CHEMELIL SUGAR COMPANY LIMITED
Tender Document For
======PROVISION OF SECURITY SERVICES ======
FOR THE YEAR 2017/2018
TENDER NO. CSCL/T/2017-2018/01 Table of Contents
Page
Section A INVITATION FOR TENDERS 3
Section B GENERAL INFORMATION 4
Section C GENERAL CONDITIONS OF CONTRACT 19
Section D SPECIAL CONDITIONS OF CONTRACT 23
Section E TECHNICAL SPECIFICATIONS 25
Section F TENDER FORMS AND PRICE SCHEDULES 27
Section G CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM 31
Section H STANDARD FORM 35
Section I STATEMENT OF VERIFICATION 37
Section J TENDER SECURITY FORM 38
Section K CONTRACT FORM 39
Section L PERFORMANCE SECURITY FORM 40
Section M BANK GUARANTEE FOR ADVANCE PAYMENT 41 Section I - Invitation to Tender
Date: 29th May 2017
To: ……………………………………………………… ....……………………………………………………. ………………………………………………………. ………………………………………………………
Dear Sir/Madam,
TENDER REF NO: CSCL/T/2017-2018/01
TENDER NAME: PROVISION OF SECURITY SERVICES
1.1 Chemelil Sugar Company Limited invites sealed tenders from eligible candidates for Provision of Security Services.
1.1 Interested eligible candidates may obtain further information from and inspect the tender documents at the Procurement Manager’s Office at Chemelil Sugar Company Limited during normal working hours. It may also be downloaded from our website www.chemsugar.co.ke /corporate documents or IFMIS Kenya Suppliers portal: http://supplier.treasury.go.ke free of charge
1.2 A complete hard copy set of tender documents may be obtained by interested candidates upon payment of non-refundable fees of Kshs. 1,000.00 (One thousand only) in cash or Bankers cheque payable to Chemelil Sugar Company Limited for ONLY those who may not be able to download the tender documents.
1.3 Prices quoted should be net inclusive of all taxes, must be in Kenya Shillings and shall remain valid for 90 (ninety) days from the closing date of the tender.
1.4 Completed tender documents are to be enclosed in plain sealed envelopes marked with tender reference number and be deposited in the Tender Box at the Company’s Reception or be addressed to The Managing Director, Chemelil Sugar Company Limited so as to be received on or before 2.00 p.m. on Friday, 9th June, 2017.
1.5 Tenders will be opened immediately thereafter in the presence of the Candidates or their representatives who choose to attend at the Company’s Boardroom.
Yours faithfully, For: CHEMELIL SUGAR COMPANY LIMITED
JAPHETH OJWANG PROCUREMENT MANAGER (Ag) Section B. General Information
Introduction
1.0 Eligible Tenderers
1.1 This Invitation for Tenders is open to all reputable providers of Security Services with good track record in provision of high quality reliable security services. Successful tenderers must have satisfactory network and system of supervision of the guards even where guards are deployed far away from fixed offices.
1.2 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices.
1.3 Bidders shall submit bid documents in two segments. Segment one will be the technical bid and segment two the financial bid.
2.0 Eligible Services
2.1 The two documents marked “Technical Proposal” and ‘Financial Proposal’ shall be enclosed in one envelope and sealed and clearly marked “Tender No. CSCL/T/2017- 2018/01” and be addressed to:-
The Managing Director Chemelil Sugar Company Limited P.O. Box 1649 – 40100 KISUMU
3.0 Cost of Tendering
3.1 The Tenderer shall bear all costs associated with the preparation and submission of its tender, and the Company, will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process. PART II
TECHNICAL BID
(TO BE SEALED IN AN ENVELOPE SEPARATE FROM FINANCIAL BID) The Tender Document
5.0 Contents
5.1 The tender document comprises the documents listed below and addenda issued in accordance with clause 6 of these instructions to tenders. (i) Invitation for Tenders (ii) General information (iii) General Conditions of Contract (iv) Special Conditions of Contract (v) Schedule of Requirements (vi) Technical Specifications (vii) Tender Form and Price Schedules (viii) Tender Security Form (ix) Contract Form (x) Performance Security Form (xi) Bank Guarantee for Advance Payment Form
5.2 The Tenderer is expected to examine all instructions, forms, terms, and specifications in the tender documents. Failure to furnish all information required by the tender documents or to submit a tender not substantially responsive to the tender documents in every respect will be at the tenderers risk and may result in the rejection of its tender.
6.0 Clarification of Documents
6.1 A prospective tenderer requiring any clarification of the tender document may notify the company in writing or by cable (hereinafter, the term cable is deemed to include telex and facsimile) at the Company’s address indicated in the Invitation for tenders. The Company will respond in writing to any request for clarification of the tender documents, which it receives no later than thirty (30) days prior to the deadline for the submission of tenders, prescribed by the Company. Written copies of the Company response (including an explanation of the query but without identifying the source of Inquiry) will be sent to all prospective tenderer that have received the tender document.
7.0 Amendment of Documents
7.1 At any time prior to the deadline for submission of tenders, the Company, for any reason, whether at its own initiative or in response to a clarification requested by a prospective tenderer, may modify the tender documents by amendment. 7.2 All prospective tenderers that have received the tender documents will be notified of the amendment in writing or by cable, and will be binding on them. 7.3 In order to allow prospective tenderers reasonable time in which to take the amendment into account in preparing their tenders, the Company, at its discretion, may extend the deadline for the submission of tenders. Preparation of Tenders
8.0. Language of Tender
8.1 The tender prepared by the tenderer, as well as all correspondence and documents relating to the tender exchanged by the tenderer and the Company, 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.
9.0. Documents Comprising the Tender
9.1 The tender prepared by the tenderer shall comprise the following components:
(a) a Tender Form and a Price Schedule completed in accordance with paragraph 9,10 and 11 below. (b) documentary evidence established in accordance with paragraph 12 that the tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted; (c) documentary evidence established in accordance with paragraph 13 that the goods and ancillary services to be supplied by the tenderer are eligible goods and services and conform to the tender documents; and (d) tender security furnished in accordance with paragraph 14.
10.0 Tender Form
10.1 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.
11.0 Tender Prices
11.1 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.
11.2 Prices quoted by the tenderer shall be fixed during the Tender’s performance of the contract and not subject to variation on any account. A tender submitted with an adjustable price quotation will be treated as non-responsive and will be rejected, pursuant to paragraph 22.
12.0. Tender Currencies
12.1 Prices shall be quoted in Kenya Shillings: 13.0. Tenderers Eligibility and Qualifications.
13.1 Pursuant to paragraph 1 of section III, the tenderer shall furnish, as part of its tender documents establishing the tenderers eligibility to tender and its qualifications to perform the contract if its tender is accepted.
13.2 The documentary evidence of the tenderers eligibility to tender shall establish to the Company’s satisfaction that the tenderer, at the time of submission of its tender, is from an eligible source country as defined under paragraph I of section III.
13.3 The documentary evidence of the tenderers qualifications to perform the contract if it tender is accepted shall establish to the Company's satisfaction:
(a) that the tenderer has the financial and technical capability necessary to perform the contract;
(b) that, in the case of a tenderer not doing business within Kenya, the tenderer is or will be (if awarded the contract) represented by an Agent in Kenya equipped, and able to carry out the Tenderer’s maintenance, repair, and spare parts-stocking obligations prescribed in the Conditions of Contract and/or Technical Specifications.
14.0 Track Record and Referees
14.1 Bidders must provide names and addresses of at least three (3) firms they have provided similar services to within the last five (5) years clearly indicating the contract sums with each firm.
Where the contracts have been terminated, bidders must provide explanations of the circumstances leading to the termination of contract. The information shall be provided in conformity with the format provided in part III of this tender document and especially Section G.
The Company reserves the right to refer to the firms listed to verify the information given without reverting to the tenderer.
15.0. Tender Security
15.1 The tenderer shall furnish, as part of its tender, a tender security for the amount specified in the Invitation to tender. Tender security for this tender shall be 2 % of the total bid price quoted by bidders.
15.2 The tender security is required to protect the Company against the risk of Tenderer’s conduct which would warrant the security’s forfeiture, pursuant to paragraph 14.7.
15.3 The tender security shall be denominated in Kenya Shillings and shall be in the form of a bank guarantee or a bank draft issued by a reputable bank located in Kenya, in the form provided in the tender documents or another form acceptable to the Company and valid for thirty (30) days beyond the validity of the tender.
15.4 Any tender not secured in accordance with paragraph 14.1 and 14.3 will be rejected by the Company as non-responsive, pursuant to paragraph 22. 15.5Unsuccessful Tenderer’s tender security will be discharged or returned as promptly as possible but not later than thirty (30) days after the expiration of the period of tender validity prescribed by the Company.
15.6The successful Tenderer’s tender security will be discharged upon the tenderer signing the contract, pursuant to paragraph 30, and furnishing the performance security, pursuant to paragraph 31.
15.7The tender security may be forfeited:
(a) if a tenderer withdraws its tender during the period of tender validity specified by the Company on the Tender Form; or
(b) in the case of a successful tenderer, if the tenderer fails:
(i) to sign the contract in accordance with paragraph 30
or
(ii) to furnish performance security in accordance with paragraph 31.
16.0. Validity of Tenders
16.1 Tenders shall remain valid for 90 days or as specified in the tender documents after date of tender opening prescribed by the Company, pursuant to paragraph 18. A tender valid for a shorter period shall be rejected by the Company as non-responsive. 16.2 In exceptional circumstances, the Company may solicit the Tenderer’s consent to an extension of the period of validity. The request and the responses thereto shall be made in writing. The tender security provided under paragraph 14 shall also be suitably extended. A tenderer may refuse the request without forfeiting its tender security. A tenderer granting the request will not be required nor permitted to modify its tender.
17.0. Format and Signing of Tender
17.1 The Company shall prepare bid documents in two segments. Segment one will be the Technical Bid and segment two the Financial Bid.
17.2 Segment one which is the Technical Bid shall be submitted in two documents one which shall be the original document to be clearly marked “Original Technical Bid” and the other a replica of the Original Technical Bid to be clearly marked “Copy Technical Bid”. The marking should be in capital, bold and prominent letters.
The two documents shall be enclosed in an envelope and sealed.
17.3 Segment two which is the Financial Bid shall be submitted in two documents one which shall be the original document to be clearly marked “Original Financial Bid” and the other a replica of the Original Financial Bid to be clearly marked “Copy Financial Bid”. The marking should be in capital, bold and prominent letters.
The two documents shall be enclosed in an envelope and sealed. Submission of Tenders
18.0. Sealing and Marking of Tenders
18.1 Technical Bid Envelope
Comprising of the following documents (i) Tender notice (ii) Invitation for Tender (iii) Bid bond 2% of the total contract value (iv) Technical bid (document)
Financial Bid Envelope Comprising of the following documents
(i) Duly completed, signed and stamped price schedule
18.2 The inner envelopes shall be clearly marked as follows
(i) Original Technical (i) Original Financial
(ii) Copy Technical (ii) Copy Financial
The envelope shall then be sealed in an outer envelope and be boldly and clearly marked “TENDER NO. CSCL/T/2017-2018/01
(a) be addressed to the Company at the following address to:-
The Managing Director, Chemelil Sugar Company Limited, P.O. Box 1649 - 40100 KISUMU bearing Tender for Provision of Security Services, and the words: “DO NOT OPEN BEFORE,” 2.00 p.m. on Friday, 9th June, 2017
18.3 The inner envelopes shall also indicate the name and address of the tenderer to enable the tender to be returned unopened in case it is declared “late” and non responsive technically.
18.4If the outer envelope is not sealed and marked as required by paragraph 17.2, the Company will assume no responsibility for the tender’s misplacement or premature opening.
19.0 Deadline for Submission of Tenders
19.1 Tenders must be received by the Company at the address specified under paragraph 17.2 not later than 2.00 p.m. on Friday, 9th June, 2017
19.2 The Company may, at its discretion, extend this deadline for the submission of tenders by amending the tender documents in accordance with paragraph 6, in which case all rights and obligations of the Company and tenderers previously subject to the deadline will thereafter be subject to the deadline as extended.
20.0. Modification and Withdrawal of Tenders
20.1 The tenderer may modify or withdraw its tender after the tender's submission, provided that written notice of the modification, including substitution or withdrawal of the tenders, is received by the Company prior to the deadline prescribed for submission of tenders.
20.2 The Tenderer’s modification or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of paragraph 17. A withdrawal notice may also be sent by cable, but followed by a signed confirmation copy, postmarked not later than the deadline for submission of tenders.
20.3 No tender may be modified after the deadline for submission of tenders.
20.4 No tender may be withdrawn in the interval between the deadline for submission of tenders and the expiration of the period of tender validity specified by the tenderer on the Tender Form. Withdrawal of a tender during this interval may result in the Tenderer’s forfeiture of its tender security, pursuant to paragraph 14.7.
Opening and Evaluation of Tenders
21.0 Opening of Tenders
21.1 The Company will open all tenders in the presence of tenderer's representatives who choose to attend, at 2.00 p.m. on Friday, 9th June, 2017.
at the Company’s Boardroom.
The tenderers’ representatives who are present shall sign a register evidencing their attendance. 21.2 The tenderers’ names, tender modifications or withdrawals, tender prices, discounts, and the presence or absence of requisite tender security and such other details as the Company, at its discretion, may consider appropriate, will be announced at the opening.
21.3 The Company will prepare minutes of the tender opening.
22.0. Clarification of Tenders 22.1 To assist in the examination, evaluation and comparison of tenders the Company 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. Any effort by the tenderer to influence the Company in the Company’s tender evaluation, tender comparison or contract award decisions may result in the rejection of the tenderers’ tender. 23.0. Preliminary Examination
23.1 The company 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.
23.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail, and the total price shall be corrected. If the candidate does not accept the correction of the errors, its tender will be rejected, and its tender security may be forfeited. If there is a discrepancy between words and figures, the amount in words will prevail.
23.3 The Company 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.
23.4 Prior to the detailed evaluation, pursuant to paragraph 23, the Company 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 Company’s determination of a tender’s responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence.
23.5 If a tender is not substantially responsive, it will be rejected by the Company and may not subsequently be made responsive by the tenderer by correction of the nonconformity.
24.0 Evaluation and Comparison of Tenders
24.1 Bids shall be evaluated in three stages.
Stage I: Shall be the evaluation on the Mandatory Requirements and any bid that fails to meet any one of the mandatory requirements shall not proceed to the next stage.
Firms must visit and survey the premises before taking tenders, a certificate of site visit shall be issued and forms part of the mandatory documents without which the bidder shall be disqualified.
Stage II: Shall be the Technical Evaluation. Only bids that attain a score equal to or above 70 out of 100% of marks applicable in the Technical Evaluation shall proceed to the next stage.
A Technical Evaluation team may wish to visit the premises of the winning bidder to verify information provided before the award of contract.
Stage III: Shall be the Financial Evaluation Firms that do not proceed to the Financial Evaluation shall have their Financial bids re-turned un-opened. 24.2 Evaluation will be based on the guides indicated below:-
24.2 Any tender who does not meet the cut-off score of 70% will not be eligible for financial evaluation.
Stage 1: Mandatory Requirements
These are mandatory requirements and bidders are expected to provide all the documents in order to proceed to the next stage of evaluation. The stage shall be evaluated on a YES/NO basis.
S/No Particulars YES/NO
1. Certificate of incorporation/registration 2. Valid Tax Compliance Certificate (KRA), PIN and VAT certificates 3. Recent NSSF and NHIF Compliance/Evidence of up-to-date remittances 4. Recent Letter of Compliance from Ministry of Labour ascertaining payment of minimum wage and `timely payment of salaries 5. Copy of membership certificate for KSIA or PSIA 6. State with relevant evidence any two (2) social welfare programs provided for guards e.g Medical or SACCO 7. Copies of Contracts from at least five (5) organizations with at least Ksh. 500,000.00 monthly invoice value being served currently 8. Certified Valid Communications Authority (CA) Licenses for both Radio and Alarm communications 9. Audited Financial Accounts for the last three (3) years with Annual Turnover of at least Ksh. 100 million 10. Evidence of operating fleet of at least twenty (20) vehicles with atleast 5 motorcycles and logbooks in the company’s name 11. The Tenderer shall make a mandatory site visit in all areas bidded for. A site visit certificate shall be issued by the procuring entity’s representatives fully filled which MUST be attached in the tender document by the bidder. Stage 2: Technical Evaluation
No. Requirements Marks 1. Competence of Key Operations and Technical Staff in charge of 12 security operations and monitoring
2. Evidence of training of guards in: 12 - Fire fighting - First Aid - Customer Care and PR - Surveillance and monitoring - Physical Security environment - Supervision
3. Evidence of availability of at least twenty five (25) well vaccinated 10 and trained security dogs
4. Evidence of ability to effectively supervise guards 10
5. I.S.O Certification or evidence of being in the process of I.S.O 10 Certification and authorized use of reputed Quality Management Systems
6. Evidence of existence emergency/Fire response equipment from the 10 nearest operating offices
7. Evidence of Insurance Covers: 6 - WIBA - Public/Contractual Liability - Fidelity Guarantee
8. Proof of linkages with Kenya Police Service in investigations, 10 intelligence and patrols
9. Evidence of working experience in at least three (3)companies in 10 similar industry within the last three (3) years 10. Suitable Operations Plan 10
Total 100 Site Technical Evaluation
Bidders shall be visited at their nearest operational premises and assessed based on the following particulars:
No Requirements Particulars YES/NO . 1. Evidence of premises - Building facility - Accessibility - Parking Yard - Marching Parade 2. Proof of adequate communication - Security Control equipment and Back-Up/Emergency Room Response Services - VHF Portable radios - VHF Base Stations - Relevant Communications Authority (CA) licenses - Qualified Technical team 3. Proof of technical capacity to install and - CCTV maintain complementary electronic - Electric Fence security equipment - Base and Mobile Radio Communications - Electronic Supervision gadgets 4. Evidence of ability to effectively - Training of supervise guards supervisors - Supervisory reports 5. Evidence of ownership of at least twenty - Original (20) security dogs Certificates of vaccination 6. Evidence of Compliance from Ministry - Pay-slips (might of Labour ascertaining payment of require random minimum wage. checks from any current area of operation if necessary)
Note: Tenders may be awarded partially or whole as per category on schedule of requirements at the discretion of Chemelil Sugar Company Limited. The procuring entity requires that the services under the Invitation for Tender shall be performed at the time specified in the Schedule of Requirements. Tenders offering to perform longer than the procuring entity’s required time will be treated as non-responsive and rejected.
Any inconsistencies noted in any of the above requirements shall lead to automatic disqualification. Note that you may be required to produce Original Certificates for ease of verification. The procuring entity reserves the right to carry out independent investigations to verify the accuracy of information provided.
The minimum wage guideline as stipulated in the prevailing gazette notice(s) must be reflected in the financial bids. Non-complying financial rates will result to disqualification in the financial evaluation.
(b) Financial Evaluation
Financial evaluation will be based on the lowest evaluated bidder.
24.3 The Companys’ evaluation of a tender will take into account , in addition to the tender price and the price of incidental services , the following factors , in the manner and to the extent indicated in paragraph 23.5 and in the the technical specifications :
a) deviations in payment schedule from that specified in the special conditions of the contract; b) the cost of service c) the availability in Kenya of services offered in the tender
24.4 Pursuant to to paragraph 23.4 the following evaluation method will be applied a) Deviation in payment schedule
Tenders shall state their tender price for payment of schedule outlined in the special conditions of contract . Tenders will be evaluated on the basis this base price.Tenderers are ,however permitted to state an alternative payment schedule and indicate the reduction in tender price they wish to offer for such alternative payment schedule.The company may consider the alternative payment schedule offered by the selected tenderer. b) Back-up and after sales service
Tenderers must offer service and back-up. Documentary evidence and locations of such back- up must be given.Where a tenderer offers such back-up in the country, he must give documentary evidence and assurance that he will establish adequate back-up for service supplied.
25.0. Contacting the Company
25.1 Subject to paragraph 21, no tenderer shall contact the company on any matter relating to its tender, from the time of the tender opening to the time the contract is awarded. 25.2 Any effort by a tenderer to influence the Company in its decisions on tender evaluation, tender comparison, or contract award may result in the rejection of the Tenderer’s tender.
Award of Contract
26.0. Post-qualification
26.1 The Company 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.
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 12.3, as well as such other information as the Company deems necessary and appropriate. Site visits will also be conducted to ascertain information provided.
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 Tenderer’s tender, in which event the Company will proceed to the next lowest evaluated tender to make a similar determination of that Tenderer’s capabilities to perform satisfactorily.
27.0. Award Criteria
27.1 Subject to paragraph 10,23 and 28 the Company 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.
28.0. Company’s Right to Vary Quantities
28.1 The Company reserves the right at the time of contract award and during the contract performance and execution to increase or decrease the number of guards originally specified in the Schedule of requirements and tendered for without any change in unit price or other terms and conditions.
28.2 Adjustment of number of guards and the bid price.
The Company reserves the right to reduce or increase the number of guards specified in this tender document at any time before contract is executed and where this right is actnolised, the bid price quoted in the tender document shall be adjusted pro-prata using the following formula.
Initial Bid Price x Adjusted No. of Guards = Adjusted Bid Price (Applicable Price) Initial No. of Guards in the tender document
This formula shall be applied provided the increase or decrease does not exceed 25% of the total number of the guards. 29.0. Company’s Right to Accept or Reject Any or All Tenders
29.1 The Company reserves the right to accept or reject any tender, and to annul the tendering process and reject all tenders at any time prior to contract award, without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Company’s action.
30.0. Notification of Award 30.1 Prior to the expiration of the period of tender validity, the company will notify the successful tenderer in writing that its tender has been accepted. 30.2 The notification of award will be part of the Contract. 30.3 Upon the successful Tenderer’s furnishing of the performance security pursuant to paragraph 31, the Company will promptly notify each unsuccessful Tenderer and will discharge its tender security, pursuant to paragraph 14. 31.0. Signing of Contract
31.1 At the same time as the Company notifies the successful tenderer that its tender has been accepted, the company will send the tenderer the Contract Form provided in the tender documents, incorporating all agreements between the parties. 31.2 Within thirty (30) days of receipt of the Contract Form, the successful tenderer shall sign and date the contract and return it to the Company.
32.0. Performance Security
32.1 Within thirty (30) days of the receipt of notification of award from the Company, 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 Company. 32.2 Failure of the successful tenderer to comply with the requirement of paragraph 30 or paragraph 31 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security, in which event the Company may make the award to the next lowest evaluated tenderer or call for new tenders.
33.0. Corrupt Fraudulent Practices
33.1 The Company requires that tenderers observe the highest standard of ethics during the procurement process and execution of contracts. In pursuance of this policy, the Company:-
(a) defines, for the purposes of this provision, the terms set forth below as follows: (i) “corrupt practice” means the offering, giving, receiving or soliciting of any thing 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 Company, and includes collusive practice among tenderer (prior to or after tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive the Company of the benefits of free and open competition;
(b) will reject a proposal for award if it determines that the tenderer recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question; (c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded any contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a contract.
33.2 Furthermore, tenderers shall be aware of the provision stated in the General Conditions of Contract. Section C-General Conditions of Contract
1.0. Definitions
1.1 In this Contract, the following terms shall be interpreted as indicated:
(a) “The Contract” means the agreement entered into between the company and the tenderer, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.
(b) “The Contract Price” means the price payable to the tenderer under the Contract for the full and proper performance of its contractual obligations.
(c) “The Goods” means all of the Security Services, which the tenderer is required to provide to the company under the Contract.
(d) “The Company” means Chemelil Sugar Company Limited procuring Security Services under this Contract.
(e) “The Tenderer” means the individual or firm providing Security Services under this Contract.
2.0. Application
2.1 These General Conditions shall apply in all Contracts made by the Company for the procurement of services.
3.0. Country of Origin
3.1 For purposes of this Clause, “origin” means the place where the services were sourced from or produced.
3.2 The origin of Goods and Services is distinct from the nationality of the tenderer.
4.0. Standards
4.1 The services rendered under this Contract shall conform to the standards mentioned in the Technical Specifications.
5.0. Use of Contract Documents and Information
5.1 The tenderer shall not, without the Company’s prior written consent, disclose the Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the Company in connection therewith, to any person other than a person employed by the tenderer in the performance of the Contract.
5.2 The tenderer shall not, without the Company’s prior written consent, make use of any document or information enumerated in paragraph 5.1 above. 5.3 Any document, other than the Contract itself, enumerated in paragraph 5.1 shall remain the property of the Company and shall be returned (all copies) to the Company on completion of the Tenderer’s performance under the Contract if so required by the Company.
6.0. Patent Rights
6.1 The tenderer shall indemnify the Company 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 Company’s country.
7.0. Performance Security
7.1 Within thirty (30) days of receipt of the notification of Contract award, the successful tenderer shall furnish to the Company the performance security in the amount specified in Special Conditions of Contract.
7.2 The proceeds of the performance security shall be payable to the Company as compensation for any loss resulting from the Tenderer’s failure to complete its obligations under the Contract.
7.3 The performance security shall be denominated in the currency of the Contract, or in a freely convertible currency acceptable to the Company and shall be in the form of a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in Kenya, acceptable to the Company, in the form provided in the tender documents.
7.4 The performance security will be discharged by the Company and returned to the tenderer not later than thirty (30) days following the date of completion of the Tenderer’s performance obligations under the Contract, including any warranty obligations, under the Contract.
8.0. Inspection and Tests
8.1 The Company or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications. The Company shall notify the tenderer in writing, in a timely manner, of the identity of any representatives retained for these purposes.
8.2 The inspections and tests may be conducted on the premises of the tenderer or its subcontractor(s), at point of delivery, and/or at the Goods’ final destination. If conducted on the premises of the tenderer or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Company.
8.3 Should any inspected or tested Goods fail to conform to the Specifications, the Company may reject the Goods, and the tenderer shall either replace the rejected Goods or make alterations necessary to meet specification requirements free of cost to the Company
8.4 The Company’s right to inspect, test and, where necessary, reject the Goods after the Goods’ arrival shall in no way be limited or waived by reason of the Goods having previously been inspected, tested, and passed by the Company or its representative prior to the Goods’ delivery.
8.5 Nothing in paragraph 8 shall in any way release the tenderer from any warranty or other obligations under this Contract.
9.0. Delivery and Documents
9.1 Delivery of the services shall be made by the tenderer in accordance with the terms specified by Company in its Schedule of Requirements and the Special Conditions of Contract
10. 0. Insurance
10.1 The Services/Goods supplied under the Contract shall be fully insured in the manner specified in the Special conditions of contract.
11.0. Payment
11.1 The method and conditions of payment to be made to the tenderer under this Contract shall be specified in Special Conditions of Contract.
11.2 Payments shall be made promptly by the Company as specified in the contract.
12.0. Prices
12.1 Prices charged by the tenderer for Goods delivered and Services performed under the Contract shall not, with the exception of any price adjustments authorized in Special Conditions of Contract, vary from the prices by the tenderer in its tender.
13.0. Assignment
13.1 The tenderer shall not assign, in whole or in part, its obligations to perform under this Contract, except with the Company’s prior written consent.
14.0. Subcontracts
14.1 The tenderer shall notify the Company 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.
15.0. Termination for Default
15.1 The Company 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 and/or in the Local Purchase Order, or within any extension thereof granted by the Company. (b) If the tenderer fails to perform any other obligation(s) under the Contract.
(c) If the tenderer, in the judgment of the Company has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.
15.2 In the event the Company terminates the Contract in whole or in part, it may procure, upon such terms and in such manner as it deems appropriate, Goods similar to those undelivered, and the tenderer shall be liable to the Company for any excess costs for such similar Goods.
16. 0. Liquidated Damages
16.1.If the tenderer fails to deliver any or all of the goods within the period(s) specified in the contract and/or in the Local Purchase Order, the Company 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 goods up to a maximum deduction of 10% of the delayed goods. After this the tenderer may consider termination of the contract.
17.0. Resolution of Disputes 17.1 The Company and the tenderer shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between the under or in connection with the contract.
17.2 If, after thirty (30) days from the commencement of such informal negotiations both parties have been unable to resolve amicably a contract dispute, either party may require adjudication in an agreed national or international forum, and/or international arbitration.
18.0. Language and Law 18.1 The language of the contract and the law governing the contract shall be English language and the Laws of Kenya respectively unless otherwise stated.
19.0. Force Majeure 19.1 The tenderer shall not be liable for forfeiture of its performance security, or termination for default if and to the extent that its delay in performance or other failure to perform it obligations under the Contract is the result of an event of Force Majeure. Section D: Special Conditions of Contract
1.0. Performance Security:
The amount of the performance security as a percentage of the Contract price shall be 2.0%.
2.0. Performance and Documents
(i) Performance of the services shall be made by the tenderer to the Company premises and in accordance with the time schedule prescribed by the Company.
(ii) If at any time during the performance of the Contract, the tenderer should encounter conditions impeding timely provision of services, the tenderer shall promptly notify the Company in writing of the fact of the delay, its likely duration and its causes. On receipt of the tenderer notice, the Company shall evaluate the situation and may at its discretion extend the tenders' time for delivery with or without liquidated damages, in which case the extension shall be ratified by the Company by amendment of the Order.
(iii)Except as provided under the General Conditions of contract paragraph 20, a delay by the tenderer in the performance of its delivery obligations shall render the tenderer liable to the imposition of liquidated damages pursuant to paragraph 17 unless an extension of time is agreed upon pursuant to paragraph 2 (ii) above without application of liquidated damages.
(iv) Upon provision of the services, the tenderer shall notify the Company and forward the following documents to the company:
(a) Copies of the tenderer's invoice showing description of services, quantity unit price, total amount and Order number or Reference.
(b) Provision notice giving details as (a) above.
The Company with the provision of services shall receive the above documents, and if not received, the services will be rejected and the tenderer will be responsible for any consequent expenses.
3.0. Payment
The method and conditions of payment to the tenderer under this contract shall be as follows:
(i) payment for the Services shall be made in local currency (ii) payment for the Services shall be made by the Company's cheque (iii) there shall be no advance payment under this contract (iv) payments shall be made promptly by the Company, but in no case later than ninety (90) days after submission of an invoice and a statement or claim by the tenderer.
4.0. Prices
Prices quoted by the tenderer shall be fixed during the tenderer's performance of the Contract and not subject to variation on any account for a period of 6 months except due to statutory or legislative requirements. Unit price quoted shall be inclusive of all other charges incidental to the delivery of the goods to our premises.
5.0. Availability
The tenderer shall carry sufficient inventories to assure supply of the Services tendered for. The Security Services shall be supplied as promptly as possible and within the period specified on the Orders.
6.0. Warranty
(i) The tenderer warrants that the services provided under the contract conforms to the specifications indicated in the Contract and/or Orders. The tenderer further warrants that all Services supplied under this contract shall have no defects, except when is required by the Company's specification or from any act or omission of the tenderer that may develop under normal use of the supplied Services in the Conditions prevailing in the Company.
(ii) If, for reasons attributed to the tenderer, these warranties are not attained in whole or in part. the tenderer shall either:
(a) make such changes, modifications and/or additions to the services or any part thereof as may be necessary in order to attain the contracted warranties specified in the contract at its own cost and expense and to carry out further performance tests to the satisfaction of the Company, or (b) Replace such Services with the ones that conform to the specifications in the contract at his own costs.
7.0 Insurance
The tenderer shall cover all insurance risk for the services being provided in the Company's premises.
8.0 The Company reserves the right to award the contract in whole or in part without any change in the Unit price or other terms and conditions.
9.0 The tenderer shall obtain for himself on his own responsibility, all information that may be necessary for preparing the tender and entering into a contract. Section E. Technical Specifications
These specifications describe the basic requirements for service. Tenderes are requested to submit with their offers the detailed specifications, catalogues, etc. for the service they intend to supply.
24.0 SERVICE REQUIREMENTS
The successful Bidder will be expected to undertake the following:-
1. All assignment areas should be manned by required personnel at all times. 2. All guards should be in well groomed, in full uniform and presentable while on assignment. 3. Guards must report on duty 15 minutes before change over time. 4. All vehicles entering and exiting Company premises should have the occupants/items checked and logged in the register before authority to proceed is granted. All Company equipment or furniture being removed from premises must be accompanied by duly authorized gate passes whose copy should be retained by the guard. 5. Guards must be literate and able to communicate and express themselves verbally and in writing in the national language. 6. Guards should exhibit courtesy, respect and customer care while undertaking their duties. 7. Guards should be familiar with operating of radios, alarm systems, access control systems and Close Circuit Televisions systems (CCTV) 8. Provide trained security dogs and trained dog handlers where required. 9. Provide effective radio communication HF & VHF with an established base station and or suitable electronic communications, deployment and routine check patrol vehicles, motor bikes 9 provide details of motor vehicles and motor bikes) together with CCK radio communication licences. 10. Attend fire emergency situation/fire prevention, detection and control. 11. Have back-up systems in cases of emergencies. 12. Identify and mitigate threats such as attacks, thefts and bombs. 13. Assist in First Aid and evacuation drills. 14. The guards should be able to conduct crowd control. 15. The guards should be able to summon police, fire brigade and ambulances in cases of emergencies. 16. All persons employed and deployed to CSCL must be medically fit to undertake their duties. Relevant Medical Certificates to be produced upon request. 17. All persons employed and deployed to CSCL should be of legal age and have Certificates of Good Conduct. 18. All security officers and personnel will be subjected to an effective supervisory arrangement and procedures that CSCL will spell out and CSCL shall make periodical checks/visits. 19. All guard dogs will be required to be medically examined and medical certificates supplied. The quality of breeds of such dogs must be indicated and certified by a veterinary doctor. 20. The security Company shall be expected to comply with Environmental Management Coordination Act (EMCA) and Occupational Health & safety Act (OSHA) and other Statutory requirements relevant to security service. 21. The Security Company will conduct regular reviews as prescribed in the Performance Assessment Form of the service. 22. The guards are prohibited from operating any type of equipment, driving of CSCL or staff vehicles within their reach. 23. There will be no extra charges for Saturdays, Sundays and Public Holidays. 24. Guards are prohibited from sleeping, smoking, lighting borne fires, chewing cane. Or chatting during working hours. 25. Guards must not tamper with any apparatus, switches, meters and accessories. 26. Guards posted in high operation sites must use protective gears. Safety precautions must be adhered to within the Factory Plant.
24.1 MAINTENANCE OF OCCURRENCE BOOK
The procuring entity will provide OB as required where daily occurrences will be recorded and the supervisors will sign to certify their physical visits or change of guards i.e. Occurrence Books and note any incidences during the execution of the Works. The Occurrence Book will be the property of CSCL and shall be presented to the CSCL Management as required.
24.2 KITTING/EQUIPMENT
All guards must be fully equipped with the right tools of their trade as follows:-
1. Peak Caps/Berets 2. Whistles and Lanyards 3. Torches and batteries 4. Serviceable military boots 5. Other security equipments like electronic metal detectors, undercarriage mirrors e.t.c 6. Great coats 7. Sweaters 8. Clean, presentable uniforms (shirt & trousers) and ties where applicable at all times while on duty. 9. Clubs 10. Identification badges 11. Communication equipments 12. Umbrellas and any other protective clothing 13. A Performance Assessment Report form shall be completed by both parties on monthly basis.
24.3 LOGISTICS
The Security Company shall make arrangements and be responsible at their own cost for the following:- 14. a) General Transport requirements for all its personnel to and from the assignment to be factored in their own cost for their operational convenience.
15. b) The Security Company shall be expected to establish a site office outside CSC administration offices where necessary.
16. c) Provision of communication equipments at the assignment area and all patrol vehicles must be fitted with UHF radio communications. Section F. Tender Form and Price Schedules (i) Form of Tender Date: ______
Tender No: ______To: ______
Gentlemen and/or Ladies:
1. Having examined the tender documents including Addenda Nos. ______the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply/provide and deliver ______[description of services] in conformity with the said tender documents for the sum of Kshs______[total tender amount in words and figures] or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Tender.
2. We undertake, if our Tender is accepted, to deliver the goods in accordance with the delivery schedule specified in the Schedule of Requirements.
3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum equivalent to 5% percent of the Contract Price for the due performance of the Contract, in the form prescribed by Chemelil Sugar Company Limited.
4. We agree to abide by this Tender for a period of 90 days from the date fixed for tender opening of the Instructions to tenderers, and it shall remain binding upon us and may be accepted at any time before the expiration of that period.
5. Until a formal Contract is prepared and executed, this Tender, together with your written acceptance thereof and your notification of award, shall constitute a binding Contract between us.
6. We understand that you are not bound to accept the lowest or any tender you may receive.
Dated this ______day of ______
[signature] [in the capacity of]
Duly authorized to sign tender for and on behalf of PART III
FINANCIAL BID
(TO BE ENCLOSED IN A SEPARATE ENVELOP FROM THE TECHNICAL BID) Price Schedules
Name of Tenderer ------Tender Number------
TENDER FOR SECURITY SERVICES – 2017/2018 Schedule I – Administration of Contract
NO ASSIGNMENT AREA NUMBER OF UNIT PRICE TOTAL
PERSONNEL PER MONTH PRICE
REQUIRED (KSHS) PER ANNUM
(KSHS)
PROJECT MANAGER 1
SUB TOTAL 1
Schedule II – Estates & Kisumu Show ground
A. GUARDS REQUIRED
NO ASSIGNMENT AREA NUMBER OF UNIT PRICE TOTAL
GUARDS PER GUARD PRICE
Day Night PER MONTH PER ANNUM
(KSHS) (KSHS) 1. Cane Control 1 1 2. Consumers 1 2 3. Bhanji/Chemelil Club 3 4 4. Chemelil Sugar 1 2 5. Academy 2 4 6. Factory Primary 1 2 7. B1 Primary 1 2 8. Mbogo I 2 3 9. Md’s Residence 2 2 10. Mbogo II 3 4 11. Mbogo III 2 3 12. Chairman’s House 2 2 13. Estate Patrol 2 0 14. Dispensary 2 2 15. Lagoon 1 2 16. L 1 Pump 2 4 17. Chui Club 0 1 18. Kisumu Showground 1 1 19. Js/Jb/New Jogoo Estates 0 2 20. Chui/Old Jogoo/Msingi 0 3 Estates 21. Jamhuri/Madaraka 0 4 Estates 22. Amani Estate 0 2 23. Nandi Sugar Belt Office 0 2 Yard 24. Boreholes – Nos. 1, 2, & 4 3 6
25. Makutano Estate 0 2
SUB TOTAL 32 64
B. SUPERVISORY PERSONNEL
NO ASSIGNMENT AREA NUMBER OF UNIT PRICE TOTAL
SUPERVISORS PER SUPERVISOR PRICE
PER MONTH PER ANNUM
(KSHS) (KSHS)
Supervisors 1 1
SUB TOTAL 1 1 TEMPORARYASSIGNMENTS As and when required ON REQUEST BY CHEMELIL (on need basis SUGAR AS AND WHEN as per standing rates) REQUIRED
C. DOGS SECTION
1 ESTATES 0 2
2 FACTORY 0 2
TOTAL NO. OF DOGS 4 SCHEDULE III – ADMINISTRATION OFFICES AND FACTORY
Name of Tenderer------
Tender Number…………………………………………………….
TENDER FOR SECURITY SERVICES – 2017/2018
A. GUARDS REQUIRED
NO ASSIGNMENT AREA NUMBER OF UNIT PRICE TOTAL PRICE
GUARDS PER GUARD PER ANNUM
Day Night PER MONTH (KSHS)
(KSHS)
Main Gate 2 2
Main Gate Reception Office 1 0
Hr/Agriculture Office 1 1
Cash Office 1 1
MD’s Reception 1 1
Time Office 2 2
Weighbridge gate 2 2
Chemical Store 1 1
Fertilizer Store 1 0
Cane Yard Patrol 1 1
Sugar Store 4 1
Baggase Loading 1 1
Baggase Gate 1 2
Railway Line 1 1 Water Treatment 1 1
Field Workshop 4 4
Factory Patrols 1 2
Factory/Field W/shop Gate 1 1
Factory Spares Store 1 1
External Cane Yard 1 1
Factory Lagoon Pond 1 1
SUB TOTAL 30 27
B. SUPERVISORY PERSONNEL
NO ASSIGNMENT AREA NUMBER OF UNIT PRICE TOTAL
SUPERVISORS PER SUPERVISOR PRICE
PER MONTH PER ANNUM
(KSHS) (KSHS)
Supervisors 1 1
SUB TOTAL 1 1
GRAND TOTAL 31 28
ADDRESS …………………………………………………………….
TEL NO. ………………………………………………………………
E- MAIL ……………………………………………………………….
DATE ………………………………………………………………….
SIGNATURE OF TENDERER………………………………………
Note: In case of discrepancy between unit price and total, the unit price shall prevail Section G. 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 ………………………………………………………………………………………………………………..
Location of business premises. ………………………………………………………………………………………………..
Plot No………………………………………………… Street/Road ………………………………………………………...
Postal Address …………………………….. Tel No. …………………. Fax ………………. E mail ………………………
Nature of Business ,……………………………………………………………………………………………………………
Registration Certificate No. …………………………………………………………………………………………………..
Maximum value of business which you can handle at any one time – Kshs. ………………………………………………….
Name of your bankers …………………………………………….. Branch ………………………………………………….
Date of formation: ……………………………………………………………………………………………………………..
State if premises is owned/rented/leased: ……………………………………………………………………………………...
If leased/rented, confirm that rent is either update or in arrears ……………………………………………………………….
Current trade licence No. ………………………………………………………………………………………………………
Other obligatory declarations (e.g.) PIN No ………………………………………………………………………………….
Has your Company at any one time been unable to perform on award of tender (Yes/No)? Tick whichever is applicable.
If yes, explain …………………………………………………………………………………………………………………..
…………………………………………………………………………………………………………………………………..
…………………………………………………………………………………………………………………………………..
Has your Company been engaged in any litigation for the last three years of operation (Yes/No)? Tick whichever is applicable.
If yes, explain and indicate the reasons ………………………………………………………………………………………..
………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………..
Part 2 (a) – Sole Proprietor Your name in full ………………………………………………………………… Age ……………………….
Nationality ………………………………… Country of origin ………………………………………………..
(a) Citizenship details ……………………………………………………………………………………..
Part 2 (b) Partnership
Given details of partners as follows:
Name Nationality Citizenship Details Shares
1. ………………………………………………………………………………………………………………..
2. …………………………………………………………………………………………………………………
3. …………………………………………………………………………………………………………………
4. ………………………………………………………………………………………………………………... Part 2 (c ) – Registered Company
Private or Public ……………………………………………………………………………………………………….
State the nominal and issued capital of company-
Nominal Kshs. ………………………………
Issued Kshs. …………………………………
Given details of all directors as follows
Name Nationality Citizenship Details Shares
1. ………………………………………………………………………………………………………………………….. 2. ………………………………………………………………………………………………………………………….. 3. ………………………………………………………………………………………………………………………….. 4. ………………………………………………………………………………………………………………………….. 5. ………………………………………………………………………………………………………………………….. Part 3: Associated/Subsidiary Companies
Provide details of other business firms that your Company has interest in.
No.Name of Company No. of Shares
1 2 3 4 5
Part 4: Areas of Interest/Specialisation
Based on your business operations, please specify areas of specialization e.g. residential guards, cash in transit services, parcel and courier services, alarm back-up services e.t.c.
1. …………………………………………………………………………………………………………………………..
2. …………………………………………………………………………………………………………………………..
3. ………………………………………………………………………………………………………………………….
4. ………………………………………………………………………………………………………………………….
5. ………………………………………………………………………………………………………………………….
6. …………………………………………………………………………………………………………………………
Part 5: Track Record Reference
Please specify names of at least five (5) major companies/corporation whom you have conducted/or have been conducting similar business with in the last three (3) calendar years.
No. Name of Company/Corporation Value of business conducted (2006/2007/2008) 1
2
3
4
5
Part 6: Past Business with Chemelil Sugar Company
(a) Have you ever been engaged by CSC to provide similar services to the ones being tendered for now?
Yes No. (Tick where appropriate)
(b) If yes, has there been any occasion when your services were terminated before the expiry of the contract?
Yes No. (Tick where appropriate)
If yes, explain ……………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………..
…………………………………………………………………………………………………………………………..
Part 7: Confirmation of declarations made
I/we the undersigned certify that the information given in the form is true to the last of my/our belief and knowledge.
N/B: False information detected will lead to automatic disqualification. Date: ……………………………………………………… Signed: ………………………………………..
Full name: ………………………………………………..
Position held ……………………………………………..
Official Rubber Stamp…………………………………… Section H. Standard Form
A. Tenderers are required to provide information on assets as hereunder.
(i) Entire Fleet
Type No. Motor vehicles Motor cycles
(ii) Operation Vehicles
No. Type Registration No. Description of use
B. Describe your Alarm Supported Response capability including locations where you this capability.
(i) Description of capability ……………………………………………………………………………… ……………………………………………………………………………… …… (ii) Location where you have the capacity Town location ……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… ……… C. Is your firm in a position to avail tracking dogs? If yes, indicate if they would be hired or owned by your firm.
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
D. Confirmation of declaration made.
I/we the undersigned certify that the information given above is true to the best of my/our belied and knowledge.
Date: ………………………………………………….. Signed: …………………
Full name: ……………………………………………..
Position held …………………………………………..
Official Rubber Stamp………………………………… Section I. Statement of Verification
1/we ………………………………………………………… hereby verify and confirm that:- a) 1/we have not committed and offence under the public Procurement and Disposal Act, 2005. b) I/we have not committed and offence relating to procurement under any Act. c) I/we have not breached a contract for a procurement by a public entity. d) I/we have not in procurement proceedings, given false information about my/our qualifications. e) I/we have not refused to enter into any previous written contact as required under Section 68 of the Public Procurement and Disposal Act, 2005.
I/we also hereby declare that I/we will not engage in any corrupt practice while participating in the procurement proceedings herein.
Sign: 1. Name: …………………………………………...
Designation: …………………………………….
Official rubber stamp
2. Name: …………………………………………...
Designation: …………………………………….
Official rubber stamp
3. Name: …………………………………………...
Designation: …………………………………….
Official rubber stamp Section J. Tender Security Form
Whereas………………………………………. [name of the tenderer] (hereinafter called “the tenderer”) has submitted its tender dated ………………..[date of submission of tender] for the supply of………. …………………………………………… [name and/or description of the goods] (hereinafter called “the Tender”)………….…………………………………………………. KNOW ALL PEOPLE by these presents that WE…….……………………………………… of…………………………………………………….. having our registered office at ……………………… (hereinafter called “the Bank”), are bound unto ……………………… [name of Company] (hereinafter called “the Company”) in the sum of …………………. for which payment well and truly to be made to the said Company, the Bank binds itself, its successors, and assigns by these presents. Sealed with the Common Seal of the said Bank this _____ day of ______20____.
THE CONDITIONS of this obligation are:
1. If the tenderer withdraws its Tender during the period of tender validity specified by the tenderer on the Tender Form; or
2. If the tenderer, having been notified of the acceptance of its Tender by the Company 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 Company up to the above amount upon receipt of its first written demand, without the Company having to substantiate its demand, provided that in its demand the Company 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 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] Section K. Contract Form (for information only)
THIS AGREEMENT made the……… day of ………………….. 20…………. between ………………………………[name of Company) of………………[country of Company] (hereinafter called “the Company”) of the one part and………………………………. [name of tenderer] of…………. [city and country of tenderer] (hereinafter called “the tenderer”) of the other part:
WHEREAS the Company invited tenders for certain goods, viz.,…………………………… [brief description of goods ] and has accepted a tender by the tenderer for the supply of those goods in the sum of……………………………………………………………………………. [contract price in words and figures] (hereinafter called “the Contract Price”).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as 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 and (e) the Company's Notification of Award.
3. In consideration of the payments to be made by the Company to the tenderer as hereinafter mentioned, the tenderer hereby covenants with the Company to provide the goods and to remedy defects therein in conformity in all respects with the provisions of the Contract
4. The Company hereby covenants to pay the tenderer in consideration of the provision 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 Company)
Signed, sealed, delivered by the (for the tenderer) in the presence of______Section L. Performance Security Form
To: …………………………………………………………………………………………… [name of Company]
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 goods ] (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 the sum specified therein as security for compliance with the Tenderer’s performance obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the tenderer a guarantee:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of 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 or sums within the limits of………………………………………………………………………………………………. [amount of guarantee] as aforesaid, without your 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_____.
Signature and seal of the Guarantors
[name of bank or financial institution]
[address]
[date]
46 SITE VISIT CERTIFICATE FORM
CONTRACTOR/CONTRACTOR’S REPRESENTATIVE SITE VISIT CERTIFICATE
TENDER NO:……………………………………………..,
TENDER NAME: …………………………………………………………………………………………………………… ……………………………………………………………………………………………………………
1. This is to certify that I,……………………………………………………………………….. (Name of tenderer or his representative) of the firm In the company of……………………………………………………………………………. (CSCL representative conducting the site visit) visited the site in connection with the tender for the above mentioned project.
2. Having previously studied the tender documents, I have carefully examined the site.
3. I have made myself familiar with the local conditions likely to influence the mentioned services.
I further certify that I am satisfied with the description of the service required and the explanations given by the CSCL representative and that I understand perfectly the services to be done as specified and implied in the execution of the contract.
Signed………………………………..
Date……………………………………
Name…………………………………………………………..(Tenderer or his representative)
Signed and stamped………………………………………………......
Date,……………………………………......
Name,……………………………………………………………..S/No………………….... (Chemelil Sugar Company Ltd, representative conducting the site visit)
Note: Fill in duplicate
47