ministry of environment and mineral resources, p. o. … · ministry of environment, water and...

of 44

REPUBLIC OF KENYA

MINISTRY OF ENVIRONMENT AND MINERAL RESOURCES,

P. O. BOX 30126,

NAIROBI.

KENYA METEOROLOGICAL SERVICES

TENDER NO: MEWNR/T/20/2013-2014-SUPPLY, DELIVERY, INSTALLATIONAND COMMISSIONING OF FIXED POLLUTION MONITORING STATIONS

CLOSING DATE: 8 November 2013.

TIME: 10:00 A.M. LOCAL TIME

of 44

Table of ContentsPage

INTRODUCTION

Section A TENDER NOTICE 3

Section B INVITATION FOR TENDERS 4

Section C INSTRUCTIONS TO TENDERERS 5

Section D GENERAL CONDITIONS OF CONTRACT 18

Section E SPECIAL CONDITIONS OF CONTRACT 22

Section F SCHEDULE OF REQUIREMENTS 23

Section G TECHNICAL SPECIFICATIONS 24

Section H TENDER FORMS AND PRICE SCHEDULES 32

Section I TENDER SECURITY FORM 35

Section J CONTRACT FORM 36

Section K PERFORMANCE SECURITY FORM 37

Section L BANK GUARANTEE FOR ADVANCE PAYMENT 38Section M MANUFACTURERS AUTHORIZATION FORM 39Section N CONFIDENTIAL BUSINESS QUESTIONAIRE 40

of 44

Section A: Tender NoticeDate: 24th OCTOBER, 2013.

TENDER NO: MEWNR/T/20/2013-2014-Supply, Delivery, Installation AndCommissioning Of Fixed Pollution Monitoring Stations

The MINISTRY OF ENVIRONMENT, WATER AND NATURAL RESOURCES nowinvites sealed tenders from eligible candidates for Supply, delivery, installation andcommissioning of Fixed Pollution Monitoring Stations. Interested eligible candidates mayobtain further information from and inspect the Tender documents at the ProcurementOffice, during normal working Hours, NHIF Building on 11th Floor, Room 1110 uponpayment of non-refundable fees Of Kshs 5,000 payable to the cashier on 11th Floor, NHIFBuilding, Ragati Rd, either in cash or bankers cheque payable to Principal Secretary,Ministry Of Environment, Water and Natural Resources.

All Bids must be accompanied by the Bid Security of Equivalent to 2% of Total Bid Amount inform of a Bankers Cheque or Bank Guarantee, payable to the Principal Secretary MINISTRY OFENVIRONMENT , WATER AND NATURAL RESOURCES, and MUST remain Valid for aperiod of 30 days beyond the Tender Validity Period.

Completed Tender Documents must be deposited in the Tender Box Situated on 11th Floor,NHIF Building, or addressed to:

THE PRINCIPAL SECRETARYMINISTRY OF ENVIRONMENT, WATER AND NATURAL RESOURCES,P.O. Box - 30126 – 00100 GPO,NAIROBI.

So as to reach him not later than 10.00 AM 8th NOVEMBER 2013.Tenders will be opened immediately thereafter in the presence of candidates’ representativeswho choose to attend at the CONFERENCE ROOM ON 12TH FLOOR, NHIF BUILDING

Head, Supply Chain Management Services,For: THE PRINCIPAL SECRETARY,Ministry Of Environment, Water and Natural Resources.

of 44

Section B: Invitation for TendersDate: 24th OCTOBER, 2013

Dear Sirs,

To: M/s. ………………………………………………………………………………………P.O.BOX……………………………………..

RE: Tender No. MEWNR/T/20/2013-2014- Supply, Delivery, Installation AndCommissioning Of Fixed Pollution Monitoring Stations

We hereby invite you and other Tenderers to submit sealed tenders for the execution andcompletion of the above tender.You may obtain a complete set of Tender document from the Procurement Office, Room 1110,MINISTRY OF ENVIRONMENT, WATER AND NATURAL RESOURCES, NHIFBuilding, Ragati Road, during normal working hours. Complete tender documents must beaddressed to:-

THE PRINCIPAL SECRETARYMINISTRY OF ENVIRONMENT, WATER AND NATURAL RESOURCES.P.O.BOX 30126– 00100 GPONAIROBI.

And be deposited in the quotation box located on 11th Floor, NHIF Building, Ragati Rd,so as toreach him on or before 8th NOVEMBER 2013, at 10.00 AM and will be opened immediatelythereafter, in the presence of Tenderers’ representatives who choose to attend.

Head, Supply Chain Management ServicesFor: PRINCIPAL SECRETARY,MINISTRY OF ENVIRONMENT, WATER AND NATURAL RESOURCES

of 44

1. SECTION C– INSTRUCTIONS TO TENDERERS

1.1. Eligible Tenderers1.1.1. This Invitation for Tenders is open to all Tenderers eligible as described in the

tender documents. Successful Tenderers shall provide the services for thestipulated duration from the date of commencement (hereinafter referred to asthe term) specified in the tender documents.

1.1.2. Tenderers shall provide the qualification information statement that theTenderer (including all members of a joint venture and subcontractors) is notassociated, or have been associated in the past, directly or indirectly, with a firmor any of its affiliates which have been engaged by the Procuring entity toprovide consulting services for the preparation of the design, specifications, andother documents to be used for the procurement of the services under thisInvitation for Tenders.

1.1.3. Tenderers shall not be under a declaration of ineligibility for corrupt andfraudulent practices.

1.2. Eligible materials and spares1.2.1. All consumable materials and spares used under the contract shall have their

origin in eligible source countries.

1.2.2. For purposes of this clause, “origin” means the place where the materials aremined, grown, or produced. Materials are produced when, throughmanufacturing, processing, or substantial and major assembly of components, acommercially-recognized product results that is substantially different in basiccharacteristics or in purpose or utility from its components.

1.2.3. The origin of materials is distinct from the nationality of the Tenderer.1.3. Cost of Tendering

1.3.1. The Tenderer shall bear all costs associated with the preparation andsubmission of its tender, and the procuring entity, will in no case beresponsible or liable for those costs, regardless of the conduct or outcome ofthe tendering process.

1.4. Contents of Tender Document1.4.1. The tender document comprises the documents listed below and addenda

issued in accordance with clause 6 of these instructions to tenders:(i) Invitation for Tenders;(ii) General information;(iii) General Conditions of Contract;(iv) Special Conditions of Contract;(v) Schedule of Requirements;(vi) Technical Specifications;(vii) Tender Form and Price Schedules;(viii) Tender Security Form;

of 44

(ix) Contract Form;(x) Performance Security Form;(xi) Bank Guarantee for Advance Payment Form

1.4.2. The Tenderer is expected to examine all instructions, forms, terms, andspecifications in the tender documents. Failure to furnish all informationrequired by the tender documents or to submit a tender not substantiallyresponsive to the tender documents in every respect will be at the Tenderersrisk and may result in the rejection of its tender.

1.5. Clarification of Documents1.5.1. A prospective Tenderer requiring any clarification of the tender document may

notify the Procuring entity in writing or by cable (hereinafter, the term cable isdeemed to include telex and facsimile) at the entity’s address indicated in theInvitation for tenders. The Procuring entity will respond in writing to anyrequest for clarification of the tender documents, which it receives not laterthan seven (7) days prior to the deadline for the submission of tenders,prescribed by the MINISTRY OF ENVIRONMENT, WATER ANDNATURAL RESOURCES (MEWNR). Written copies of the MEWNRresponse (including an explanation of the query but without identifying thesource of inquiry) will be sent to all prospective Tenderers who have receivedthe tender document.

1.6. Amendment of Documents1.6.1. At any time prior to the deadline for submission of tenders, the Procuring

entity, for any reason, whether at its own initiative or in response to aclarification requested by a prospective Tenderer, may modify the tenderdocuments by amendment.

1.6.2. All prospective candidates who have received the tender documents will benotified of the amendment in writing or by cable, and such amendment will bebinding on them.

1.6.3. In order to allow prospective Tenderers reasonable time in which to take theamendment into account in preparing their tenders, the Procuring entity, at itsdiscretion, may extend the deadline for the submission of tenders.

1.7. Language of Tender1.7.1. The tender prepared by the Tenderer, as well as all correspondence and

documents relating to the tender exchanged by the Tenderer and the Procuringentity, shall be written in English language, provided that any printedliterature furnished by the Tenderer may be written in another languageprovided they are accompanied by an accurate English translation of therelevant passages in which case, for purposes of interpretation of the tender,the English translation shall govern.

1.8. Documents Comprising the Tender1.8.1. The tender prepared by the Tenderer shall comprise the following components:

(a) Tender Form and Price Schedule completed in accordance with

of 44

paragraph1. 9,1.10 and 1.11below;(b) documentary evidence established in accordance with paragraph 1.12

that the Tenderer is eligible to tender and is qualified to perform thecontract if its tender is accepted;

(c) documentary evidence established in accordance with paragraph 1.13that the materials and spares to be used by the Tenderer for the servicescontract conform to the tender documents; and

(d) tender security furnished is in accordance with paragraph 1.14;(e) Confidential Business Questionnaire.

1.9. Tender Form1.10.The Tenderer shall complete the Tender Form and the appropriate Price Schedule

furnished in the tender documents, indicating the services to be performed, a briefdescription of the materials and spares, their country of origin, quantity, and prices.

1.11. Tender Prices1.11.1. The Tenderer shall indicate on the appropriate Price Schedule the unit prices

and total tender price of the services it proposes to provide under the contract.1.11.2. Prices indicated on the Price Schedule shall be the cost of the services quoted

including all customs duties and VAT and other taxes payable:1.11.3. Prices quoted by the Tenderer shall be fixed during the Term of the contract

and not subject to variation on any account. A tender submitted with anadjustable price quotation will be treated as non-responsive and will berejected, pursuant to paragraph 1.22.

1.12. Tender Currencies1.12.1. Prices shall be quoted in the following currencies:

(a) For equipment that the Tenderer will supply from within Kenya, the pricesshall be quoted in Kenya Shillings; and

(b) For equipment that the Tenderer will supply from outside Kenya, theprices may be quoted in US Dollars or in another freely convertiblecurrency.

(c) Cost of installation and commissioning will be in Kenya Shillings.

of 44

1.13. Tenderers Eligibility and Qualifications.1.13.1. Pursuant to paragraph 1.1 of section C, the Tenderer shall furnish, as part of its

tender, documents establishing the Tenderers eligibility to tender and itsqualifications to perform the contract if its tender is accepted.

1.13.2. The documentary evidence of the Tenderers qualifications to perform the contract ifits tender is accepted shall establish to the Procuring entity’s satisfaction that theTenderer has the financial and technical capability necessary to perform the contract

1.14. Materials’ Eligibility Conformity to Tender Document.1.14.1. Pursuant paragraph 1.2 of this section, the Tenderer shall furnish, as part of its tender,

documents establishing the eligibility and conformity to the tender documents of allmaterials and spares which the Tenderer proposes to use under the contract.1.14.2. The documentary evidence of the eligibility of the materials and spares shall

consist of a statement in the PriceSchedule of the country of origin of the materials and spares offered whichshall be confirmed by a certificate of origin issued at the time of shipment.

1.14.3. The documentary evidence of conformity of the materials and spares to thetender documents may be in the form of literature, drawings, and data, andshall consist of:

a) A detailed description of the essential technical and performancecharacteristic of the equipment;

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

c) A clause-by-clause commentary on the Procuring entity’s TechnicalSpecifications demonstrating substantial responsiveness of the goods and serviceto those specifications, or a statement of deviations and exceptions to theprovisions of the Technical Specifications.

1.14.4. For purposes of the commentary to be furnished pursuant to paragraph 13.3(b)above, the Tenderer shall note that standards for workmanship, material, andequipment, as well as references to brand names or catalogue numbersdesignated by the Procurement entity in its Technical Specifications, areintended to be descriptive only and not restrictive. The Tenderer maysubstitute alternative standards, brand names, and/or catalogue numbers in itstender, provided that it demonstrates to the Procurement entity’s satisfactionthat the substitutions ensure substantial equivalence to those designated in theTechnical Specifications.

of 44

1.15.Tender Security1.15.1. The Tenderer shall furnish, as part of its tender, a tender security for the

amount specified in the Invitation to tender.

1.15.2. The tender security is required to protect the Procuring entity against the riskof Tenderer’s conduct which would warrant the security’s forfeiture, pursuantto paragraph 1.14.7

1.15.3. The tender security shall be denominated in Kenya Shillings or in anotherfreely convertible currency, and shall be in the form of a bank guarantee or abank draft issued by a reputable bank located in Kenya or abroad, in the formprovided in the tender documents or another form acceptable to the Procuringentity and valid for thirty (30) days beyond the validity of the tender.

1.15.4. Any tender not secured in accordance with paragraph 1.14.1 and 1.14.3 will berejected by the Procuring entity as nonresponsive, pursuant to paragraph 1.22.

1.15.5. Unsuccessful Tenderer’s tender security will be discharged or returned aspromptly as possible as but not later than thirty (30) days after the expirationof the period of tender validity prescribed by the Procuring entity.

1.15.6. The successful Tenderer’s tender security will be discharged upon the tenderersigning the contract, pursuant to paragraph 1.30, and furnishing theperformance security, pursuant to paragraph 1.31.

1.15.7. The tender security may be forfeited:

a) If a Tenderer withdraws its tender during the period of tender validityspecified by the procuring entity on the Tender Form; or

b) in the case of a successful Tenderer, if the Tenderer fails:i) to sign the contract in accordance with paragraph 1.30

orii) to furnish performance security in accordance with paragraph

1.31c) If the Tenderer rejects correction of an arithmetic error in the tender.

1.16. Validity of Tenders1.16.1. Tenders shall remain valid for 120 days or as specified in the tender

documents after date of tender opening prescribed by the Procuring entity,pursuant to paragraph 1.18. A tender valid for a shorter period shall berejected by the Procuring entity as nonresponsive.

1.16.2. In exceptional circumstances, the Procuring entity may solicit the Tenderer’sconsent to an extension of the period of validity. The request and theresponses thereto shall be made in writing. The tender security provided underparagraph 1.14 shall also be suitably extended. A Tenderer may refuse the

of 44

request without forfeiting its tender security. A Tenderer granting the requestwill not be required nor permitted to modify its tender.

1.17. Format and Signing of Tender1.17.1. The Tenderer shall prepare two copies of the tender, clearly marking each

“ORIGINAL TENDER” and “COPY OF TENDER,” as appropriate. In theevent of any discrepancy between them, the original shall govern.

1.17.2. The original and all copies of the tender shall be typed or written in indelibleink and shall be signed by the Tenderer or a person or persons duly authorizedto bind the Tenderer to the contract. The latter authorization shall be indicatedby written power-of-attorney accompanying the tender. All pages of thetender, except for un-amended printed literature, shall be initialled by theperson or persons signing the tender.

1.17.3. The tender shall have no interlineations, erasures, or overwriting except asnecessary to correct errors made by the Tenderer, in which case suchcorrections shall be initialled by the person or persons signing the tende

1.18.Sealing and Marking of Tenders1.18.1. The Tenderer shall seal the original and each copy of the tender in separate

envelopes, duly marking the envelopes as “ORIGINAL” and “COPY.” Theenvelopes shall then be sealed in an outer envelope.

1.18.2. The inner and outer envelopes shall :(a) be addressed to the Procuring entity at the following address:

PRINCIPAL SECRETARY,MINISTRY OF ENVIRONMENT ANDMINERAL RESOURCESP.O. Box 30126 – 00100 GPO,NAIROBI.

(b) Bear: TENDER: MEWNR/T/20/2013-2014 - Supply, delivery,installation and commissioning of Fixed Pollution MonitoringStations and the words: “DO NOT OPEN BEFORE,” 8th

NOVEMBER 2013 at 10.00 AM.

1.18.3. The inner envelopes shall also indicate the name and address of the Tenderer toenable the tender to be returned unopened in case it is declared “late” orunsuccessful at the Technical Evaluation stage.

1.18.4. If the outer envelope is not sealed and marked as required by paragraph 17.2,the Procuring entity will assume no responsibility for the tender’s misplacementor premature opening.

1.19. Deadline for Submission of Tenders

of 44

1.19.1. Tenders must be received by the Procuring entity at the address specified underparagraph 15.2 no later than 8th NOVEMBER 2013.

1.19.2. The Procuring entity may, at its discretion, extend this deadline for the submission oftenders by amending the tender documents in accordance with paragraph 1.6, in whichcase all rights and obligations of the Procuring entity and candidates previously subjectto the deadline will thereafter be subject to the deadline as extended.

1.20. Modification and Withdrawal of Tenders1.20.1. The Tenderer may modify or withdraw its tender after the tender’s submission,

provided that written notice of the modification, including substitution orwithdrawal of the tenders, is received by the Procuring prior to the deadlineprescribed for submission of tenders.

1.20.2. The Tenderer’s modification or withdrawal notice shall be prepared, sealed, marked,and dispatched in accordance with the provisions of paragraph 1.17. A withdrawalnotice may also be sent by cable, but followed by a signed confirmation copy,postmarked not later than the deadline for submission of tenders.1.20.3. No tender may be modified after the deadline for submission of tenders.

1.20.4. No tender may be withdrawn in the interval between the deadline forsubmission of tenders and the expiration of the period of tender validityspecified by the Tenderer on the Tender Form. Withdrawal of a tender duringthis interval may result in the Tenderer’s forfeiture of its tender security,pursuant to paragraph 1.14.7.

1.21.Preliminary Examination1.21.1. The Procuring entity will examine the tenders to determine whether they are

complete, whether required sureties have been furnished, whether thedocuments have been properly signed, whether there is statutory complianceand whether the tenders are generally in order.

1.21.2. Arithmetical errors will be rectified on the following basis. If there is adiscrepancy between the unit price and the total price that is obtained bymultiplying the unit price and quantity, the unit price shall prevail, and the totalprice shall be corrected. If the candidate does not accept the correction of theerrors, its tender will be rejected, and its tender security may be forfeited. Ifthere is a discrepancy between words and figures the amount in words willprevail

1.21.3. The Procuring entity may waive any minor informality or non-conformity orirregularity in a tender which does not constitute a material deviation, providedsuch waiver does not prejudice or affect the relative ranking of any Tenderer.

1.22.Tenderer’s Responsiveness1.22.1. Prior to the detailed evaluation, pursuant to paragraph 1.21, the Procuring entity

will determine the substantial responsiveness of each tender to the tenderdocuments. For purposes of these paragraphs, a substantially responsive tenderis one which conforms to all the terms and conditions of the tender documents

of 44

without material deviations. The Procuring entity’s determination of a tender’sresponsiveness is to be based on the contents of the tender itself withoutrecourse to extrinsic evidence.

1.22.2. If a tender is not substantially responsive, it will be rejected by the Procuringentity and may not subsequently be made responsive by the Tenderer bycorrection of the non-conformity.

1.23.Opening and Evaluation of Tenders1.23.1. The Procuring entity will evaluate and compare the tenders which have been

determined to be substantially responsive, pursuant to paragraph 1.21.1.23.2. In addition, the bidders will be evaluated on the following:-

a) Bid securityb) Evidence of dealershipc) Payment terms including credit periodd) Financial capacitye) Past performance

1.23.3. The comparison shall be of the price to include all costs, as well as duties andtaxes payable on all the materials to be used in the provision of the services.

1.23.4. The Procuring entity’s evaluation of a tender will take into account, in addition tothe Tender price, the following factors, in the manner and to the extend indicatedin Paragraph 1.22.2 and in the technical specifications:-

a) Operational plan proposed in the tender;b) Payment schedule;

1.23.5. Pursuant to paragraph 1.23.1 the following evaluation methods will be applied:a) Operational Plan

(i) The Procuring entity requires that the services under theInvitation for Tenders shall be performed at the timespecified in the Schedule of requirements. A tenderoffering to perform longer than the procuring entity’srequired delivery time will be treated as non-responsive andrejected.

b) Payment ScheduleTenderers shall state their tender price and terms for the payment.Tenderers will be evaluated on the basis of this base price.

1.24.Contacting the Procuring entity1.24.1. Subject to paragraph 1.19, no Tenderer shall contact the Procuring entity on any

matter relating to its tender, from the time of the tender opening to the time thecontract is awarded.

1.24.2. Any effort by a Tenderer to influence the Procuring entity in its decisions ontender evaluation, tender comparison, or contract award may result in therejection of the Tenderer’s tender.

1.25.Award of Contract(a)Post-qualification

1.25.1. In the absence of pre-qualification, the Procuring entity will determine to its

of 44

satisfaction whether the Tenderer that is selected as having submitted the lowestevaluated responsive tender is qualified to perform the contract satisfactorily.

1.25.2. The determination will take into account the Tenderer financial and technicalcapabilities. It will be based upon an examination of the documentary evidenceof the Tenderers qualifications submitted by the Tenderer, pursuant to paragraph12.3, as well as such other information as the Procuring entity deems necessaryand appropriate.

1.25.3. An affirmative determination will be a prerequisite for award of the contract tothe Tenderer. A negative determination will result in rejection of the Tenderer’stender, in which event the Procuring entity will proceed to the next lowestevaluated tender to make a similar determination of that Tenderer’s capabilities toperform satisfactorily.

1.26. Award Criteria1.26.1. Subject to paragraph 1.10,1.23 and 1.28 the Procuring entity will award the contract tothe successful Tenderer whose tender has been determined to be substantially responsive andhas been determined to be the lowest evaluated tender, provided further that the Tenderer isdetermined to be qualified to perform the contract satisfactorily.

1.27. Evaluation criteria1.27.1. Preliminary or Administrative Compliance Examination (Mandatory to proceed

for further evaluation)1.27.2. Technical Evaluation – (75% of total marks) Bidders who obtain 75% score and

above at the Technical stage shall proceed to financial evaluation Stage.1.27.3. Financial and Commercial Evaluation - lowest evaluated bidder (25 % of total

marks)1.27.4. MANDATORY REQUIREMENTS:

oCertificate of Incorporation/RegistrationoTax compliance certificateoPIN and VAT certificatesoTender security equivalent to 2% of the total Bid Amount in form of

Bankers cheque or Bank guarantee, and should be valid for (30)Thirty days beyond the tender validity period.

oThe tender shall remain valid for a period of One hundred and Eighty(180) days from the date of opening.

oTenderers MUST provide Manufacturers Authorization for the productquoted for.

oThe equipment should meet EU, KEBS standards with proof of ISOstandardization.

o1.27.5. TECHNICAL REQUIREMENTS

The product offered MUST conform to the tender technical specifications1.27.6. FINANCIAL AND COMMERCIAL EVALUATION

The formulae for determining the Financial Score (Sf) shall, be asfollows:-Sf = 100 X FM/F where Sf is the financial score; Fm is the lowest

of 44

priced financial tender and F is the price of the tender underconsideration. Tenders will be ranked according to their combinedtechnical (St) and financial (Sf) scores using the weights (T=theweight given to the Technical Proposal: P = the weight given to theFinancial Proposal; T + p = I). The combined technical andfinancial score, S, is calculated as follows:- S = St x T % + Sf x P %.Commercial evaluation will be based on the formula given. Thiswill attract a maximum of 25% marks.

1.28.Procuring entity’s Right to Vary quantities1.28.1. The Procuring entity reserves the right at the time of contract award to increase or

decrease the quantity of services originally specified in the Schedule ofrequirements without any change in unit price or other terms and conditions.

1.29.Procuring entity’s Right to Accept or Reject Any or All Tenders

1.29.1. The Procuring entity reserves the right to accept or reject any tender, and to annulthe tendering process and reject all tenders at any time prior to contract award,without thereby incurring any liability to the affected Tenderer or Tenderers orany obligation to inform the affected Tenderer or Tenderers of the grounds for theProcuring entity’s action.

1.30.Notification of Award1.30.1. Prior to the expiration of the period of tender validity, the Procuring entity will

notify the successful Tenderer in writing that its tender has been accepted.

1.30.2. The notification of award will constitute the formation of the Contract.

1.30.3. Upon the successful Tenderer’s furnishing of the performance security pursuantto paragraph 1.31, the Procuring entity will promptly notify each unsuccessfulTenderer and will discharge its tender security, pursuant to paragraph 1.14.

1.31.Signing of Contract1.31.1. At the same time as the Procuring entity notifies the successful Tenderer that its

tender has been accepted, the Procuring entity will send the Tenderer the ContractForm provided in the tender documents, incorporating all agreements between theparties.

1.31.2. Within thirty (30) days of receipt of the Contract Form, the successful Tenderershall sign and date the contract and return it to the Procuring entity.

1.32.Performance Security1.32.1. Within thirty (30) days of the receipt of notification of award from the Procuring

entity, the successful Tenderer shall furnish the performance security inaccordance with the Conditions of Contract, in the Performance Security Form

of 44

provided in the tender documents, or in another form acceptable to the Procuringentity.

1.32.2. Failure of the successful Tenderer to comply with the requirement of paragraph1.30 or paragraph 1.31 shall constitute sufficient grounds for the annulment of theaward and forfeiture of the tender security, in which event the Procuring entitymay make the award to the next lowest evaluated Candidate or call for newtenders.

1.33.Corrupt Fraudulent Practices1.33.1. The Procuring entity requires that Tenderers observe the highest standard of

ethics during the procurement process and execution of contracts. In pursuance ofthis policy, the Procuring entity:-

(a) defines, for the purposes of this provision, the terms set forth below asfollows:

(i) “corrupt practice” means the offering, giving, receiving orsoliciting of anything of value to influence the action of a publicofficial in the procurement process or in contract execution; and

(ii) “fraudulent practice” means a misrepresentation of facts in orderto influence a procurement process or the execution of a contractto the detriment of the Procuring entity, and includes collusivepractice among Tenderer (prior to or after tender submission)designed to establish tender prices at artificial non-competitivelevels and to deprive the Procuring entity of the benefits of freeand open competition;

(b) will reject a proposal for award if it determines that the Tendererrecommended for award has engaged in corrupt or fraudulent practicesin competing for the contract in question;

(c) will declare a firm ineligible, either indefinitely or for a stated period oftime, to be awarded any contract if it at any time determines that thefirm has engaged in corrupt or fraudulent practices in competing for, orin executing, a contract.

1.33.2. Furthermore, Tenderers shall be aware of the provision stated in the GeneralConditions of Contract.

of 44

2. SECTION D –GENERAL CONDITIONS OF CONTRACT

2.1. Definitions2.1.1. In this Contract, the following terms shall be interpreted as indicated:

(a) “The Contract” means the agreement entered into between the Procuringentity and the Tenderer, as recorded in the Contract Form signed by theparties, including all attachments and appendices thereto and alldocuments incorporated by reference therein.

(b) “The Contract Price” means the price payable to the Tenderer under theContract for the full and proper performance of its contractualobligations.

(c) “The services” means services to be provided by the Tenderer includingmaterials and spare parts which the Tenderer is required to provide to theProcuring entity under the Contract.

(d) “The Procuring entity” means the organization sourcing for the servicesunder this Contract.

(e) “The Tenderer” means the individual or firm providing the servicesunder this Contract.

2.2. Application

2.2.1. In this Contract, the following terms shall be interpreted as indicated:2.2.2. These General Conditions shall apply in all Contracts made by the Procuring

entity for the procurement of services.

2.3. Country of Origin2.3.1. For purposes of this Clause, “origin” means the place where the consumable

materials and spares used for the provision of services were mined, grown, orproduced.

2.3.2. The origin of Materials is distinct from the nationality of the Tenderer.

2.4. Standards2.4.1. The services provided under this Contract shall conform to the standards

mentioned in the Technical Specifications.

2.5. Use of Contract Documents and Information2.5.1. The Candidate shall not, without the Procuring entity’s prior written consent,

disclose the Contract, or any provision thereof, or any specification, plan,drawing, pattern, sample, or information furnished by or on behalf of theProcuring entity in connection therewith, to any person other than a person

of 44

employed by the Tenderer in the performance of the Contract.

2.5.2. The Tenderer shall not, without the Procuring entity’s prior written consent,make use of any document or information enumerated in paragraph 5.1 above.

2.5.3. Any document, other than the Contract itself, enumerated in paragraph 1.5.1shall remain the property of the Procuring entity and shall be returned (allcopies) to the Procuring entity on completion of the Tenderer’s performanceunder the Contract if so required by the Procuring entity.

2.6. Patent Rights2.6.1. The Tenderer shall indemnify the Procuring entity against all third-party claims

of infringement of patent, trademark, or industrial design rights arising from useof the services or any part thereof in the Procuring entity’s country.

2.7. Performance Security2.7.1. Within thirty (30) days of receipt of the notification of Contract award, the

successful Tenderer shall furnish to the Procuring entity the performancesecurity in the amount specified in Special Conditions of Contract.

2.7.2. The proceeds of the performance security shall be payable to the Procuringentity as compensation for any loss resulting from the Tenderer’s failure tocomplete its obligations under the Contract.

2.7.3. The performance security shall be denominated in the currency of the Contract,or in a freely convertible currency acceptable to the Procuring entity and shallbe in the form of a bank guarantee or an irrevocable letter of credit issued by areputable bank located in Kenya or abroad, acceptable to the Procuring entity,in the form provided in the tender documents.

2.7.4. The performance security will be discharged by the Procuring entity andreturned to the Candidate not later than thirty (30) days following the date ofcompletion of the Tenderer’s performance obligations under the Contract,including any warranty obligations, under the Contract.

2.8. Inspection and Tests2.8.1. The Procuring entity or its representative shall have the right to inspect and/or

to test the services to confirm their conformity to the Contract specifications.The Procuring entity shall notify the Tenderer in writing, in a timely manner, ofthe identity of any representatives retained for these purposes.

2.8.2. The inspections and tests may be conducted on the premises of the Tenderer orits subcontractor(s). If conducted on the premises of the Tenderer or its

of 44

subcontractor(s), all reasonable facilities and assistance, including access todrawings and production data, shall be furnished to the inspectors at no chargeto the Procuring entity.

2.8.3. Should any inspected or tested services fail to conform to the Specifications, theProcuring entity may reject the services, and the Tenderer shall either replacethe rejected services or make alterations necessary to meet specificationrequirements free of cost to the Procuring entity.

2.8.4. Nothing in paragraph 2.8 shall in any way release the Tenderer from anywarranty or other obligations under this Contract.

2.9. Payment

2.9.1. The method and conditions of payment to be made to the Tenderer under thisContract shall be specified in Special Conditions of Contract.

2.9.2. Payments shall be made promptly by the Procuring entity as specified in thecontract.

2.10. Prices2.10.1. Prices charged by the Tenderer for Services performed under the Contract shall

not, with the exception of any price adjustments authorized in SpecialConditions of Contract, vary from the prices by the Tenderer in its tender.

2.10.2. AssignmentThe Tenderer shall not assign, in whole or in part, its obligations to performunder this Contract, except with the Procuring entity’s prior written consent.

2.10.3. SubcontractsThe Tenderer shall notify the Procuring entity in writing of all subcontractsawarded under this Contract if not already specified in the tender. Suchnotification, in the original tender or later, shall not relieve the Tenderer fromany liability or obligation under the Contract.

2.11. Termination for Default

2.11.1. The Procuring entity may, without prejudice to any other remedy for breach ofContract, by written notice of default sent to the Tenderer, terminate thisContract in whole or in part:

(a) If the Tenderer fails to provide any or all of the services within theperiod(s) specified in the Contract, or within any extension thereofgranted by the Procuring entity.

(b) If the Tenderer fails to perform any other obligation(s) under theContract.

(c) If the Tenderer, in the judgment of the Procuring entity has engaged incorrupt or fraudulent practices in competing for or in executing the

of 44

Contract.2.11.2. 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,services similar to those undelivered, and the Tenderer shall be liable to theProcuring entity for any excess costs for such similar services.

2.12. Liquidated Damages2.12.1. If the Tenderer fails to provide any or all of the services within the period(s)

specified in the contract, the procuring entity shall, without prejudice to its otherremedies under the contract, deduct from the contract prices liquidated damagessum equivalent to 0.5% of the price of the unperformed services up to amaximum deduction of 10% of the unperformed services. After this theprocuring entity may consider termination of the contract.

2.13. Resolution of Disputes2.13.1. The procuring entity and the Tenderer shall make every effort to resolve

amicably by direct informal negotiation any disagreement or dispute arisingbetween them under or in connection with the Contract.

2.13.2. If, after thirty (30) days from the commencement of such informal negotiationsboth parties have been unable to resolve amicably a contract dispute theprovisions of the Arbitration Act of the Laws of Kenya shall apply.

2.14. Language and Law2.14.1. The language of the contract and the law governing the contract shall be

English language and the Laws of Kenya respectively unless otherwise stated.

2.15. Force Majeure2.15.1. The Tenderer shall not be liable for forfeiture of its performance security, or

termination for default if and to the extent that it’s delay in performance orother failure to perform its obligations under the Contract is the result of anevent of Force Majeure.

of 44

3. SECTION E - SPECIAL CONDITIONS OF CONTRACT3.1. 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.

a) Prices quoted must be net, inclusive of all Government Taxes, civil works,factory acceptance tests, Training Costs, Site acceptance Tests, spare parts anddelivery, Installation and commissioning costs to the site identified by the KenyaMeteorological Department..

b) The unit prices quoted must be in Kenya Shillings or another freely convertiblecurrency e.g. US Dollar.

c) No tender document will be accepted after the official closing date/time asspecified in the tender notice.

d) Tenderers are required to attach certificates of Registration/Incorporation plusTax compliance certificate/VAT to tender documents.

e) Form of Tender, Price Schedule and Schedule of Requirements should be dulyfilled, signed and stamped.

f) The bidders must indicate their payment terms including the credit period.g) Bidders mustprovide evidence of financial capability to execute the contract

from the bank.h) Bidders must attach a brochure to accompany their bids.i) Successful bidders shall provide a performance bond equivalent to 10% of the bid

price within (30) thirty days from notification of Award.j) All deliveries shall be verified against the approved Technical Specifications and

any deviations from the approved shall be rejected and contract cancelled.k) Bidders are required to submit a requirement for fast moving spare parts to form

part of their proposal for the bid.l) Where a Tenderer is not a manufacturer of the System, documentary

commitment of the manufacturer to supply the equipment and after-sale supportis necessary Manufacturer’s Authorization must be provided.

m) Bidders MUST provide (2) sealed envelopes containing the Technical andFinancial Proposals clearly marked as stipulated under section c, (17) of theGeneral conditions of Contract. The Financial Proposal should be submitted inthe format stipulated under section F (ii) i.e Price Schedule. The mandatoryrequirements must form part of the technical proposal. The bidders are invited tosubmit in different envelopes a Technical bid and a Financial bid for this tender

n) The Procuring entity has the discretion to subject this tender to the preferentialtreatment in compliance with the Government initiative to restrict 30% ofGovernment procurement opportunities for the youth, women and the disabled

of 44

3.2. WORK SCHEDULE AND GUARANTEESThe bidder shall provide information for work schedules and guarantees as givenbelow:

3.2.1. Period for Design and Configuration _____Days

3.2.2. Period of manufacture _________________Days

3.2.3. Period of Factory Acceptance Tests __________________________ Days

3.2.4. Period for Factory Training_________________________________ Days

3.2.5. Shipping Period (By Air) ___________________________________Days

3.2.6. Civil Works _____________________________________________ Days

3.2.7. Installation and On-Site Training for 5 sites___________________ Days

3.2.8. Training of operators at KMS HQS ________________________ Days

3.2.9. Testing, provisional acceptance and commissioning __________Days

3.2.10. The warranty period of the offered equipment shall be twelve (12) months fromthe date of commissioning. The warranty shall cover spares, transport cost,maintenance and repair performed both locally and at the factory

of 44

4. SECTION F - SCHEDULE OF REQUIREMENTS

4.1. Bidders will be expected to deliver within the period specified in the Bid documents. Thedepartment reserves the right to assess the bidders’ capability on the same.

4.2.SPECIFICATIONS FOR THE SUPPLY, DELIVERY, INSTALLATIONAND COMMISSIONING OF FIXED POLLUTION MONITORINGSTATIONS

4.2.1. Introduction

To meet the demands of monitoring air quality, weather emergencies, disaster preventionand mitigation, Kenya Meteorological Service (KMS) intends to install five (5) fixed airpollution monitoring stations. The station will be fully equipped to monitor air qualityand basic weather elements. The station should be capable of measuring the majorpollutant that is present in the atmosphere as well as well as meteorological parameters.

The five (5) stations should be equipped with calibration gases data logging system andcommunication equipment. It will continuously measures common air pollutants relatedto health effects, such as sulphur dioxide, nitrogen oxides, carbon monoxide, ozone,carbon dioxide and particulate matter (PM) with single data logger for all measurable ineach station with software included.

A full suite of meteorological parameters — including wind speed, wind direction,temperature, rainfall, radiation and humidity will be measured.

All the instruments and integral support products should be installed directly into stationduring the design and installation. All the necessary accessories should accompany theinstruments.

The equipment will be installed in a shelter that is fitted with necessary racks, tables,electrical power supply panel with fittings and must be equipped air conditioningequipment. The instruments of be powered by an electrical power (240 VAC) with optionof Solar power.

NOTE:Prices quoted must be net, inclusive of all Government Taxes, civil works, factoryacceptance tests, Training Costs, Site acceptance Tests, all spare parts, all accessories anddelivery, Installation site to be identified by the Kenya Meteorological Service.

of 44

4.2.2. System ComponentsThe System should incorporate analysers for measurement of Carbon dioxide (CO2),Carbon Monoxide (CO), Nitrogen dioxide (NO2), Sulfur Dioxide (SO2), Ozone (O3),Black carbon (soot) and suspended particulate matter

The system should include the following items:

A) Fabricated equipment shelter with modification to incorporate allinstruments.

B) Standard 19” air conditioned double bay instruments rackC) Meteorological Sensors with data acquisition systemD) External 220V Ac Power supply cable 100 MetersE) Sampling SystemF) Computer based data acquisition system with data logger, software

for data acquisition and processing, and Laptop

4.2.3. Meteorological sensors

The unit shall include meteorological sensors to measure wind speed, wind direction,

temperature, relative humidity, barometric pressure, rainfall, solar radiation and net

radiation.

4.2.4. Automatic Calibration

The air quality monitoring system should incorporate a state of the art diltion gas

calibrator, NIST or NATA traceable calibration gases and a high performance zero air

generator to calibrate all the analysers used. The data acquisition system should allow for

automatic calibration control at specific time so as to allow calibration within periods of

low expected pollution levels.

4.2.5. Enclosures

of 44

The Fixed pollution monitoring station should be installed in custom designed, air-fabricated shelter that is air-conditioned, insulated and provide for powering fromexternal 220V ac source.

of 44

ITEM DESCRIPTION QUANTITY

Equipment Shelter Aluminium exterior walls

Interior walls: reinforced fiberglass

Interior flooring: seamless vinyl flooring oraluminium tread plate or tile

Standard wall and ceiling insulation: R-17

Floor insulation (spray-in)

Roof access with collapsible roof railingand roof reinforcing for particulatesamplers

Customized sampling manifold systemsfrom glass and Pyrex® to PTFE

Mast for meteorological sensors

Electrical components: NEC compliant,customized to yourspecifications/application requirements

Variety of ductless HVAC system options,including energy efficient models

Door to door onsite delivery, offloadingand installation available

Full factory integration of most brands ofair quality monitoring instrumentation

Lightning protection;

Air conditioner

Instrument racks, rack systems; workbenches and tables; base and wall storagecabinets; signal cable boxes; remote dataacquisition systems, exhaust hoods, roofvents etc and provide full onsite technicalinstallation and initial systemcommissioning service.

Electrical sockets for computer/equipment

Two chairs

5

of 44

Black carbon Sensor Black carbon (soot) 0.1 to > 100µg/m3

Sensor at using combination opticalabsorption measurement at 880 nmelemental carbon (‘EC’) and 370 nm .

Should supply 10 tapes

5

OZONE ANALYZERPreset Ranges: 0-0.05, 0.1, 0.2, 0.5, 1, 2, 5, 10,20, 50,100 and 200 ppm0-0.1, 0.2, 1, 2, 5, 10, 20, 50, 100, 200 and 400mg/m3Custom Ranges 0-0.05 to 200 ppm0-0.1 to 400 mg/m3Zero Noise 0.25 ppb RMS (60 second averagingtime)Lower Detectable Limit 0.50 ppbZero Drift (24 hour) < 1.0 ppbSpan Drift <1% full scale per monthResponse Time 20 seconds (10 second lag time)Precision 1.0 ppbLinearity +/-1% full scaleSample Flow Rate 1-3 liters/min.Operating Temperature 20°C - 30°CPower Requirements 100 VAC, 115 VAC, 220-240 VAC +/-10% @ 150WSize and Weight 16.75”(W) x 8.62”(H) x 23”(D),55 lbs.425 mm (W) x 219 mm (H) x 584 mm (D), 25 kgOutputs Selectable Voltage, RS232/RS485,TCP/IP, 10 Status Relays, and Power FailIndication(Standard). 0-20 or 4-20 mA Isolated CurrentOutout (optional)Inputs 16 Digital Inputs (standard), 8 0-10vdcAnalog Inputs (optional)Approvals and Certifications US EPA EquivalentMethod: EQOA-0880-047MCerts Certified: MC070096/00EN14626: 936/21203248/13 ReportNF Certificate: 05/01

5

CO ANALYZER Preset Ranges 0-1, 2, 5, 10, 20, 50, 100, 200, 500,1000, 2000, 5000 and 10000 ppm0-1, 2, 5, 10, 20, 50, 100, 200, 500, 1000, 2000,5000 and 10000 mg/m3

5

of 44

Custom Ranges 0-1 to 10000 ppm0-1 to 10000 mg/m3Zero Noise 0.02 ppm RMS (60 second averagingtime)Lower Detectable Limit 0.04 ppmZero Drift (24 hour) < 0.1 ppmSpan Drift (24 hour) +/-1% full scaleResponse Time 60 seconds (30 second averagetime)Precision +/-0.1 ppmLinearity +/-1% full scale < 1000 ppm+/-2.5% full scale > 1000 ppmSample Flow Rate 0.5-2 liters/min.Operating Temperature 20OC - 30OCPower Requirements 100 vac, 115 vac, 220-240vac +/-10% @ 275WSize and Weight 16.75”(W) x 8.62”(H) x 23”(D),49 lbs. (22.2 kg)Outputs Selectable Voltage, RS232/RS485,TCP/IP, 10 Status Relays, and Power FailIndication (standard).0-20 or 4-20 mA Isolated Current Outout(optional)Inputs 16 Digital Inputs (standard), 8 0-10vdcAnalog Inputs

EnvironmentalParticulate matter AirMonitor

Quantifying off-site particulate migration• Surveying for PM10,PM2.5

• Monitoring dust generation during drilling andexcavation• Evaluating dust suppression and engineeringcontrols• Locating and identifying “ hot spots”• Emergency response and fugitive emissionscompliance• Determining level of respiratory protection• Survey of workplace for OSHA compliance• Evaluating worker exposure to airbornecontaminants• Dust collector/ ventilation system checks• Monitoring lung-damaging particles in factoriesand Buildings

Specification:Sensing range : 0.001 to 20 mg/ m3, 0.01 to 200

5

of 44

mg/ m3 ( optional)Particle size range : 0.1 to 100 ¼ mPrecision : ± 0.003 mg/ m3 ( 3 ¼ g/ m3)Accuracy : ± 10% to NIOSH Method 0500 usingSAE fine test dustSampling flow rate : 2.0 to 4.0 L/ minFilter cassette holder : 47 mmAlarm output : 90 db at 3 ftAnalogue output : 0 to 4 vdcRecording time : 1 sec. to 15 mosSampling rate : 1 sec., 10 sec., 1 min., 30 min.Data storage : Max. 21, 600 data pointsSecurity code : 4-digit combinationsMemory and time storage: > 10 yrData display : Concentration in mg/ m3 and TWA,MAX, MIN, STEL, DATE, and TimeDigital output : RS232Operating temperature: -10 to 50 CStorage temperature : -20 to 60 CPower : Rechargeable lead-acid batteryOperating time : e 24 hrsCharging time : 10 to 12 hrsDimensions ( case) : ( 15.2 x 35.6 x 25.4 cm)Weight : 12 lbs ( 5.4 kg)

SO2 ANALYZER

MeasurementRanges

Preset Ranges : 0-10, 20, 50, 100, 200, 500 and 1000ppb; 0-20, 50, 100,200, 500, 1000 and 2000µg/m3

Custom Ranges : 0-10 to 1000ppb; 0-20 to 2000 µg/m3

Flowrate 0.5 L/min.

Min. Detection Limit 0.05ppb (300 second averaging time)

Linearity ±1% of full scale

Precision 1% of reading or 0.2ppb (whichever is greater)

Interferences

(EPA levels): < lower detectable limit except for the following:

NO: Reads < 3ppb when tested at 500ppb

M-Xylene: Reads < 1ppb when tested at 200ppb

H2O: Reads < 2% of reading when tested at 2% H2O absolute

Zero Noise 0.025ppb RMS (300 second averaging time)

DriftZero Drift: <0.2ppb per day

Span Drift: ±1% of full scale

5

of 44

Response Time 80 seconds (10 second average time)

Input Output

Outputs: Selectable Voltage, RS232/RS485, TCP/IP, 10 Status Relays, andPower Fail Indication (standard).

0-20 or 4-20mA Isolated Current Output (optional)

Inputs: 16 Digital Inputs (standard), 8 0-10V Analog Inputs (optional)

Mounting Bench, EIA, retrofit

Power Requirements 100VAC, 115VAC, 220-240VAC ±10% @ 165W

Temperature Range[Operating]

Performance specifications based on operation within 20–30°C range (perU.S. EPA Guidelines). Instrument may be safely operated over the rangeof 0–45°C.

Dimensions D x W x H: 23 x 16.75 x 8.62 in. (584 x 425 x 219mm)

Weight 48 lb. (21.8kg)CARBON DIOXIDEANALYZER

Preset RangeHigh level: 0 to 0.5, 1, 2, 5, 10, 20, 25%; Standard: 0 to 200, 500, 1000,2000, 5000, and 10,000ppm

Minimum DetectableLimit

High level: 20ppm (300 second averaging time); Standard: 0.2ppm (300second averaging time)

Flowrate Sample flowrate: 1.0L/min.

Drift

Zero Drift (24 hour): High Level: ±40ppm; Standard: ±1.0ppm

Span Drift (24 hour): High Level: <2.0% reading 7-days; Standard: <0.5%reading - 24 hours <1% reading - 7 days

Linearity ± 1.5% of span (at concentrations of 10% to 100% of span)

Precision ±1.0% of reading

Response Time (90%of full scale)

90 seconds (30 second average time)

Zero NoiseHigh Level: 10 ppm RMS (60 second average time); Standard: 0.1 ppmRMS (300 second averaging time)

Input Output

Outputs

Standard/High: Selectable voltage, RS232/RS485, TCP/IP, 10 statusrelays, and power fail indication (standard). 0 to 20 or 4 to 20mA IsolatedCurrent Outout (optional)

Inputs

Standard/ High: 16 digital inputs (standard), 8 0 to 10VDC Analog Inputs(optional)

Power Requirements 240VAC, ±10% @ 275w

Operating 5° to 45°C (41° to 113°F)

5

of 44

Temperature Range

FeaturesKey Features:

Advanced NDIR technology User-selectable reporting capabilities Expanded ambient temperature operating

range High performance over a wider range of

concentrations Linearity through all ranges Ethernet connectivity for efficient

remote access Enhanced user interface with one button

programming and large display screen Flash memory for increased data storage

and user downloadable software

1. Voltage options:

A = 240VAC 50/60Hz

2. Internal zero / span:

Z = Internal zero / span valves

3. Filter Wheel Purge:

P = Filter wheel purge setup (Standard)

4. Sample Gas Concentration Range:

D = 0 to 10,000ppm Concentration Range(Standard)

5. Optional I/O:

A = No optional I/O (standard)

C = 0 to 20, 4 to 20mA Current output, 6Channels

0 - 10V Analog Input, 8 Channel

6. Mounting Hardware:

A = Bench mounting (standard)

Compliance: ETL, CSA, UL, CE

of 44

Ambient WeatherStation

Outdoor temperature range: -10°C to +65°CIndoor temperature range: 0°C to +50°CHumidity range: 10% to 99% (1% resolution)Wind speed: 0-200mphRainfall amount: 0 to 100mmMeasuring range air pressure: 8.85inHg –32.50inHg Resolution : 0.01 inHg

Features:One year Ambient Weather warrantyRainfall data (inches or 31ibreglass31): 1-hour,24-hour, oneweek,one month and total since lastreset.Wind chill and Dew point temperature display (°C)Records min. and max. wind chill and Dew pointwith time and date stampRecords wind speed as low as 2 mph (3 km/h) andas high as 150 mph (241 km/h)Wind speed (mph, m/s, km/h, knots,Displays rainfall and rain rateWind direction display with LCD compass

5 sets

NITROGENDIOXIDEANALYZER

Range: Min/max: Min=0-50ppbMeasurements Unit: PPB, PPB, µg/m3, mg/m3

Zero noise: ≤0.2ppb (RMS)Lower detectable limit: 0.4ppbZero drift (24 hrs): ≤0.5ppbZero drift (7 hrs):≤1 ppbLinearity:≤1% 0f full scalePrecision: ≤5% of readingSample flow rate: 500cm3/min +/- 10%Temperature range: 5-40Co operatingHumidity range: 0-95 % RH non condensingAC power rating: 100v, 50/60 Hv (3.25A)

115v, 60 Hv (3.0)220-240v 50/60 Hv (2.5A)

Environmental: Installation category (cover-voltage category) II; pollution degree 2Analog outputs: 4 outputsAnalog output ranges: All outputs 0.1v, 1v, 5v or10v (User selectable)Analog output resolution: 1 part in 4096 ofselectable full scale voltage (12 bit)Status outputs: 8 status outputs from up-toisolators , 7 defined ,1 spare

5

of 44

Control inputs: 6 control inputs , 4 defined , 2spare

Data logger Technical specifications of Data LoggerNo: of Channels Portable data logger of 30standard channels expandable to 60 channelsSampling rateHigh Sampling rate with 10milli second/sampleand averaging should bedone for each 2 minutesMaximum Input Voltage 100V AC/ DC maximumChannel to channel isolation Maximum of 300VAC/DCChannel to ground isolation Maximum voltage of100V DC or – 100V DCMeasuring ParametersDC Voltage, Temperature, Humidity, Resistance,ResistanceTemperature Detector (RTD)Pulse Totalisation MeasurementShould have 8 Pulse Inputs for measuring energyconsumption &cumulative flow & input signal should sharecommon groundSoftware should be supplied with the data loggerfor carrying out theMeasurements online.Pulse Revolution Measurement Should measurerotational irregularities of motors & drillsLogical Measurement Should record 1 or 0 foreach recording channelNoise suppressionShould have digital filter that reduces noise &50/60 Hz noise duringrecordingDisplay Should have larger TFT LCD display of5’ inchesSize Should be handheld & portableChannel expanding Should be able to add twoadditional 15 inputs channelAlarm output Logger should output a signal whenalarm criteria are satisfiedReal time processing functionsThe Logger should come with functions forprocessing betweenchannels. Data processed in real-time should be

5

of 44

displayed in graphicalform.Data transfer & MonitoringShould have USB & LAN interfacing & shouldhave HTTP server & FTPserver for remote data monitoring & transferringStorage devices CF card of Max 2 GB should beprovidedPC AnalysisSoftware should be provided for PC analysis &output PC data to aprinterPower Supply AC 230V supply & should beBattery operated.Input Module SpecificationsNumber of input channels15 channels (input type selectable from voltage,thermocouple, humidity,for each channel), M3 screw terminals (2terminals per channel)Isolated from each other channels and fromchassisMeasurement parameterVoltage, Temperature(0 to 100 OC) withthermocouples (K, J, E, T, N, R,S, B, W)Input conditionsInput resistance: 1 MΩ (at voltage/ thermocouplemeasurement)Max. rated voltage betweenisolated input channelsMax. rating: ±100 V DC (max. voltage betweeninput terminals withoutdamage)250 V DC (max. voltage between inputchannel terminals)Max. rated voltage from isolated300 V AC, DC (max. voltage from terminals tochassis ground withoutdamage)

CALIBRATIONGASES ANDREGULATORS

20ppm CO, balance air450ppb SO2 balance air450ppb NO2 balance nitrogenAll cylinders are in L50 sizeRegulators for above gases-2Xxa2453 stainless steel BS14 for NO2 and SO2

of 44

-3Xxa2454 Brass BS4 for CO

DESKTOPCOMPUTERS CPU: Intel Core i7 Processor min 3.0 GHz

Memory: 8 GBHard drive: 2x1TB SATA HDDOther features Minimum 3 USB ports, built inEthernetVideo: Built in graphics acceleratorMonitor: 19" monitor.Optical drive: DVD+/-RWOperating system: Windows 7 ProfessionalUPS: 10KVAWarranty: 3 yearsSoftware s for data acquisition, processing andstorage must be supplied and installed on thecomputers including permanent licenses

10

LaptopProcessor and Memory Specifications

Intel core i7 3.0 GHz 8 GB RAM. Hard drive: 2TB HDD 15” display Operating system: Windows 7 Home

Premium Microsoft office 2010 or latest Antivirus software.

5

Factory Acceptance3 days Factory acceptance for Three (3)technical/senior staff from KMS (include airfareand subsistence allowances)

LOT

Factory training 4 days factory training for technicians andoperators (3 members of staff)

LOT

of 44

Section H: Tender Form and Price Schedules

(i) Form of TenderDate: ----------------------, 2013

Tender No: MEWNR/ T/20/2013-2014To: ……………………………………………….……………………………………………………[Name and address of procuring entity]

Gentlemen and/or Ladies:(ii) Having examined the tender documents including Addenda

Nos.…………………………….. [Insert numbers],

The receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply anddeliver…………………………………………………………….………………………………[Description of materials and spares]In conformity with the said tender documents for the sum of……………………………..[Total tender amount in words and figures]or such other sums as may be ascertained in accordance with the Schedule of Prices attachedherewith and made part of this Tender.2. We undertake, if our Tender is accepted, to deliver the materials and spares in accordance withthe 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 equivalent to _____percent of the Contract Price for the due performance of the Contract, in the form prescribed by…………………………………………………………( Procuring entity).4. We agree to abide by this Tender for a period of…..[number] days from the date fixed fortender 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. Until a formal Contract is prepared and executed, this Tender, together with your writtenacceptance thereof and your notification of award, shall constitute a binding Contract betweenus.

(iii) 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 and on behalf of

Name of Tenderer Tender Number .

of 44

(ii)PRICE SCHEDULE FOR SUPPLY, DELIVERY, INSTALLATION ANDCOMMISSIONING OF FIXED POLLUTION MONITORING STATION

ITEM DESCRIPTION UNIT QTY UnitCost(Ksh)

TotalCost(Ksh)

Day todeliver

Brand/Model

Countryof origin

FABRICATEDEQUIPMENT SHELTERS

No 5

OZONE ANALYZER No. 5BLACK CARBON 5CARBONMONOXIDEANALYZER

No. 5

ENVIRONNEMENTALPARTICULATE MATTERAIR MONITOR

No. 5

SULPHUR DIOXIDEANALYZER

No 5

CARBON DIOXIDEANALYZER

No 5

NITROGEN DIOXIDEANALYZER

No 5

DATA LOGGERS No 5AMBIENT WEATHERSTATION

Set 5

CALIBRATION/REGULATORS SYSTEM

Set 5

DESKTOP COMPUTERS No. 10

LAPTOPS No 5FACTORY TRAINING LOT 1FACTORY ACCEPTANCE LOT 1

WarrantyThe equipment must be guaranteed for one year after installation. Any defects/faults detectedduring the warranty period shall be rectified free of charge by replacing the faulty equipment,software or parts where necessary and any software upgrades during the warranty period shall besupplied free of charge.Supply of spare parts and ConsumablesThe supply of spare parts and consumables must be guaranteed for at least 10 years after thesupply of the equipment.

of 44

Signature ……………………………………

Stamp of Tenderer……………………………

Date:…………………………………………

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

Section I: Tender Security Form

Whereas………………………………………. [Name of the Tenderer](Hereinafter called “the Tenderer”) has submitted its tender dated ……………….. [Date ofsubmission of tender] for the supply of………. ………………………………….[Name and/or description of the materials and spares](Hereinafter called “the Tender”)………….………………………………………………….KNOW ALL PEOPLE by these presents that WE…….………………………………………Of…………………………………………………….. Having our registered office 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 the said Procuring entity, the Bank binds itself,its successors, and assigns by these presents. Sealed with the Common Seal of the said Bank this_____ day of _________20____.

THE CONDITIONS of this obligation are:

1. If the Tenderer withdraws its Tender during the period of tender validity specified by theTenderer on the Tender Form; or

2. If the Tenderer, having been notified of the acceptance of its Tender by the Procuring entityduring 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;

of 44

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 inits demand 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 or conditions.

This guarantee will remain in force up to and including thirty (30) days after the period of tendervalidity, and any demand in respect thereof should reach the Bank not later than the above date.

[Signature of the bank]…………………………………………………………………

of 44

Section J: Contract Form

THIS AGREEMENT made the _____ day of __________ 20_____ between…………. [name ofProcurement entity) of……………… [Country of Procurement entity] (Hereinafter called “theProcuring entity”) of the one part and………………………… [Name of Tenderer] of………….[City and country of Tenderer] (Hereinafter called “the Tenderer”) of the other part:

WHEREAS the Procuring entity invited tenders for Supply of Monitoring Tools, viz.[Briefdescription of materials and spares] and has accepted a tender by the Tenderer for the supply ofthose materials and spares in the sum of…………………………………………………[Contract price in words 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 arerespectively assigned to them in the Conditions of Contract referred to.

2. The following documents shall be deemed to form and be read and construed as part ofthis Agreement, viz.:

(a) the Tender Form and the Price Schedule submitted by the Tenderer;(b) the Schedule of Requirements;(c) the Technical Specifications;(d) the General Conditions of Contract;(e) the Special Conditions of Contract; and

(f) the Procuring entity’s Notification of Award.

3. In consideration of the payments to be made by the Procuring entity to the Tenderer ashereinafter mentioned, the Tenderer hereby covenants with the Procuring entity toprovide the Printing of Monitoring Tools and to remedy defects therein in conformity inall respects with the provisions of the Contract

4. The Procuring entity hereby covenants to pay the Tenderer in consideration of theprovision of the Printing of Monitoring Tools and the remedying of defects therein, theContract Price or such other sum as may become payable under the provisions of thecontract at the times and in the manner prescribed by the contract.

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

Signed, sealed, delivered by the ________ (for the Procuring entity)

Signed, sealed, delivered by the (for theTenderer) in the presence of______________

of 44

Section K: Performance Security Form

To: …………………….[Name of procuring entity]

WHEREAS ………………………………….….. …………………….[Name of Tenderer](Hereinafter called “the Tenderer”) has undertaken, in pursuance of Contract No.____________[reference number of the contract] dated ____________ 20_____ to provide the Supply ofMonitoring Tools……………………………………………..…………………………………………….[Description of works] (Hereinafter called “the Contract”).

AND WHEREAS it has been stipulated by you in the said Contract that the Tenderer shallfurnish you with a bank guarantee by a reputable bank for the sum specified therein as securityfor compliance with the Tenderer’s performance obligations in accordance with the Contract.

AND WHEREAS we have agreed to give the Tenderer a guarantee:

THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of theTenderer, up to a total of……………………………………………………………[amount of the guarantee in words and figures], and we undertake to pay you, upon your firstwritten demand declaring the Tenderer to be in default under the Contract and without cavil orargument, any sum or sums within the limits of……………………………………[Amount of guarantee] as aforesaid, without your needing to prove or to show grounds orreasons for your demand or the sum specified therein.

This guarantee is valid until the _____ day of __________20_____.

Signature and seal of the Guarantors

[Name of bank or financial institution]

[Address]

[Date]

of 44

Section L: Bank Guarantee for Advance Payment

To: ………………………………………………………………[Name of procuring entity]

[Name of tender]……………………………………………………...

Gentlemen and/or Ladies:

In accordance with the payment provision included in the Special Conditions of Contract, whichamends the General Conditions of Contract to provide for advancepayment,……..……………………………………………………[Name and address of Tenderer] (hereinafter called “the Tenderer”) shall deposit with theProcuring entity a bank guarantee to guarantee its proper and faithful performance under the saidClause of the Contract in an amount of………………………………………………………..[Amount of guarantee in figures and words].

We, the…………………………………………………………[bank or financial institution], as instructed by the Tenderer, agree unconditionally andirrevocably to guarantee as primary obligator and not as surety merely, the payment to theProcuring entity on its first demand without whatsoever right of objection on our part andwithout its first claim to the Tenderer, in the amount not exceeding…………………………………..[Amount of guarantee in figures and words].

We further agree that no change or addition to or other modification of the terms of the Contractto be performed there under or of any of the Contract documents which may be made betweenthe Procuring entity and the Tenderer, shall in any way release us from any liability under thisguarantee, and we hereby waive notice of any such change, addition, or modification.

This guarantee shall remain valid and in full effect from the date of the advance paymentreceived by the Tenderer under the Contract until …………………………… [Date].

Yours truly,

Signature and seal of the Guarantors

[Name of bank or financial institution]…………………………….

[Address]……………………………………………..

[Date]……………………………………………………

of 44

Section M: Manufacturer’s Authorization Form

To: [name of the Procuring entity]………………………..

WHEREAS ………………………………………………………………………………….[Name of the Manufacturer]Who are established and reputable manufacturers of………………………………………….[name and/or description of the materials and spares]having factories at………………………………………………………………………….[Address of factory]Do hereby authorize…………………………………………………………………………….[Name and address of Agent]To submit a tender, and subsequently negotiate and sign the Contract with you against tenderNo..................................................................................................................................[Reference of the Tender]For the above materials and spares manufactured by us.

We hereby extend our full guarantee and warranty as per the General Conditions of Contract forthe materials and spares offered for supply by the above firm against this Invitation for Tenders.

……………………………………………………[Signature for and on behalf of Manufacturer]

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

of 44

MINISTRY OF ENVIRONMENT, WATER AND NATURAL RESOURCESCONFIDENTIAL BUSINESS QUESTIONNAIRE FORM

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

You are advised that it is a serious offence to give false information on this formPart 1 – General:Business Name…………………………………………………………………………………………………Location of business premises.…………………………………………………………………………………Plot No………………………………………………… Street/Road…………………………………………..Postal Address ……………………….. Tel No. …………………. Fax ………………. Email …………….Nature of Business……………………………………………………………………………………………..Registration Certificate No.…………………………………………………………………………………Maximum value of business which you can handle at any one time – Kshs.…………………………………

Name of your bankers ……………………………………….. Branch………………………………………

Part 2 (a) – Sole ProprietorYour name in full ……………………………………………………..Age………………………..Nationality ………………………………… Country of origin…………………………………….

Citizenship details…………………………………………………………………………………….

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

Name Nationality CitizenshipDetails Shares

1. ………………………………………………………………………………………2. ………………………………………………………………………………………3. ………………………………………………………………………………………..

of 44

4. ………………………………………………………………………………………..

Part 2 (c ) – Registered CompanyPrivate or Public……………………………………………………………………………………….State the nominal and issued capital of company-

Nominal Kshs. ………………………………Issued Kshs. …………………………………

Given details of all directors as followsName Nationality Citizenship Details

Shares1…………………………………………………………………………………………………………2.………………………………………………………………………………………………………..3.………………………………………………………………………………………………………4.………………………………………………………………………………………………………5……………………………………………………………………………………………………….

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

If a Kenya Citizen, indicate under “Citizenship Details” whether by Birth, Naturalization orregistration