draft standard tender evaluation report form...

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DOC 22

DRAFT STANDARD TENDER EVALUATION REPORT FORM FOR PROCUREMENT OF GOODS AND WORKS

PUBLIC PROCUREMENT REGULATORY AUTHORITY (PPRA)

OCTOBER 2018

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PREFACE 1. This Standard Tender Evaluation Report document has been prepared by the Public Procurement Regulatory Authority (PPRA) for use by Procuring Entities (PEs) for evaluation of tenders for procurement of goods and works contracts under Competitive Tendering Methods, including international competition as defined in the Public Procurement and Asset Disposal Act (2015). The procedures and practices presented in this document reflect the requirements in the Standard Tender Documents for Procurement of Goods and Works. This document will also be used appropriately for procurement of:

(i) Information technology (ii) Maintenance services (iii) Design and build (turnkey) (iv) Supply and Installation (v) Performance-based contracts

2. The Document will be used by Procuring Entities on a mandatory basis. Lack of its use could be basis for challenging decision on contract award, for determining a Procuring Entity non-compliant, or prompting investigations for possible fraud or corruption. 3. The Document comprises of the parts indicated on the Table of Contents. Before using this document, the User is advised to or should be familiar with the Standard Tender Documents for Procurement of Goods and Works, the Act and its Regulations and any manuals prepared and issued by PPRA to guide public officials in the conduct of the public procurement process. 4. The Public Procurement Regulatory Authority welcomes any comments from the Users of this Document which will assist in revising (if need be) and improving its structure and contents. Director General Public Procurement Regulatory Authority (PPRA) P.O. Box 30007 - 00200 Nairobi, Kenya.

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TABLE OF CONTENTS PREFACE HOW TO USE THIS STANDARD TENDER EVALUATION DOCUMENT EVALUATION GUIDELINES TENDER OPENING CHECKLIST TENDER EVALUATION SUMMARY CHECKLIST COVER PAGE ABBREVIATIONS INTRODUCTION TABLE 1. LIST OF TENDER EVALUATION COMMITTEE MEMBERS. TABLE 2. CONTRACT IDENTIFICATION AND PROCESS DETAILS TABLE 3. TENDER SUBMISSION AND OPENING TABLE 4. LIST OF TENDERERS TABLE 5. TENDER PRICES (AS READ OUT) TABLE 6 A. PRELIMINARY EXAMINATION TABLE 6 B. PRELIMINARY EXAMINATION TECHNICAL RESPONSIVENESS TABLE 6 C. BRIEF DESCRIPTIONS OF THE TECHNICAL REQUIREMENT TABLE 7. CORRECTIONS AND UNCONDITIONAL DISCOUNTS TABLE 8. ADDITIONS, ADJUSTMENTS, AND PRICED DEVIATIONS TABLE 9. EXCHANGE RATES TABLE 10. CORRECTIONS, AND UNCONDITIONAL DISCOUNTS TABLE 11. CORRECTIONS, AND UNCONDITIONAL DISCOUNTS TABLE 12. CURRENCY CONVERSION (MULTIPLE CURRENCIES) TABLE 13. MARGIN OF PREFERENCE FOR GOODS/WORKS POST QUALIFICATION CRITERIA TABLE 14. PROPOSED CONTRACT AWARD TABLE 15. SIGNATURES OF TENDER EVALUATION COMMITTEE MEMBERS COMMITTEE’S OBSERVATIONS (if any) POST-WARD ACTIONS.

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HOW TO USE THIS STANDARD TENDER EVALUATION DOCUMENT 1. The Heading of this Document, the Preface, the note on “How to use the Tables/Forms”, the Evaluation Guidelines, the Tender Opening Checklist and the Tender Evaluation Summary Checklist shall not be part of the Tender Evaluation Report to be submitted to the Accounting Officer to back the proposed contract award. 2. The evaluation forms and guide contained in this document provide step-by-step procedures for the evaluation of tenders solicited through competitive tenders for goods and works. In all instances, the tendering and evaluation procedures described in the Instructions to Tenderers (ITT) of the actual tender document used should be followed. Competitive tenders are conducted using the Standard Tender Documents issued by the PPRA and required for use by Procuring Entities. 3. Procuring Entities should note that evaluation and the resulting report need not necessarily be lengthy. Procurement of off-the-shelf goods without margin of preference can usually be quickly and easily evaluated. In general, the complexity of evaluation lies with larger works, goods contracts and with the supply and installation of industrial plant and equipment. The forms should invariably accompany the evaluation report, but they may be adapted to suit specific requirements of the tendering documents. The report should include narratives to explain details of tender evaluation or to show specific controversial wording or numbers in a tender. Cross-referencing should be used extensively, as well as references to pertinent clauses in the tendering documents. 4. Contracts may group together (“package”) smaller contracts (“lots”), which may be awarded as a package to one tender, or as sub-packages of one or more lots to several tenderers. In such instances the tender evaluation is to be done separately, including any allowances for margin of preference, for each lot, subject to any cross-discounting. 5. Procuring Entities should study these evaluation forms and guide during project preparation, in order to properly assess and manage the processes needed for tender evaluation. PPRA staff are available to explain the procedures, including any modifications necessary for evaluation using tender documents other than those STDs presently available. PPRA encourages the employment of experienced staff or consultants to help in evaluations for complex contracts.

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EVALUATION GUIDELINES 1. Identification, Tendering Process, and Tender Submission The Tables provide for the filing of basic information on the procurement process. This information is necessary to monitor compliance with the Tender Document. 2. Tender Opening 2.1.1 Tender opening procedures are described in the ITT. To assist in carrying out the opening and preparing of the record, a checklist is provided below. The checklist should preferably be filled out for each tender during the actual reading out at the meeting. The reading should be from the original version of each tender, and the actual amounts and other key details read out should be recoded. If tenders are expressed in a single currency, other currency needs expressed as a percentage should be recorded. It may also be desirable to read out exchange rates used by tenderers. 2.2.2 Any envelopes containing substitutions, modifications, or withdrawals must be subject to the same level of scrutiny, including the reading out of critical details, such as price changes. Failure to read out such information and include it in the written record may result in denial of its inclusion in tender evaluation. If a tender has been withdrawn by electronic means, it should be read out and should not be returned to the tenderer until the authenticity of the withdrawal notice has been confirmed. 2.2.3 As stated in the ITTs, no tenders should be rejected at the tender opening except those received after the deadline for receipt of tenders. Such tenders shall be returned unopened to the tenderer. A summary of the read-out tender prices should be provided in Table 5. 3. Principles of Evaluation 3.1 After the public opening of tenders, information relating to the examination, clarification, and evaluation of tenders shall not be disclosed to tenderers or other persons not officially concerned with this process until the successful tenderer is notified of the award of contract. The Procuring Entity should employ an evaluation committee, consisting of a minimum of five qualified members who should work in a secure office where all tendering documents can be kept. There may be a considerable advantage if the same members participated in the preparation of the tendering documents are Members of the Committee. 3.2 On occasion, the Procuring Entity may request clarifications of tenderers concerning ambiguities or inconsistencies in the tender. As required in the ITTs, such requests shall be in writing, and no change in the price or scope of the originally offered goods, works, or services shall be sought or accepted, except for the correction of arithmetic error. The responses from tenderers shall also be in writing. No circumstances shall justify meetings or conversations between the Procuring Entity (or its consultants) and tenderers during the tender evaluation process. 3.3 Tenderers frequently attempt to contact the Procuring Entity during tender evaluation, directly or indirectly, to query progress of evaluation, to offer unsolicited clarifications, or to provide criticisms of their competition. Receipt of such information should be acknowledged as to receipt only. Procuring Entities must evaluate tenders on the basis of the information provided in the respective tender documents only. However, additional information provided may be useful in improving the accuracy, speed, or fairness of the evaluation. In any case, no changes in the tender price or substance are allowed.

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4. Preliminary Examination of Tenders The Procuring Entity will begin by examining all tenders to ensure they meet in all respects the eligibility criteria and other requirements in the ITT, and that the tender is complete in all aspects in meeting the requirements of “Part 2 – Procuring Entity’s Requirements”, including checking for tenders with unacceptable errors, abnormally low tenders, abnormally high tenders and tenders that are front loaded. Table 6 (A-C) indicates the checks to be made. This Standard Tender Evaluation Report provides clear guidelines on how to deal with review of these requirements. Tenders that do not pass the Preliminary Examination will be considered irresponsive and will not be considered further. 5. Detailed Examination of Tenders Only those tenders surviving preliminary examination need to be examined in this phase.

(a) Corrections for Errors The methodology for correction of computational errors is described in the ITT. The read-out tender

prices and their corrections should be noted in Table 7. The corrections are considered binding on the tenderer. Unusual or large corrections that could affect the comparative ranking of tenders should be explained in footnotes.

(b) Corrections for Provisional Sums Tenders may contain provisional sums for contingencies or for nominated subcontractors, etc. set by

the Procuring Entity. As these sums are the same for all tenders, they should be subtracted from the read-out prices in Table 7, to allow for a proper comparison of tenders in subsequent steps. However, those provisional sums set aside for Day work, where priced competitively, should not be included in the deductions.

(c) Modifications and Discounts In accordance with the ITT, tenderers are allowed to submit, prior to tender opening, modifications

to their original tender. The impact of modifications should be fully reflected in the examination and evaluation of the tenders. These modifications may include either increases or discounts to the tender amounts that reflect last-minute business decisions. Accordingly, the original tender prices should be modified at this point in the evaluation. Discounts offered in accordance with the ITT that are conditional on the simultaneous award of other contracts or lots of the contract package (cross-discounts) shall not be incorporated until the completion of all other evaluation steps. The effect of unconditional discounts (or alternatively, increases) should be shown as in Table 8 or 10. Any discount expressed in percent must be applied to the appropriate base specified in the tender (i.e., check to see if it applies to any provisional sums).

(d) Evaluation Currency The remaining tenders as corrected for computational errors and as adjusted for discounts should be

converted to a common evaluation currency, as described in the ITT. The exchange rates to be used in the calculations are to be listed in Table 9.

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(e) Additions Omissions to the tender should be compensated for by adding the estimated costs for remedying the

deficiency. Where items missing in some tenders are present in others, an average of quoted prices could be used to compare competitors’ tenders. Alternatively, external sources, such as published price lists, schedules, etc., may be appropriate. The cost determined should be expressed in the evaluation currency and shown in Table 12.

(f) Adjustments The ITT specifies which, if any, performance or service factors will be considered in the tender

evaluation. The methodology used in evaluation of these factors should be precisely described in the tender evaluation report and should be fully consistent with the ITT provisions. Bonuses or additional credits that reduce the evaluated tender price will not be given in the tender evaluation for features that exceed the requirements stated in the tender documents, unless specifically provided for in the ITT. The value of adjustments will be expressed in terms of cost, for all works and goods contracts, and should be shown in Table 11, and expressed in the evaluation currency.

(g) Priced Deviations Tenders with minor deviations may be considered substantially responsive if their further consideration assigns a monetary cost or penalty to the tender for the purpose of tender comparison:

(i) Requests for deviations that are expressed by the tenderer in vague terms, such as “we would like an increase in the amount of mobilization advance” or “we wish to discuss changes in the completion schedule” should ordinarily be ignored in tender evaluation. However, a categorical statement by the tenderers taking exception to a requirement in the tendering documents should be treated as a deviation.

(ii) If a tender requires a faster payment stream than specified in the tendering documents, the

penalty is based on the prospective benefit to the tenderer. This situation assumes use of a discounted cash flow using the prevailing commercial interest rates for the currencies of the tender, unless the ITT foresees the eventuality and specifies a rate.

(iii) If a tender provides for a delivery or completion that is beyond the date specified in the tendering

documents but that is nonetheless technically acceptable to the Procuring Entity, the time advantage given should be assessed a penalty specified in the ITT or, if one is not provided, based on the rate of liquidated damages specified in the tendering documents.

The deviations should be priced in the evaluation currency in Table 10, column d.

6. Determination of Award

(a) In the comparison of tenders for works and for goods, the corrected and discounted tender prices, together with adjustments for omissions, deviations, and specified evaluation factors, have been noted in Table 8 and 10. The tenderer with the lowest total is the lowest evaluated tenderer at this stage, subject to:

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(i) Application of margin of preference, if any is allowed; (ii) Post qualification evaluation, or, if prequalification has occurred, confirmation of

prequalification information. (b) Margin of Preference, if allowed in tender evaluation, the ITT will so state and provide detailed

procedures to be used in determining the eligibility for preference and the amounts. Also, the eligibility of goods for margin of preference must be examined according to the criteria described in the ITT.

(c) Cross-Discounts are conditional discounts offered in the event that more than one contract or lot will

be awarded to the same tenderer. Tender evaluation in such cases can be quite complicated, particularly for goods contracts where margin of preference may apply. The sizes of cross-discounts offered by each tenderer may vary with the potential number of contracts awarded. The ITT may also limit the number or total value of awards to a tenderer on the basis of its financial and technical capacity. Thus, a tenderer offering the lowest evaluated tender on a particular contract may be denied award because of such a restriction. The Procuring Entity shall select the optimum combination of awards on the basis of least overall cost of the total contract package, consistent with the qualification criteria. Presentations of the calculations should be made on an attachment to the report, which should include the tender evaluation(s) for the other contracts, if they have been evaluated separately.

(d) If prequalification was conducted, the tenderer whose tender is the lowest evaluated should receive

the award, unless the tenderer’s qualifications have since materially deteriorated or the tenderer has since received additional work that overstresses its capacity. The Procuring Entity should satisfy itself fully on both accounts.

(i) Where prequalification has not occurred, the prospective awardee should be subjected to post-

qualification, the procedures for which are described in the ITT. (ii) If the lowest evaluated tenderer fails post-qualification, its tender should be rejected, and the

next ranked tenderer should then be subject to post-qualification examination. If successful, this tenderer should receive the award. If not, the process continues.

(iii) The rejection of a tender for reasons of qualification requires substantial justification, which

should be clearly documented in attachments to the report. A history of poor performance may be considered a substantial justification.

(e) Alternative Tenders may be allowed in the ITT to allow the Procuring Entity to accept alternative

tenders under the stipulation that only the alternative submitted by the lowest evaluated tenderer and conforming to the tendering documents will be considered. For works, the ITTs may allow alternative technical solutions and/or alternative times for completion.

(f) In all cases, the ITT may allow for submission of an alternative payment schedule. The Procuring

Entity, shall cost the alternative payment schedule to see its financial effect over the required payment schedule. Calculations for the evaluation of alternatives should be provided in an attachment to the report.

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(g) The amount of the proposed award shall be the tender price as submitted by the winning tenderer and adjusted as described in the ITT only for unconditional discounts (including cross-discounts), and acceptance by the Procuring Entity of alternative offers from the lowest evaluated tenderer. Adjustments to the final price and scope of the contract to correct for acceptable omissions and quantity variations in the tender may be negotiated with the lowest evaluated tenderer. This particularly the case with goods contracts with large lists of items where the contract will be accepted if it reaches a specified threshold in its priced items or turnkey contracts with unknown or unspecified items that the Procuring Entity is are of later. In any case the proposed award is required before such negotiations may be entered into.

(h) If only none of the tenders are found to be responsive, or tenders are unreasonably high in price

compared with earlier estimates, or none of the tenderers are qualified, the Procuring Entity may consider rejection of all tenders and restart the whole procurement process on basis of revised tender documents (evaluation criteria, specifications and conditions of contract.

(i) The Evaluation Report shall be submitted to the Accounting Officer for approval of the proposed

contract award and signature. (j) Tender securities of unsuccessful tenderers should be returned promptly after award has been made.

However, if contract effectiveness is contingent on the receipt of a performance security or other condition, the Procuring Entity may consider seeking an appropriate extension of time for the tender validity and the accompanying tender security of the next two lowest tenderers. The Procuring Entity shall publish the contract award as required by the Act, specifying the name, address and nationality of the tender awarded the contract, and the contract price. Any further information on the tenders or on their evaluation, including the tender evaluation report, is held in confidence by the Procuring Entity. Unsuccessful tenderers are allowed to seek a debriefing with the Procuring Entity. In anticipation of this and/or any post reviews by any authorized entities (like PPRA or Auditor General or other Integrity Agencies conducting investigations relating to this contract, the Procuring Entity, should ensure that tendering documents and evaluations are securely stored.

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TENDER OPENING CHECKLIST Tender Opening Date: Time: Name of Tenderer: (a) Is outer envelope of tender sealed? (b) Is tender form completed and signed? (c) Expiration date of tender. (d) Is documentary authority for signing enclosed? (e) Amount of tender security (if required) and state currency. (f) Describe any “Substitution,” “Withdrawal,” or “Modification” submitted (g) Describe any alternative tender made. (h) Describe any discounts or modifications offered, (i) Additional comments. (j) Name of tenderer or representative present. (k) Total tender price: (list currencies and amounts or percentages).

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TENDER EVALUATION SUMMARY CHECKLIST 1. Attach tender opening record, if not previously submitted. 2. Explain any inconsistencies between prices and modifications to prices read out at tender opening (and written into the record) and presented in Table 5. 3. Provide details on eliminating any tenders during preliminary examination (Table 5). Copy select pages from tenders, as desirable, to show examples of objectionable features. 4. If provisional sums in Tables 7 and 10 vary among tenderers, explain. Explain any substantial corrections for computational errors that may affect the ranking of tenderers. 5. Provide a copy of the rates requested used in Tables 7 and used in Tables 8 or 9. 6. The additions, adjustments, and priced deviations in Tables 8 and 11 require detailed explanations where they may affect the ranking of tenderers. 7. Eligibility for margin of preference as indicated in Table 13 must be verified if the ranking of tenders is affected. Provide details in an attachment. Exclusions to the calculations for preference should be explained if similarly, if significant. 8. Explain any discount not read out and recorded at tender opening. In addition, attach copies of any evaluation reports for the other related contracts awarded to the same tenderer. 9. Provide detailed reasons for refusing to award a contract to a party other than the lowest evaluated tenderer. 10. If an alternative tender is accepted, provide a detailed explanation of the reasons for its acceptance, addressing issues of timeliness, performance, and cost implications . 11. Provide evidence of alternative insurance. 12. Attach copies of any correspondence from tenderers that raise objections to the tendering and evaluation process, together with detailed responses. 13. Attach copies of any letters to tenderers requesting clarifications. Provide copies of responses. 14. Submit tender evaluation with separate evaluation report from consultant, if one was commissioned. 15. Ensure that the tender evaluation report is double-checked, paginated, and complete.

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COVER PAGE Name of Procuring Entity TENDER EVALUATION REPORT AND RECOMMENDATION FOR AWARD OF CONTRACT FOR (name and reference number of the Contract) ________________________________________________________________ Contract Name: Identification/Reference Number: Date of Tender Report Submission:

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ABBREVIATIONS AO Accounting officer FY Fiscal year ICT Information, Communications Technology ITT Instructions to Tenderers JV Joint Venture NCB National competitive tender PE Procuring Entity PPADA Public Procurement and Asset Disposal Act, 2015 PPRA Public Procurement Regulatory Authority R Responsive NR Not-Responsive RFQ Request for Quotation STD Standard Tender Documents TEC Tender Evaluation Committee TOR Terms of reference

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INTRODUCTION 1.1 General Provide a narrative of the Procuring Entity’s need and objective of this contract. 1.2 Submission of Tenders Summarise the information on numbers of tenderers that purchased or downloaded the tender documents and those who responded. Summarize how tenders were opened and to whom minutes of tender opening was sent. If there was a pre-tender meeting describe it and attach minutes of the pre-tender meeting. Describe briefly the content of the tender document used. 1.3 Tender Opening Describe the process, timing and location of the Tender opening. 1.4 Tender Evaluation Committee Describe the composition of the Tender Evaluation Committee and provide names on the Table below. TABLE 1. LIST OF TENDER EVALUATION COMMITTEE MEMBERS. S/No Name Designation Organization Position 1 Chair 2 Secretary 3 Member 4 Member 5 Member 6 ETC

Note: A Tender Evaluation Committee should be about 4-6 Members with Head of the Procurement Unit as the Secretary/Member. It should have subject matter experts and/or any consultants engaged for the contract processing, e.g. Engineers, ICT experts. 1.5 Recommendation Summarise the Recommendation of he Tender Evaluation Committee as defined on Table 15.

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TABLE 2. CONTRACT IDENTIFICATION AND PROCESS DETAILS S/N ITEM DESCRIPTION 1 Name of Procuring Entity

(a) name (b) address

2 Contract Name and Reference number 3 Date of Invitation to Tender 4 Tender Opening Date

(a) original (b) revised

5 Contract name and identification number 6 Contract description 7 Originally estimated Cost of the contract 8 Method of procurement 9 Margin of preference allowed Yes/No 10 Fixed or fluctuating price contract Yes/No 11 Prequalification, if required, number of firms

prequalified.

12 Date of Invitation to Tender 13 Name of national newspaper where published 14 Standard Tendering Document Used 15 Date of Tender Document was issued to tenderers 16 Number of firms issued/bought tender documents 17 Amendments to documents, if any, list all issue

dates

18 Date of pre-tender conference, if any 19 Date minutes of conference sent to tenderers

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TABLE 3. TENDER SUBMISSION AND OPENING S/N ITEM DESCRIPTION/INFORMATION 1 Tender submission deadline

(a) original date, time (b) extensions, if any

2 Tender opening date, time 3 Record or minutes of tender opening 4 Number of tenders submitted 5 Tender validity period (days or weeks)

(a) originally specified (b) extensions, if any

TABLE 4. LIST OF TENDERERS S/N NAME OF

TENDERER FULL ADDRESS COUNTRY OF ORIGIN

1 2 3 4 5 6 7 8 9 10 11 13 13 14 15

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TABLE 5. TENDER PRICES (AS READ OUT)

Read-out Tender Price REF NO.

Tenderer’s Name Currency 1 (name)

Currency 2 (name and /or %



Modifications if any

Comments

1 (a) (b) (c) (d) (e) (f) 2 3 4 5 6 7 8 9 10 11 12 13 14 15

NOTES 1. Currencies may be expressed in total sums or as a percentage of the primary currency no. 1 2. Describe any modifications to the read-out tender, such as discounts offered, withdrawals, and alternative tenders, also the absence of any

required tender security or other critical items.

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TABLE 6 A. PRELIMINARY EXAMINATION Page 1 TENDER REF NO (from Table 5) R or NR S/N Mandatory Eligibility

criteria 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

1 The Tender is signed and by the person with power of attorney, without material deviation, reservation, or omission.

NR1

2 There is a letter granting power of attorney to sign the contract, if so required.

3 Tenderer is a legally registered entity.

4 If Tenderer is a JV, it is properly constituted.

5 Tax Compliance Certificate for Kenyan tenderers.

6 Goods, materials, equipment and services are from eligible countries.

7 Foreign tenderer meets the minimum forty (40%) percent

1 The Tender was signed by a person without power of Attorney

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TENDER REF NO (from Table 5) R or NR S/N Mandatory Eligibility

criteria 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

rule of local contributions.

8 A Tender-Securing Declaration/Tender Security as required.

9 A Tenderer has not participated in more than one Tender, except for permitted alternative tenders

10 Tenderer has not been debarred by the PPRA or any other recognized insitution.

11 Tenderer is a commercially autonomous Kenyan State-owned Enterprise.

12 Tenderer has no conflicts of interest.

132 Tender has met all scope of requirements and specifications without any material deviation, reservation or omission.

14 The tenderer is not insolvent, in

2 This item is further elaborated on Table 6. B.

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criteria 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

receivership, bankrupt or in the process of being wound up.

15 The tender is valid for the required number of days.

16 For Kenyan Tenderers, Tenderer is registered with appropriate authority (name the Authority).

Determination of Responsiveness (R/NR)


criteria 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

1 The Tender is signed and by the person with power of attorney, without material deviation, reservation, or omission.

2 There is a letter granting power of attorney to sign the contract, if so required.

3 Tenderer is a legally registered entity.

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criteria 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

4 If Tenderer is a JV, it is properly constituted.

5 Tax Compliance Certificate for Kenyan tenderers.

6 Goods, materials, equipment and services are from eligible countries.

7 Foreign tenderer meets the minimum forty (40%) percent rule of local contributions.

8 A Tender-Securing Declaration/Tender Security as required.

9 A Tenderer has not participated in more than one Tender, except for permitted alternative tenders

10 Tenderer has not been debarred by the PPRA or any other recognized insitution.

11 Tenderer is a commercially autonomous Kenyan

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criteria 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

State-owned Enterprise.

12 Tenderer has no conflicts of interest.

133 Tender has met all scope of requirements and specifications without any material deviation, reservation or omission.

14 The tenderer is not insolvent, in receivership, bankrupt or in the process of being wound up.

15 The tender is valid for the required number of days.

16 For Kenyan Tenderers, Tenderer is appropriately registered with appropriate authority (name the Authority).

Determination of Responsiveness (R/NR).

Note: For explanations of Reason for NR, include a footnote and an explanation. E.g. Tender No. 1 item I may be NR, so the explanation will be as below.

3 Elaborated further on Table 6 B.

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1 The Tender was signed by a person without power of Attorney. Tenders that pass the preliminary examination will be further subjected to arithmetical corrections and unconditional discounts using TABLE 7. CORRECTIONS AND UNCONDITIONAL DISCOUNTS. TABLE 6 B. PRELIMINARY EXAMINATION TECHNICAL RESPONSIVENESS Ref. No.

Tenderer’s Name Technical Spec. 1 Provision in Tender Document

Technical Spec. 2 Provision in Tender Document





Acceptance fo Detailed Ex (responsive -

1 2 3 4 5 6 7 8 9 10 ETC.

TABLE 6 C. BRIEF DESCRIPTIONS OF THE TECHNICAL REQUIREMENT S/N TECH SPEC. DESCRIPTION OF TECH SPEC. BEING CONSIDERED 1 Technical Spec. 1 2 Technical Spec. 2 3 Technical Spec. 3

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4 Technical Spec. 4 5 Technical Spec. 5 6 Technical Spec. 7 7 ETC.

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TABLE 7. CORRECTIONS AND UNCONDITIONAL DISCOUNTS The Procuring Entity shall check each tender for arithmetical errors. Tenderer Ref. No.

Read-out Tender Price(s) Corrections Corrected Tender Price(s)

Unconditional Discounts

Currency(ies) Amount(s) Computational Errors

Percent Amount(s) less Provisional sums

Corrected /Discounted Tender Price(s)

Tender price with offered discounts

(a) (b) (c) (d) = (b) + (c) (e) (f) (g) = (d) – (f) h=(b)-(e) 1 i

ii iii iv

2 i ii iii iv

3 4 5 6 7 ETC.

1. Discounts must be based on Tender price less any Provisional Sums and Contingencies. 2. At this stage, any errors considered a major deviation that affects the substance of the tender shall be used to determine if such a tender should be rejected as non-responsive. Rejected tenders shall not proceed with further evaluation.

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3. If tenders are not subject to prices in foreign currency and/or margin of preference, Tenders that pass the scrutiny on correction of errors shall be evaluated further using Table 8 for price adjustment due to quantifiable nonmaterial nonconformities, additions, adjustments, and priced deviations.

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TABLE 8. ADDITIONS, ADJUSTMENTS, AND PRICED DEVIATIONS (if any) (for Tenders not subject to Foreign Currency conversions and grant of margin of preference).

Tenderer (Ref and Name)

Corrected /Discounted Tender Price(s) from Table 7

Additions Adjustments4 Priced Deviations

Total Corrected Price

(a) (b) (c) (d) (e) = (a) + (b) + (c) + (d)

RANKING RESPONSIVE (YES/NO)5

1 2 3 4 5 6 7 8 9 10 ETC

1. The applied additions, adjustments and priced deviations shall be explained clearly on this page. Adjustments shall include:

(a) Alternative Completion Times, if permitted in the ITT. (b) Alternative Technical Solutions for specified parts of the Works, if permitted in the ITT. (c) Alternative payment schedule. (d) Other Criteria; permitted under ITT.

2. Tenders will be ranked accordingly and the following scrutiny will be performed. Tender Price considered for contract award shall be the offered tender price less any offered unconditional discounts, established in Table 7 Column h.

4 Adjustments for nonmaterial deviations, omissions or variations which can be quantified. This may include operational, recurrent, or maintenance costs. Explain how each criterion is applied and calculated. 5 Provide Reason for non-responsiveness.

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(i) If the Tender Price of the Lowest Evaluated Tenderer is determined an “An abnormally Low Tender” following the procedure in ITT it

shall be rejected and the next ranked tender considered. (ii) If the Tender Price of the Lowest Evaluated Tenderer is determined an unacceptable as an “Unbalanced or Front-Loaded Tender”, in

accordance with ITT, it shall be rejected and the next ranked tender considered. (iii) If the Tender Price of the Lowest Evaluated Tenderer is determined an “An abnormally High Tender” following the procedure in ITT, the

tender process shall be terminated, and follow the process in ITT. 3. If tenders were not subject to foreign currency exchange rates and/or margin of preference, recommendation for award shall be made as follows:

(i) If the Tenderers were prequalified, the Lowest Evaluated Tender that passes the tests of Item 2 shall be recommended for award as per Table 15 - Proposed Contract Award.

(ii) If the Tenderers were not prequalified, the Lowest Evaluated Tender that passes the tests of Item 2 shall de subject to post-qualification

criteria outlined in Table 14 – Post-Qualification Criteria.

4. If tenders were subject to foreign currency exchange rates and/or margin of preference, recommendation for award shall not be made till the evaluation proceeds in accordance with Tables 9-13.

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TABLE 9. EXCHANGE RATES Currency Used for Tender Evaluation: Effective Date of Exchange Rate: Authority or Publication Specified for Exchange Rate: Note: Attach copy of exchange rates provided by specified Authority or Publication. This information must be as defined in the Tender Document in terms of Currency, exchange rate date and Authority or Publication as source of Exchange Rate.

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TABLE 10. CORRECTIONS, AND UNCONDITIONAL DISCOUNTS (if any) (for Tenders subject to Foreign Currency conversions and no grant of margin of preference).

Tenderer

Read-out tender price Corrections Corrected Tender Price

Unconditional Discounts

Amounts in

Currency Kes

Tender Price Computational errors

Provisional sums & Contingencies

% Given

Amount offered

Corrected Tender amount/Price

a b c d e f=c-d-e g h=f x g i=f-h 1 ABC

Contractors KES 130,000,290 0 13,000,000 117,000,000 0 117,000,000 117,000,000 USD 400,000 10,090 0 400,000 5% 20,000 380,000 Euro 300,000 0 0 300,000 0 300,000 300,000 None 0 0 0 0 0 0 0

2

3

4 5

Example Shaded. Evaluation Currency is Kes. 1. Proceed to Table 11.

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TABLE 11. CORRECTIONS, AND UNCONDITIONAL DISCOUNTS (if any) (for Tenders subject to Foreign Currency conversions and no grant of margin of preference).


Currency Corrected /Discounted Tender Price(s) from Table 10. i

Additions Adjustments Priced Deviations

Corrected Price

(a) (b) (c) (d) e = (a) + (b) + (c) + (d)

1 ABC Contractors KES 117,000,000 100,500 0 200,000 117,300,500 USD 380,000 500 0 400 380,900 Euro 300,000 0 1,050 301,050 None 0 0 0 0 0

2

3

4 5

Example Shaded. Evaluation Currency is Kes. 1. The applied additions, adjustments and priced deviations shall be explained clearly on this page. Adjustments shall include:

(a) Alternative Completion Times, if permitted in the ITT. (b) Alternative Technical Solutions for specified parts of the Works, if permitted in the ITT. (c) Other Criteria; permitted under ITT.

Proceed to Table 12.

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TABLE 12. CURRENCY CONVERSION (MULTIPLE CURRENCIES) (for Tenders subject to Foreign Currency). SPECIFY EVALUATION CURRENCY:


Corrected Tender amount/Price from Table 10 (B) Item e

Payment Composition Exchange Amounts Exchange Evaluation Currency

Currency Kes Currency of Payment

% of Total

Amount in Currency

Rate used by Tenderer

Currency of payment

Rate for Evaluation

Tender Prices

Evaluated Tender Price (Kes)

Ranking

a b c d=a x c e f=d/e g h=f x g i 1 ABC

Contractors (Kenyan)

117,300,500 KES 0 0 1 117,300,500 1 117,300,500 197,950.250 2 380,900 USD 0 0 100 380,900 105 39,994,500 301,050 Euro 0 0 130 301,050 135 40,655,250 0 NONE 0 0 0 0 0 0

2 Agop Ltd (Foreign)

200,450,000 KES 65 130,292,500 1 130,292,500 1 130,292,500 197,885,613 1 0 USD 15 30,067,500 95 2,856,412,500 105 27,203,928 0 Euro 20 40,090,000 136 5,452,540.000 135 40,389,185 0 NONE

3 KES USD Euro NONE

4 5

Example Shaded. Evaluation Currency is Kes. 1. Tenders will be ranked accordingly and the following scrutiny will be performed.

(i) If the Lowest Evaluated Price is determined an “An abnormally Low Tender” following the procedure in ITT, it shall be rejected and the next ranked tender considered.

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(ii) If the Lowest Evaluated Price is determined an unacceptable as an “Unbalanced or Front-Loaded Tender”, in accordance with ITT, it shall be rejected and the next ranked tender considered.

(iii) If the Lowest Evaluated Price is determined an “An abnormally High Tender” following the procedure in ITT, the tender process shall be

terminated, and follow the process in ITT. 2. If the Tenderers were prequalified, the Lowest Evaluated Tender that passes the tests of Item 1 shall be recommended in Table 15 - Proposed

Contract Award. 3. If the Tenderers were not prequalified, the Lowest Evaluated Tender that passes the tests of Item 1 shall be recommended for contract award in

Table 15 - Proposed Contract Award, subject to post-qualification criteria outlined in Table 14 – Post-Qualification Criteria. 4. Otherwise, if tenders were subject to margin of preference, the Tenders that pass the tests of Item 1 above shall be subjected to margin of

preference Table 13.

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TABLE 13. MARGIN OF PREFERENCE FOR GOODS/WORKS (for Tenders subject to grant of margin of preference). SPECIFY EVALUATION CURRENCY:

Tenderer Margin of Preference Group

Total Price from Table 12 i

Margin of Preference (%)1

Preference Price Total Comparison Price

a b c d=b x c e=b+d RANKING 1 ABC Contractors

(Kenyan) A 197,950.250 N/A 0 197,950.250 1

2 Agop Ltd (Foreign)

B 197,885,613 10% 19,788,561 217,674,174 2

3 4 5 6 7 8 9 10 ETC.

After applying margin of preference, the Lowest Evaluated Tender Ranked 1 shall be recommended for contract award in Table 15 - Proposed Contract Award, subject to post qualification in Table 14.

1 The margin of preference is 10% for Goods and 15% for Works.

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TABLE 14. POST QUALIFICATION CRITERIA 1. In case the tender was not subject to pre-qualification, the tender that has been determined to be the lowest evaluated tenderer shall be considered for contract award, subject to meeting each of the following conditions (post qualification Criteria applied on a GO/NO GO basis).

(i) The Tenderer shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means (independent of any contractual advance payment) sufficient to meet the construction cash flow of Kenya Shillings _________________________________.

(ii) Minimum average annual construction turnover of Kenya Shillings [insert amount], equivalent

calculated as total certified payments received for contracts in progress and/or completed within the last [insert of year] years, divided by [insert number of years] years.

(iii) A minimum number of [state the number] similar contracts specified below that have been

satisfactorily and substantially completed as a prime contractor, joint venture member, management contractor or sub-contractor between 1st January [insert year] and tender submission deadline i.e. …. (number) contracts, each of minimum value Kenya shillings…………... equivalent. [In case the Works are to be tender as individual contracts under multiple contract procedure, the minimum number of contracts required for purposes of evaluating qualification shall be selected from the options mentioned in ITT 35.4].

(iv) Contractor’s Representative and Key Personnel, which are specified as

________________________________________________________________________________________________________________________________________

(v) Contractors key equipment listed on the table “Contractor’s Equipment” below and more specifically

listed as [specify requirements for each lot as applicable] _______ ____________________________________________________________________ ____________________________________________________________________

(vi) Other conditions depending on their seriousness on History of Non-Performing Contracts, Suspension

Based on Execution of Tender/Proposal Securing Declaration by the Procuring Entity, Pending Litigation, and Litigation History.

2. If the Lowest Evaluated Tenderer fails the post-qualification criteria, the next ranked tenderer shall be considered, and each time the Procuring Entity shall consider if the tenderer proposed for award is not abnormally too high.

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TABLE 15. PROPOSED CONTRACT AWARD

S/N ITEM DESCRIPTION 1 Lowest evaluated responsive tenderer. (a) name

(b) address (c) Contract Price (Same as the Tender Price including any unconditional discounts offered).

2 If tender from joint venture, list all partners, nationalities.

Partners and Nationalities

3 Estimated date (month, year) of contract signing.

4 Estimated date of contract completion period/date.

5 Tender Price(s) as per Tender Prices read-out, including any offered discounts.

Currencies Amounts Or Percentage (i) (ii) (iii) (iv)

TABLE 16. SIGNATURES OF TENDER EVALUATION COMMITTEE MEMBERS S/No Name Designation Organization Position Signature 1 Chair

2 Secretary

3 Member

4 Member

5 Member

6 ETC.

Dated ______________________________ COMMITTEE’S OBSERVATIONS (if any) The Evaluation Committee shall insert include here any relevant narratives on the Report. For guidance, the narratives may include any issues regarding tender response, deviations waved, negotiations if any, etc.

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POST-AWARD ACTIONS. 1. After the Evaluation Committee has determined the Lowest Evaluated Tenderer, has recommended the same for contract award, and signed Table 15, the Secretary to the Committee shall prepare a transmittal letter to the Accounting Officer requesting for his/her approval. If the Accounting has any objection to the proposed award, he/she shall indicate so and direct the Committee what should be done, provided such a direction is not intended to influence the Committee’s decision to award the contract to a preferred tenderer, which in any case may provoke an investigation on possible corruption. 2. If the Accounting Officer agrees with the Committee’s proposed contract ward, the Secretary to the Committee shall prepare a letter of “Notification of Intention to Award a Contract” and follow the steps in the respective Tender Document regarding Notification of Award of contract, Signing of the Contract and issue of a Performance Security. 3. If the Committee recommends cancellation of the tender process, it should make recommendations on how a retender would be done, indicating clearly how the new Tender documents and process should be improved to avoid another cancellation. It should also advise the User Department accordingly. Page 38 of 38