kenya bureau of standards bureau of standards. page 2 of 41 ration/pre-qualification of suppliers...

KENYA BUREAU OF STANDARDS

PRE-QUALIFICATION OF SUPPLIERS FOR GOODS

AND SERVICES FOR THE YEAR 2018-2020.

KEBS/T007/2018-2020

KENYA BUREAU OF STANDARDS

P.O. BOX 54974-00200 NAIROBI

POPO ROAD OFF MOMBASA ROAD TEL: 020 6948000/605490/605550

FAX: 604031/609660 E-MAIL: [email protected] Website: www.kebs.org

mailto:[email protected]

KENYA BUREAU OF STANDARDS.

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ration/Pre-qualification of Suppliers Section A: Kenya Bureau of Standards (KEBS), a statutory body of the government, has offices in Nairobi, Mombasa, Kisumu, Nyeri, Nakuru, Eldoret and Garissa. KEBS is in the process of pre-qualifying suppliers for various goods and services for the financial year 2018-2020 for headquarters and in each of the regions. Tender documents detailing the requirements may be obtained from the Procurement Office at KEBS Centre, Popo Road, Off Mombasa Road, Behind Bellevue Cinema Nairobi on normal working days

Between 8.30 a.m and 4.00 p.m or Download from the KEBS website, www.kebs.org free of

Charge

SUPPLY OF GOODS

Item Code Item Description Special conditions(where applicable)

Eligibility

KEBS/PRE-Q1/2018-2020

Prequalification for supply of Laboratory Chemicals, Reagents and other consumables

Licence from relevant certifying/regulatory bodies

Open

KEBS/PRE-Q2/2018-

2020 Prequalification for supply of Laboratory Equipment & Glassware


Open

KEBS/PRE-Q3/2018-

2020 Supply of assorted laboratory gases


Open

KEBS/PRE-Q4/2018-

2020 Prequalification for Supply of Motor Vehicle Tyres & Tubes, Batteries and accessories

Proof of dealership Open

KEBS/PRE-Q5/2018-

2020 Prequalification for supply and delivery of fresh milk

- Special Group

KEBS/PRE-Q6/2018-

2020 Prequalification for supply of ICT equipment and consumables

Authorized dealer/ distributor

Open

KEBS/PRE-Q7/2018-

2020 Supply of cartridges and toners Proof of

dealership/genuine products

open

KEBS/PRE-Q8/2018-

2020 Prequalification for supply of Electrical Materials and Fittings, Hardware materials and construction materials.

- Special Group

KEBS/PRE-Q9/2018-

2020 Prequalification for supply, delivery and maintenance of firefighting equipment.

- Open

Registration/Pre-qualification of Supplier 2018-2019 22018=20102288

http://www.kebs.org/


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KEBS/PRE-Q10/2018-

2020 Prequalification for supply of cleaning materials, soaps and detergent.

- Special group

KEBS/PRE-Q11/2018-

2020 Prequalification for Supply of telephone and telephone accessories


Open

KEBS/PRE-Q12/2018-

2020 Prequalification for Supply Clinical drugs, dressing and first aid kits.


Open

KEBS/PRE-Q13/2018-

2020 Prequalification for Supply Office equipment

- Special group

KEBS/PRE-Q14/2018-

2020 Supply office furniture, curtains, furnishings and fittings

- Special group

KEBS/PRE-Q15/2018-

2020 Supply and delivery of general office stationery and consumables

- Special group

KEBS/PRE-Q16/2018-

2020 Supply of staff uniforms and protective gears

- Special group

KEBS/PRE-Q17/2018-

2020

Provision for printing of corporate newsletters, printed stationery, calendars, diaries and graphic designs

- Special group

PROVISION OF SERVICES

Item Code Item Description Special conditions(where applicable)

KEBS/PRE-Q18/2018-

2020 Prequalification for provision of Legal services

Specification attached.

Open

KEBS/PRE-Q19/2018-

2020 Prequalification for provision air Travel agency services (IATA Registered firms only)

IATA Registered firms only

Open

KEBS/PRE-Q20/2018-

2020 Prequalification for provision of repair, Maintenance & Service of Motor vehicles.

- open

KEBS/PRE-Q21/2018-

2020 Provision for repair, services and maintenance of buildings (minor work)

-

KEBS/PRE-Q22/2018-

2020 Prequalification for provision of inspection and maintenance and service of Fire Equipment (Inspection, service and maintenance of fire extinguishers, hose reels, hydrants, detectors, fire alarm system, etc)

Licence from relevant certifying/regulatory bodies if any

Open

KEBS/PRE-Q23/2018- Provision of security printing - Open


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2020 services KEBS/PRE-Q24/2018-

2020 Prequalification of provision of Annual Medical Examination of Staff in specified risk areas (DHPs approved by DOSHS)

DHPs approved by DOSHS

Open

KEBS/PRE-Q25/2018-

2020 Prequalification for provision of Annual Statutory Safety and Health Audit (Safety & Health Advisors approved by DOSHS)

Safety & Health Advisors approved by DOSHS

Open

KEBS/PRE-Q26/2018-

2020 Prequalification for provision of Annual Statutory Fire Safety Audit (Fire Safety Auditors approved by DOSHS)

Fire Safety Auditors approved by DOSHS

Open

KEBS/PRE-Q27/2018-

2020 Prequalification for provision of repair and maintenance of refrigerated laboratory equipment


Open

KEBS/PRE-Q28/2018-

2020 Provision for sanitary and hygiene services


open

KEBS/PRE-Q29/2018-

2020 Prequalification for provision of Garbage collection and Disposal services (company approved by NEMA and with capacity to collect and safely dispose laboratory waste).

approved by NEMA and with capacity to collect and safely dispose laboratory waste

Special Group

KEBS/PRE-Q30/2018-

2020 Prequalification for repair, service and maintenance of generators


open

KEBS/PRE-Q31/2018-

2020 Prequalification for provision of repair, Service and maintenance of air conditioners

Registered with relevant NCA

Special Group

KEBS/PRE-Q32/2018-

2020 Prequalification for provision of supply of newspapers, Periodicals and Magazines

- Special Group/open

KEBS/PRE-Q33/2018-

2020 Prequalification for Laundry & Dry Cleaning Services

- Special Group

KEBS/PRE-Q34/2018-

2020 Prequalification for provision of Repair and maintenance of laboratory equipment.


Open

KEBS/PRE-Q35/2018-

2020 Prequalification for provision of Repair and painting of water Tanks.

Registered with relevant NCA

open

KEBS/PRE-Q36/2018-

2020 Prequalification for provision of External Training Providers (Capacity building of NQI Trainers)

- Open


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KEBS/PRE-Q37/2018-

2020 Prequalification for provision of destruction of seized goods

Approved by NEMA

Open

KEBS/PRE-Q38/2018-

2020 Prequalification for provision of consultancy services.

Open

KEBS/PRE-Q39/2018-

2020 Prequalification for provision of HR training and other related consultancy services.

Open

KEBS/PRE-Q40/2018-

2020 Prequalification for provision Repair and Maintenance of ICT equipment

Open

KEBS/PRE-Q41/2018-

2020 Repair, service and maintenance of PABX and other telephone accessories

Open

KEBS/PRE-Q42/2018-

2020 Prequalification for provision of conference and accommodation facilities

Three stars hotel and above

Open

KEBS/PRE-Q43/2018-

2020 Prequalification for provision of outside catering

- Open

KEBS/PRE-Q44/2018-

2020 Prequalification for provision of events management

- Special Group

KEBS/PRE-Q45/2018-

2020 Prequalification for provision of advertising agency services.

- Open/special group

KEBS/PRE-Q46/2018-

2020 Prequalification for provision of courier services

- Open

KEBS/PRE-Q47/2018-

2020 Prequalification for provision of clearing and forwarding services

- Open

KEBS/PRE-Q48/2018-

2020 Prequalification for provision of Repair and maintenance of printing machines: (1.Printing Press – QM 46, (2.Ideal Guilotine Model-Ideal 6550 (3.Schneider Senator Guilotine Model Eline 78 No. (4.Rollem Perforator (5.Auto 4 Multi Numbering Machine. (6.Plate Making Machine Model Parker

- Open

KEBS/PRE-Q49/2018-

2020 Prequalification for supply and delivery of Branding and promotional materials e.g, Staff Uniform, Sports kit, Branded T-shits, Caps, Banners and related services.

- Special Group

KEBS/PRE-Q50/2018-

2020 Provision of exhibition materials and decorations(tents, chairs, screen, Public Address, mobile toilets etc.

- Special group


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BUILDING SERVICE KEBS/PRE-Q51/2018-

2020 General building works Registered with

relevant NCA open

KEBS/PRE-Q52/2018-

2020 Electrical installations works Registered with

relevant NCA open

KEBS/PRE-Q53/2018-

2020 Plumbing and drainage work Registered with

relevant NCA open

KEBS/PRE-Q54/2018-

2020 Servicing and maintenance of bore services

- open

KEBS/PRE-Q55/2018-

2020 Repair, maintenance and servicing of GYM equipments

- open

Applications in plain sealed envelopes clearly marked “Prequalification of Suppliers 2018-2020” indicating the Reference Code No. and Item Description that the applicant wishes to be prequalified for should be addressed and delivered to:

THE MANAGING DIRECTOR, KENYA BUREAU OF STANDARDS, P.O. BOX 54974 – 00200,

NAIROBI.

Or be deposited in the Tender Box at the Main Reception at KEBS head quarter Centre or regional offices so as to be received on or before 10.00 a.m. on Tuesday 25th September 2018. Prequalification documents will be opened immediately thereafter in the Conference Room, Adm. Block, Ground Floor or in regional offices. Tenderers or their Representatives are free to attend the opening. Note: This is a Tender for prequalification of Suppliers and not for supply of goods/services. Only short listed suppliers will be contacted to give competitive quotations for the purchase of goods, services and works

MANAGING DIRECTOR


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Section B: Introduction

1.1 Kenya Bureau of Standards (KEBS) will pre-qualify prospective bidders for the supply of goods/services from among those who will have submitted their tenders, in accordance with the tender requirements to undertake the assignment as described herein.

1.2 Tenderers are invited to submit a Pre-qualification tender for the supply of goods and

services. The pre-qualification Tender Document will be the basis for pre-qualification and eventual invitation to bid for the supply of goods and services.

1.3 Tenderers may tender for one or more categories of items but must use a separate set

of prequalification document for each category. 1.4 Only successful tenderers shall be informed of the outcome in writing. 1.5 The tenderers must familiarize themselves with the requirements of the Tender as

described in this Pre-qualification tender document including all attachments. 1.6 KEBS will not be responsible for any costs or expenses incurred by Tenderers in

connection with the preparation or delivery of these prequalification Tender documents including any costs associated with the preparation of the Tender Document and attachments.

1.7 It is the Purchaser’s policy to require that Tenderers observe the highest

Standard of ethics during the selection and execution of such contracts. In pursuance of this policy, the Purchaser:

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 an officer of the Purchaser in the pre-qualification process; and

(ii) "Fraudulent practice" means a misrepresentation of facts in order to

influence the pre-qualification process to the detriment of the Purchaser.


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b) will reject a tender for pre-qualification if it determines that a Tenderer has engaged in corrupt or fraudulent activities in competing for the contract in question;

c) will declare a Tenderer ineligible, for pre-qualification if at any time it determines

that the Tenderer has engaged in corrupt or fraudulent practices in competing for, or in executing, a similar contract.

d) Will have the right to inspect the tenderer’s accounts and records relating to the

performance of services in this tender.

e) Will have the right to inspect the business premises of the tenderer. 1.8 Tenderers shall furnish information as described in the pre-qualification tender

document. 1.9 The Tender documents should be prepared and submitted in a plain sealed envelope

marked:

ITEM CODE KEBS/PRE-Q_____ /2018-2020–REGISTRATION/PRE-QUALIFICATION FOR SUPPLY OF (ITEM DESCRIPTION) And addressed and delivered to:

THE MANAGING DIRECTOR, KENYA BUREAU OF STANDARDS,

P.O. BOX 54974 - 00200 NAIROBI.

Or be deposited in the Tender Box at the Main Reception at KEBS Centre – Nairobi so as to be received on or before 10.00 a.m. on Tuesday 25th September 2018.

Tender opening will be carried out immediately thereafter in KEBS Centre Nairobi Conference Room, Adm. Block, Ground Floor or Region offices. Tenderers or their representatives are invited to witness the opening.

2.0 This is a Tender for prequalification of Suppliers and not for supply of goods/services.


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Section C: Important Pre-Requisites 1. Must be a registered firm in Kenya with a certificate of registration or incorporation

copies of which must be attached. 2. Must provide Copy of current relevant trade licenses.

3. Must have fixed Business premises (attach copies of utility bills e.g. electricity/water or

lease agreement/Title).

4. Must be Kenya Revenue Authority (KRA) compliant and up to date with Income Tax and VAT Returns. Attach the following;

i. Copy of VAT ii. PIN Certificates iii. Tax compliance certificates.

5. Attach company profile indicating qualification of key personnel. Attach copies of CV

and their certificates.

6. Provide list of clients you are serving currently (at least 5).

7. Past litigation and arbitration incidences encountered if any by the firm in the past one year must be enumerated.

8. IATA Registration is compulsory for Air Travel Agents.

9. Must provide proof of remittance of Social Security contribution for its employees e.g.

NSSF, NHIF, etc.

10. Must fill, sign and stamp the confidential business questionnaire

11. A signed statement that the bidder is not debarred from participating in public procurement or debarred from practice.

12. Those who wish to be prequalified for repair, Maintenance & Servicing of Motor vehicles should provide proof of the following for the garages.

i. In a secured place ii. Insured iii. Firefighting equipment iv. Availability of pit for disposal of waste


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v. Qualified Personnel. Mombasa Road, Ngong Road, Langat Road, Industrial Area and Westlands. Mombasa - Mombasa Mainland Eldoret – Eldoret CBD Kisumu – Kisumu City CBD Nyeri – Nyeri Town CBD Garissa – Garissa Town CBD

Section D: Qualification Criteria. Pre-qualification will be based on meeting the minimum requirements to pass in the criteria set as shown below. The declaration will be either pass or fail regarding the applicant’s general and particular experience, personnel and equipment capabilities and financial position as demonstrated by the applicant’s response in the forms provided in Section IV and submitted with the letter of application.

Technical Evaluation Criteria Max Score 1 Registration /Incorporation Certificates Mandatory

2 Copy of current relevant trade licenses Mandatory

3 Business premises (attach copies of utility bills e.g. electricity/water or lease agreement/Title

Mandatory

4. Copy of VAT Mandatory

5. PIN Certificates Mandatory

6. Tax compliance certificates Mandatory

7. IATA Registration is compulsory for Air Travel Agents Mandatory 8. Must provide proof of remittance of Social Security contribution for its

employee’s e.g. i. NSSF

Mandatory

ii. NHIF Mandatory 9. Must fill, sign and stamp the confidential business questionnaire Mandatory 10. Provide a list of five (5) clients you are currently serving. 10

11 Company Profile. 10

12 Copies of certificates indicating qualification of Key Personnel. 10

13 Audited Accounts of last 1 year. 10

14 Bank statements for the last 12 months. 10

15 A signed statement that the bidder is not debarred from participating in public procurement or disbarred from practice.

10

16 State if the company is a subject of bankruptcy proceedings, in receivership, Administrative receivership, or any other form of liquidation as defined by the applicable law.

10

17 Past litigation and arbitration incidences encountered if any by the firm 10


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in the past one year must be enumerated. 18. Confirmation of acceptance of payment terms. 10

19 Proof for garages 10

Total Marks 100

Pass Mark 70

Section E: LEGAL SERVICES REQUIREMENT

INTRODUCTION

1.1. Kenya Bureau of Standards (KEBS) will pre-qualify and enlist prospective bidders for

provision of Legal Services from among those who will have submitted their pre-

qualification documents, in accordance with the pre-qualification requirements to undertake the

assignments described herein for two (2) years.

1.2. The Pre-qualification Tender document and the Tenderers response thereof shall be the basis for

pre-qualification. Tenderers must familiarize themselves with the requirements described in this

document including all attachments and take them into account while preparing the response.

1.3. KEBS does not bind itself for provision of any service but shall endeavor to ensure

tenderers for the provision of various services and consultancies will be treated equitably.

1.4. Applicants will be informed in writing of the results of the application, without assigning any

reason for KEBS’s decision thereof.

1.5.Tenderers will meet all costs associated with preparation and submission of their applications.

1.6. It is KEBS’s policy to require that Tenderers observe the highest standard of ethics during

selection and execution of such contracts. In pursuance of this policy, KEBS:

a) Defines, for the purpose 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 an officer of the Purchaser/Employer in the pre-qualification process;

and

(ii) “Fraudulent practice” means a misrepresentation of facts in order to influence the pre-

qualification process to the detriment of the Purchaser/Employer, and includes collusive

practices among Tenderers (prior to or after submission of Tenders) designed to establish prices at

artificial, non- competitive levels and to deprive the Purchaser of the benefits of free and open

competition.

(b) Will reject a Tender for pre-qualification if it determines that a Tenderer has engaged in corrupt

or fraudulent activities in competing for the contract in question;


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(c) Will declare a Tender ineligible, for pre-qualification if at any time it determines that Tenderer

has engaged in corrupt or fraudulent practices in competing for, or in executing, a similar contract; and

(d) Will have the right to examine financial records relating to the performance of such

services to determine capability.

(e) Will have the right to inspect the business premises of the tenderer.


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1.7. Tenderers shall furnish information as described in the pre-qualification tender document.

1.8. Tenderers shall be aware of the provisions on fraud and corruption stated in the

standard contract under the clauses indicated in the Data Sheet.

1.9. Professional Qualifications The Advocates must be members of the Law Society of Kenya, without any disciplinary

problems, due diligence must be carried out to ensure that they have not been disbarred. They

must be in possession of current practicing certificates

1.10. Professional Insurance Indemnity They must have taken out a Professional Insurance Indemnity., which must be not less than

Kshs.5, 000,000.00 but capable of being reviewed depending on the brief at hand.

1.11. Expertise The Law firms must be ranked highly by their peers as well as have proven experience of the

issues i n q u e s t i o n . While it is important for the lead partners to be experienced the qualification of other members of the firm who will be performing the majority of the legal services should also be of a high standard. This includes associates, pupils and even paralegals.

Partners should have at least 10 years of legal experience.

1.12. Scope of legal services The legal services being procured include but not limited to: Debt collection, Company law, Commercial law, Land law, Civil litigation, Tax law, corporate law, Labour law, Procurement and Disposal Law, International Tax and Trade Law, Arbitration and Alternative Dispute Law and Practice, Mergers and Acquisitions, Constitutional law, drawing and

interpretation of statutes and international instruments. The law firms should attach their firm profiles stating the type of cases handled and their success rate in litigation. The firms

should also provide a list of clients handled which should include financial institutions, private organizations, international companies, government departments and parastatals. The profile should indicate experience in handling High Court, Court of Appeal and Lower

Court cases. Experience in handling the Industrial Court matters and other tribunals should be

indicated as well.

Any experience in tax matters including tax consultancies and advisory should be stated.

1.13 Firm’s History The following information should be included: Period for which the law firm has been in operation.

Number of partners and their standing in the bar

Number of Associates and their standing in the bar

Number of pupils

Number of paralegal staff

Number of support staff


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Whether the firm is a member of an international consortium of lawyers or members of

international legal bodies e.g. the International Bar Association, East African Law Society,

International Commission of Jurists (ICJ) Commonwealth Bar Association etc. Whether the

lawyers have been invited as a panelist or speaker in any of these bodies.

1.14 Facilities The firm should possess facilities like a modern legal library, access to online law reports

or other legal resources, computers, internet connectivity etc. to enable them provide adequate

services and facilitate real-time communication.

1.15 Payment of Fees/Costs The selection will consider law firm’s that offer the right balance of value for money as

measured by the quality of legal service offered. Estimated budgets of the costs from the law

firms will be encouraged. Law firms will be required to identity ways in which legal cost for any

significant or complex cases can be mitigated.

The payment of fees will be based as may be agreed on:

• A flat fee for agreed work based on the value of the subject matter.

• Negotiated or cap on the fees.

1.16 Litigation against KEBS The Firms should disclose if they are engaged with past or pending litigation against

KEBS and the nature of the litigation in order to avoid conflict of interest.

1.17 Ability to work closely with KEBS’s Legal Division The selected law firms will be required to work closely with the Bureau’s in-house lawyers.

1.18 Monitoring and Evaluation The law firms must agree to be monitored through regular client satisfaction surveys in order to

ensure that they maintain high standards of service and give regular reports to the Head of

Department Legal Services.

2.0 Period of Validity

The request for pre-qualification must remain valid for not less than 120 days from the date

of submission. KEBS will make best effort to complete the evaluation and communicate within this

period.

3.0 SUBMISSION, RECEIPT, AND OPENING OF PRE-QUALIFICATIONS 3.1 The original Pre-qualification Document shall be prepared in indelible ink. It shall

contain no interlineations or overwriting, except as necessary to correct errors made by

the applicant. Any such corrections must be initialed by the person or persons who sign(s) the

Pre-qualification Document.

3.2 An authorized representative of the Applicants should initial all pages of the tender

document.

3.3 The Pre-qualification document should be prepared and submitted in 2 (two) copies in


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a plain sealed envelope marked: PRE-QUALIFICATION EVALUATION

(a) Mandatory Requirements for Pre-Qualification

(i) Pre-qualification Submission Form.

(ii) A copy of Certificate of Registration of Practice.

(iii)Submit details of five major clients from your current public institutions or large

commercial enterprises, summary of services rendered, value of contracts and contact

persons, address and telephone numbers.

(iv) Tax compliance certificate.

(v) Duly Completed Confidential Pre-qualification Business Questionnaire.

(vi) Sworn Anti-Corruption Affidavit.

(vii)Evidence of physical address and premises (attach copies of utility bills e.g.

electricity/water or lease agreement/Title).

(viii)Latest audited accounts and copy of tax return.

(ix)A signed statement that the bidder is not debarred from participating in public

procurement or disbarred from practice.

(x) Member of the Law Society of Kenya with no Pending disciplinary cases.

(xi)Currently hold out a Professional Insurance Indemnity of a minimum of

Kshs.5, 000,000.00 but capable of being reviewed depending on the brief at hand.

NB: Attach all the above documents

(b) General Requirements KEBS will examine the tenders to determine completeness, general orderliness and sufficiency in

responsiveness.

Applicants shall not contact KEBS on the matter relating to their Pre-Qualification

Document from the time of opening to the time the evaluation is finalized and official

communication is sent to them. Any effort by the Applicant to influence KEBS in the Pre-

Qualification Document evaluation shall result in the rejection of their application.

Pre-qualification will be based on meeting the following minimum criteria regarding the

Applicant’s legal status, general and particular experience, personnel and financial position

as demonstrated by the responses in the attached forms.

The applicants should have registered offices and KEBS reserves the discretion of visiting


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physical premises from which the applicant conducts business if so desired to confirm

existence and capability to deliver the said goods/services.

Applicants who qualify according to the selection criteria will be invited to submit their

quotations for the provision of various services as and when required for 3 years.

KEBS reserves the right to accept or reject any or all Pre-Qualification Documents without

the obligation to assign any reason (s) for its decision thereof.

Litigation Applicants must disclose any current litigation against the firm and briefly describe the nature

of the litigation.

Evaluation Criteria The points given to evaluation criteria are as per the following evaluation criteria matrix.


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Evaluation Attribute Evaluation

Parameters

Maximum

Score%

1 Mandatory Requirements: Full Submission

A Pre-qualification Submission Form Mandatory

B A copy of Certificate of Registration of the Law firm.

Mandatory

C Evidence of physical address and premises (attach copies of Utility bills e.g. electricity/water or lease agreement/Title).

Please indicate availability of facilities e.g.

modern legal library, access to online law reports or

other legal resources, internet connectivity etc.

Mandatory

D Duly Completed Confidential

Pre-qualification Business Questionnaire.

Mandatory

E Current Practicing Certificates for all advocates in the Law firm.

Mandatory

F Sworn Anti-Corruption Affidavit. Mandatory

G Tax compliance certificate. Mandatory

H Submit details of five major clients from financial institutions, private organisations, international companies, government departments and parastatals showing a summary of the brief, the value of the case, success rate and contact person, address and telephone numbers

Mandatory

I Duly Completed Confidential Pre-qualification Business Questionnaire.

Mandatory

J Two (2) years audited accounts Mandatory

2 Value of Professional Indemnity

(attach copy)

Over Kshs.50 Million (20 Marks) Kshs.30 Million to

49 Million-15 Marks Kshs.5 Million to

29 Million-10Marks

20

Pre-Qualification for Service Providers of Legal Services


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3 Period of Operation

Firm profile

I. Standing of senior partners

Over 15 -20 Marks

12 to 15 Years-15 Marks

10 to 12 Year-10 Marks Less

than 10 years-5 Marks

ii standing of Associates (Attach

copy of admission Certificate).

Indicate m e m b e r s h i p o f

i n t e r n a t i o n a l consortium of

lawyers, member of IBA, ICJ,

EALS etc. Speaker or

Panelist at international law forum

(attach topic and date)- 5 Marks

25

4 Capacity of the Firm:

4 Partners and above -20 Marks

3 Partners- 15 Marks

2 Partners- 10 Marks

1 Partner- 5 Marks

ii Number of Associates

iii) Number of Support Staff and skills

(attach Curriculum Vitae of all Partners

and Associates which must detail the

following scope of services :

a) Civil Litigation and Prosecution

b) Tax and Trade Law

c) Land law and practice

d) Company and Commercial law e) Commercial law f) Corporate law

g) Labour law

h) Procurement and Disposal Law,

i) International Tax and Trade Law, j)

Arbitration and ADR Law and

Practice,

k) Mergers and Acquisitions,

l) Constitutional law and interpretation

m) Drawing and interpretation of statutes and international instruments

(attach evidence in support

20

Pre-Qualification for Service Providers of Legal Services


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5 Major litigation briefs successfully handled in terms of value and subject matter

N.B: If no monetary value, indicate subject matter

• High Court

• Court of Appeal

• Other tribunal

• Regional Courts e.g COMESA

and East African Court of Justice

Over Kshs.20 M- 25 Marks - Between 10 and

19 Million- 15

Marks

- Between 5 and 10

Million- 10 Marks

25

6 Audited financial statements for the last two years or where the firm has been in

operation for less than 2 years Certified

Management Accounts by a Certified Accountant.

5

7 Certified copies of Six (6) months Current Bank Statements.

5

Total Score 100

MINIMUM QUALIFYING SCORE IS 80%.

CONFIDENTIALITY

Information relating to evaluation of Pre-Qualification Documents and recommendations

concerning pre-qualification shall not be disclosed to the Applicants until the pre-

qualified firms have been advised accordingly.


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PRE-QUALIFICATION SUBMISSION FORM

To: The Commissioner General Kenya

Bureau of Standards Times Tower

Building Haile Selassie Avenue

P.O Box 48240-00100

Nairobi, Kenya

Gentlemen and/or Ladies:

Date

Pre-qualification No.

1. Having examined the Pre-qualification documents including Addenda Nos. …the receipt of

which is hereby duly acknowledged, We, the undersigned, offer to supply the required

goods/services in accordance with your Request for Quotations and we hereby submit our Pre-

qualification Document.

2. Our Pre-qualification is binding to us and if found acceptable we shall be pleased to be

included in the list of pre-qualified firms.

3. We understand that you are not bound to accept any tender you may receive. Dated this

day of 20

[signature] [in the capacity of]

Duly authorized to sign tender for an on behalf of


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CONFIDENTIAL PRE-QUALIFICATION BUSINESS QUESTIONNAIRE FORM

You are requested to give the particulars indicated in Part 1; either Part 2(a), 2(b) or 2 (c) whichever applies to your type of business; and Part 3.

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

Part 1 – General

1.1 Business Name ……………………………………………………………………………….

1.2 Location of Business Premises.………………………………………………………………

1.3 Plot No………………………………………………………… Street/Road

……………… Postal Address …………………………………………Tel No.

……………………………… Fax……………………………………… E mail

…………………………………………….

1.4 Nature of Business……………………………………………………………………………

1.5 Registration Certificate No.…………………………………………………………………..

1.6 Maximum Value of Business which you can handle at any one time –

Ksh……………………………………………………………………

1.7 Name of your Bankers ……………………………………………Branch ………………….

Part 2 a-Sole Proprietorship

2a.1 Your Name in Full ……………………………………………………Age …………..

2a.2 Nationality …………………………………………… Country of Origin………………….

Citizenship Details……………………………………………………………………………

Part 2 (b) Partnership

2b.1 Given details of Partners as follows:

2b.2 Name Nationality Citizenship Details Shares

1………………………………………………………………………………………………

2………………………………………………………………………………………………

3………………………………………………………………………………………………

4………………………………………………………………………………………………


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Part 2 (c ) – Registered Company 2c.1 Private or Public…………………………………………………………………………………………………

2c.2 State the Nominal and Issued Capital of Company-

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

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

2c.3 Given details of all Directors as follows

Name Nationality Citizenship Details Shares

1……………………………………………………………………………………………………………………..

2.…………………………………………………………………………………………………………………….

3.……………………………………………………………………………………………………………………

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

5……………………………………………………………………………………………………………………….

Part 3 – Eligibility Status

3.1 Are you related to an Employee, Committee Member or Board Member of Kenya Bureau of

Standards? Yes No 3.2 If answer in ‘3.1’ is YES give the relationship.…………………………………………………...

3.3 Does an Employee, Committee Member, Board Member of Kenya Bureau of Standards sit in

the Board of Directors or Management of your Organization, Subsidiaries or Joint Ventures?

Yes No

3.4 If answer in ‘3.3’ above is YES give details.

……………………………………………………………………………………………………

.…………………………………………………………………………………………………

3.5 Has your Organization, Subsidiary Joint Venture or Sub-contractor been involved

in the past directly or indirectly with a firm or any of its affiliates that have been engaged by Kenya

Bureau of Standards to provide consulting services for preparation of design, specifications and other

documents to be used for procurement of the goods under this invitation? Yes_ No

3.6 If answer in ‘3.5’ above is YES give details.

.…………………………………………………………………………………………………

………………………………………………………………………………………………….

15


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3.7Are you under a declaration of ineligibility for corrupt and fraudulent practices?

YES No

3.8 If answer in ‘3.7’ above is YES give details:

……………………………………………………………………………………………………

……………………………………………………………………………………………………

3.9 Have you offered or given anything of value to influence the procurement process?

Yes No

3.10 If answer in ‘3.9’ above is YES give details ……………………………………………………………………………………………………

………………………………………………………………………………………………….… I / W e DECLARE that the information given on this form is correct to the best of my/our

knowledge and belief and that I/We give KEBS authority to seek any other references

concerning my/our company from whatever sources deemed relevant e.g. Company Registrar's

office, Bankers etc

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

If a Kenya Citizen, indicate under “Citizenship Details” whether by Birth, Naturalization or registration.

16


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ANTI CORRUPTION AFFIDAVIT FORM

REPUBLIC OF KENYA

IN THE MATTER OF OATHS AND STATUTORY DECLARATION ACT

CHAPTER 15 OF THE LAWS OF KENYA

AND

IN THE MATTER OF THE PUBLIC PROCUREMENT AND DISPOSAL ACT, NO. 3 OF

2005.

I, …………………………………… of P. O. Box ………………………………… being a

resident of

……………………… in the Republic of Kenya do hereby make oath and state as follows: -

1. THAT I am the…………………………………………………………;

(Managing Partner/Principal Officer/Senior

Partner)of……………………………………………………… (Name of the Law Firm)

which is a Candidate in respect of Tender Number ………………… to render legal services to

Kenya Bureau of Standards and duly authorized and competent to make this Affidavit.

2. THAT the aforesaid Candidate has not been requested to pay any inducement to any member

of the Board, Management, Staff and/or employees and/or agents of Kenya Revenue

Authority, which is the procuring entity.

3. THAT the aforesaid Candidate, its servant(s) and/or agent(s) have not been offered and will

not offer any inducement to any member of the Board, Management, Staff and/or employee(s)

and/or agent(s) of Kenya Bureau of Standards.

4. THAT the aforesaid Candidate, its servant(s) and/or agent(s) have not been debarred from

any procurement process.

5. THAT what is deponed to hereinabove is true to the best of my knowledge information

and belief.

SWORN at by the said )

)

) ……………………

) DEPONENT At this

……….. day of ………………2016 )

) BEFORE ME )

)

COMMISSIONER FOR OATHS


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NATURE OF BUSINESS

DEFINATION OF BUSINESS ………………………………………………………….

Indicate whether sole proprietor, Company or partnership

Specify and give descriptive details of the goods/services you wish to render (Select from list in

Appendix A)

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

Indicate whether Manufacturers, Distributor, Retailer, Dealer or Agent, Contractor etc. If

not a manufacturer, attach a letter of authorization for the dealership, agency etc.


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DISCLOSURE

ASSOCIATE COMPANIES

A)………………………………………….. (E)…………………………………………...

B)………………………………………… (F) …………………………………………. C)

………………………………………… (G) ………………………………………… D)

……………………………………….. (H) …………………………………………

NUMBER OF STAFF EMPLOYED (I) ADVOCATES …………………….

(2) SUPPORT STAFF …………………

(Attach Organization Chart and CVs) PERIOD IN BUSINESS

………………………………………………………………… OTHER

ORGANIZATIONS/COMPANIES WHERE YOU RENDER LEGAL SERVICES A)

………………………………………………………………………………………

A) ………………………………………………………………………………………

B) ………………………………………………………………………………………

C) ………………………………………………………………………………………

D) ……………………………………………………………………………………

Give their full address and the range Legal services that you provide

(This may be done on a separate sheet)

Name(s) of Banker(s) ……………………………………………………………………

…………………………………………………………………………………………

Account Number (s)…………………………………………………………………….

TERMS OF PAYMENT

Our Payment Terms are 30 days from the date of invoice/delivery on receipt/acceptance

services.


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RANGE OF SERVICES YOU SPECIALISE IN

……………………………………………………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………………………………………………..……

………………………………………………………………………………………………………………………………………………………….….……… HAVE YOU PREVIOUSLY BEEN RENDERING LEGAL SERVICES TO KENYA

BUREAU OF STANDARDS? IF YES, WHICH CASES

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

………………………………………………………………………………………………………....

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

INDICATE THREE OF OUR INSTRUCTIONS:

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

DO YOU HAVE ANY INSTRUCTIONS WITH US? IF SO GIVE DETAILS

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

HAVE YOU EVER FAILED TO HONOUR OUR INSTRUCTIONS? IF SO GIVE DETAILS

…………………………………………………………………………………………………………

HAVE YOU EVER BEEN BLACKLISTED BY KENYA BUREAU OF STANDARDS?

YES……………………………………….. NO …………………………………………………….


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CONFLICT OF INTEREST DISCLOSURE

We/I the undersigned state that I have no conflict of interest in relation to this procurement

Signed ………………………………………………………………………………

For and on behalf of M/s …………………………………………………………………...

In the capacity of …………………………………………………………………………...

Dated this …………………………… day of ……………………….……………2009

Law Firm’s rubber Stamp ………………………………………………………..


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CRIMINAL OFFENCE DISCLOSURE

I/WE NAME OF PARTNER/PARTNERS: -

A)…………………………………………………… (B) …………………………

have not been convicted of any criminal offence relating to professional conduct or the making

of false statements or misrepresentations as to its qualifications to enter into a procurement

contract within a period of three years preceding the commencement of procurement

proceedings.

Signed ………………………………………………………………………………

For and on behalf of M/s …………………………………………………………………...

In the capacity of …………………………………………………………………………...

Dated this …………………………… day of ……………………….……………2009

Law Firm’s rubber Stamp ………………………………………………………..


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PART B (TO BE COMPLETED BY TENDERER’S PRINCIPAL OFFICER)

Format of Curriculum Vitae (CV) for Principal Officer and Five (5) Key Staff Position:

Name of Firm:

Name of Staff:

Profession:

Date of Birth:

Years with Firm: Nationality:

Membership in Professional Societies:

Law Society of Kenya:

Detailed Tasks Assigned:

Key Qualifications:

{Give an outline of staff member's experience and training most pertinent to tasks on

assignment. Describe degree of responsibility held by staff member on relevant previous

assignments and give dates and locations. }

{Summarize college/university and other specialized education of staff member, giving names of

schools, dates attended and degrees/diplomas obtained}


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Employment

Record:

{Starting with present position, list in reverse order every employment held. List all

positions held by staff members since graduation, giving dates, names of employing

organization, title of position held and location of assignments. For experience in last ten

years, also give types of activities performed and client references, where appropriate.}

Languages

:

{Indicate proficiency in speaking, reading and writing of each language: excellent, good, fair,

or poor.}

CERTIFICATION

I, the undersigned, certify that to the best of my knowledge and belief, these bio data correctly

describe me, my qualifications and my experience.

Date: Signature of Staff Member or authorized official from the firm


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Application Form REGISTRATION OF SUPPLIERS APPLICATION FORM 1/We (Firm Name) hereby apply for registration as Supplier/(s) of (Category Code No. ) Postal Address Telephone Number (fixed line) Mobile E-mail address Fax No. Town Street Building Floor Room/Office Our Other Branches / Locations Full Name of Authorized signatory Designation/position Official Rubber stamp and Signature


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Section F: Confidential Business Questionnaire

You are requested to give the particulars indicated in part 1(a) and either part 2(a), 2(b) or 2(c) whichever applies to your type of business. YOU ARE ADVISED THAT IT IS SERIOUS OFFENCE TO GIVE FALSE INFORMATION ON THIS FORM. Part 1- General:

Business Name:

Location of business premises:

Plot No:

Postal address:

Nature of business:

Current trade license: Expiring date

Maximum value of business which you can handle at any one time: Ksh.

Name of your bankers: Branch

Part 2 (a) – Sole Proprietor:

Your Name in full Age

Nationality Country of origin

Citizenship details

Part 2 (b)

Give details of partners as follows:

Name Nationality Citizenship details Shares

1.

2.

3.

4.

5.


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Part 2 (c) – Registered Company

Private or Public

State the nominal and issued capital of the company-

Nominal Ksh.

Issued Ksh.

Give details of all directors as follows

Name Nationality Citizenship details Shares

1.

2.

3.

4.

5.

Date Signature of tenderer

If Kenya citizen, indicate “citizenship details” whether by Birth, Naturalization or Registration.

(You may attach a separate sheet if more space is required. The attachment must be duly signed and

stamped.)


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Section G: Status of Compliance with Statutory Requirements

1. Certificate of Registration/Incorporation (Attach copy)

2. Valid Trade License (Attach copy)

3. State VAT Registration No. (Attach copy)

PIN No. (Attach copy)

4. Attach proof of being up to date in VAT and Income Tax Returns (Attach copy of

current Tax compliance certificate).

5. State if the company is a subject of bankruptcy proceedings, in receivership,

Administrative receivership, or any other form of liquidation as defined by the

applicable law

8. State whether you are a Manufacturer, Dealer or Appointed Distributor (Agent),

Wholesaler, Retailer, etc

9. Attach Bank statements for the last 12 months.

10. Attach copies of Audited Accounts of last 1 year.


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Section H: Financial Position & Terms of Trade

Part I Assets & Liabilities 1. Total Assets in Kshs.

2. Current Assets in Kshs.

3. Total Liabilities in Kshs.

4. Net worth (Total Assets – Total Liabilities) in Ksh.

5. Working Capital (Total Assets-Net Worth) in Ksh.

Part II Terms of Trade (Payment Terms)

KEBS would wish to work on deliveries after issuance of a Local Purchase/Service Order and payment after deliveries are made. Confirm acceptance of this: Acceptable/Not acceptable.


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Section I: Litigation/Arbitration Incidences

Litigation and Arbitration Incidences

a) Enumerate any past litigation and arbitration incidences encountered by the firm.

b) State if the company is/was a subject of bankruptcy proceedings, in

receivership, administration receivership, or any other form of liquidation as defined by the applicable law.


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Section J: Clients Details

Give details of at least 5 Reputable Organizations where you are supplying/offering these goods/services.

1. Clients Name

Address

Tel. No.

Contact person

Position in the Organization

2. Clients Name

Address

Tel. No.

Contact person


3. Clients Name

Address

Tel. No.

Contact person


4. Clients Name

Address

Tel. No.

Contact person

Position in the Organization 5. Clients Name

Address

Tel. No.

Contact person



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Section K: REGIONS/SUB REGIONS OF SUPPLY State the Regions and/or Sub-Regions where you wish to be considered for supply of these goods or services.

Region/Sub-Region Location of Regional office

Tick as appropriate

1. Nairobi Region Nairobi

2. Coast Region Mombasa

3. Mt. Kenya Region Nyeri

4. South Rift Region Nakuru

5.North Rift Region Eldoret

6. Lake Region Kisumu

7. North Eastern Region Garissa


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Section L: Declaration I/We have completed these forms accurately at the time of application and it is agreed that all responses can be substantiated if requested to do so. Any inaccuracy in the information filled herein may be used as grounds for disqualification from further processing. Signed & stamped: Name: Position in the company: Date: