introduction · web view28.1 the procuring entity reserves the right to accept or reject any...

Royal Media Services

INVITATION TO BID

FOR

DESIGN, SUPPLY, INSTALLATION, TRAINING & COMMISSIONING OF FINANCIAL MANAGEMENT SYSTEM

Tender No. RMS/206/001/2020

TABLE OF CONTENTS

Introduction 3

Section A: Tender Notice 4

Section B: Invitation for Tenders 5

Section C: General Information 6

Section D: General Conditions of Contract 21

Section E: Special Conditions of Contract 26

Section F: Schedule of Requirements 30

Section G: Technical Specifications 31

Section H: Tender Form and Price Schedules 31

Section I: Tender Financial Management System Form 41

Section J: Contract Form 42

Section K: Performance Financial management System Form 43

Section L: Bank Guarantee for Advance Payment 44

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TENDER NO – RMS/ 01/2020

June,2020


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Introduction

1.1 This Standard Tender Document has been prepared for use in the Procurement of goods and services.

1.2 The following general directions should be observed when using the document. (a) Specific details, such as the “name of the Procuring entity” and “address for

tender submission,” should be furnished in the Invitation for Tenders, and in the Special Conditions of Contract. The final document should contain neither blank spaces nor options.

(b) Amendments, if any, to the Instructions to Tenderers and to the General

Conditions of Contract should be made through the Special Conditions of Contract, respectively.

1.3 Information contained in the invitation for tender shall conform to the data and

information in the tender documents to enable potential tenderers to decide whether to participate and shall indicate any important tender requirements and shall be issued as:-

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Section A: Tender Notice Date: June 2020 Tender Reference: RMS/206/001/2020 Tender name: Design, Supply, Installation, Training & Commissioning of a Financial Management System.

1. Royal Media Services now invites sealed tenders from invited service providers for the Design, Supply, Installation, Training & Commissioning of Financial Management System

2. Interested, eligible candidates may obtain further information from and inspect the tender documents at the office of The Principal, Royal Media Services.

3. A complete set of tender documents will be sent to service providers as selected by the client.

4. RMS will Source the system via brief ADs on social media and our website the interested candidates will download the tender documents for more details.

5. Enclose the Financial Proposal, Technical Specification, AMC and any other relevant document or information in a sealed A4 size envelope.

6. Tendering cost: Tender bids must be accompanied by a proof of banking payslip of kshs. 5,000 payable to:BANK: EQUITY BANK KENYA LTDBRANCH: COMMUNITY CORPORATE BRANCHA/C 0180290126157RANCH CODE: 068-018SWIFT CODE: EQBLKENA

The payment must be received at the RMS on or before 10 th July 2020 at 10.00am and addressed toThe Finance System Task Team Royal Media ServicesMaalim Juma Road,Off Dennis Pritt Road, P. O. Box 7468-00300 Nairobi, Kenya.

Bids delivered by hand must be well sealed and deposited at the Tender box in Royal Media Head Office- Gate

7. Security Bid: Only the Shortlisted bidders will settle a Bid Security of USD One Thousand (USD 1000) Only, 7 days after they have been notified of the selection payable to:

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BANK: EQUITY BANK KENYA LTDBRANCH: COMMUNITY CORPORATE BRANCHA/C 0180290126157RANCH CODE: 068-018SWIFT CODE: EQBLKENA

8. Enquiries: Channel any enquiries to the Finance System Task Team via: [email protected]

Section C: General Information Introduction 1. Eligible Tenderers 1.1 This Invitation for Tenders is open to all tenderers eligible as described in the

tender documents. Successful tenderers shall complete the supply of goods by the intended completion date specified in the tender documents.

1.2 Tenderers shall provide the qualification information statement that the tenderer

(including all members of a joint venture and subcontractors) is not associated, or have been associated in the past, directly or indirectly, with a firm or any of its affiliates which have been engaged by the Procuring entity to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the goods under this Invitation for tenders.

1.3 Tenderers shall not be under a declaration of ineligibility for corrupt and

fraudulent practices.

2. Eligible Goods and Services 2.1 All goods and services to be supplied under the contract shall have their origin

in eligible source countries. 2.2 For purposes of this clause, “origin” means the place where the goods and

services are mined, grown, or produced. Goods and services are produced when, through manufacturing, processing, or substantial and major assembly of components, a commercially-recognized product results that is substantially different in basic characteristics or in purpose or utility from its components.

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2.3 The origin of goods and services is distinct from the nationality of the tenderer.

3. Cost of Tendering The Tenderer shall bear all costs associated with the preparation and submission of its tender, and the procuring entity, will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process.The Tender Document 4 Contents 4.1 The tender document comprises the documents listed below and addenda issued

in accordance with clause 6 of the 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 ((ix) Contract Form (xi) Bank Guarantee for Advance Payment Form

4.2 The Tenderer is expected to examine all instructions, forms, terms, and

specifications in the tender documents. Failure to furnish all information required by the tender documents or to submit a tender not substantially responsive to the tender documents in every respect will be at the tenderers risk and may result in the rejection of its tender.

5. Clarification of Documents A prospective tenderer requiring any clarification of the tender document may notify the Procuring entity in writing or by cable (hereinafter, the term cable is deemed to include telex and facsimile) at the entity’s address indicated in the Invitation for tenders. The Procuring entity will respond in writing to any request for clarification of the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the procuring entity. Written copies of the Procuring entities response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective tenderer that have received the tender document.

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6. Amendment of Documents

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 a clarification requested by a prospective tenderer, may modify the tender documents by amendment.

6.2 All prospective candidates that have received the tender documents will be notified of the amendment in writing or by cable, and will be binding on them.

6.3 In order to allow prospective tenderers reasonable time in which to take the

amendment into account in preparing their tenders, the Procuring entity, at its discretion, may extend the deadline for the submission of tenders.

Preparation of Tenders 7. Language of Tender

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 Procuring entity, shall be written in English language, provided that any printed literature furnished by the tenderer may be written in another language provided they are accompanied by an accurate English translation of the relevant passages in which case, for purposes of interpretation of the tender, the English translation shall govern.

8.Documents Comprising the Tender 8.1 The tender prepared by the tenderer shall comprise the following components:

(a) A Tender Form and a Price Schedule completed in accordance with paragraph 9,10 and 11 below.

(b) Documentary evidence established in accordance with paragraph 12 that

the tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted;

(c) Documentary evidence established in accordance with paragraph 13 that

the goods and ancillary services to be supplied by the tenderer are eligible goods and services and conform to the tender documents; and

(d) Tender furnished in accordance with paragraph 14

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9.Tender Form 9.1 The tenderer shall complete the Tender Form and the appropriate Price Schedule

furnished in the tender documents, indicating the goods and services to be supplied, a brief description of the goods and services, their country of origin, quantity, and prices.

10.Tender Prices 10.1 The tenderer shall indicate on the appropriate Price Schedule the unit prices

and total tender price of the goods and services it proposes to supply under the contract.

10.2 Prices indicated on the Price Schedule shall be entered separately in the

following manner:

(i) The price of the goods and services quoted EXW (ex-works, ex-factory, ex

warehouse, ex showroom, or off-the-shelf, as applicable), including all customs duties and sales and other taxes already paid or payable:

(ii) Charges for inland transportation, insurance, and other local costs

incidental to delivery of the goods and services to their final destination; and

10.3 Prices quoted by the tenderer shall be fixed during the Tender’s performance of

the contract and not subject to variation on any account. A tender submitted with an adjustable price quotation will be treated as non-responsive and will be rejected, pursuant to paragraph 22.

11.Tender Currencies 11.1 Prices shall be quoted in the following currencies:

(a) For goods and services that the tenderer will supply, the prices shall be quoted in Kenya shillings; and

.

12. Tenderers Eligibility and Qualifications. 12.1 Pursuant to paragraph 1 of section III, the tenderer shall furnish, as part of its

tender, documents establishing the tenderers eligibility to tender and its

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qualifications to perform the contract if its tender is accepted. To be eligible to tender, Firms shall furnish the following documents as part of their qualifications to perform the Contract, if their tender is accepted:

- Certificate of Incorporation- Valid Tax Compliance Certificate- PIN Certificate

12.2 The documentary evidence of the tenderers eligibility to tender shall establish

to the Procuring entity’s satisfaction that the tenderer, at the time of submission of its tender, is from an eligible source country as defined under paragraph I of section III.

12.3 The documentary evidence of the tenderers qualifications to perform the

contract if its tender is accepted shall establish to the Procuring entity’s satisfaction:

(a) that, in the case of a tenderer offering to supply goods and services under

the contract which the tenderer did not manufacture or otherwise produce, the tenderer has been duly authorized by the goods’ Manufacturer or producer to supply the goods and services;

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

(c) that, in the case of a tenderer not doing business within Kenya, the tenderer

is or will be (if awarded the contract) represented by an Agent in Kenya equipped, and able to carry out the Tenderer’s maintenance, repair, and spare parts-stocking obligations prescribed in the Conditions of Contract and/or Technical Specifications.

13. Goods’ Eligibility and Conformity to Tender Document. 13.1 Pursuant paragraph 2 of this section, the tenderer shall furnish, as part of its

tender, documents establishing the eligibility and conformity to the tender documents of all goods and services which the tenderer proposes to supply under the contract.

13.2 The documentary evidence of the eligibility of the goods and services shall

consist of a statement in the Price Schedule of the country of origin of the goods and services and services offered which shall be confirmed by a certificate of origin issued at the time of shipment.

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13.3 The documentary evidence of conformity of the goods and services to the tender documents may be in the form of literature, drawings, and data, and shall consist of: (a) a detailed description of the essential technical and performance

characteristics of the goods and services; (b) a list giving full particulars, including available sources and current prices of

spare parts, special tools, etc., necessary for the proper and continuing functioning of the goods and services for a period of three (3) years, following commencement of the use of the goods and services by the Procuring entity; and

(c) a clause-by-clause commentary on the Procuring entity’s Technical

Specifications demonstrating substantial responsiveness of the goods and services to those specifications, or a statement of deviations and exceptions to the provisions of the Technical Specifications.

13.4 For purposes of the commentary to be furnished pursuant to paragraph 13.3(c) above, the tenderer shall note that standards for workmanship, material, and equipment, as well as references to brand names or catalogue numbers designated by the Procurement entity in its Technical Specifications, are intended to be descriptive only and not restrictive. The tenderer may substitute alternative standards, brand names, and/or catalogue numbers in its tender, provided that it demonstrates to the Procurement entity’s satisfaction that the substitutions ensure substantial equivalence to those designated in the Technical Specifications.

14.Tender Security 14.1 Only the shortlisted bidders will have to deposit a tender security USD One

Thousand (USD 1000) Only. 14.2 The tender security is required to protect the Procuring entity against the risk

of Tenderer’s conduct which would warrant the security’s forfeiture, pursuant to paragraph 14.7

14.3 The tender security shall be denominated in USD and shall be in the form of a

bank guarantee or a bank draft issued by a reputable bank located in Kenya or abroad, in the form provided in the tender documents or another form acceptable to the Procuring entity and valid for ninety (90) days beyond the validity of the tender.

14.4 Any tender not secured in accordance with paragraph 14.1 and 14.3 will be rejected by the Procuring entity as nonresponsive, pursuant to paragraph 22.

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14.5 Unsuccessful Tenderer’s tender security will be discharged or returned within thirty (30) days after the expiration of the period of tender validity prescribed by the Procuring entity.

14.6 The successful Tenderer’s tender security will be discharged upon the tenderer

signing the contract, pursuant to paragraph 30, and furnishing the performance security, pursuant to paragraph 31.

14.7 The tender security may be forfeited:

(a) if a tenderer withdraws its tender during the period of tender validity specified by the procuring entity on the Tender Form; or

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

(i) to sign the contract in accordance with paragraph 30 or (ii) to furnish performance security in accordance with paragraph 31.

15. Validity of Tenders 15.1 Tenders shall remain valid for 90 days or as specified in the tender documents

after date of tender opening prescribed by the Procuring entity, pursuant to paragraph 18. A tender valid for a shorter period shall be rejected by the Procuring entity as non responsive.

15.2 In exceptional circumstances, the Procuring entity may solicit the Tenderer’s

consent to an extension of the period of validity. The request and the responses thereto shall be made in writing. The tender security provided under paragraph 14 shall also be suitably extended. A tenderer may refuse the request without forfeiting its tender security. A tenderer granting the request will not be required nor permitted to modify its tender.

16.Format and Signing of Tender 16.1 The Tenderer shall prepare two copies of the tender, clearly marking each

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

16.2 The original and all copies of the tender shall be typed or written in indelible ink

and shall be signed by the tenderer or a person or persons duly authorized to bind the tenderer to the contract. All pages of the tender, except for un-amended printed literature, shall be initiated by the person or persons signing the tender.

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16.3 The tender shall have no interlineation, erasures, or overwriting except as necessary to correct errors made by the tenderer, in which case such corrections shall be initiated by the person or persons signing the tender.

Submission of Tenders

17. Sealing and Marking of Tenders 17.1 The tenderer shall seal the original and each copy of the tender in separate

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

17.2 The inner and outer envelopes shall :

(a) be addressed to

The Finance System Task Team Royal Media ServicesMaalim Juma Road,Off Dennis Pritt Road, P. O. Box 7468-00300 Nairobi, Kenya.

(b) Be clearly marked “BID FOR FINANCIAL MANAGEMENT SYSTEM”

and the words:

“DO NOT OPEN BEFORE, 10.00AM, 10TH JULY, 2020”

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

17.4 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 misplacement or premature opening.

18. Deadline for Submission of Tenders 18.1 Tenders must be received by the Procuring entity at the address specified under

paragraph 17.2 no later than 10.00am, 10THH JULY, 2020.

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18.2 The Procuring entity may, at its discretion, extend this deadline for the submission of tenders by amending the tender documents in accordance with paragraph 6, in which case all rights and obligations of the Procuring entity and candidates previously subject to the deadline will thereafter be subject to the deadline as extended.

19. Modification and Withdrawal of Tenders 19.1 The tenderer may modify or withdraw its tender after the tender’s submission,

provided that written notice of the modification, including substitution or withdrawal of the tenders, is received by the Procuring prior to the deadline prescribed for submission of tenders.

19.2 The Tenderer’s modification or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of paragraph 17. A withdrawal notice may also be sent by cable, but followed by a signed confirmation copy, postmarked no later than the deadline for submission of tenders.

19.3 No tender may be modified after the deadline for submission of tenders. 19.4 No tender may be withdrawn in the interval between the deadline for

submission of tenders and the expiration of the period of tender validity specified by the tenderer on the Tender Form. Withdrawal of a tender during this interval may result in the Tenderer’s forfeiture of its tender security, pursuant to paragraph 14.7.

Opening and Evaluation of Tenders 20. Opening of Tenders

20.1 The Procuring entity will open all tenders in the presence of tenderers’ representatives who choose to attend the online meeting. Invites to attend the tender opening will be send via an email provided by the tenderer on the tender envelope. This will be done 2 days after the closing date of the tender.

20.2 The tenderers’ names, tender modifications or withdrawals, tender prices, discounts, and the presence or absence of requisite tender security and such other details as the Procuring entity, at its discretion, may consider appropriate, will be announced at the opening. 20.3 The Procuring entity will prepare minutes of the tender opening.

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21. Clarification of Tenders 21.1 To assist in the examination, evaluation and comparison of tenders the

Procuring entity may, at its discretion, ask the tenderer for a clarification of its tender. The request for clarification and the response shall be in writing, and no change in the prices or substance of the tender shall be sought, offered, or permitted.

21.2 Any effort by the tenderer to influence the Procuring entity in the Procuring entity’s tender evaluation, tender comparison or contract award decisions may result in the rejection of the tenderers’ tender.

22. Preliminary Examination 22.1 The Procuring entity will examine the tenders to determine whether they are

complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the tenders are generally in order.

22.2 Arithmetical errors will be rectified on the following basis. If there is a

discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail, and the total price shall be corrected. If the candidate does not accept the correction of the errors, its tender will be rejected, and its tender security may be forfeited. If there is a discrepancy between words and figures, the amount in words will prevail.

22.3 The Procuring entity may waive any minor informality or non-conformity or

irregularity in a tender which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any tenderer.

22.4 Prior to the detailed evaluation, pursuant to paragraph 23, the Procuring entity will determine the substantial responsiveness of each tender to the tender documents. For purposes of these paragraphs, a substantially responsive tender is one which conforms to all the terms and conditions of the tender documents without material deviations. The Procuring entity’s determination of a tender’s responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence.

22.5 If a tender is not substantially responsive, it will be rejected by the Procuring entity and may not subsequently be made responsive by the tenderer by correction of the nonconformity.

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23. Evaluation and Comparison of Tenders 23.1 The Procuring entity will evaluate and compare the tenders which have been

determined to be substantially responsive, pursuant to paragraph 22. 23.2 A binary selection scheme will be applied to determine the highest responsive bidder.

23.3 Bids will first be evaluated on their responsiveness to the general requirements and on specific technical requirements. Bids which fail in any critical items will be technically disqualified.

23.4 Only the technically qualified bidders will proceed for commercial evaluation. The financial proposal with the lowest bid price will be the highest commercially responsive. Financial proposals shall be scored by percentage with the lowest bid being allocated 20%. The formula Pc =Lp/P x 20 shall be used where:

Pc = Percentage allocated to price P

Lp = Lowest price quoted

23.5 The technical score will be allocated out of 80% and the price out of 20%, the combination of which shall be out of 100%. The contract shall be awarded to the bidder with the highest combined score.

23.6 Technical Evaluation Criteria The technical evaluation criteria will be based on the table indicated in the next page.

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Table 1: Bidders should submit documents to support the below technical evaluation criteria

Item Evaluation Criteria Required Docs1. Preliminary/Mandatory Verification

Bid Security as Prescribed in the tender document3 Years Audited StatementsBanking Reference LetterPIN CertificateValid Tax ComplianceSigned Site Survey FormPartnership Letter from Manufacturers of all components proposed

2. Bidder Background Information Weight Value

Customer References - Provide at least 3 reference sites with similar implementations (provide verifiable evidence i.e Certificate of completion or Signed Reference and LPO/ Contract for the Installation and support for Infrastructure Security solutions in other sites)

Client may choose to conduct due diligence visits

20%

Implementation Team Strength at least 5 certified Engineers

3%

Vendor Associates – (Silver or Gold Partner) 5%Years of Existence and Experience – Over 5 years 2%

3. Comprehensive Solution OfferingSolution Completeness: Scope and conceptual relevance to requirements as articulated in tenderer’s technical narrative of the proposed solutionFinance Management system layout across the RMS premisesSystem Specification

50%

4. Service and Support Strengths Training OfferingsImplementation Work planDocumentationMaintenance and Support Strength

20%

Total Score 100%NB: Bidders scoring the Highest Technical Marks will hence be subjected to the

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financial evaluation.

24. Contacting the Procuring entity 24.1 Subject to paragraph 21, no tenderer shall contact the Procuring entity on any

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

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

Award of Contract 25. Post-qualification 25.1 In the absence of pre-qualification, the Procuring entity will determine to its

satisfaction whether the tenderer that is selected as having submitted the lowest evaluated responsive tender is qualified to perform the contract satisfactorily.

25.2 The determination will take into account the tenderer financial, technical, and

production capabilities. It will be based upon an examination of the documentary evidence of the tenderers qualifications submitted by the tenderer, pursuant to paragraph 12.3, as well as such other information as the Procuring entity deems necessary and appropriate.

25.3 An affirmative determination will be a prerequisite for award of the contract to

the tenderer. A negative determination will result in rejection of the Tenderer’s tender, in which event the Procuring entity will proceed to the next lowest evaluated tender to make a similar determination of that Tenderer’s capabilities to perform satisfactorily.

26. Award Criteria 26.1 Subject to paragraph 10,23 and 28 the Procuring entity will award the contract

to the successful tenderer(s) whose tender has been determined to be substantially responsive and has been determined to be the lowest evaluated tender, provided further that the tenderer is determined to be qualified to perform the contract satisfactorily.

27. Procuring entity’s Right to Vary quantities

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27.1 The Procuring entity reserves the right at the time of contract award to increase or decrease the quantity of goods and services originally specified in the Schedule of requirements without any change in unit price or other terms and conditions.

28. Procuring entity’s Right to accept or Reject any or All Tenders

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

29. Notification of Award 29.1 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. 29.2 The notification of award will constitute the formation of the Contract. 29.3 Upon the successful Tenderer’s furnishing of the performance security pursuant to paragraph 31, the Procuring entity will promptly notify each unsuccessful Tenderer and will discharge its tender security, pursuant to paragraph 14.

30. Signing of Contract 30.1 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 Contract Form provided in the tender documents, incorporating all agreements between the parties.

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

31. Performance Security 31.1 Payment to the successful supplier shall be made based on agreed benchmarks and deliverables. These benchmarks are to be discussed and agreed on during the planning phase of the project.

32. Corrupt Fraudulent Practices

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32.1 The Procuring entity requires that tenderers observe the highest standard of ethics during the procurement process and execution of contracts. In pursuance of this policy, the Procuring entity:-

(a) defines, for the purposes of this provision, the terms set forth below as follows: (i) “corrupt practice” means the offering, giving, receiving or soliciting of anything

of value to influence the action of a public official in the procurement process or in contract execution; and

(ii) “fraudulent practice” means a misrepresentation of facts in order to influence

a procurement process or the execution of a contract to the detriment of the Procuring entity, and includes collusive practice among tenderer (prior to or after tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive the Procuring entity of the benefits of free and open competition;

(b) will reject a proposal for award if it determines that the tenderer

recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question;

(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to

be awarded any contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a contract.

32.2 Furthermore, tenderers shall be aware of the provision stated in the General Conditions of Contract.

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Section D: General Conditions of Contract 1. Definitions 1.1 In this Contract, the following terms shall be interpreted as indicated:

(a) “The Contract” means the agreement entered into between the Procuring entity and the tenderer, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

(b) “The Contract Price” means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations. (c) “The Goods” means all of the equipment, machinery, and/or other materials,

which the tenderer is required to supply to the Procuring entity under the Contract.

(d) “The Procuring entity” means the organization purchasing the Goods and

services under this Contract. (e) “The tenderer” means the individual or firm supplying the Goods and

services under this Contract.

2. Application 2.1 These General Conditions shall apply in all Contracts made by the Procuring

entity for the procurement of goods and services.

3. Country of Origin 3.1 For purposes of this Clause, “origin” means the place where the Goods were

mined, grown, or produced. 3.2 The origin of Goods and Services is distinct from the nationality of the tenderer.

4. Standards 4.1 The Goods supplied under this Contract shall conform to the standards mentioned in the Technical Specifications.

5. Use of Contract Documents and Information

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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 the Procuring entity in connection therewith, to any person other than a person employed by the tenderer in the performance of the Contract.

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.

5.3 Any document, other than the Contract itself, enumerated in paragraph 5.1 shall

remain the property of the Procuring entity and shall be returned (all copies) to the Procuring entity on completion of the Tenderer’s performance under the Contract if so required by the Procuring entity.

6. Patent Rights 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 use of the Goods or any part thereof in the Procuring entity’s country.

7. Performance Terms 7.1 The performance terms shall be based on delivery of the benchmarks and

milestones agreed on before the beginning of the project.

7.2 90% of the invoiced amount shall be paid in the course of delivery of the project.

7.4 The final 10% of the project invoiced amount shall be paid 90days after the project closing date.

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

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

8.2 The inspections and tests may be conducted on the premises of the tenderer or its subcontractor(s), at point of delivery, and/or at the Goods’ final destination. If conducted on the premises of the tenderer or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Procuring entity.

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8.3 Should any inspected or tested Goods and services fail to conform to the Specifications, the Procuring entity may reject the Goods, and the tenderer shall either replace the rejected Goods and services or make alterations necessary to meet specification requirements free of cost to the Procuring entity.

8.4 The Procuring entity’s right to inspect, test and, where necessary, reject the

Goods after the Goods’ arrival shall in no way be limited or waived by reason of the Goods having previously been inspected, tested, and passed by the Procuring entity or its representative prior to the Goods’ delivery.

8.5 Nothing in paragraph 8 shall in any way release the tenderer from any warranty

or other obligations under this Contract.

9. Packing 9.1 The tenderer shall provide such packing of the Goods as is required to prevent

their damage or deterioration during transit to their final destination, as indicated in the Contract.

9.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract.

10. Delivery and Documents 10.1 Delivery of the Goods and services shall be made by the tenderer in accordance

with the terms specified by Procuring entity in its Schedule of Requirements and the Special Conditions of Contract

11. Insurance 11.1 The Goods and services supplied under the Contract shall be fully insured against loss or damage incidental to manufacture or acquisition, transportation, storage, and delivery in the manner specified in the Special conditions of contract.

12. Payment 12.1 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in Special Conditions of Contract. 12.2 Payments shall be made promptly by the Procuring entity as specified in the contract.

13. Prices 13.1 Prices charged by the tenderer for Goods delivered and Services performed under the Contract shall not, with the exception of any price adjustments authorized

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in Special Conditions of Contract, vary from the prices by the tenderer in its tender.

14. Assignment 14.1 The tenderer shall not assign, in whole or in part, its obligations to perform

under this Contract, except with the Procuring entity’s prior written consent.

15. Subcontracts 15.1 The tenderer shall notify the Procuring entity in writing of all subcontracts

awarded under this Contract if not already specified in the tender. Such notification, in the original tender or later, shall not relieve the tenderer from any liability or obligation under the Contract.

16. Termination for Default 16.1 The Procuring entity may, without prejudice to any other remedy for breach of

Contract, by written notice of default sent to the tenderer, terminate this Contract in whole or in part:

(a) if the tenderer fails to deliver any or all of the Goods and services within the

period(s) specified in the Contract, or within any extension thereof granted by the Procuring entity.

(b) if the tenderer fails to perform any other obligation(s) under the Contract. (c) if the tenderer, in the judgment of the Procuring entity has engaged in

corrupt or fraudulent practices in competing for or in executing the Contract.

16.2 In the event the Procuring entity terminates the Contract in whole or in part, it

may procure, upon such terms and in such manner as it deems appropriate, Goods similar to those undelivered, and the tenderer shall be liable to the Procuring entity for any excess costs for such similar Goods.

17. Liquidated Damages and failure to Meet the set expectations

17.1 If the tenderer fails to deliver any or all of the goods and services within the period(s) specified in the contract or fails to deliver the service as per the set expectations, the procuring entity shall, without prejudice to its other remedies under the contract, shall apply any other remedials measures that might be open to the procuring entity. The procuring entity shall further retain 10% of the payment and only settle it when the System is fully functional and signed off on every benchmark.

18. Resolution of Disputes

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18.1 The procuring entity and the tenderer shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the contract. 18.2 If, after thirty (30) days from the commencement of such informal negotiations both parties have been unable to resolve amicably a contract dispute, either party may require adjudication in an agreed national or international forum, and/or international arbitration. 19. Language and Law

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

20. Force Majeure 20.1 The tenderer shall not be liable for forfeiture of its performance bond, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.

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Section E: Special Conditions of Contract Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions of Contract. A. Contract and Interpretation 1. Definitions The Purchaser is: Royal Media Services

The Purchaser’s Country is: Republic of Kenya The Project Site(s) is: Royal Media Services, Head office . The Contract shall continue in force until the Financial Management System and all the Services have been provided unless the Contract is terminated earlier in accordance with the terms set out in the Contract.

2. Interpretation The language of the Contract, all correspondence and communications to be given, and all other documentation to be prepared and supplied under the Contract not otherwise specified in the Technical Requirements shall be: English

3. Notices Notices shall be addressed to: Procurement Committee, Royal Media Services

Notices shall be delivered to the above-named person at: The Chairman-Procurement Committee, Royal Media Services, Nairobi, Kenya.

4. Governing Law The Contract shall be interpreted in accordance with the laws of: Republic of Kenya.

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6. Time for Commencement and Operational Acceptance The Supplier shall commence work on the System within: 14 days from the Effective Date of the Contract. Operational Acceptance will occur on or before 90 days from the date of commencement of work

C. Payment 7. Terms of Payment Subject to the provisions of GCC Clause G12 (Terms of Payment), the Purchaser shall pay the Contract Price to the Supplier in the manner specified below. Except as otherwise noted, all payments shall be made for the portion of the Contract Price corresponding to the goods or services actually Delivered, Installed, or Operationally Accepted, per the Contract Implementation Schedule, at unit prices and in the currencies specified in the Price Schedules of the Contract Agreement.

For Goods and Services supplied locally, the Purchaser will pay the Supplier in Kenyan Shillings The Supplier will invoice the Purchaser in the currency used in the Contract Agreement and the Price Schedules it refers to, for Goods and Services supplied locally, and the conversion between this currency and Kenyan Shillings for payment purposes - in case the two currencies are different - will be made as of the actual payment date using the exchange rate found in Central Bank of Kenya.

Payment for Goods supplied from outside the Purchaser’s Country shall be treated the same. There is no special payment method for Goods supplied from outside the Purchaser’s Country

8. Software License Agreements

The Standard Software license shall be valid: throughout the territory of the Purchaser’s Country. Use of the software shall be subject to the following additional restrictions : none

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The Software license shall permit the Software to be used or copied for use or transferred to a replacement computer provided the replacement computer falls within approximately the same class of machine and maintains approximately the same number of users, if a multi-user machine The Software license shall permit the Software to be disclosed to and reproduced for use (including a valid sublicense) by support service suppliers or their subcontractors, exclusively for such suppliers or subcontractors in the performance of their support service contract, subject to the same restrictions set forth in this Contract. In addition to the persons specified in (b) (vi), the Software may be disclosed to, and reproduced for use by, the Purchaser’s business group subject to the same restrictions as are set forth in this Contract. The Supplier’s right to audit the Standard Software will be subject to the following terms: The Purchaser will allow, under a pre-specified procedure, execution of embedded software functions under Supplier’s control, and unencumbered transmission of resulting information on software usage.

E. Supply, Installation, Testing, Commissioning, and Acceptance of the System

9. Project Plan

Chapters in the Project Plan shall address the following subject: (a) Project Organization and Management Plan; (b) Delivery and Installation Plan (c) Training Plan (d) Pre-commissioning and Operational Acceptance Testing Plan (e) Warranty Service Plan (f) Task, Time, and Resource Schedules (g) Post-Warranty Service Plan (h) Technical Support Plan

Further details regarding the required contents of each of the above chapters are contained in the Technical Requirement.

11. Subcontracting 10. Design and Engineering

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The Supplier shall prepare and furnish to the Procuring Entity the following documents for which the Supplier must obtain the Project Manager’s approval before proceeding with work on the System or any Subsystem covered by the documents:

(a) As mentioned in the technical specification;

11. Product Upgrades

The Supplier shall provide the Purchaser: With all new versions, releases, and updates to all Standard Software during the Warranty Period.

12. Operational Acceptance Time Guarantee Liquidated damages and delayed project milestones shall be assessed on a weekly basis and the procuring entity shall, without prejudice to its other remedies under the contract, shall apply other remedials measures that might be open to us. The procuring entity shall retain 10% of the payment and only settle it when the System is fully functional.

13. Defect Liability The Warranty Period (N) shall begin from the date of Operational Acceptance of the System or subsystem and extend for the periods that may apply to different types of technologies, e.g., hardware and software.

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Section F: Technical Specifications The overall objective of the project at the Royal Media Services is to build-up and strengthen the RMS institutional capacities with respect to Group Finance policy formulation, accounts management and controls, budgetary procedures, financial monitoring and reporting and installation of systems that facilitate and support efficiencies and competencies in all matters related to governance of Group Finance. Due to this Royal Media Services is looking to engage a service provider to Design, Supply, install and train on the Financial management system.

The system should be able to offer all aspect of Finance operations and workflow as listed below (Scope)

Enclose the Financial Proposal, Technical Specification, AMC and any other relevant document or information in a sealed A4 size envelope.

1. AccountingThe system should contain strong accounting tools to help manage in the following accounting processes

1.1 Accounts receivable: capture and recording of all sales documents in the sales ledger, provide invoices and statements for each customer as well as aging of the unpaid amounts. 1.2 Accounts payable: Capture and record all supplier’s transactions from orders to payments, invoices aging, supplier’s remittances and statements1.3 General Ledger: Capture and record all transactions and activities of the company in monetary terms and values population of the information into clusters of similar activities and generation of reports from the data1.4 Fixed-asset management: Assets recording, tagging, monitoring including transfers, depreciation and retirement. 1.5 In built and flexible trial balance and draft financial statements: Plus other management reports 1.6 Customisable Dashboards and real time reports1.7 Full budgeting process The system should allow a full budgeting process to allow restrictions as per the set limits and reporting of variances to trigger necessary actions.1.8 Support for mobile gadgets: usage online approvals and digital signing of documents.

2. Procurement

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2.1 Purchase Requisitions:

2.1.1. Select items from internal catalogs2.1.2 Support vendor punch out.2.1.3 Adopt to the organisation’s approval workflow including offline signing and approval 2.1.4 “Free text” input for purchase descriptions2.1.5 Account codes allowed each with budget checking2.1.6 Upload items from a spreadsheet2.1.7 Add multiple terms & conditions2.1.8 Allow multiple document attachments

2.2 Purchase Order: Create, approve and send PO’s in a structure traceable with an audit trail

2.2.1 One requisition can generate multiple orders2.2.2 Multi-currency2.2.3 Explicitly specify, delivery, payment and invoice instructions2.2.4 Multiple account codes with split financial allocations2.2.5 Multi-level sign offs and approvals based on roles2.2.6 Supports internal catalogs, free text and vendor punch out as standard2.2.7 Allows for personalized PO formats with logos and scanned signatures2.2.8 Full details of all terms and conditions of purchase

2.3 Receiving2.3.1 Allow Logging the receipt of fully or partially delivered orders2.3.2 Allows you to accept or reject items and record shortages2.3.3 Generates a Received Note with a unique GRN number2.3.4 Allows order credits or item replacements2.3.5 Generates Returns Note for rejected items2.3.6 Updates Stock Levels2.3.7 Updates Supplier performance statistics2.3.8 Provides for supporting documents match( Purchase Order, Delivery Note, GRN and Invoice)2.3.9 Comprehensive receipts reports for the organization and vendors2.3.10 Receiving and disbursement workflow

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2.4 Invoice Approvals and Matching2.4.1 Keep track of payment timelines 2.4.2 should generate detailed reports2.4.3 Generate Alerts to the relevant stakeholders2.4.2 Allow matching of relevant documents.

2.5 Departmental Expenses analysis: 2.5.1 The system should generate a detailed expenditure analysis by cost centers

2.6 Supplier/Vendor Portal:- 2.6.1 They can upload catalog items and update prices2.6.2 They can receive orders2.6.3 The can submit invoices with images2.6.4 They can issue delivery notifications etc.2.6.5 Vendors should upload be able to upload KYC documents2.6.6 Quote request workflow

2.7 Inventory:- 2.7.1 Manage inventory with low stock alerts, 2.7.2 Slow moving stock analysis 2.7.3 Consumption reports by department2.7.4 Maintain a record of inventory flow2.7.5 Allow periodic stock takes and manual data upload for comparison2.7.6 Inventory requests workflow.

2.8 MULTI-SITE:- 2.8.1 Allow separating out the different parts of business(RMS, CAL, etc plus different depts) by functional groups.

3. Scheduling System (Traffic)

3.1 Logging: - Scheduling Software

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3.1.0 Allow for unlimited scheduling into the future and easy spot placement. 3.1.1 Simplified data entry with automatic clock calculations and logs easily read and updated3.1.1 Access and use unlimited logs for multicasting3.1.2 Display the remaining availabilities for each program block3.1.3 Display logs on-screen or print them with user settings3.1.4 Use the Sync mode for a paperless studio with a self-scrolling log3.1.5 Indicate airtime and status immediately on the onscreen log3.1.6 Set the font style and size for each type of log element for easy visibility3.1.8 Set discrepancies, scripts, and other elements to display or be suppressed3.1.9 Reorder log columns and set page breaks3.1.10 Change break and spot details for a single date or for a range of dates3.1.11 Add custom break types3.1.12 Identify missing elements on the daily log tab3.1.13 Easily view promo and underwriting elements still available for scheduling3.1.14 Find bumps and reschedule them with just a few clicks3.1.15 Run availability reports that include useful financial projection data3.1.16 Allow for creation of station templates to fill in logs3.1.17 Facility for Traffic Workflow3.1.18 Integration with Onair systems including TV and Radio3.1.19 Upload of advertisement materials for playout3.1.20 Matching of As Run Log with scheduling logs3.1.21 Matching of As Run Log with Off Air Logging3.1.22 Recording of Presenter mentions for Audit3.1.23 Search by spot type and/or specific record name

3.1.24 Minimize lag time, centralize the creation process, and route items directly into production with the production scheduler, which is accessible to all staff.3.1.25 Store feed and record information, track programs and episodes, and access your rights contracts with the rights/feed tab

3.2 Underwriting: - Sell Creatively

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3.2.1 Provide excellent customer service and cultivate prospects with robust contact management tools (CRM)3.2.2 Find accounts quickly with multiple look-up methods3.2.3 Integration with Google Apps for Business3.2.4 Easily script rotations and dated schedules3.2.5 Separate competing or conflicting business types3.2.6 Place spots into single or multiple radio stations3.2.7 Schedule or release spots in batches or individually, or hold them until the time you designate3.2.8 View contract history at a glance, including the dates and amounts of the first, smallest, largest, and last contract.3.2.9 Automated Self Executing contracts3.2.10 Buying of AD Space online and integrate with the traffic and finance workflow

3.3 Billing: - Streamline Billing Process

3.3.1 Customize documents and statements with logo and special messages or instructions3.3.2 Track all sales activity with an interactive transaction journal3.3.3 Create deposits with complete audit trails3.3.4 View total keyed amount as cash is entered against accounts3.3.5 Automated alerts any time there is a disparity between the deposit amount and sal3.3.6 Maintain a complete Accounts Receivable section that includes financial reports such as:

3.3.6.1 Month-End Summary Reports

3.3.6.2 Transaction Summary Reports

3.3.6.3 Aging Reports

3.3.6.4 Check Register Reports

4. Sales Order Processing(Sales Ledger Module)

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4.1.1 Maintenance of customer database (CRM).4.1.2 Order creation by the sales staff for approval by the client.4.1.3 Order approval process within the commercial department.4.1.4 Discount approval/rejection and monitoring.4.1.5 Target for individual sales staff and comparison with actual performance.4.1.6 Online order approval by Commercial, Trafffik and Credit Control.4.1.7 Invoicing of orders, issuing of credit notes and statements.4.1.8 Ability to email invoices and statements directly to clients.4.1.9 Access of relevant sales ledger data to sales staff online e.g. invoices, statements, sales4.1.10 Receipting of customer payments and posting to the sales ledger.4.1.11 Aged debtors’ analysis.4.1.12 Documents storage e.g. invoices, receipts, statements, orders, purchase orders.4.1.13 Computation of sales commissions for sales staff.4.1.14 Discount Analysis Reports.4.1.15 Daily, weekly & monthly sales performance reports.4.1.16 Ad hoc customized reports.4.1.17 Provide an interface to integrate with on air traffic / advert scheduling systems4.1.18 Through the onair traffic system provide analysis of free and used spots4.1.19 Allow upload and view of the existing rate card 4.1.20 Discount caping with approval

OTHER KEY REQUIREMENTS5. Integration and data migration: The system should be able to

integrate with other types of software that may be needed and in use in the organization. The system should be able to migrate already existing data on other systems.

6. Flexibility and scalability: Customizable and expandable to suit the current needs of the organisation and any developments that may come in the foreseeable future.

7. Training and documentation: The provider to train the users and ensure the system should be fully documented

8. Process mapping: The system should comply to current organisations processes and procedures

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9. Ability to handle the groups financial system needs10.Audit Trail: Audit logs of all user and automated interactions with the

system.Technical and Functional Specifications

Bidders should hence propose a system with the below minimum features to enable proper centralized Financial management system; -

1. Target Database and OS Platforms: a. Preferably SQL Database, b. Preferably Windows Operating System

2. Services Needed from the software Development Company: i. Process Mapping, Design, Development and Implementation

3. Technology Preference ● Preferably Cloud Option and On Premises Hybrid setup● Web based● Mobile responsive

4. Native App, Cross functional/integration development i. The system must be accessible on all phones models

ii. System to be linked to other rms systemsiii. Authentication should be based on Active Directory

5. Features Description (How system behaves for end user)a. End User(Levels)

i. Should incorporate current working organisation structure for approvals and signing.

b. Admini. Administration of the system and technical support

6. Software process workflow, Customization and Documentation i. Well documented process workflows and procedural manuals

ii. Customization of the system to fit into RMS expectations.iii. Identification and documentation of any existing gaps in the

current processes7. Acceptance Criteria

i. The system should give the desired outputsii. All expectations must be met.

iii. Assess and evaluate the inputs and outputsiv. Signed off deliverables before project closure.

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8. Business Continuitya. Installation Documentation: There should be a full installation

documentation entailing the following:● Hardware specification and Redundancies. ● Operating System, database and Application

specifications● Post installation procedures where they exist on

application and database● Patches application specifications

b. Backup Documentation: This should include the following:● Elaborate backup concepts and procedures for both the

application and database● Procedures for backing up both Database and

Application

c. Recovery Documentation

● Recovery procedures for the database and application

d. Upgrade Planner: ● Include information about application or database

upgrades● Indicative or projected upgrade schedules● Procedures to be invoked when implementing an

upgrade of either Database or application

e. System Security: ● Include information about the system security and

vulnerabilities.

f. System Scalability:

● The system must be expandable to accommodate growing business needs over time.

g. After Go live Support Contract/SLA: ● Include Escalation Matrix and SLA.● System availability and reliability (uptime and

reliability guarantee).h. End User and TOT Training:

● Handover and training of both the RMS champion end users.

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9. Hardware Specifications: If the solution is on premise, specify the required hardware on client and server side.

10.AMC (Annual maintenance Contract): The annual maintenance contract terms must be clearly defined in the Financial Proposal.

Other Specifications

11.Competenciesa. Implementation of large scale corporates finance projectsb. Reference projects with client contacts.c. Team roles and responsibilities i.e Functional,Technical and project

managersd. Ability to handle multi platform needs of the group and create separate

entitiese. At least 8years and above of Technical experience of the core

implementation team.f. Jurisdiction of Local support and presence

12. Admin Training and certificationb. Training of system administratorsc. Certification of Administrators

Section H: Tender Form and Price Schedules

(i) Tender Form

Date:_______________________ Tender No:

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To: …………………………… ………………………….. [name and address of Procuring entity] Gentlemen and/or Ladies: 1. Having examined the tender documents including Addenda Nos.…………………………….. [insert numbers], the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply and deliver…………………………………………………………….……………………… [description of goods and services ] 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 attached herewith and made part of this Tender. 2. We undertake, if our Tender is accepted, to deliver the goods in accordance with the delivery schedule specified in the Schedule of Requirements. 3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum 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 for tender opening of the Instructions to tenderers, and it shall remain binding upon us and may be accepted at any time before the expiration of that period. 5. Until a formal Contract is prepared and executed, this Tender, together with your written acceptance thereof and your notification of award, shall constitute a binding Contract between us. 6. We understand that you are not bound to accept the lowest or any tender you may receive. Dated this ________________ day of ________________ 20______. [signature] [in the capacity of] Duly authorized to sign tender for and on behalf of

(ii) Price Schedule

SUMMARY OF COSTS (IN USD)

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Quantity Rate Total AmountFUNCTIONAL REQUIREMENTS

COST OF INDIVIDUAL MODULESAccounting ModuleProcurement ModuleSales ModuleTraffic Module

TRAININGEnd usersAdministratorCertification

LICENSES MODELOne-off LicenceRenewal and FrequencyConcurrent or Individual?

Server RequirementsOn CloudOn Premise

AMC- Annual Maintenance ContractAnnual Cost of the AMC

Any other cost

GRAND TOTAL (INCLUDE VAT AND ANY OTHER STATUTORY REQUIREMENTS)

SUBMITTED BY: _____________________________________DESIGNATION: ______________________________________SIGN: _______________________________

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_______DATE: ______________________________________

APPROVED BY: _____________________________________DESIGNATION: ______________________________________SIGN: ______________________________________DATE: ______________________________________

Section I: Bank Guarantee 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, which amends the General Conditions of Contract to provide for advance payment,……..…………………………………………………… [name and address of tenderer] (hereinafter called “the tenderer”) shall deposit with the Procuring entity a bank guarantee to guarantee its proper and faithful performance under the said Clause 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

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and irrevocably to guarantee as primary obligator and not as surety merely, the payment to the Procuring entity on its first demand without whatsoever right of objection on our part and without 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 Contract to be performed thereunder or of any of the Contract documents which may be made between the Procuring entity and the tenderer, shall in any way release us from any liability under this guarantee, 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 payment received by the tenderer under the Contract until ……………………………[date]. Yours truly, Signature and seal of the Guarantors

[name of bank or financial institution] [address] [date]

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