tender for supply delivery and installation of laptops desktops 2013

8/14/2019 Tender for Supply Delivery and Installation of Laptops Desktops 2013

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KENYA SCHOOL OF MONETARY STUDIESP. O. Box 65041 00618, Tel: 8646000, 0727-600668, 0733-600668,Fax: 8560430, Nairobi, Kenya

E-mail:[email protected]

TENDER No. KSMS/RPOC/10/2013-2014FOR

SUPPLY, DELIVERY AND INSTALLATION OF DESKTOP AND LAPTOP COMPUTERS

(RESERVED FOR THE YOUTHS/WOMEN/DISABLED)


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CLOSING ON

26THNOVEMBER 2013 AT 10.30 A.M


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TABLE OF CONTENTS

PageINTRODUCTION. 2

SECTION I - INVITATION TO TENDER 3

SECTION II - INSTRUCTIONS TO TENDERERS. 4

APPENDIX TO INTRODUCTION TOTENDERERS

16

SECTION III - GENERAL CONDITIONS OF CONTRACT..

19

SECTION IV - SPECIAL CONDITIONS OF CONTRACT

23

SECTION V - SCHEDULE OF PARTICULARS OF TENDER

24

SECTION VI - STANDARD FORMS

28

1. FORM OF TENDER.. 292. PRICE SCHEDULE.

30


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3. CONTRACT FORM31

4. CONFIDENTIAL BUSINESSQUESTIONNAIRE FORM..

32

5. TENDER SECURITY FORM. 33

6. PERFORMANCE SECURITY FORM 347. AUTHORIZATION FORM.

35


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SECTION I INVITATION TO TENDERTENDER REF NO: KSMS/10 /2013-2014TENDER NAME: SUPPLY, DELIVERY AND INSTALLATION OF DESKTOP ANDLAPTOP COMPUTERSThe Kenya School of Monetary Studies invites sealed tenders fromeligible candidates for supply, delivery and installation of desktop andLaptop computers.Interested eligible candidates may obtain further information from

Procurement at Kenya School of Monetary Studies from Monday to Friday

between 8.00am to 5.00pm normal working hours.

Tenders must be submitted not later than 26TH NOVEMBER, 2013 AT10.30 A.M and be deposited in the Tender Boxnext to the reception onthe ground floor of KSMS Administration Block. Documents that can not

fit in the Tender Box should be delivered at the Procurement Office andregistered with the Procurement Officer. Tenders submitted late will be

rejected.

Prices quoted should be net inclusive of all taxes, must be in Kenya

Shillings, and shall remain valid for 120 days from the closing date ofthe tender.

Tenders will be opened immediately thereafter in the presence of thecandidates or their representatives who choose to attend at the Schools

Boardroom in the Administration Block.


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Executive Director (KSMS).


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SECTION II - INSTRUCTIONS TO TENDERERS

TABLE OF CLAUSEPage

2.1 Eligible Tenderers .5

2.2 Cost of Tendering5

2.3 Contents of Tender documents.5

2.4 Clarification of Tender document6

2.5 Amendments of tender Document..6

2.6 Language of Tenderers7

2.7

Documents comprising to tender..7

2.8 Form of Tender.7

2.9 Tender prices.7

2.10Tender currencies7

2.11Tenderers eligibility and qualifications7

2.12Tender security9


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2.13Validity of tenders..9

2.14Format and signing of tenders9

2.15Sealing and marking of tenders.10

2.16Deadline for submission of tenders10

2.17Modification and withdrawal of tender..10

2.18Opening of tenders..10

2.19Clarification of tenders.12

2.20Preliminary examination.13

2.21Conversion and comparison of tenders..14

2.22Evaluation and comparison of tenders.13

2.23Contacting the School .14

2.24Post qualification..14

2.25Award criteria. 14

2.26Schoolsright to vary quantities.15

2.27School s Right to accept or reject anyOr all tenders..

15


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2.28Notification of award..15

2.29Signing of Contract..15

2.30Performance security. .16

2.31Corrupt or Fraudulent practices..16

Appendix to instructions to tenderers.

16


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SECTION II - INSTRUCTIONS TO TENDERERS

2.1 Eligible Tenderers2.1.1This invitation for tenders is open to all tenderers eligible as

described in the Appendix to Instructions to Tenderers. Successful

tenderers shall be contracted for the stipulated duration from the

date of commencement (hereinafter referred to as the term)

specified in the schedule of requirements.

2.1.2The Schoolsemployees, committee members, board members andtheir relative (spouse and children) are not eligible to participate in

the tender unless where specially allowed under section 131 of the

Act.

2.1.3Tenderers shall provide the qualification statement that thetenderer (including all members of a joint venture and

subcontractors), is not associated, or have been associated in the

past, directly or indirectly, with the firm or any of its officials which

have been engaged by the School to provide consulting services for

the preparation of the design specifications and other documents

to be used for the purpose of this invitation to tender.

2.1.4Tenderers involved in corrupt or fraudulent practices or debarredfrom participating in public procurement shall not be eligible.

2.2 Eligible Goods2.2.1All goods to be supplied under the contract shall have their origin

in eligible source countries.


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2.2.2For purposes of this clause, origin means the place where thegoods are mined, grown, or produced. Goods are produced when,

through manufacturing, processing, or substantial and major

assembly of components, a commercially recognized productresults that is substantially different in basic characteristics or in

purpose or utility from its components.

2.2.3The origin of goods is distinct from the nationality of the tenderer.

2.3 Cost of Tendering2.3.1The Tenderer shall bear all costs associated with the preparation

and submission of its tender, and the School , will in no case be

responsible or liable for those costs, regardless of the conduct or

outcome of the tendering process

2.3.2The price to be charged for the tender document shall not exceedKshs.5,000/=

2.3.3The School shall allow the tenderer to review the tender documentfree of charge before purchase.

2.4 Contents of Tender Documents2.4.1 The tender documents comprise the documents listed below and

addenda issued in accordance with clause 2.7 of these instructions totenderers.

(i) Instructions to tenderers(ii) General Conditions of Contract


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(iii) Special Conditions of Contract(iv) Schedule of particulars of tender(v) Form of Tender(vi) Price Schedules(vii) Contract Form(viii) Confidential Business Questionnaire Form(ix) Tender security Form(x) Performance security Form(xi) Authorization Form(xii) Declaration form

2.4.2 The Tenderer is expected to examine all instructions, forms, terms

and particulars 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.

2.5 Clarification of tender Documents2.5.1A prospective tenderer making inquiry on the tender documents

may notify the School by post fax or by email at the Schools

address indicated in the Invitation to Tender. The School will

respond in writing to any request for clarification of the tender

documents, which it receives no later than seven (7) days prior tothe deadline for the submission of tenders, prescribed by the

School. 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 candidates who have received the tender

documents.


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2.5.2The procuring entity shall reply to any clarifications sought by thetenderer within 3 days of receiving the request to enable the

tenderer to make timely submission of its tender.

2.6 Amendment of tender Documents2.6.1 At any time prior to the deadline for submission of tenders, the

School, 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 issuing an addendum amendment.

2.6.2All prospective tenderers who have obtained the tender documentswill be notified of the amendment by post, fax or email and such

amendment will be binding on them.

2.6.3In order to allow prospective tenderers reasonable time in which totake the amendment into account in preparing their tenders, the

School, at its discretion, may extend the deadline for the

submission of tenders.

2.7Language of Tenders2.7.1 The tender prepared by the tenderer, as well as all correspondence

and documents relating to the tender exchanged by the tenderer

and the School, shall be written in English language. 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.


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2.8. Documents Comprising the Tender

2.8.1 The tender prepared by the tenderer shall comprise the followingcomponents:

(a) a Tender Form and a Price Schedule completed inaccordance with paragraph 2.8, 2.9 and 2.10 below

(b) documentary evidence established in accordance withparagraph 2.12 that the tenderer is eligible to tender and is

qualified to perform the contract if its tender is accepted;

(c) tender security furnished in accordance with paragraph2.12

2.9. Form of Tender2.9.1 The tenderer shall complete the Form of Tender and the Price

Schedules furnished in the tender documents, indicating the

particulars of the tender.

2.10.Tender Prices2.10.1 The tenderer shall indicate on the Price Schedules the unit

prices and total tender price of the particular of tender under

the contract.

2.10.2 Prices indicated on the Price Schedule shall be the amounts tobe paid by the tenderer to the School for the particulars of the

tender under the contract.


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2.10.3 Prices quoted by the tenderer shall remain fixed during theterm of the contract unless otherwise agreed by the parties. A

tender submitted with an adjustable price quotation will be

treated as non-responsive and will be rejected, pursuant toparagraph 2.20.5

2.11.Tender Currencies2.11.1Prices shall be quoted in Kenya Shillings unless otherwise stated

in the appendix.

2.12Tenderers Eligibility and Qualifications2.12.1 Pursuant to paragraph 2.1.1 and 2.1.2 the tenderer shall furnish,

as part of its tender, documents establishing the tenderers

eligibility to tender and its qualifications to perform the contract if

its tender is accepted.

2.12.2 The documentary evidence of the tenderers eligibility to tender

shall establish to the Kenya School of Monetary Studies

satisfaction that the tenderer, at the time of submission of its

tender, is from an eligible source country as defined under

paragraph 2.1.

2.12.3 The documentary evidence of the tenderers qualifications toperform the contract if its tender is accepted shall establish to

the Kenya School of Monetary Studies satisfaction:

(a)That, in the case of a tenderer offering to supply goods underthe contract which the tenderer did not manufacture or


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otherwise produce, the tenderer has been duly authorized by

the goods manufacturer or producer to supply the goods.

(b)That the tenderer has the financial, technical, and productioncapability 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

Tenderers maintenance, repair, and spare parts-stocking

obligations prescribed in the Conditions of Contract and/or

Technical Specifications.

2.13Goods Eligibility and Conformity to Tender Document2.13.1 Pursuant to paragraph 2.2 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 which the tenderer

proposes to supply under the contract.

2.13.2 The documentary evidence of the eligibility of the goods shallconsist of statement in the Price Schedule of the country of origin

of the goods and services offered which shall be confirmed by a

certificate of origin issued at the time of shipment.

2.13.3 The documentary evidence of conformity of the goods to thetender documents may be in the form of literature, drawings, and

data, and shall consist of:

(a)A detailed description of the essential technical andperformance characteristic of the goods.


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(b)A list giving full particulars, including available source andcurrent prices of spare parts, special tools, etc., necessary for

the proper and continuing functioning of the goods for a period

of two (2) years, following commencement of the use of thegoods by the procuring entity.

(c) A clause-by-clause commentary on the Kenya School ofMonetary Studies Technical Specifications demonstrating

substantial responsiveness of the goods and service to those

specifications, or a statement of deviations and exceptions to

the provisions of the Technical Specifications.

2.13.4 For purposes of the commentary to be furnished pursuant toparagraph 2.13.3(c ) above, the tenderer shall note that standards

for workmanship, material, and goods, 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 entitys

satisfaction that the substitutions ensure substantial equivalence to

those designated in the Technical Specifications.

2.14 Tender Security2.14.1 The tenderer shall furnish, as part of its tender, a tender security

for the amount and form specified in the Appendix to Instructions toTenderers.

2.14.2 The tender security shall be in the amount not exceeding 2per cent of the tender price


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2.14.3 The tender security is required to protect the School againstthe risk of Tenderers conduct which would warrant the securitys

forfeiture, pursuant to paragraph 2.14.7

2.14.4 The tender security shall be denominated in Kenya Shillings orin another freely convertible currency, and shall be in the form of

a)Cash.b)A bank guarantee.c) Such insurance guarantee approved by the authority.d)Letter of credit.

2.14.5 Any tender not secured in accordance with paragraph 2.14.1.and 2.14.3 will be rejected by the School as non-responsive,

pursuant to paragraph 2.20.5

2.14.6 Unsuccessful Tenderers tender security will be discharged orreturned as promptly as possible but not later than thirty (30) daysafter the expiration of the period of tender validity

2.14.7 The successful Tenderers tender security will be dischargedupon the tenderer signing the contract, pursuant to paragraph

2.29, and furnishing the performance security, pursuant to

paragraph 2.30

2.14.8 The tender security may be forfeited:(a) if a tenderer withdraws its tender during the period of tender

validity

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


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(i) to sign the contract in accordance with paragraph 2.29 or(ii) to furnish performance security in accordance with

paragraph 2.30

(c) If the tenderer rejects a correction of an arithmetic error in thetender.

2.15 Validity of Tenders2.15.1 Tenders shall remain valid for 120 days after date of tender

opening pursuant to paragraph 2.18. A tender valid for a shorter period

shall be rejected by the School as non-responsive.

2.15.2 In exceptional circumstances, the School may solicit theTenderers 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 2.12 shall also be

suitably extended. A tenderer granting the request will not be

required nor permitted to modify its tender.

2.16Format and Signing of Tenders2.16.1 The tenderer shall prepare an original and a copy 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.

2.16.2 The original and all copies of the tender shall be typed orwritten 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


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literature, shall be initialed by the person or persons signing the

tender.

2.16.3 The tender shall have no interlineations, erasures, oroverwriting except as necessary to correct errors made by the

tenderer, in which case such corrections shall be initialed by the

person or persons signing the tender.

2.17Sealing and Marking of Tenders

2.17.1 The tenderer shall seal the original and the copy of the tender inseparate envelopes, duly marking the envelopes as ORIGINAL TENDER

and COPY OF TENDER. The envelopes shall then be sealed in an outer

envelope.

2.17.2 The inner and outer envelopes shall:

(a)

be addressed to the School at the address given in the Invitationto Tender

(b) bear tender number and name in the Invitation to Tender and thewords, DO NOT OPEN BEFORE 26th NOVEMBER 2013 at 10 30am

2.17.3 The inner envelopes shall also indicate the name and addressof the tenderer to enable the tender to be returned unopened in

case it is declared late.

2.17.4 If the outer envelope is not sealed and marked as required byparagraph 2.17.2, the School will assume no responsibility for the

tenders misplacement or premature opening.


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2.18.Deadline for Submission of Tenders2.18.1 Tenders must be received by the School at the address

specified under paragraph 2.17.2 no later than 26th NOVEMBER2013 at 10.30am2.18.2 The School may, at its discretion, extend this deadline for the

submission of tenders by amending the tender documents in

accordance with paragraph 2.6.3 in which case all rights and

obligations of the School and candidates previously subject to the

deadline will thereafter be subject to the deadline as extended.

2.18.3 Bulky tenders which will not fit in the tender box shall bereceived by the School as provided for in the appendix.

2.19.Modification and Withdrawal of Tenders

2.19.1 The tenderer may modify or withdraw its tender after thetenders submission, provided that written notice of the

modification, including substitution or withdrawal of the tenders,

is received by the School prior to the deadline prescribed for

submission of tenders.

2.19.2 The tenderers modification or withdrawal notice shall beprepared, sealed, marked and dispatched in accordance with theprovisions of paragraph 2.17. A withdrawal notice may also be

sent by fax or email but followed by a signed confirmation copy,

postmarked not later than the deadline for submission of tenders.


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2.19.3 No tender may be modified after the deadline for submissionof tenders.

2.19.4 No tender may be withdrawn in the interval between thedeadline for submission of tenders and the expiration of the period

of tender validity. Withdrawal of a tender during this interval may

result in the Tenderers forfeiture of its tender security, pursuant to

paragraph 2.14.8.

2.19.5 The procuring entity may at any time terminate procurementproceedings before contract award and shall not be liable to any

person for the termination.

2.19.6 The procuring entity shall give prompt notice of thetermination to the tenderers and on request give its reasons for

termination within 14 days of receiving the request from any

tenderer.

2.20Opening of Tenders2.20.1 The School will open all tenders in the presence of tenderers

representatives who choose to attend, at 26th FEBRUARY 2013 at

10.30am and in the location specified in the Invitation of tender. The

tenderers representatives who are present shall sign a register

evidencing their attendance

2.20.2 The tenders names, tender modifications or withdrawals,tender prices, discounts, and the presence or absence of requisite

tender security and such other details as the School , at its


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discretion, may consider appropriate, will be announced at the

opening.

2.20.3 The School will prepare minutes of the tender opening, whichwill be submitted to tenderers that signed the tender opening

register and will have made the request.

2.21 Clarification of Tenders2.21.1 To assist in the examination, evaluation and comparison of

tenders the School may, at its discretion, ask the tenderer for aclarification 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.

2.21.2 Any effort by the tenderer to influence the School in the Schools

tender evaluation, tender comparison or contract award decisions

may result in the rejection of the tenderers tender.

2.22Preliminary Examination and Responsiveness2.22.1 The School 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 tendersare generally in order.

2.22.2 Arithmetical errors will be rectified on the following basis. Ifthere is a discrepancy between the unit price and the total price

that is obtained by multiplying the unit price and quantity, the unit


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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 forfeited. If there is a

discrepancy between words and figures, the amount in words willprevail

2.22.3 The School 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.

2.22.4 Prior to the detailed evaluation, pursuant to paragraph 2.20, the

School 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 School s determination of a tenders responsiveness is to be

based on the contents of the tender itself without recourse to extrinsicevidence.

2.22.5 If a tender is not substantially responsive, it will be rejected bythe School and may not subsequently be made responsive by the

tenderer by correction of the nonconformity.

2.23. Conversion to single currency2.23.1 Where other currencies are used, the School will convert those

currencies to Kenya Shillings using the selling exchange rate on

the date of tender closing provided by the Central Bank of Kenya.


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2.24Evaluation and Comparison of Tenders2.24.1 The School will evaluate and compare the tenders which have

been determined to be substantially responsive, pursuant toparagraph 2.22

2.24.2 A tenderer who gives false information in the tenderdocument about its qualification or who refuses to enter into a

contract after notification of contract award shall be considered for

debarment from participating in future public procurement.

2.25.Contacting the School2.25.1 Subject to paragraph 2.21 no tenderer shall contact the School on

any matter relating to its tender, from the time of the tender

opening to the time the contract is awarded.

2.25.2 Any effort by a tenderer to influence the School in its decisions ontender evaluation, tender comparison, or contract award may

result in the rejection of the Tenderers tender.

2.26award of contract(a) Post-qualification

2.26.1 The School will verify and 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.


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2.26.2 The determination will take into account the tenderer financial

and technical capabilities. It will be based upon an examination of

the documentary evidence of the tenderers qualifications submitted

by the tenderer, pursuant to paragraph 2.12.3, as well as suchother information as the School deems necessary and appropriate

2.26.3 An affirmative determination will be a prerequisite for award of

the contract to the tenderer. A negative determination will result

in rejection of the Tenderers tender, in which event the School

will proceed to the next lowest evaluated tender to make a similar

determination of that Tenderers capabilities to performsatisfactorily.

(b) AwardCriteria2.26.4 Subject to paragraph 2.29 the School will award the contract to

the successful tenderer whose tender has been determined to be

substantially responsive and has been determined to be the lowestevaluated tender, provided further that the tenderer is determined

to be qualified to perform the contract satisfactorily.

(c) Procuring entitys Right to Vary quantities2.26.5 The Procuring entity reserves the right at the time of contract

award to increase or decrease the quantity of goods originallyspecified in the Schedule of requirements without any change in

unit price or other terms and conditions.

(d) The Schoolsright to accept or reject any or all tenders


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2.26.6 The School 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 theaffected tenderer or tenderers of the grounds for the School s

action. If the School determines that none of the tenders is

responsive, the School shall notify each tenderer who submitted a

tender.

2.27Notification of Award2.27.1 Prior to the expiration of the period of tender validity, the School

will notify the successful tenderer in writing that its tender has

been accepted.

2.27.2 The notification of award will constitute the formation of the

contract subject to the signing of the contract between the

tenderer and the School pursuant to clause 2.28. Simultaneouslythe unsuccessful tenderers shall be notified that their tenders

have been unsuccessful.

2.27.3 Upon the successful Tenderers furnishing of the performance

security pursuant to paragraph 2.29, the School will promptly

notify each unsuccessful Tenderer and will discharge its tender

security, pursuant to paragraph 2.14

2.8Signing of Contract2.28.1 At the same time as the School notifies the successful tenderer

that its tender has been accepted, the School will simultaneously


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inform the other tenderers that their tenders have not been

successful.

2.28.2 Within fourteen (14) days of receipt of the Contract Form, thesuccessful tenderer shall sign and date the contract and return it to

the School.

2.28.3 The contract will be definitive upon its signature by the twoparties.

2.28.4 The parties to the contract shall have it signed within 30 daysfrom the date of notification of contract award unless there is an

administrative review request.

2.29Performance Security2.29.1 The successful tenderer shall furnish the performance security in

accordance with the Appendix to instructions to tenders, in a formacceptable to the School.

2.29.2 Failure by the successful tenderer to comply with the

requirement of paragraph 2.26 or paragraph 2.29.1 shall constitute

sufficient grounds for the annulment of the award and forfeiture of

the tender security, in which event the School may make the award

to the next lowest evaluated tender or call for new tenders.

2.30Corrupt or Fraudulent Practices2.30.1 The School requires that tenderers observe the highest

standard of ethics during the procurement process and execution


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of contracts. A tenderer shall sign a declaration that he has not and

will not be involved in corrupt or fraudulent practices.

2.30.2 The School will reject a proposal for award if it determinesthat the tenderer recommended for award has engaged in corrupt

or fraudulent practices in competing for the contract in question

2.30.3 Further a tenderer who is found to have indulged in corrupt orfraudulent practices risks being debarred from participating in

public Procurement in Kenya.

Appendix to Instructions to TenderersThe following information for of services supplement, or amend, the

provisions on the instructions to tenderers. Wherever there is a conflict

between the provisions of the instructions to tenderers and the

provisions of the appendix, the provisions of the appendix herein shall

prevail over those of the Instructions to Tenderers.

INSTRUCTIONSTOTENDERERSREFERENCE

PARTICULARS OF APPENDIX TOINSTRUCTIONS TO TENDERS

2.1.1 Particulars of eligibility and qualifications

documents of evidence required.

(a)Certificate of incorporation(b)Tax compliance certificate(c)PIN Certificate


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(d)VAT Registration(e)Company Profile using Business

Questionnaire

(f)Letter of authorized dealership frommanufacturer of proposed items.

2.18.1 26thNOVEMBER 2013 at 10.30 am.2.20.1 As in 2.18.1 above

2.27.1 N/A

SECTION III - GENERAL CONDITIONS OF CONTRACTTABLE OF CLAUSES

Page3.1 Definitions

213.2 Application

21

3.3 Standards..21

3.4 Use of Contract documents and information 21

3.5 Patent rights.22

3.6 Performance security22


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3.7 Delivery of services and documents.23

3.8 Payment23

3.9 Prices.23

3.10Assignment.23

3.11Termination for default.23

3.12Termination for insolvency 24

3.13Termination for convenience25

3.14Resolution of disputes..25

3.15Governing language.25

3.16Applicable law..25

3.17Force Majeure.25

3.18Notices .25


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SECTION III GENERAL CONDITIONS OF CONTRACT

3.1. Definitions3.1.1In this Contract, the following terms shall be interpreted as

indicated:

(a) The Contract means the agreement entered intobetween the School and the tenderer, as recorded in

the Contract Form signed by the parties, including all

attachments and appendices thereto and alldocuments incorporated by reference therein.

(b) The Contract Price means the price payable to theSchool under the Contract by the tenderer for the full

and proper performance of the contractual obligations

(c) The School means the organization offering theparticulars of the tender under this Contract

(d)

The Contractor means the organization or firmprocuring the particulars of tender under this

Contract.

(e) GCC means the General Conditions of Contract(f) SCC means the Special Conditions of Contract(g) Day means calendar day

3.2. Application3.2.1These General Conditions shall apply to the extent that they are not

superceded by provisions of other part of the contract


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3.3 Country of Origin3.3.1For purposes of this clause, Origin means the place where the

goods were mined, grown or produced.

3.3.2The origin of Goods and Services is distinct from the nationality ofthe tenderer and will be treated thus in the evaluation of the

tender.

3.4 Standards3.4.1 The services provided under this Contract shall conform to the

standards mentioned in the schedule of particulars of the tender.

3.5 Use of Contract Documents and Information3.5.1 The Contractor shall not, without the Schools prior written

consent, disclose the Contract, or any provision therefore, or any

specification, plan, drawing, pattern, sample, or information

furnished by or on behalf of the School in connection therewith, to

any person other than a person employed by the contractor in the

performance of the Contract.

3.5.2The Contractor shall not, without the Schools prior writtenconsent, make use of any document or information enumerated in

paragraph 2.4.1 above.

3.5.3Any document, other than the Contract itself, enumerated inparagraph 2.4.1 shall remain the property of the School and shall

be returned (all copies) to the School on completion of the


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contractors performance under the Contract if so required by the

School.

3.6. Patent Rights3.6.1The Contractor shall indemnify the School against all third-party

claims of infringement of patent, trademark, or industrial design rights

arising from use of the services under the contract or any part thereof.

3.7 Performance Security3.7.1 Within twenty eight (28) days of receipt of the notification of

Contract award, the successful tenderer shall furnish to the School

the performance security where applicable in the amount specified

in SCC

3.7.2The proceeds of the performance security shall be payable to theSchool as compensation for any loss resulting from the Tenderersfailure to complete its obligations under the Contract.

3.7.3The performance security shall be denominated in the currency ofthe Contract, or in a freely convertible currency acceptable to the

School and shall be in the form of:

(a)Cash.(b)

A bank guarantee.

(c)Such insurance company guarantee approved by the Authority.(d)A letter of credit.

3.7.4The performance security will be discharged by the School andreturned to the Contractor not later than thirty (30) days following

the date of completion of the Contractors performance of


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obligations under the Contract, including any warranty obligations,

under the Contract.

3.8 Inspection and Tests3.8.2The 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.

3.8.3The inspections and tests may be conducted in the premises of thetenderer. 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.

3.8.4Should any inspected or tested goods fail to conform to theSpecifications, the Procuring entity may reject the goods, and the

tenderer shall either replace the rejected goods or make alterationsnecessary to make specification requirements free of costs to the

Procuring entity.

3.8.5The Kenya School of Monetary Studies right to inspect test andwhere necessary, reject the goods after the goods arrival and

installation 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.

3.8.6Nothing in paragraph 3.8 shall in any way release the tenderer fromany warranty or other obligations under this Contract.

3.9Packing


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3.9.2The tenderer shall provide such packing and packaging of thegoods as is required to prevent their damage or deterioration

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

3.9.3The packing, marking, and documentation within and outside thepackages shall comply strictly with such special requirements as

shall be expressly provided for in the Contract

3.10Delivery of services and Documents3.10.1 Delivery of the services shall be made by the Contractor in

accordance with the terms specified by the School in the schedule

of requirements and the special conditions of contract

3.11 Insurance3.11.2 The goods supplied under the Contract shall be fully insured

against loss or damage incidental to manufacturer or acquisition,

transportation, storage, and delivery in the manner specified in the

Special conditions of contract.

3.12Payment3.12.1 The method and conditions of payment to be made to the School

under this Contract shall be specified in the SCC

3.12.2 Payments shall be made promptly by the Procuring entity asspecified in the contract.

3.13Prices


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3.13.1 Prices charged by the School for particulars provided under the

Contract shall not, with the exception of any price adjustments

authorized in SCC vary from the prices quoted by the Contractor in itstender or in the School s request for tender validity extension as the

case may be. No variation in or modification to the terms of the

contract shall be made except by written amendments signed by the

parties.

3.13.2 Contract price variations shall not be allowed for contract notexceeds one year (12 months)

3.13.3 Where contract price variation is allowed, the variation shallnot exceed 10% of the original contract price.

3.13.4 Price variation requests shall be processed by the Schoolwithin 30 days of receiving the request.

3.14.Assignment3.14.1 The Contractor shall not assign, in whole or in part, its

obligations under this Contract, except with the Schools prior

written consent.

3.15Subcontracts3.15.1 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


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not relieve the tenderer from any liability or obligation under the

Contract.

3.16 Termination for Default3.16.1 The School may, without prejudice to any other remedy for breach

of Contract, by written notice of default sent to the Contractor

terminate this Contract in whole or in part:

(a) If the Contractor fails to provide any or all of the services withinthe period(s) specified in the Contract, or within any extensionthereof granted by the School.

(b) If the Contractor fails to perform any other obligation(s) underthe Contract

(c) If the Contractor in the judgment of the School has engaged incorrupt or fraudulent practices in competing for or in executingthe contract

3.16.2 In the even the School terminates the contract in whole or inpart, it may procure, upon such terms and in such manner as it

deems appropriate, services similar to those un-delivered, and the

Contractor shall be liable to the School for any excess costs for

such similar services. However the contractor shall continueperformance of the contract to the extent not terminated.

3.17.Termination for insolvency


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3.17.1 The School may at any time terminate the contract by givingwritten notice to the Contractor if the contractor becomes bankrupt

or otherwise insolvent. In this event, termination will be without

compensation to the contractor, provided that such termination willnot prejudice or affect any right of action or remedy, which has

accrued or will accrue thereafter to the School.

3.18.Termination for convenience3.18.1 The School by written notice sent to the contractor, may

terminate the contract in whole or in part, at any time for itsconvenience. The notice of termination shall specify that the

termination is for the Schools convenience, the extent to which

performance of the contractor under the contract is terminated and

the date on which such termination becomes effective.

3.18.2 For the remaining part of the contract after termination theSchool may elect to cancel the services and pay to the contractor anagreed amount for partially completed services.

3.19Resolution of Disputes3.19.1 The School and the contractor shall make every effort to resolve

amicably by direct informal negotiations any disagreement or disputes

arising between them under or in connection with the contract

3.19.1 If after thirty (30) days from the commencement of suchinformal negotiations both parties have been unable to resolve

amicably a contract dispute either party may require that the


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dispute be referred for resolution to the formal mechanisms

specified in the SCC.

3.20.Governing Language3.20.1. The contract shall be written in the English language. All

correspondence and other documents pertaining to the contract,

which are exchanged by the parties, shall be written in the same

language.

3.21Applicable Law3.21.1 The contract shall be interpreted in accordance with the laws of

Kenya unless otherwise specified in the SCC.

3.22Force Majeure

3.22.1 The Contractor shall not be liable for forfeiture of its performancesecurity, 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.

3.23Notices

3.23.1 Any notices given by one party to the other pursuant to thiscontract shall be sent to the other party by post, Fax or Email and

confirmed in writing to the other partys address specified in the

SCC.


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3.23.2 A notice shall be effective when delivered or on the noticeseffective date, whichever is later.

SECTION IV - SPECIAL CONDITIONS OF CONTRACT4.1 Special condition of contract shall supplement the General

Conditions of Contract. Whenever there is a conflict between the

GCC and the SCC, the provisions of the SCC herein shall prevail

over those in the GCC.

4.2 Special Conditions of Contract as relates to the GCC.REFERENCE OFGCC

SPECIAL CONDITIONS OF CONTRACT

3.12.1 Payment of the contract will be made to the

contractor on completion of Supply,

Installation and Commissioning of all theequipment.

Price adjustments will not be allowed.

3.18.1 Both parties shall agree on the appointment

of an arbitrator for the resolution of any

disputes, failure to concur, the arbitrators

shall be appointed by the chairman or vice

chairman of the Institute of Arbitrators

Kenya Branch.

3.21 The contract shall be governed by the laws

of Kenya.


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SPECIFICATIONS AND REQUIREMENTSSuppliers must complete the tables below accurately and completely,

attach any required information e.g. manufacturer authorization letter,proforma Comprehensive Service Agreement and staff CVs, and

optionally attach any additional brochures that may provide additional

information. Failure to provide information in the tabulated format given

below may lead to the tender not being considered.

Bidder may quote for any of the items.This means that each item will be

evaluated and awarded independently

1. Desktop for the new library specifications (70 units required)

Feature Minimum specificationsof required workstation

Specifications /compliance of proposedworkstation

Equivalence Branded (Lenovo, Dell, HPetc.)

Processor Intel Core i7 3.40GHzMemory 6 GB 1333 MHz DDR3Storage 500GB 7200RPM Hard

Disk

NetworkInterface

Gigabit Ethernet

Wireless Connectivity

Optical DVD+/- RW


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DriveAudio Integrated High Definition

Audio

Video Card NVidia/AMD RadeonForm Factor MinitowerInput Device Manufacturer Specified

Keyboard (English) and

USB Optical Mouse

Monitor Manufacturer 19 inch LCD(16:9 ratio)

OperatingSystem

Genuine Windows 7

professional with

Recovery in DVDs or

Hard disk Partition

Warranty 1 Year Manufacturer

Price and Delivery

Item Supplier Response

Unit Price of desktop and Accessories

Total price of 50 desktops and

accessories

Delivery period in weeks from receipt

of LPO


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2. Specifications for High End Laptop (Research and specialized use)20 required

Please complete the tables below as accurately as possible. The tableswill be the primary reference for evaluation purposes and incomplete

data may result in the bid being declared incomplete. References in the

table such as see attached are unacceptable. In addition to the tables,

a bidder may attach additional supporting information and brochures.

GeneralItem Minimum Specification Supplier ProposedSpecificationMake and Model Lenovo ThinkPad W520

427637U or equivalent

System Type NotebookOperating System Microsoft Windows 7

Professional 64-bit

EditionManufacturerWarranty

3 years warranty

Processor / ChipsetItem Minimum Specification Supplier Proposed

SpecificationCPU Intel Core i7 (2nd Gen) /

2.7 GHz

Number of Cores Quad-CoreCache L3 - 6 MB64-bit Computing Yes
http://amzn.to/utssAXhttp://amzn.to/utssAXhttp://amzn.to/utssAXhttp://amzn.to/utssAX


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Chipset Mobile Intel QM67Express

PlatformTechnology

Intel vPro Technology

MemoryItem Minimum Specification Supplier SpecificationRAM 8 GB ( 2 x 4 GB )Technology DDR3 SDRAMSpeed 1333 MHz / PC3-10600StorageItem Minimum Specification Supplier SpecificationHard Drive 500 GB HDD / 7200 rpmInterface Serial ATA-300Optical Drive Blu-ray Reader / DVD-

Writer

DisplayItem Minimum Specification Supplier SpecificationType 15.6"LCD BacklightTechnology

LED backlight

Resolution 1920 x 1080 ( Full HD )Widescreen YesImage AspectRatio

16:9

Features 95% color gamut, anti-glare


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Audio VideoItem Minimum Specification Supplier SpecificationGraphicsProcessor PCI Express x16 - NVIDIAQuadro 1000M / Intel HD

Graphics 3000 - 2 GB

Video SystemFeatures

NVIDIA Optimus

Camera Integrated webcamResolution 0.92 MegapixelCaptureResolutions 1280 x 720Sound Stereo speakers , stereo

microphone

CompliantStandards

High Definition Audio

InputItem Minimum Specification Supplier SpecificationType Keyboard, TrackPointFeatures Spill-resistant, multi-

touch touchpad

CommunicationsItem Minimum Specification Supplier SpecificationWireless 802.11n, Bluetooth 3.0WirelessController

Intel Centrino Advanced-

N 6205

Network Interface Gigabit Ethernet


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BatteryItem Minimum Specification Supplier SpecificationTechnology 9-cell lithium ionRun Time Up to 10.8 hoursConnectionsItem Minimum Specification Supplier SpecificationSlots 1 x ExpressCard/34Interfaces 2 x USB 3.0

USB 2.0/eSATA

PoweredUSB 2.0

4-pin FireWireVGA

DisplayPort

LAN

Modem

Headphone/microphonecombo jack

Memory CardReader

4 in 1 ( SD Card,

MultiMediaCard, SDHC

Memory Card, SDXC

Memory Card )

Components and AccessoriesItem Minimum Specification Supplier SpecificationAC Adapter AC 120/230 V ( 50/60

Hz ), 170 Watt

Mouse Branded USB Mouse


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(Same brand as laptop

Carrying Case Original branded carryingcase (Same brand as

laptop)Price and DeliveryItem Supplier ResponseUnit Price of Laptop and Accessories

Total price of 10 laptops and accessories

Delivery period in weeks from receipt of LPO

Warranty 1 Year Manufacturer


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EVALUATION CRITERIAMANDATORY REQUIREMENTS (MR) TO QUALIFYThe following mandatory requirements must be met notwithstanding other

requirements before the applicant is qualified for further evaluation as per

technical specifications


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NO REQUIREMENTS PPLIC NTSRESPONSE

MR 1 Provide documentary evidence of the biddercompanys certificate ofincorporation/registration (legal structure)

MR 2 Provide certified copy of the companyscurrent certificate of Tax compliance issued byKenya Revenue Authority (KRA)

MR 3 Submit a completed companys profile usingthe confidential Business questionnaireattached.

MR 4 Evidence of Registration as a disadvantagegroup with the relevant authority.

MR 5 Certified Copy of PIN (Personal IdentificationNumber)

MR 6 Certified Copy of VAT (Value Added Tax)certificate of registration


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SECTION VI - STANDARD FORMSNotes on the sample Forms1. Form of Tender- The form of Tender must be completed by thetenderer and submitted with the tender documents. It must also be duly

signed by duly authorized representatives of the tenderer.

2. Price Schedule Form - The price schedule form must similarlybe completed and submitted with the tender.

3. Contract Form - The contract form shall not be completed bythe tenderer at the time of submitting the tender. The contract form

shall be completed after contract award and should incorporate the

accepted contract price.

4. Confidential Business Questionnaire Form- This form must becompleted by the tenderer and submitted with the tender documents.

5. Tender Security Form - When required by the tenderdocuments the tenderer shall provide the tender security either in the

form included herein or in another format acceptable to the School. The

tender security form must be completed by the tender and submitted

with the tender.

6. Performance security Form - The performance security formshould not be completed by the tenderers at the time of tender

preparation. Only the successful tenderer will be required to provide

performance security in the form provided herein or in another form

acceptable to the School.


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7. Authorization Form - When required by the tender documentsthis form must be completed and submitted with the tender documents.

This form will be completed by the principal where the tenderer is anagent.


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Form of Tender

To: Date

Name and address of School

Tender No.Tender Name

Gentlemen and/or Ladies:-

4 Having examined the Tender documents including Addenda No.(Insert numbers) .. the receipt of which is hereby duly

acknowledged, we the undersigned, offer to procure (the particulars

of the tender) under this tender in conformity with the said Tenderdocument 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.

5

We undertake, if our Tender is accepted, to abide by the conditionsof the tender.

6 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.

7 This Tender, together with your written acceptance thereof and yournotification of award, shall constitute a Contract between us subject

to the signing of the contract by both parties.


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8 We understand that you are not bound to accept the lowest or anytender you may receive.

Dated this day of 2005

[Signature] [In the capacity of]

Duly authorized to sign Tender for and on behalf of


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Price Schedule Form

ITEM NO. PARTICULRS OF TENDER

BEING OFFERED

QUOTED PRICE

(KSHS.)

1.

2.

3.

4.

5.

Signature of tender


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(Modify as necessary)


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Contract Form

THIS AGREEMENT made the day of 20 between [name ofProcurement entity] of [country of Procurement entity] (hereinafter called

the School) of the one part and [name of tenderer] of [city and country

of tenderer] (hereinafter called the tenderer) of the other part:

WHEREAS the School invited tenders for the GPA cover and has accepted

a tender by the tenderer for the supply of the services in the sum of

[contract pricein words in figures] (hereinafter called the Contract Price).

NOW THIS AGREEMENT WITNESSTH AS FOLLOWS:-

1. In this Agreement words and expressions shall have the same

meanings as are respectively assigned to them in the Conditions of

Contract referred to.2. The following documents shall be deemed to form and be read and

construed as part of this Agreement, viz:

(a) the Tender Form and the Price Schedule submitted by thetenderer;

(b) the Schedule of Requirements(c) the Details of cover(d)

the General Conditions of Contract

(e) the Special Conditions of Contract; and(f) the School s Notification of Award

3. In consideration of the payments to be made by the School to the

tenderer as hereinafter mentioned, the tenderer hereby covenants with


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the School to provide the GPA cover and to remedy defects therein in

conformity in all respects with the provisions of the Contract.

4. The School hereby covenants to pay the tenderer in consideration

of the provision of the services and the remedying of defects therein, theContract Price or such other sum as may become payable under the

provisions of the contract at the times and in the manner prescribed by

the contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be

executed in accordance with their respective laws the day and year first

above written

Signed, sealed, delivered by the (for the School)

Signed, sealed, delivered by the (for the tenderer) in the

presence of

CONFIDENTIAL BUSINESS QUESTIONNAIRE

You are requested to give the particular indicated in Part 1 and

either Part 2(a), 2(b), or 2(c)

Which ever applies to your type of business?

You are advised that it is a serious offence to give false informationon this Form.

Part General:

Business Name


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Location of business premises

.

Plot No. .. Street/Road

.Postal Address .. Tel. No. ..Fax

Email ...

Nature of business

.

Registration Certificate No.

..

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

Name of your bankers .. Branch

Part 2(a) Sole Proprietor:

Your name in full . Age

.Nationality .. Country of origin

..

Citizenship

details..

Party 2(b) Partnership

Give details of partners as follows

Name Nationality Citizenship Details

Shares


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1.

2.

3.

..

4.

..

5.

.

Part 2(c) Registered Company:

Private or public..

State the nominal and issued capital of the company

Nominal Kshs.

Issued Kshs.

Give details of all directors as follows

Name Nationality Citizenship Details

Shares1.


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2.

3.

..

4.

..

5.

.

Date.. Signature of Tenderer

..

TENDER SECURITY FORMWhereas [name of Bidder] (hereinafter called hassubmitted its bid dated [date of submission of bid] for [particulars]

(hereinafter called ).

KNOW ALL PEOPLE by these presents that WE [name of bank] of [name of

country], having our registered office at [name of School] (hereinafter

called in the sum of [state the amount] for which payment

well and truly to be made to the said School, the Bank binds itself, itssuccessors, and assigns by these presents. Sealed with the Common

Seal of the said Bank this day of 20

THE CONDITIONS of this obligation are:-


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1. If the tenderer withdraws its tender during the period of tender

validity specified by the School on the Form; or

2. If the tender, having been notified of the acceptance of its tender

by the School during the period of tender validity

(a) Fails or refuses to execute the Contract Form, if required; or(b) Fails or refuses to furnish the performance security, in

accordance with the Instructions to tenders.

(c) Refuses correction of arithmetic errors in the tender.We undertake to pay to the School up to the above amount upon receive

of its first written demand, without the School having to substantiate its

demand, provided that in its demand the School will note that the

amount claimed by its is due to it, owing to the occurrence of one or

both of the conditions, specifying the occurred condition(s)

This tender guarantee will remain in force up to and including thirty (30)

days after the period of tender validity, and any demand in respect

thereof should reach the Bank not later than the above date

[Signature of the Bank]

(Amend accordingly if provided by Insurance Company)


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PERFORMANCE SECURITY FORMTo: .

[Name of School]

WHEREAS . [Name of tenderer]

(Hereinafter called the tenderer) has undertaken, in pursuance of

Contract No. [Reference number of the contract] dated

20 to supply

.

[Description of materials and spares] (Hereinafter called the Contract)

AND WHEREAS it has been stipulated by you in the said Contract that the

tenderer shall furnish you with a bank guarantee by a reputable bank for

a sum specified therein as security for compliance with the Tenderers

performance obligations in accordance with the Contract

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

THERFEFORE WE hereby affirm that we are Guarantors and responsible to

you, on behalf of the tenderer, up to a total of

[amount of the guarantee in words and figures], and we undertake to pay

you, upon your first written demand declaring the tenderer to be in

default under the Contract and without cavil or argument, any sum of

sums within the limits of

[Amount of guarantee] as aforesaid, without your needing to prove or toshow grounds or reasons for your demand or the sum specified therein.

This guarantee is valid until the day of 20


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Signature and seal of the Guarantors[Name of bank of financial institution]

[Address]

[Date]

(Amend accordingly if provided by Insurance Company)


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AUTHORIZATION FORM

To [name of the School] ..

WHEREAS

[Name of the principal]

Who are established and reputation dealers in [Type

of business] having registered offices at

. [Address of principal]do hereby authorizing [Name and address of tenderer] to

submit a tender, [reference of the tender] for the stated (particulars of

tender).

We hereby extend our full guarantee and warranty as per the General

Conditions of Contract for the services to be provided against this

Invitation for Tenders.

[Signature for and on behalf of the principal]

Note: This letter of authority should be on the letterhead of the

principal and should be signed by a competent person.


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LETTER OF NOTIFICATION OF AWARDAddress of School

__________________________________________

To:

RE: Tender No.

Tender Name

This is to notify that the contract/s stated below under the above

mentioned tender have been awarded to you.

1.SUPPLY acknowledge receipt of this letter of notification signifyingyour acceptance.

2.The contract/contracts shall be signed by the parties within 30 daysof the date of this letter but not earlier than 14 days from the dateof the letter.

3.You may contact the officer(s) whose particulars appear below onthe subject matter of this letter of notification of award.


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(FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER