- County Government Of Busia
Contents
1. Page 5 of 45 Page SECTION II INSTRUCTIONS TO TENDERERS 1 1 1 1 1 1 1 2 1 1 3 1 1 4 2 2 Eligible Tenderers This Invitation for Tenders is open to all tenderers eligible as described in the Invitation to Tender Successful tenderers shall complete the supply of goods by the intended completion date specified in the Schedule of Requirements Section VI The procuring entity s employees committee members board members and their relative spouse and children are not eligible to participate in the tender Tenderers shall provide the qualification information statement that the tenderer including all members of a joint venture and subcontractors is not associated or have been associated in the past directly or indirectly with a firm or any of its affiliates which have been engaged by the Procuring entity to provide consulting services for the preparation of the design specifications and other documents to be used for the procurement of the goods under this Invitation for tenders Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices Eligible Goods goods to be supplied under the contract shall have their origin in eligible source countries For purposes of this clause origin means the place where the goods are mined grown or produced Goods are produced when through manufacturing processing or substantial and major asse2. COUNTY GOVERNMENT OF BUSIA 5 BOX PRIVATE 50400 BUSIA KENYA COUNTY TREASURY BUSIA COUNTY P O BOX PRIVATE BAG BUSIA TENDER DOCUMENT FOR TENDERER DETAILS SUPPLY INSTALLATION AND COMMISSIONING OF DATA CENTRE AND LOCAL AREA NETWORK TENDER NO BSA CG 33 2015 2016 FIRMS SIGNATURE COMPANY iS VAMP E MAIL ADDRESS bes o EE TABLE OF CONTENTS PAGE Page 1 of 45 INTRODUCTION ve Rheno 3 SECTION I INVITATION TO TENDER 4 SECTION II INSTRUCTIONS TO TENDERERS 5 Appendix to Instructions to Tenderers 17 SECTION III GENERAL CONDITIONS OF CONTRACT 19 SECTION IV SPECIAL CONDITIONS OF CONTRACT 25 SECTION V TECHNICAL SPECIFICATIONS 24 SECTION VI SCHEDULE OF REQUIREMENTS 30 SECTION VII PRICE SCHEDULE FOR GOODS 30 SECTION VIII STANDARD 65 3l 11 02220 32 1 2 CONFIDENTIAL BUSINESS QUESTIONNAIRES FORMS 33 1 3 TENDER SECURITY 34 I4 CONTRACT FORM eeocer eter ohne 35 1 5 PERFORMANCE SECURITY FORM 36 1 0 BANK GUARANTTE FOR ADVANCE PAYMENT FORM unteren
3. Name of the Procuring Entity of vire eases dated the day of 20 in the matter of Tender DE 20 REQUEST FOR REVIEW above named Applicant s of address Physical address Fax No Tel No Email hereby request the Public Procurement Administrative Review Board to review the whole part of the above mentioned decision on the following grounds namely 1 2 etc By this memorandum the Applicant requests the Board for an order orders that 1 2 Applicant Dated day OF ere ees FOR OFFICIAL USE ONLY Lodged with the Secretary Public Procurement Administrative Review Board on M day of SIGNED County Secretary Page 45 of 45
4. 37 1 7 MANUFACTURER S AUTHORIZATION Introduction Page 2 of 45 1 1 This Standard Tender Document has been prepared for use by public entities in Kenya 1 2 The following general directions should be observed when using the document a Specific details should be furnished in the Invitation to Tender and in the special conditions of contract The final documents to be provided to the tenderers should not have blank spaces or give options b The Instructions to Tenderers and the general conditions of contract should remain unchanged Any necessary amendments to these parts should be made through the special conditions of contract and the appendix to instructions to tenderers 1 3 a Information contained in the Invitation to Tender shall conform to the data and information in the tender documents to enable potential tenderers to decide whether or not to participate and shall indicate any important tender requirements b The Invitation to tender shall be issued as an advertisement in accordance with the regulations or a letter of invitation addressed to tenderers who have expressed interest following the invitation for expression of interest for which the invitation is issued Page 3 of 45 SECTIONI INVITATION TO TENDER TENDER REF NO BSA CG 33 2015 2016 TENDER NAME SUPPLY INSTALLATION AND COMMISSIONING OF DATA CENTRE AND LOCAL AREA NETWORK 1 1 1 2 1 3 1 4 1 5 1 6 The Busia Co
5. eh OL having our registered OHIGe Ab Oise euis hereinafter called the Bank are bound unto name of Procuring entity hereinafter called the Procuring entity in the sum for which payment well and truly to be made to the said Procuring entity Bank binds itself its successors and assigns by these presents Sealed with the Common Seal of the said Bank this day of 20 THE CONDITIONS of this obligation are 1 If the tenderer withdraws its Tender during the period of tender validity specified by the tenderer on the Tender Form or 2 If the tenderer having been notified of the acceptance of its Tender by the Procuring entity 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 tenderers We undertake to pay to the Procuring entity up to the above amount upon receipt of its first written demand without the Procuring entity having to substantiate its demand provided that in its demand the Procuring entity will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two conditions specifying the occurred condition or conditions This tender guarantee will remain in force up to and including thirty 30 days after the period of tender validity and any demand r
6. Cat6 Siemon UTP Cable UTP Cat6 Simons roll Cat6 Siemon 24 Port patch panel sum Siemon I mtr patch cords sum Cat6 Siemon 3 meters patch cords sum 1 HU cable manager 10 for racks side and 5 for core switch sum Miscellaneous installation materials cable ties labels screws sum Testing and Commissioning including installation and termination sum Sub Total Struct ured Cabling UPS UPS 10 3 Phase in 3 Phase out with complete inbuilt Tripp Lite nos Battery bank for 6 hours of backup sealed low maintenance 1000ah 12 sum Cables and other accessories no break maintenance by pass switch CD with Software Rack Mounting Support rails Service Manual Smart UPS signalling RS 232 Cable User Manual Web SNMP Management Cards Testing and Commissioning sum Sub Total UPS 5 2 LOCAL AREA NETWORK MALABA OFFICE 5 2 1 Items and their Quantities Un ITEM QNY Item to be supplied 24 Port PoE Switch CAT 6 Cable STP Mtrs 631 Gray Boxes 305 M 20 CAT 6 Jack STP with Collapsible Shutter White 100 Universal Face Plate Single 100 12U Wall Mount Rack 1U Cable Manager Steel Loop Fan Tray with Two Fans NM BPW Power Distribution Unit 5 Sockets 5 KVA Online UPS with external battery bank
7. b Bear tender number and name in the Invitation for Tenders and the words DO NOT OPEN BEFORE Wednesday 21 October 2015 The inner envelopes shall also indicate the name and address of the tenderer to enable the tender to be returned unopened in case it is declared late If the outer envelope is not sealed and marked as required by paragraph 2 17 2 the Procuring entity will assume no responsibility for the tender s misplacement or premature opening Deadline for Submission of Tenders Tenders must be received by the Procuring entity at the address specified under paragraph 2 17 2 no later than Wednesday 21 October 2015 The Procuring entity may at its discretion extend this deadline for the submission of tenders by amending the tender documents in accordance with paragraph 2 6 in which case all rights and obligations of the Procuring entity and candidates previously subject to the deadline will therefore be subject to the deadline as extended Modification and Withdrawal of Tenders The tenderer may modify or withdraw its tender after the tender s submission provided that written notice of the modification including substitution or withdrawal of the tenders is received by the Procuring Entity prior to the deadline prescribed for submission of tenders The Tenderer s modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph 2
8. and or international arbitration Language and Law The language of the contract and the law governing the contract shall be English language and the Laws of Kenya respectively unless otherwise stated Force Majeure The tenderer shall not be liable for forfeiture of its performance security or termination for default if and to the extent that it s delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure Page 24 of 45 SECTION IV SPECIAL CONDITIONS OF CONTRACT Notes on Special Conditions of Contract The clauses in this section are intended to assist the procuring entity in providing contract specific information in relation to corresponding clauses in the General Conditions of Contract The provisions of Section IV complement the General Conditions of Contract included in Section III specifying contractual requirements linked to the special circumstances of the procuring entity and the goods being procured In preparing Section IV the following aspects should be taken into consideration a Information that complement provisions of Section III must be incorporated and b Amendments and or supplements to provisions of Section as necessitated by the circumstances of the goods being procured must also be incorporated SECTION IV SPECIAL CONDITIONS OF CONTRACT 4 Special Conditions of Contract shall supplement the General Conditions of Contract W
9. words WE repa bere e MR bank or financial institutions as instructed by the tenderer agree unconditionally and irrevocably to guarantee as primary obligator and not as surety merely the payment to the Procuring entity on its first demand without whatsoever right of objection on our part and without its first claim to the tenderer in the amount not exceeding amount of guarantee in figures and words We further agree that no change or addition to or other modification of the terms of the Contract to be performed there under or of any of the Contract documents which may be made between the Procuring entity and the tenderer shall in any way release us from any liability under this guarantee and we hereby waive notice of any such change addition or modification This guarantee shall remain valid in full effect from the date of the advance payment received by the tenderer under the Contract until date Yours truly Signature and seal of the Guarantors name of bank or financial institution address date Page 42 of 45 87 MANUFACTURER S AUTHORIZATION FORM To name of the Procuring entity WHEREAS PEN name of the manufacturer who are established and reputable manufacturers of name and or description of the goods having factories at dtd eddie oth address of factory do hereby authorize xu a Se n
10. 1 15 1 16 1 17 1 18 1 19 1 20 GENERAL CONDITIONS OF CONTRACT Definitions Application Table of Clauses Country of voor dub E poner Standards Use of Contract documents and information Patent Rights Performance Security ice ere saat ner Inspection and Assignments Tests Sub CODI ets prex Ox re D RENE ERES Termination for default 5 2 oer en eges Liquidated damages Resolution of 2 Language and Force Majeure Page 19 of 45 20 20 20 20 21 21 21 22 22 22 22 22 23 23 23 23 24 24 24 SECTION III GENERAL CONDITIONS OF CONTRACT 1 1 1 1 1 1 2 1 2 1 1 3 1 3 1 1 3 2 1 4 1 4 1 1 5 1 5 1 Definitions In this Contract the following terms shall be interpreted as indicated a The Contract means the agreement entered into between the Procuring entity and the tenderer as recorded in the Contract Form signed by the parties including all attachments and appendices thereto and all documents incorporated by reference therein b The Contract Price means the price payable to the tenderer under the Contract for the full and proper performance of its contractual obligations c Goods means all of the equipment machinery and or other materials which the
11. 17 A withdrawal notice may also be sent by cable telex but followed by a signed confirmation copy postmarked not later than the deadline for submission of tenders No tender may be modified after the deadline for submission of tenders No tender may be withdrawn in the interval between the deadline for submission of tenders and the expiration of the period of tender validity specified by the tenderer on the Tender Form Withdrawal of a tender during this interval may result in the Tenderer s forfeiture of its tender security pursuant to paragraph 2 14 7 The procuring entity may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination Page 12 of 45 1 1 6 The procuring entity shall give prompt notice of the termination to the tenderers and on request give its reasons for termination within 14 days of receiving the request from any tenderer 1 20 Opening of Tenders 1 20 1 The Procuring entity will open all tenders in the presence of tenderers representatives who choose to attend at 10 00 a m Wednesday 21 October 2015 and in the location specified in the Invitation to Tender The tenderers representatives who are present shall sign a register evidencing their attendance 1 20 2 The tenderers names tender modifications or withdrawals tender prices discounts and the presence or absence of requisite tender security and such other details as
12. If there is a discrepancy between words and figures the amount in words will prevail 1 22 3 The Procuring entity may waive any minor informality or non conformity or irregularity in a tender which does not constitute a material deviation provided such waiver does not prejudice or effect the relative ranking of any tenderer Page 13 of 45 1 22 4 1 22 5 1 23 1 23 1 1 24 1 24 1 1 24 2 1 24 3 1 25 1 25 1 1 26 1 26 1 1 26 2 127 a Prior to the detailed evaluation pursuant to paragraph 2 23 the Procuring entity will determine the substantial responsiveness of each tender to the tender documents For purposes of these paragraphs a substantially responsive tender is one which conforms to all the terms and conditions of the tender documents without material deviations The Procuring entity s determination of a tender s responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence If a tender is not substantially responsive it will be rejected by the Procuring entity and may not subsequently be made responsive by the tenderer by correction of the non conformity Conversion to Single Currency Where other currencies are used the procuring entity will convert these currencies to Kenya Shillings using the selling exchange rate on the rate of tender closing provided by the Central Bank of Kenya Evaluation and Comparison of Tenders The Procuring
13. Page 7 of 45 2 6 2 9 requested by a prospective tenderer may modify the tender documents by amendment prospective candidates that have received the tender documents will be notified of the amendment in writing or by post and will be binding on them In order to allow prospective tenderers reasonable time in which to take the amendment into account in preparing their tenders the Procuring entity at its discretion may extend the deadline for the submission of tenders Language of Tender The tender prepared by the tenderer as well as all correspondence and documents relating to the tender exchange by the tenderer and the Procuring entity shall be written in English language provided that any printed literature furnished by the tenderer may be written in another language provided they are accompanied by an accurate English translation of the relevant passages in which case for purposes of interpretation of the tender the English translation shall govern Documents Comprising of Tender The tender prepared by the tenderers shall comprise the following components a a Tender Form and a Price Schedule completed in accordance with paragraph 2 9 2 10 and 2 11 below b documentary evidence established in accordance with paragraph 2 1 that the tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted c documentary evidence established in accordance with paragraph 2 2
14. Switch should be SNMP manageable with support for SNMP Version 1 2 and 3 Switch should support all standard MIBs MIB I amp II iv Switch should support TELNET and SSH Version 2 for Command Line Management v Switch should support 4 groups of embedded RMON history statistics alarm and events vi Switch should support system and event logging functions as well as forwarding of these logs to multiple syslog servers vil Switch should support on line software reconfiguration to implement changes without rebooting Any changes in the configuration of switches related to Layer 2 amp 3 functions VLAN STP Security QoS should not require rebooting of the switch Vili Support for Unidirectional Link Detection Protocol UDLD to detect unidirectional links caused by incorrect fiber optic wiring or port faults and disable on fiber optic interfaces Equivalent Support ix Switch should have comprehensive debugging features required for software amp hardware fault diagnosis X Should support Layer 2 Layer 3 trace route or equivalent for the easy troubleshooting by identifying the physical path that a packet takes from source to destination xi Should support DHCP Client xii Switch should support Multiple privilege levels to provide different levels of access xiii Switch should support NTP Network Time Protocol xiv The switch support Netflow sFLOW equivalent Switch should support FTP TFTP F Stacking 1
15. TENDER TENDER NO BSA CG 2014 2015 To COUNTYGOVERNMENT P O BOX PRIVATE BAG BUSIA Gentlemen and or Ladies 1 Having examined the tender documents including Addenda INOS Insert numbers the receipt of which is hereby duly acknowledged we the undersigned offer to supply deliver install and commission artus dou ir ates mats Insert equipment description in conformity with the said tender documents for the sum of Et ER cL total tender amount in words and figures or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Tender 2 We undertake if our Tender is accepted to deliver install and commission the equipment in accordance with the delivery schedule specified in the Schedule of Requirements 3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent to percent of the Contract Price for the due performance of the Contract in the form prescribed sss 4 We agree to abide by this Tender for a period of Number days from the date fixed for tender opening of the Instructions to tenderers and it shall remain binding upon us and may be accepted at any time before the expiration of that period 5 This Tender together with your written acceptance thereof and your notification of award shall constitute a Contract between us
16. and Rack m Extension of UPS power to active elements Fixing amp Termination of Patch Panel Fixing amp Termination of Information Outlet Fixing of Rack Project Management Charges including configuration of switches amp Documentation Any other items attach annexure if required Page 28 of 45 5 2 2 Technical Specifications 24 PORT ACCESS EDGE SWITCH A Switch Architecture and Performance 1 Switch should have 24 port 10 100 1000 Mbps full duplex auto sensing inbuilt copper ports plus 4 nos uplink port with modules capable of supporting 1000 base SX and 1000 base T modules ii Should support stacking using dedicated stacking ports with minimum stack bandwidth of 40 Gbps iii Switch should support link aggregation across multiple switches in a stack iv Should support stacking of minimum of two switches v Switch should have non blocking wire speed architecture vi Switch should support IPv4 and IPv6 from day One vi Switch should have Forwarding rate of minimum 30 Mpps B Layer 2 Features 1 IEEE 802 1Q VLAN tagging ii 802 IQ VLAN on all ports with support for minimum 255 active VLANs and 4k VLAN ids iii Support for minimum 8k MAC addresses iv Spanning Tree Protocol as per IEEE 802 14 v Multiple Spanning Tree Protocol as pe
17. as follows Name Nationality Citizenship Details Shares mede YU DC eas shales E E Ra T etin As awenddenburtsewies tesque i crude ula Page 37 of 45 Part 2 c Registered Company Private or PUBIC pcos duds nation Sauce vee E etin ma P reads State the nominal and issued capital of company Nominal Issued paces hese Given details of all directors as follows Name Nationality Citizenship Details Shares Tice esset poseen eei i EUR I Dru ed ERG A E Sabu One du OU ER LP prc LM Bri Signature of Candidate e Ifa Kenya Citizen indicate under Citizenship Details whether by Birth Naturalization or registration Page 38 of 45 8 3 TENDER SECURITY FORM WiHETEAS steer d ev an name of the tenderer hereinafter called the tenderer has submitted its tender dated date of submission of tender for the supply installation and commissioning of name and or description of the equipment hereinafter called Che Tender ocius etd uocatus eta esp adc bebe t dues KNOW ALL PEOPLE by these presents that WE
18. e Stacking ready with stack module and cable for stack bandwidth min 20 Gbps or higher to stack with existing switches e Option for future upgrade of 1000 Base uplinks to minimum two 10G uplinks on copper fiber Warranty amp Service Support Pack Required 8x5xNBD for 5 years In case of failure the faulty switch should be repaired replaced on the next working business day e Certifications NDP ii CAT 6 Cable STP 1 Should conform comply or exceed the TIA EIA 568 C 2 10 Gigabit standards for physical amp Electrical specifications standards ii Sheath Type Low Smoke Zero Halogen LSZH as per IEC norms Conductor Size 23 AWG annealed bare solid copper Copper Cable and should support bandwidth of 500 MHz Min iii Characteristic Impendence 10046 U 1 500 Mhz The cable should have 100ohm impedance for 100 meters length amp data transmission frequencies minimum 500 MHz or higher iv The Cable Should be UL ETL Rohs certified v Screen Each pair or all pairs enclosed in laminated Aluminum foil with drain wire Sheath Low Smoke Zero Halogen LSZH as per IEC norms WIRE MANAGER 1 19 rack mountable Height ii Should be able to route wire on both front as well as rear of the jack panel Termination of Information Outlet 1 Should meet for exceed the TIA EIA 568 C 2 Component Compliant 10 Gigabit standard with UL ETL verified 750 mating and 200 termination cycle ii Made from high impact flame reta
19. entity will evaluate and compare the tenders which have been determined to be substantially responsive pursuant to paragraph 2 22 The tender evaluation committee shall evaluate the tender within 30 days of the validity period from the date of opening the tender A tenderer who gives false information in the tender document 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 Preference Preference where allowed in the evaluation of tenders shall not exceed 15 Contacting the Procuring entity Subject to paragraph 2 21 no tenderer shall contact the Procuring entity on any matter related to its tender from the time of the tender opening to the time the contract is awarded Any effort by a tenderer to influence the Procuring entity in its decisions on tender evaluation tender comparison or contract award may result in the rejection of the Tenderer s tender Award of Contract Post qualification Page 14 of 45 1 27 1 1 27 2 1 27 3 1 27 4 1 27 5 d 1 27 6 1 28 1 28 1 1 28 2 1 28 3 In the absence of pre qualification the Procuring entity will determine to its satisfaction whether the tenderer that is selected as having submitted the lowest evaluated responsive tender is qualified to perform the contract satisfactorily The determination will take into account the
20. provide proof of payment for tender document 7 Must Submit Two envelope Bid MR8 _ Must Submit Tender Security MR9 Must Submit Key Staff Competency Profiles MR 10 Must Submit Organisation Chart MR 11 Must Submit Last 3 years Audited Accounts MR 12 Must Submit Physical Address Details MR 13 Must Submit Anti Corruption Affidavit MR 14 Must Submit Tax Compliance Page 31 of 45 5 10 TECHNICAL EVALUATION No Evaluation Attribute Weighting Score Max Score T E1 Number of years in the business 6 months and above 20 marks 05 T E2 Provide list of clients and references to 2 clients with references letters from 10 which the company has done similar the clients 30marks supplies Others prorated at Number of clients x 30 5 Provide Bank Statement Provided 5 05 Not provided 0 T E4 Meeting technical specifications Details provided and meeting the 55 specified requirements 25 Additional relevant technologies to be deployed 30 T E5 Provide Single business permit with relevant Provided 5 10 county government authorities Not Provided 0 Only bidders who score 65 and above will be subjected to financial evaluation Those who score below 65 will be eliminated at this stage from the entire evaluation proce
21. tenderer financial technical and production capabilities It will be based upon an examination of the documentary evidence of the tenderers qualifications submitted by the tenderer pursuant to paragraph 2 12 3 as well as such other information as the Procuring entity deems necessary and appropriate An affirmative determination will be a prerequisite for award of the contract to the tenderer A negative determination will result in rejection of the Tenderer s tender in which event the Procuring entity will proceed to the next lowest evaluated tender to make a similar determination of that Tenderer s capabilities to perform satisfactorily b Award Criteria The Procuring entity will award the contract to the successful tenderer s whose tender has been determined to be substantially responsive and has been determined to be the lowest evaluated tender provided further that the tenderer is determined to be qualified to perform the contract satisfactorily c Procuring entity s Right to Vary quantities The Procuring entity reserves the right at the time of contract award to increase or decrease the quantity of goods originally specified in the Schedule of requirements without any change in unit price or other terms and conditions Procuring entity s Right to accept or Reject any or All Tenders The Procuring entity reserves the right to accept or reject any tender and to annul the tendering process and reject all tenders at any time prio
22. that the goods and ancillary services to be supplied by the tenderer are eligible goods and services and conform to the tender documents and d tender security furnished in accordance with paragraph 2 14 Tender Forms The tenderer shall complete the Tender Form and the appropriate Price Schedule furnished in the tender documents indicating the goods to be supplied a brief description of the goods their country of origin quantity and prices Tender Prices The tenderer shall indicate on the appropriate Price Schedule the unit prices and total tender price of the goods it proposes to supply under the contract Prices indicated on the Price Schedule shall include all costs including taxes insurances and delivery to the premises of the entity Prices quoted by the tenderer shall be fixed during the Tender s performance of the contract and not subject to variation on any account tender submitted with Page 8 of 45 2 11 1 1 1 an adjustable price quotation will be treated as non responsive and will be rejected pursuant to paragraph 2 22 The validity period of the tender shall be 60 days from the date of opening of the tender Tender Currencies Prices shall be quoted in Kenya Shillings unless otherwise specified in the Appendix to Instructions to Tenderers 2 12 Tenderers Eligibility and Qualifications 2 12 1Pursuant to paragraph 2 1 the tenderer shall furnish as part of its tender documents establishing th
23. the Procuring entity at its discretion may consider appropriate will be announced at the opening 1 20 3 The Procuring entity will prepare minutes of the tender opening 1 21 Clarification of Tenders 1 21 1 To assist in the examination evaluation and comparison of tenders the Procuring entity may at its discretion ask the tenderer for a clarification of its tender The request for clarification and the response shall be in writing and no change in the prices or substance of the tender shall be sought offered or permitted 1 21 2 Any effort by the tenderer to influence the Procuring entity in the Procuring entity s tender evaluation tender comparison or contract award decisions may result in the rejection of the tenderers tender 1 22 Preliminary Examination 1 22 1 The Procuring entity will examine the tenders to determine whether they are complete whether any computational errors have been made whether required sureties have been furnished whether the documents have been properly signed and whether the tenders are generally in order 1 22 2 Arithmetical errors will be rectified on the following basis If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantify the unit price shall prevail and the total price shall be corrected If the candidate does not accept the correction of the errors its tender will be rejected and its tender security forfeited
24. Confidential Business Questionnaire xiv Anti Corruption Affidavit The Tenderer is expected to examine all instructions forms terms and specifications in the tender documents Failure to furnish all information required by the tender documents or to submit a tender not substantially responsive to the tender documents in every respect will be at the tenderers risk and may result in the rejection of its tender Clarification of Documents A prospective tenderer requiring any clarification of the tender Document may notify the Procuring entity in writing or by post at the Entity s address indicated in the Invitation to Tender The Procuring entity will respond in writing to any request for clarification of the tender documents which it receives not later than seven 14 days prior to the deadline for the submission of tenders prescribed by the Procuringentity Written copies of the Procuring entities response Including an explanation of the query but without identifying the source of inquiry will be sent to all prospective tenderers that have received the tender document The procuring entity shall reply to any clarifications sought by the tenderer within 3 days of receiving the request to enable the tenderer to make timely submission of its tender Amendment of Documents At any time prior to the deadline for submission of tenders the Procuring entity for any reason whether at its own initiative or in response to a clarification
25. Subject to signing of the Contract by the parties 6 We understand that you are not bound to accept the lowest or any tender you may receive Dated this day of 20 Signature In the capacity of Duly authorized to sign tender for an on behalf of Page 36 of 45 8 2 CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM You are requested to give the particulars indicated in Part 1 and either Part 2 a 2 b or 2 c whichever applied to your type of business You are advised that it is a serious offence to give false information on this form Part 1 General Business Name x itera dta esp oe parece teed RO teehee Location of business premises sias eue wet pes e ER EE Plot Street Road es Postal Address NO i i Nature ot BUSINESS at me rh ined Registration Certificate INO Maximum value of business which you can handle at any one time 5 Name of your bankers Branclru Part 2 a Sole Proprietor Your name in full cesses e ries Nationality iret c ea Country of origin e Citizenship details Part 2 b Partnership Given details of partners
26. cted tested and passed by the Procuring entity or its representative prior to the equipment delivery Nothing in paragraph 3 8 shall in any way release the tenderer from any warranty or other obligations under this Contract Packing The tenderer shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination as indicated in the Contract The packing marking and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract Delivery and Documents Delivery of the Goods shall be made by the tenderer in accordance with the terms specified by Procuring entity in its Schedule of Requirements and the Special Conditions of Contract Insurance 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 12 Payment 1 1 1 1 13 1 13 1 1 13 2 The method and conditions of payment to be made to the tenderer under this Contract shall be specified in Special Conditions of Contract Payments shall be made promptly by the Procuring entity as specified in the contract Prices Prices charged by the tenderer for goods delivered and services performed under the Contract shall not with the exception of any p
27. der the Contract c if the tenderer in the judgment of the Procuring entity has engaged in corrupt or fraudulent practices in competing for or in executing the Contract In the event the Procuring entity terminates the Contract in whole or in part it may procure upon such terms and in such manner as it deems appropriate equipment similar to those undelivered and the tenderer shall be liable to the Procuring entity for any excess costs for such similar goods Liquidated Damages If the tenderer fails to deliver any or all of the goods within the period s specified in the contract the procuring entity shall without prejudice to its other remedies under the contract deduct from the contract prices liquidated damages sum equivalent to 0 5 of the delivered price of the delayed items up to a maximum deduction of 10 of the delayed goods After this the tenderer may consider termination of the contract Page 23 of 45 1 18 1 18 1 1 18 2 1 19 1 19 1 1 20 1 20 1 Resolution of Disputes The procuring entity and the tenderer shall make every effort to resolve amicably by direct informal negotiation and disagreement or dispute arising between them under or in connection with the contract If after thirty 30 days from the commencement of such informal negotiations both parties have been unable to resolve amicably a contract dispute either party may require adjudication in an agreed national or international forum
28. diagram 1 4 15 Fire Resistant Cable 2 x 1 x 1 5mm 2 1 4 2 Testing and Commissioning 1 Sub Total Fire suppression 6 Power Electrical Work 6 1 8 Way Distribution Board 1 6 2 Twin Socket in the Data Center 3 6 3 32 AMP Industrial Socket for Rack with Redundancy 2 6 4 300 x 50 Cable Tray with Bracket under the raised floor 2 6 5 Powder Coated Metal Trunking Data Room 200 x 50 2 6 5 3 Phase Line for Air condition 2 6 7 20 AMPs DP Clean Power for Access Control and CCTV 4 way 50sqmm armored cable for Data Centre 2 6 8 20 6 9 Lighting 600x600 Cutover 6 1 Emergency Light 600 x 600 Cutover 2 6 1 Accessories Termination and Testing Sub Total 534 500 8 0 Air conditioning Unit Data Centre Precision AC 8 1 Supply of down blow Split A C unit each having a cooling capacity 1 of 10 KW at 35Deg C complete Units to be EPOXY baked powder coated Condensate tray System to ROOM THERMOSTAT digital display Provision for fire alarm interface Supply of matching condensing units for the above indoor units to 1 Sub Total Page 27 of 45 Sr No Description Qty Unit Unit Total Price Price Ksh Ksh baked powder coated weather proof finish Unique CUC 40DB Accessories like Pipes sum Implementation Charges Labour sum Sub Total Precision AC Structured Cabling
29. e tenderers eligibility to tender and its qualifications to perform the contract if its tender is accepted 2 12 2The documentary evidence of the tenderers eligibility to tender shall establish to the Procuring entity s satisfaction that the tenderer at the time of submission of its tender is from an eligible source country as defined under paragraph 2 1 2 12 3The documentary evidence of the tenderers qualifications to perform the contract if its tender is accepted shall be established to the Procuring entity s satisfaction 1 13 1 13 1 1 13 2 1 13 3 a b c that in the case of a tenderer offering to supply goods under the contract which the tenderer did not manufacture or otherwise produce the tenderer has been duly authorized by the goods Manufacturer or producer to supply the goods that the tenderer has the financial technical and production capability necessary to perform the contract 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 Goods Eligibility and Conformity to Tender Documents Pursuant to paragraph 2 2 of this section the tenderer shall furnish as part of its tender documents establishing the eligibility and confor
30. ee name and address of Agent to submit a tender and subsequently negotiate and sign the Contract with you against tender No reference of the Tender for the above goods manufactured by We hereby extend our full guarantee and warranty as per the General Conditions of Contract for the goods offered for supply by the above firm against this Invitation for Tenders signature for and on behalf of manufacturer Note This letter of authority should be on the letterhead of the Manufacturer and should be signed by a person competent Page 43 of 45 88 LETTER OF NOTIFICATION OF AWARD Address of Procuring Entity 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 Please acknowledge receipt of this letter of notification signifying your acceptance 2 The contract contracts shall be signed by the parties within 30 days of the date of this letter but not earlier than 14 days from the date of the letter 3 You may contact the officer s whose particulars appear below on the subject matter of this letter of notification of award FULL PARTICULARS SIGNED FOR ACCOUNTING OFFICER Page 44 of 45 8 9 FORM RB 1 REPUBLIC OF KENYA PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD APPLICATION Request for review of the decision of the
31. er document Clarification of documents Amendment of documents Language of 1 Documents comprising the tender ris Tender DECeS Tender oso IS id Tenderers eligibility and qualifications Goods eligibility and conformity to tender documents code t ERE Tender security cos Validity Format and signing of tenders Sealing and marking of tenders Deadline for submission of tender Modification and withdrawal of tenders Opening of sra sedeo Clarification of Preminary Conversion to single currency Evaluation and comparison of tenders Contacting the procuring entity Award of Post qualHioatloni ouo soeur porte te SOR PES Procuring entity s right to vary quantities Procuring entity s right to accept or reject any or all tenders Notification of Signing of Performance Corrupt or fraudulent practices
32. espect thereof should reach the Bank not later than the above date signature of the bank Amend accordingly if provided by Insurance Company Page 39 of 45 84 CONTRACT FORM THIS AGREEMENT made the day of 20 between _ name of Procurement entity of country of Procurement entity hereinafter called the Procuring entity of the one part and name of tenderer of city and country of tenderer hereinafter called the tenderer of the other part WHEREAS the Procuring entity invited tenders for certain goods and has accepted a tender by the tenderer for the supply of those goods in the sum of em contract price in words and figures hereinafter called the Contract Price NOW THIS AGREEMENT WITNESSETH AS FOLLOWS l 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 the tenderer b the Schedule of Requirements c the Technical Specifications d the General Conditions of Contract e the Special Conditions of contract and f the Procuring entity s Notification of Award 3 consideration of the payments to be made by the Procuring entity to the tenderer as hereinafter mentio
33. following the date of completion of the Tenderer s performance obligations under the Contract including any warranty obligations under the Contract Inspection and Tests The Procuring entity or its representative shall have the right to inspect and or to test the goods to confirm their conformity to the Contract specifications The Procuring entity shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes The inspections and tests may be conducted in the premises of the tenderer or its subcontractor s at point of delivery and or at the Goods final destination If conducted on the premises of the tenderer or its subcontractor s all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to the Procuring entity Should any inspected or tested goods fail to conform to the Specifications the Procuring entity may reject the equipment and the tenderer shall either replace Page 21 of 45 1 8 4 1 8 5 1 9 1 9 1 1 9 2 1 10 1 10 1 1 11 1 11 1 the rejected equipment or make alterations necessary to make specification requirements free of costs to the Procuring entity The Procuring entity s right to inspect test and where necessary reject the goods after the Goods arrival shall in no way be limited or waived by reason of the equipment having previously been inspe
34. h the tender documents It must also be duly signed by duly authorized representatives of the tenderer 25 Confidential Business Questionnaire Form This form must be completed by the tenderer and submitted with the tender documents 3 Tender Security Form When required by the tender documents the tender shall provide the tender security either in the form included herein or in another format acceptable to the procuring entity 4 Contract Form The Contract Form shall not be completed by the tenderer at the time of submitting the tender The Contract Form shall be completed after contract award and should incorporate the accepted contract price 5 Performance Security Form The performance security form should 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 procuring entity 6 Bank Guarantee for Advance Payment Form When Advance payment is requested for by the successful bidder and agreed by the procuring entity this form must be completed fully and duly signed by the authorized officials of the bank 7 Manufacturers Authorization Form When required by the ender documents this form must be completed and submitted with the tender documents This form will be completed by the manufacturer of the goods where the tenderer is an agent Page 35 of 45 8 1 FORM OF
35. he request without forfeiting its tender security A tenderer granting the request will not be required nor permitted to modify its tender Format and Signing of Tender The Procuring entity shall prepare two copies of the tender clearly marking each ORIGINAL TENDER and COPY OF TENDER as appropriate In the event of any discrepancy between them the original shall govern The original and all copies of the tender shall be typed or written in indelible ink and shall be signed by the tenderer or a person or persons duly authorized to bind the tenderer to the contract The latter authorization shall be indicated by written power of attorney accompanying the tender pages of the tender except for unamended printed literature shall be initialed by the person or persons signing the tender The tender shall have no interlineations erasures or overwriting 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 Sealing and Marking of Tenders The Tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ORIGINAL and COPY The envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall Page 11 of 45 1 17 3 1 17 4 2 18 2 19 Be addressed to the Procuring entity at the address given in the Invitation to Tender
36. henever there is a conflict between the GCC and the SCC the provisions of the SCC herein shall prevail over these in the GCC 42 Special conditions of contract as relates to the GCC REFERENCE OF GCC SPECIAL CONDITIONS OF CONTRACT 3 7 1 Terms of payment One Hundred percent 100 of the total project upon delivery and all other relevant documents 3 12 1 The price shall be fixed 3 18 1 The dispute will be resolved in accordance with the laws of Kenya The language shall be English The Contract shall be interpreted in accordance with the laws of Kenya Page 25 of 45 SECTION V TECHNICAL SPECIFICATIONS 5 1 TECHNICAL SPECIFICATIONS FOR THE COUNTY DATA CENTER COUNTY HEADQUARTERS Sr No Description Qty Unit Price Ksh Total Price Ksh 1 Building Work 1 1 Demolitions of existing environment wooden partition 1 1 6 Chaising Electrical CCTV 1 1 8 Steps Ramp for Raised Floor 1 1 8 Multi Lock Security Doors Single 1 2 Labour Charges 1 2 1 Preliminaries 1 Sub Total 2 Raised Floor 2 1 Supply of 300mm high raised floor anti static material 12 2 2 Perforated Panel 2 2 3 Double Cap Lifter 1 2 2 Accessories 1 2 3 Labour Charges 1 Raised Floor Sub Total 3 0 Security System Access Control System 3 1 Supply of Biometric Sys
37. ificial non competitive levels and to deprive the Procuring entity of the benefits of free and open competition The procuring entity will reject a proposal for award if it determines that the tenderer recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question Further a tenderer who is found to have indulged in corrupt or fraudulent practices risks being debarred from participating in public procurement in Kenya Page 16 of 45 Appendix to Instructions to Tenderers Notes on the Appendix to the Instruction to Tenderers 1 The Appendix to instructions to tenderers is intended to assist the procuring entity in providing specific information in relation to the corresponding clause in the instructions to Tenderers included in Section II and has to be prepared for each specific procurement 2 The procuring entity should specify in the appendix information and requirements specific to the circumstances of the procuring entity the goods to be procured and the tender evaluation criteria that will apply to the tenders 3 In preparing the Appendix the following aspects should be taken into consideration a The information that specifies and complements provisions of Section II to be incorporated b Amendments and or supplements if any to provisions of Section II as necessitated by the circumstances of the goods to be procured to be also incorporated 4 Section II should remain uncha
38. mbly of components a commercially recognized product results that is substantially different in basic characteristics or in purpose or utility from its components The origin of goods is distinct from the nationality of the tenderer Cost of Tendering The Tenderer shall bear all costs associated with the preparation and submission of its tender and the procuring entity will in no case be responsible or liable for those costs regardless of the conduct or outcome of the tendering process The tender document will costs Ksh 1 000 for vendors who will purchase them from the County headquarters procurement department and free if they download from the County Website or Kenya Suppliers Portal firms found capable of performing the contract satisfactorily in accordance with the set prequalification criteria shall be prequalified Page 6 of 45 24 2 5 2 5 1 The Tender Document The tender document comprises the documents listed below and addenda issued in accordance with clause 2 6 of these instructions to Tenderers Invitation to Tender ii Instructions to tenderers iii General Conditions of Contract iv Special Conditions of Contract v Schedule of requirements vi X Technical Specifications vii Tender Form and Price Schedules Tender Security Form ix Contract Form x Performance Security Form xi Bank Guarantee for Advance Payment Form xii Manufacturer s Authorization Form
39. mity to the tender documents of all goods which the tenderer proposes to supply under the contract The documentary evidence of the eligibility of the goods shall consist of a 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 The documentary evidence of conformity of the goods to the tender documents may be in the form of literature drawings and data and shall consist of Page 9 of 45 1 13 4 1 14 1 14 1 1 14 2 1 14 3 1 14 4 1 14 5 1 14 6 1 14 7 a a detailed description of the essential technical and performance characteristic of the goods b a list giving full particulars including available source and current 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 the goods by the Procuring entity and c a clause by clause commentary on the Procuring entity s Technical Specifications demonstrating substantial responsiveness of the goods and service to those specifications or a statement of deviations and exceptions to the provisions of the Technical Specifications For purposes of the documentary evidence to be furnished pursuant to paragraph 2 13 3 c above the tenderer shall note that standards for workmanship material and equipment as well as refere
40. nces to brand names or catalogue numbers designated by the Procurement entity in its Technical Specifications are intended to be descriptive only and not restrictive The tenderer may substitute alternative standards brand names and or catalogue numbers in its tender provided that it demonstrates to the Procurement entity s satisfaction that the substitutions ensure substantial equivalence to those designated in the Technical Specifications Tender Security The tenderer shall furnish as part of its tender a tender security for the amount specified in the Appendix to Invitation to Tenderers The tender security shall be in the amount of 0 5 2 per cent of the tender price The tender security is required to protect the Procuring entity against the risk of Tenderer s conduct which would warrant the security s forfeiture pursuant to paragraph 2 14 7 The tender security shall be denominated in Kenya Shillings or in another freely convertible currency and shall be in the form of a bank guarantee or a bank draft issued by a reputable bank located in Kenya or abroad or a guarantee issued by a reputable insurance company in the form provided in the tender documents or another form acceptable to the Procuring entity and valid for thirty 30 days beyond the validity of the tender Any tender not secured in accordance with paragraph 2 14 1 and 2 14 3 will be rejected by the Procuring entity as non responsive pursuant to paragraph 2 22 Uns
41. ned the tender hereby covenants with the Procuring entity to provide the goods and to remedy defects therein in conformity in all respects with the provisions of the Contract 4 The Procuring entity hereby covenants to pay the tenderer in consideration of the provisions of the goods and the remedying of defects therein the Contract 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 Procuring entity Signed sealed delivered by the for the tenderer in the presence of Amend accordingly if provided by Insurance Company Page 40 of 45 85 PERFORMANCE SECURITY FORM name of Procuring entity WHEREAS eer o RS vU name of tenderer hereinafter called the tenderer has undertaken in pursuance of Contract No reference number of the contract dated 20 to supply oA Sante e us colis description of goods Hereinaftercalled 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 the sum specified therein as security for compliance with the Tenderer s performance obligations in accordance with the Contrac
42. nged and can only be amended through Appendix 5 Clauses to be included in this part must be consistent with the public procurement law and the regulations Page 17 of 45 Appendix to Instructions to Tenderers The following information regarding the particulars of the tender shall complement supplement or amend the provisions of the instructions to tenderers Wherever there is a conflict between the provision 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 INSTRUCTIONS TO TENDERERS REFERENCE PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS 2 1 1 Tender Notice Invitation to Tender Confirmation of Submission of 2 envelope Bid Tender Security Confidential Business Questionnaire Certificate of Incorporation Manufacturer s Authorization amp CCK license Organisation Chart Key Staff Competency Profiles Last 3 years Audited Accounts Physical Address Details Statement of Experience Details of Five Major Clients Anti Corruption Affidavit Tax Compliance 2 14 1 2 bid bond of the project cost to be submitted at the time of application 2 18 1 The tender documents to be Submitted by Wednesday 21 October 2015 by 10 00 AM Complete as necessary Page 18 of 45 SECTION III 1 1 1 2 1 3 1 4 1 5 1 6 1 1 8 1 9 1 10 1 11 1 12 1 13 1 14
43. r IEEE 802 1s vi Rapid Spanning Tree Protocol as per IEEE 802 1w vii Self learning of unicast amp multicast MAC addresses and associated VLANs viii Jumbo frames up to 9000 bytes ix Link Aggregation Control Protocol LACP per 802 3ad x Port mirroring functionality for measurements using a network analyzer xi Switch should support IGMP v1 v2 v3 as well as IGMP v1 v2 v3 snooping C Quality of Service QoS Features 1 Switch should support classification and scheduling as per IEEE 802 1P on all ports ii Switch should support DiffServ as per RFC 2474 RFC 2475 iii Switch should support four queues per port iv Switch should support AutoQoS EZ QoS Equivalent support v Switch should support mechanism to simplify QoS configuration in voice over IP VoIP networks by issuing interface and global switch commands to detect IP phones classify traffic and enable egress queue configuration vi Switch should support QoS configuration on per switch port basis vii Switch should support classification and marking based on IP Type of Service TOS and DSCP Vili Switch should provide traffic shaping and rate limiting features for egress as well as ingress traffic for specified Host network Applications etc ix Strict priority queuing guarantees that the highest priority packets are serviced ahead of all other traffic X Switch should support classification and marking based on IP Type of Service TOS and DSCP xi S
44. r to contract award without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Procuring entity s action Notification of Award Prior to the expiration of the period of tender validity the Procuring entity will notify the successful tenderer in writing that its tender has been accepted The notification of award will constitute the formation of the Contract but will have to wait until the contract is finally signed by both parties Upon the successful Tenderer s furnishing of the performance security pursuant to paragraph 2 28 the Procuring entity will promptly notify each unsuccessful Tenderer and will discharge its tender security pursuant to paragraph 2 14 Page 15 of 45 1 29 1 29 1 1 29 2 1 29 3 1 30 1 30 1 1 30 2 1 31 1 31 1 1 31 2 1 31 3 Signing of Contract At the same time as the Procuring entity notifies the successful tenderer that its tender has been accepted the Procuring entity will send the tenderer the Contract Form provided in the tender documents incorporating all agreements between the parties The parties to the contract shall have it signed within 30 days from the date of notification of contract award unless there is an administrative review request Within thirty 30 days of receipt of the Contract Form the successful tenderer shall sign and date the contract and ret
45. rdant UL RATED 94v 0 thermoplastic ABS iii Gold plated contact surface Provisions for labeling icons and strips Page 30 of 45 iv Provision for anchors for smooth cable entry The size of front plate should be 3 inch by 3 inch 3 X 3 Be made of robust sheet metal aluminum I O should have robust zinc alloy connector body housing Housing of I O Zinc alloy plated bright Ni Cu v Surface mount box Faceplate with single RJ45 socket to terminate STP CAT 6A Cable vi Provision for anchors for smooth cable entry The size of front plate should be 3 inch by 3 inch 3 X 3 Be made of robust sheet metal aluminum I O should have robust zinc alloy connector body housing e Housing of I O Zinc alloy plated bright Ni Cu vil Provision for dust cover on face Plate jack for protection against dust viii Surface mount box Faceplate with single RJ45 socket to terminate STP CAT 6A Cable 5 3 EVALUATION CRITERIA a MANDATORY REQUIREMENTS No Requirements MR1 Must fill the Price schedule in the format provided MR2 Must submit a valid tax compliance certificate MR3 Must submit a dully filled up confidential business questionnaire in the format provided MR4_ Must submit a copy of certificate of registration incorporation MR5_ Must fill in the standard document provided and not any other document MR6_ Must
46. rice adjustments authorized in Special Conditions of Contract vary from the prices by the tenderer in its tender Contract price variations shall not be allowed for contracts not exceeding one year 12 months Page 22 of 45 1 13 3 1 13 4 1 14 1 1 1 1 15 1 15 1 1 16 1 16 1 1 16 2 1 17 Where contract price variation is allowed the variation shall not exceed 10 of the original contract price Price variation request shall be processed by the procuring entity within 30 days of receiving the request Assignment The tenderer shall not assign in whole or in part its obligations to perform under this Contract except with the Procuring entity s prior written consent Subcontracts The tenderer shall notify the Procuring entity in writing of all subcontracts awarded under this Contract if not already specified in the tender Such notification in the original tender or later shall not relieve the tenderer from any liability or obligation under the Contract Termination for default The Procuring entity may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole or in part a if the tenderer fails to deliver any or all of the goods within the period s specified in the Contract or within any extension thereof granted by the Procuring entity b if the tenderer fails to perform any other obligation s un
47. ss and will not be considered further C FINANCIAL EVALUATION No Evaluation Attribute Weighting Score Max Score 1 Monthly Account Average Turn over of Monthly Account 10 Marks over Ksh 550 000 Average Turn over of Page 32 of 45 over Ksh 550 000 isa score of 10 F E2 Total Project Amount Bid To be determined by the Max 5 committee Marks a Overall Tender Evaluation Criteria The tender evaluation criteria is weighted as follows Criteria Maximum Score Cut Off Scores Tender Responsiveness Mandatory Requirement Technical Evaluation 80 65 Financial amp Delivery Schedules 20 15 Totals 100 80 TENDERER S NAME ee ees sud ADDRESS E SIGNATURE WITNESS ID NO ADDRESS E SIGNATURE eso OI DATE cese nho eee tends Page 33 of 45 SECTION VI PRICE SCHEDULE FOR GOODS Name of tenderer Tender Number Page of PRICE SCHEDULE No description Description Item Cost per Unit Kes Signature of tenderer Note In case of discrepancy between unit price and total the unit price shall prevail Page 34 of 45 SECTION STANDARD FORMS Notes on the sample Forms IR Form of Tender The form of tender must be completed by the tenderer and submitted wit
48. t AND WHEREAS we have agreed to give the tenderer a guarantee THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the tenderer up to a total amount of the guarantee in words and figure 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 or sums within the limits amount of guarantee as aforesaid without you needing to prove or to show grounds or reasons for your demand or the sum specified therein This guarantee is valid until the day of 20 Signed and seal of the Guarantors name of bank or financial institution address date Page 41 of 45 86 GUARANTEE FOR ADVANCE PAYMENT FORM name of Procuring entity name of tender Gentlemen and or Ladies In accordance with the payment provision included in the Special Conditions of Contract which amends the General Conditions of Contract to provide for advance payment PE address of tenderer hereinafter called the tenderer shall deposit with the Procuring entity a bank guarantee to guarantee its proper and faithful performance under the said Clause of the Contract in an amount of amount of guarantee in figures and
49. tem for Data Center Main Door 1 3 2 Switch inside the Data Center 1 3 3 Basic Access Management Software with required PC links 1 3 4 Accessories Cables of following categories pulled through 1 FRLS conduits of dia Not less than 20mm having 2 0mm wall thickness with required conduit ac accessories hardware etc 3 5 High end Desktop for installation of Software 1 3 6 Co Axial Cable 1 3 7 Labour Charges 1 Access Control System 4 Security System Surveillance CCTV 4 1 Supply of DOM Camera within the Data Center Environment 2 4 2 12V Battery 1 42 4 Channel DVR 1 43 50 TB HDD has to procure Locally 1 44 32 inch Monitor 1 4 5 BNC Connector 1 4 6 Labour Charges 1 Sub Total for CCTV 5 0 Fire Suppression Smoke Detector and Alarm 4 1 GST301 Gas Release Control Panel Page 26 of 45 Sr No Description Qty Unit Total Price Price Ksh 4 2 Fire Alarm Panel Battery 12v 7AH 1 4 3 Ionisation smoke Detector 1 44 Optical Smoke Detector 1 4 5 Fire Alarm Manual Override Button 1 4 6 Fire Alarm Gas Extinguishing Warning Ind 1 4 Fire Alarm Interface Solenoid Release Mod 1 4 8 C 9401 Fire Alarm Conventional Sounder amp Strobe 1 4 9 Fire Alarm bell 6 Red 1 4 10 Fire Suppression 801 Cylinder and Gas 1 41 Pressure Restrictor 1 4 12 Combined Pneumatic electronic Manual release level 1 41 XP02 Rigid Hose 1 4 14 Nozzle 360deg c w drilled
50. tenderer is required to supply to the Procuring entity under the Contract d The Procuring entity means the organization purchasing the Goods under this Contract e The Tenderer means the individual or firm supplying the Goods under this Contract Application These General Conditions shall apply in all Contracts made by the Procuring entity for the procurement installation and commissioning of equipment Country of Origin For purposes of this clause Origin means the place where the Goods were mined grown or produced The origin of Goods and Services is distinct from the nationality of the tenderer Standards The Goods supplied under this Contract shall conform to the standards mentioned in the Technical Specifications Use of Contract Documents and Information The tenderer shall not without the Procuring entity s 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 Procuring entity in connection therewith to any person other than a person employed by the tenderer in the performance of the Contract Page 20 of 45 1 5 2 1 5 3 1 6 1 6 1 1 17 1 17 2 17 3 1 7 4 1 8 1 8 1 1 8 2 1 8 3 The tenderer shall not without the Procuring entity s prior written consent make use of any document or information enumerated in paragraph 3 5 1 above An
51. uccessful Tenderers tender security will be discharged or returned as promptly as possible as but not later than thirty 30 days after the expiration of the period of tender validity prescribed by the Procuring entity The successful Tenderers tender security will be discharged upon the tenderer signing the contract pursuant to paragraph 2 27 and furnishing the performance security pursuant to paragraph 2 28 Page 10 of 45 1 14 8 2 15 2 16 1 17 1 17 1 1 17 2 The tender security may be forfeited a if a tenderer withdraws its tender during the period of tender validity specified by the procuring entity on the Tender Form or b in the case of a successful tenderer if the tenderer fails 1 to sign the contract in accordance with paragraph 2 27 1 to furnish performance security in accordance with paragraph 2 28 Validity of Tenders Tenders shall remain valid for 90 days or as specified in the Invitation to Tender after the date of tender opening prescribed by the Procuring entity pursuant to paragraph 2 18 tender valid for a shorter period shall be rejected by the Procuring entity as non responsive In exceptional circumstances the Procuring entity may solicit the Tenderer s consent to an extension of the period of validity The request and the responses thereto shall be made in writing The tender security provided under paragraph 2 14 shall also be suitably extended A tenderer may refuse t
52. unty Government invites sealed bids from eligible candidates for prequalification for supply of ICT equipments Interested eligible candidates may obtain further information from and inspect the tender documents at County Government of Busia P O Box Private Busia during normal working hours A complete set of tender documents may be obtained by interested candidates at the procurement office free of charge Completed tender documents are to be enclosed in plain sealed envelopes marked with tender reference number and be deposited in the Tender Box at County Government s Office Busia so as to be received on or before Wednesday 21 October 2015 Prices quoted should be net inclusive of all taxes and delivery must be in Kenya Shillings and shall remain valid for 120 days from the closing date of the tender Tenders will be opened immediately thereafter in the presence of the Candidates or their representatives who choose to attend at County Government Busia P O Box Private Bag Busia For COUNTY GOVERNMENT OF BUSIA Page 4 of 45 SECTION II 1 1 1 2 1 3 1 4 1 5 1 6 1 1 8 1 9 1 10 1 11 1 12 1 13 1 14 1 15 1 16 1 17 1 18 1 19 1 20 1 21 1 22 1 23 1 24 1 25 1 26 b c d 1 27 1 28 1 29 1 30 INSTRUCTIONS TO TENDERERS Table of Clauses Eligible tendetets ees Eligible goods treten ones Cost OF tendering ded Etuis Contents of Tend
53. urn it to the Procuring entity Performance Security Within Thirty 30 days of the receipt of notification of award from the Procuring entity the successful tenderer shall furnish the performance security in accordance with the Conditions of Contract in the Performance Security Form provided in the tender documents or in another form acceptable to the Procuring entity Failure of the successful tenderer to comply with the requirements of paragraph 2 27 or paragraph 2 28 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security in which event the Procuring entity may make the award to the next lowest evaluated Candidate or call for new tenders Corrupt or Fraudulent Practices The Procuring entity requires that tenderers observe the highest standard of ethics during the procurement process and execution of contracts when used in the present regulations the following terms are defined as follows 1 corrupt practice means the offering giving receiving or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution and ii fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Procuring entity and includes collusive practice among tenderer prior to or after tender submission designed to establish tender prices at art
54. witch should provide traffic shaping and rate limiting features for egress as well as ingress traffic for specified Host network Applications etc D Security Features i Switch should support MAC address based filters access control lists ACLs on all switch ports ii Switch should support Port as well as VLAN based Filters ACLs iii Switch should support RADIUS TACACS for access restriction and authentication iv Secure Shell SSH Protocol HTTP and DoS protection IP Route Filtering ARP spoofing DHCP snooping etc vi Should support DHCP snooping DHCP Option 82 Dynamic ARP Inspection DAI vii Should support a mechanism to shut down Spanning Tree Protocol PortFast enabled interfaces when BPDUs are received to avoid accidental topology loops Equivalent Support viii Should support a mechanism to prevent edge devices not in the network administrator s control from becoming Spanning Tree Protocol root nodes ix Switch should support static ARP Proxy ARP UDP forwarding and IP sourceguard X Switch should Support Ipv6 First hop Security Page 29 of 45 1 The switch should support MacSec IEEE 802 1 E Management Easy to Use Deployment and Control Features 1 Switch should have a console port with RS 232 RJ 45 Serial Interface for configuration and diagnostic purposes ii
55. y document other than the Contract itself enumerated in paragraph 3 5 1 shall remain the property of the Procuring entity and shall be returned all copies to the Procuring entity on completion of the Tenderer s performance under the Contract if so required by the Procuring entity Patent Rights The tenderer shall indemnify the Procuring entity against all third party claims of infringement of patent trademark or industrial design rights arising from use of the Goods or any part thereof in the Procuring entity s country Performance Security Within thirty 30 days of receipt of the notification of Contract award the successful tenderer shall furnish to the Procuring entity the performance security in the amount specified in Special Conditions of Contract The proceeds of the performance security shall be payable to the Procuring entity as compensation for any loss resulting from the Tenderer s failure to complete its obligations under the Contract The performance security shall be denominated in the currency of the Contract or in a freely convertible currency acceptable to the Procuring entity and shall be in the form of a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in Kenya or abroad acceptable to the Procuring entity in the form provided in the tender documents The performance security will be discharged by the Procuring entity and returned to the Candidate not later than thirty 30 days
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