GUSII MWALIMU SACCO TENDER DOCUMENTS 2015_2016

GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED

TENDER DOCUMENT FOR SUPPLY NAD DELIVERY OF GOODS AND SERVICES

CLOSING: 23rd DECEMBER 2014 AT 2:00PM Page 1


P.O. BOX 1335- 40200 – KISII

TEL: 058-30357

YEAR 2015 & 2016

SUPPLY AND DELIVERY OF GOODS AND SERVICES

INSERT REF NO:GMS/..............................

ALL TENDERERS ARE ADVISED TO READ CAREFULLY THIS TENDER

DOCUMENT IN ITS ENTIRETY + BEFORE MAKING BID.




SECTION I INVITATION TO TENDER

DATE: 08TH December/2014 TENDER REF NO: .....................................................

TENDER NAME: SUPPLY AND DELIVERY OF GOODS AND SERVICES REF NO: .GMS-......................................................

GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED invites sealed bids from eligible candidates for supply of above mentioned items.

Interested eligible candidates may obtain further information from and inspect the tender documents at GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED P.O. BOX 1335- 40200 – KISII - offices Mwalimu House 1st Floor located along Kisii-Kericho Road near Mashauri Petrol Station during normal working hour.

Completed tender documents are to be enclosed in plain sealed envelopes marked with tender reference number and be deposited in the Tender Box at Mwalimu House 1st Floor Or be addressed to CHIEF EXECUTIVE OFFICER GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED P.O. BOX 1335- 40200 – KISII

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

Eligible candidates may obtain the tender document from GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED during normal working hours

Tenders for GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED will be opened immediately thereafter in the presence of the candidates or their representatives who choose to attend at GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED conference Hall on 23rd December. Tuesday 2014 at 2.00 PM

THOMAS OGOTI

For CHIEF EXECUTIVE OFFICER





Tender Submission Format – Non financial proposal

This order and arrangement shall be considered as the Tender Submission Format, Non-Financial. Tenderer shall tick against each item indicating that they have provided it.

No. Item Tick Where Provided

Official Use only

Submission of tender document:

Declaration Form

Dully completed Tender Form

Copy of trading license

Copy of company/firm’s registration certificate

Copy of Pin certificate/ VAT registration

Confidential business questionnaire

Names of current and previous organizations, institutions or companies with full contacts as well as physical addresses; offered similar services in the last four years




TENDER SUBMISSION FORMAT- FINANCIAL PROPOSAL This order and arrangement shall be considered as the tender submission format, financial. Tenderers shall tick against each item indicating that they have provided it.

No. Item Tick where provided Official use

1. Authority to seek reference from yours (tender) bankers and current bank statement for the last six months

2. Audited financial statements. The audited financial statements required must be those that are reported within fifteen (6) calendar months of date of the tender document. (for companies or firms that are registered or incorporated within the last one calendar year of the date of the tender document, they should submit certified copies of bank statements covering a period of at least six months prior to the date of tender document. The copies should be certified by the bank issuing the statements. The certification should be original.

3. Evidence of adequacy of the working capital and access to bank credit line.

NOTES TO TENDERERS

Valid Tax compliance certificate shall be one issued by the relevant tax authorities and valid for at least up to the tender closing date. All Kenyan registered tenderer must provide a valid Tax compliance certificate.

All Kenyan registered tenderers must provide the personal identification number certification(PIN certificate)

Foreign Tenderers must provide equivalent documents from their country of origin as regards Tax compliance and pin certificates or statements certifying that the equivalent documentation is not issued in the tenderers country of origin. The statements(s) that equivalent documentation is not issued by the tenderers country should be original and issued by the tax authorities in the tenderers country of origin.

A non financial document or item includes one that does not contain or reveal the tender price(s) of the services and required audited financial statements. NB. Tenderers shall not insert financial documents or items in the non-financial tender submissions envelopes or packages

A financial document or item includes one that contains all information on the tender price(s) of

the services and the required audited financial statements.




SECTION I INSTRUCTIONS TO TENDERERS 1.1 SPECIAL ISSUE

Kenya Gazette Supplement No. 53

(Legislative Supplement No. 22) LEGAL NOTICE No. 60

THE PUBLIC PROCUREMENT AND DISPOSAL ACT (No. 30/2005)

IN EXERCISE of the powers conferred by section 140 of the Public Procurement and Disposal Act, 2005, the Minister for Finance makes the following Regulations:-

THE PUBLIC PROCUREMENT AND DISPOSAL (COUNTY GOVERNMENTS) REGULATIONS, 2013

l. These Regulations may be cited as the Public Procurement and Citation. Disposal (County Governments) Regulations, 2013.

2. In these Regulations, unless the context otherwise requires-

"Act" means the Public Procurement and Disposal Act, 2005; "Authority" means the Public Procurement Oversight Authority established under section 8 of the Public Procurement and Disposal Act, 2005;

"city" means an area conferred with the status of a city under section 8 of the Urban Areas and Cities Act, 20 II;

"county assembly" means a county assembly established under Article 176 of the Constitution;

"county government" means the county government provided for under Article 176 of the Constitution;

"County executive committee" means the county executive committee provided for under Article 179 of the Constitution;

"county government entities" means entities under a county government which include county corporations and institutions as may be determined to be county government entities by the county executive committee;

"county procuring entity" means a public entity within the county making a procurement as provided for in the Act;




"Directorate of Supply Chain Management Services" means the public procurement and asset disposal policy department of the National Treasury;

Kenya Subsidiary Legislation, 2013

"institute" means Kenya Institute of Supplies Management established under section 3 of the Supplies Practitioners Management No. 17 of2007. Act, 2007;

"local preference" means the right or opportunity to select a person from an identified target group that is considered more desirable than another in a constituency, city, urban area or county;

"National Treasury" means the national treasury established Under section II of the Public Finance Management Act, 2012; No. 18 of 20 12.

"micro enterprises" means a business undertaking with an initial-

(a) staff establishment of not more than ten employees; and

(b) annual turnover or investment not exceeding five hundred thousand shillings.

"Preference" means the right or opportunity to select a person from an identified target group that is considered more desirable than another;

"reservations" means setting aside goods, works, or services to a defined target group in a county within a specified threshold;

"Review Board" means the Public Procurement Administrative Review Board established under section 25 of the Public Procurement and Disposal Act, 2005;

"service delivery co-ordination unit" means the unit established under section 14 of the National Government Co-ordination Act, 2012 for the purpose of co-ordinating national government functions at county level;

"small enterprises" means a business undertaking with an initial-

(a) staff establishment of not less than eleven and not more than fifty employees; and




(b) annual turnover or investment not exceeding five million shillings; and

"urban area" means an area designated as such under the Urban Areas and Cities Act, 2011 as contemplated in Article 184 of the Constitution.

3. These Regulations shall be applicable to procurements and asset disposals by public entities within a county.

4. The purpose of these Regulations is to operationalise the application of the Public Procurement and Disposal Act, 2005 in the county governments, promote local industry and support socio- economic development in the counties.

Application.

Purpose of the Regulations.


5. For the purpose of section 3 (1 )(k) and 3(2) of the Act, public entities within a county shall include-

(a) county government, or entity of the county government; (b) county assembly;

(c) city;

(d) urban area; or

(e) county service delivery co-ordinating unit.

6. (I) A county procuring entity shall independently as a devolved unit be responsible for all its procurement and asset disposal decisions and shall ensure that they are made in a systematic, corporate and structured manner.

(2) All procurement shall be handled by different officers in respect of procurement initiation, processing and receipt of goods, works or services as set forth in the Threshold Matrix of the First




Schedule of the Public Procurement and Disposal Regulations, 2006.

7. (I) For the purpose of ensuring that procurement and asset disposal decisions are made in a systematic, corporate and structured manner, a county procuring entity shall establish the following standing committees from within its members of staff-

(a) tender committees specified in the Schedule to these Regulations;

(b) disposal committee; and

(c) such other bodies as prescribed under the Act.

(2) For greater certainty, a county procuring entity shall establish the following ad hoc committees-

(a) tender opening committee; (b) tender evaluation committee; (c) negotiation committee; and

(d) inspection and acceptance committee.

(3) Where a county public entity lacks capacity to comply with paragraph (2), the accounting officer shall seek advice from the Authority.

8. (I) The membership of the tender committees shall be as set out in the Schedule.

(2) The accounting officer shall inform the Authority on the composition of the county public entity's tender committee and respective alternates within fourteen days from the date of appointment in a format as prescribed under these Regulations.

County public entities.

Corporate decisions, segregation of responsibilities and threshold matrix.

Establishment of Committees.




Composition of tender committees.

(3) The accounting officer or head of the procuring entity shall appoint an alternate member for each member of the county and designated tender committee and only the alternate shall attend any meeting of the county and designated tender committee whenever the member is unable to attend.

9. In addition to the responsibilities set out under section 27(2) of the Act, a County Accounting Officer shall-

(a) establish procuring entities within the counties;

(b) establish a county tender committee which may be classified under threshold matrix A; and

(c) establish designated tender committees which may be classified under thresholds matrix A, B or C as set out in the Public Procurement and Disposal Regulations, 2006.

10. A county procuring entity shall ensure that it complies with the provisions of the Act, all the Public Procurement and Disposal Regulations, 2006, these Regulations, the directions of the Authority and the Administrative Review Board in respect of its procurement and disposal activities.

11. County governments shall apply preference and reservations to small and micro enterprises and other disadvantaged groups that are located and operate within the counties as specified in the Public Procurement (Preference and Reservations) Regulations, 2011.

12. All existing procurement and contractual records and responsibilities by-

(a) local authorities under the repealed Local Government Act; or

(b) district commissioners under the Districts and Provinces Act, shall be transferred to the respective county service delivery coordinating unit.

13. (1) Any procurement and disposal proceedings commenced but not finalized by any local authority, district, any health unit other than a referral hospital, the roads development fund, or any constituency development fund committee, before the coming into operation of these




Regulations are terminated.

(2) For the purposes of this regulation, a procurement and disposal proceeding is finalized when a contract has been entered into between the parties in accordance with section 67 and 68 of the Act.

14. Any procurement officer or supply chain management staff currently employed by the Public Service Commission and who is currently deployed in a local authority, district, a health unit other than a referral hospital, the roads development fund, or any constituency development fund committee shall report to the Interim County Head of Supply Chain Management for deployment upon commencement of these Regulations.

Responsibilities of County Accounting Officers.

County preference and reservations.

L.N 58 of 2011.

Transfer of procurement and contractual records and responsibilities.

Cap. 265. No.5 of 1992.

Termination of procurement and disposal proceedings.

Deployment of supply chain management staff.

Kenya Subsidiary Legislation. 2013




SCHEDULE

TENDER COMMITTEES AND THEIR COMPOSITION

1. County Government Tender Committee

( 7 (1) (a) and 8 (1)

An officer appointed in writing by the Secretary of the county. County Chief Officer (head of department) appointed in writing by the chief secretary of the county;

Five county chief officers (heads of departments) appointed in writing by the chief secretary of the county; and

The procurement professional heading the procurement unit of the county Government.

2. County Government Entities Tender Committee

An officer appointed in writing by the accounting officer of the county government entity;

County government entity chief officer (head of department) appointed in writing by the accounting officer;

Five county government entity chief officers (heads of departments) appointed in writing by the accounting officer; and the procurement professional heading the procurement unit of the county government entity.

3. County Assembly Tender Committee

An officer appointed in writing by the county assembly clerk; Head of department of the county assembly appointed in writing by the county assembly clerk; Five heads of departments appointed in writing by the county assembly clerk;

The procurement professional heading the procurement unit of the county assembly

4. City Tender Committee




An officer appointed in writing by the city manager; Head of department of the city appointed in writing by the city manager; Five heads of departments appointed in writing by the city manager; and

The procurement professional heading the procurement unit of the city.


5. Urban Area Tender Committee

An officer appointed in writing by the municipal or town manager; Head of department of the urban area appointed in writing by the municipal or town manager; Five heads of departments appointed in writing by the municipal or town manager; The procurement professional heading the procurement unit of the urban area.

6. County Service Delivery Co-ordinating Unit Tender Committee

An officer appointed in writing by the county commissioner; Head of department of the service delivery co-ordinating unit of the county appointed in writing by the county commissioner; Five heads of departments appointed in writing by the county commissioner; and The procurement professional heading the procurement unit of the service delivery co-ordinating unit of the county;

Dated the 25th March, 2013.

NJERU GITHAE, Minister for Finance.




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.

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 GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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.

2.2 Eligible Goods

All 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 assembly 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. 2.3 Cost of Tendering

The Tenderer shall bear all costs associated with the preparation and submission of its tender, and GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED, will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process.

All firms found capable of performing the contract satisfactorily in accordance to the set tender criteria shall be prequalified.

2.4. 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 Instructions to tenderers General Conditions of Contract Special Conditions of Contract Schedule of requirements




Technical Specifications Tender Form and Price Schedules Contract Form Confidential Business Questionnaire

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.

GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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.

2.6 Amendment of Documents

At any time prior to the deadline for submission of tenders, GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED , 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.

All 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, GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED , at its discretion, may extend the deadline for the submission of tenders.

2.8 Documents Comprising of Tender

The tender prepared by the tenderers shall comprise the following components a Tender Form and a Price Schedule completed in accordance with

paragraph 2.120, 2.10 and 2.11 below documentary evidence established in accordance with paragraph 2.1.2

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

documentary evidence established in accordance with paragraph 2..2.1 that the goods and ancillary services to be supplied by the tenderer are eligible goods and services and conform to the tender documents; and

tender security furnished in accordance with paragraph 2.14 2.120 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. 2.10 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 tender 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 2.22

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 conformity 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: a detailed description of the essential technical and performance characteristic

of the goods; 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 GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED ; and

a clause-by-clause commentary on GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED ’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 references to brand names or catalogue numbers designated by the Procurement entity in its Technical Specifications, are intended to be descriptive only and not restrictive. The tenderer may substitute alternative standards, brand names, and/or catalogue numbers in its tender, provided that it demonstrates to the Procurement entity’s satisfaction that the substitutions ensure substantial equivalence to those designated in the Technical Specifications.




2.15 Validity of Tenders

Tenders shall remain valid for 120 days or as specified in the Invitation to tender after the date of tender opening prescribed by GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED, pursuant to paragraph 2.18. A tender valid for a shorter period shall be rejected by GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED as non-responsive.

2.16 Format and Signing of Tender

The bidder 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. All 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 COPY OF TENDER” and “COPY 2 OF TENDER)”. The envelopes shall then be sealed in an outer envelope.

The inner and outer envelopes shall: (a) Be addressed to GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED at

the address given in the Invitation to Tender:

bear, tender number and name in the Invitation for Tenders and the words, “DO NOT OPEN BEFORE, 23rd December 2014 at 2.00 PM




2.18 Deadline for Submission of Tenders

TENDERS FOR GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED MUST BE RECEIVED BY THE ADDRESS SPECIFIED UNDER PARAGRAPH 2.17.2 NOT LATER THAN 23th DECEMBER 2014 at 2.00 PM

GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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 GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED and candidates previously subject to the deadline will therefore be subject to the deadline as extended

Opening of Tenders GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED will open all tenders in the presence of tenderers’, OR representatives who choose to attend, on Tuesday 23rd December 2014 AT 2.00 PM at the GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED conference hall.

The tenderers or their representatives who are present shall sign a register evidencing their attendance.

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 GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED, at its discretion, may consider appropriate, will be announced at the opening.

Clarification of Tenders To assist in the examination, evaluation and comparison of tenders GUSII MWALIMU

SAVINGS AND CREDIT SOCIETY LIMITED 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 GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED tender evaluation, tender comparison or contract award decisions may result in the rejection of the tenderers’ tender.

Preliminary Examination GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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.

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. If there is a discrepancy between words and figures the amount in words will prevail

GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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.

If a tender is not substantially responsive, it will be rejected by GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED and may not subsequently be made responsive by the tenderer by correction of the non conformity.

Evaluation and Comparison of Tenders GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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.

(b) Award Criteria

GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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.

(d) GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED’s Right to Accept or Reject Any or All Tenders

GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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 GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED action

Notification of Award Prior to the expiration of the period of tender validity, GUSII MWALIMU SAVINGS AND




CREDIT SOCIETY LIMITED 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

Signing of Contract At the same time as GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED notifies

the successful tenderer that its tender has been accepted, GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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 return it to GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED .

Corrupt or Fraudulent Practices GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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; “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

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

procurement process or the execution of a contract to the detriment of GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED , 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 GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED of the benefits of free and open competition;

GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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.




SECTION III - GENERAL CONDITIONS OF CONTRACT 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 GUSII MWALIMU SAVINGS AND CREDIT SOCIETY

LIMITED ’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 GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED in connection therewith, to any person other than a person employed by the tenderer in the performance of the Contract.

The tenderer shall not, without GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED ’s prior written consent, make use of any document or information enumerated in paragraph 3.5.1 above

Any document, other than the Contract itself, enumerated in paragraph 3.5.1 shall remain the property of GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED and shall be returned (all copies) to GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED on completion of the Tenderer’s performance under the Contract if so required by GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED

Patent Rights The tenderer shall indemnify GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED

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 GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED ’s country

Performance Security Within thirty (30) days of receipt of the notification of Contract award, the successful

tenderer shall furnish to GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED the performance security in the amount specified in Special Conditions of Contract.

The proceeds of the performance security shall be payable to GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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 GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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 GUSII




MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED , in the form provided in the tender documents.

The performance security will be discharged by GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED and returned to the Candidate 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

Inspection and Tests GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED or its representative shall have

the right to inspect and/or to test the goods to confirm their conformity to the Contract specifications. GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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 GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED .

Should any inspected or tested goods fail to conform to the Specifications, GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED may reject the equipment, and the tenderer shall either replace the rejected equipment or make alternations necessary to make specification requirements free of costs to GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED.

GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED ’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 inspected, tested and passed by GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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 goods and Documents Delivery of the Goods shall be made by the tenderer in accordance with the terms

specified by GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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 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 GUSII MWALIMU SAVINGS AND CREDIT SOCIETY

LIMITED 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 price 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)

Where contract price variation is allowed, the variation shall not exceed 10% of the original contract price.

Price variation request shall be processed by GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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 GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED ’s prior written consent

Termination for default GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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

if the tenderer fails to deliver any or all of the goods within the periods) specified in the Contract, or within any extension thereof granted by GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED

if the tenderer fails to perform any other obligation(s) under the Contract




if the tenderer, in the judgment of GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED has engaged in corrupt or fraudulent practices in competing for or in executing the Contract

In the event GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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 GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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, GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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.

Resolution of Disputes GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED 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, and/or international arbitration.

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.




SECTION VIII - STANDARD FORMS Notes on the sample Forms 1. Form of TENDER - The form of the tender must be completed by the tenderer and submitted with the tender documents. It must also be duly signed by duly authorized representatives of the tenderer. 2. Confidential Business Questionnaire Form - This form must be completed by the tenderer and submitted with the tender documents. 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.




8.1 FORM OF TENDER Date….............................……………………….

Tender No. GMS-......................................

To: GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED P.O. BOX 1335-40200

KISII

Gentlemen and/or Ladies: 1. Having examined the tender documents including Addenda Nos. ………………………………. [insert numbers].the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply deliver, install and commission ( …………………………………………… (insert equipment description) in conformity with the said tender documents for the sum of …………………………………………………………. (total tender amount in words and figures) or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Tender. 2. We undertake, if our Tender is accepted, to deliver 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 by ………………. ……………….( GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED ). 4. We agree to abid 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. Subject to signing of the Contract by the parties. 6. We understand that you are not bound to accept the lowest or any tender received. Dated this day of 20 [signature] [in the capacity of] Duly authorized to sign tender for an on behalf of




GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED FULL NAME OF THE FIRM/COMPANY

BOX NUMBER

TELEPHONE NUMBER

ACCOUNT NAME

BANK NAME

BRANCH

BRANCH CODE

ACCOUNT NUMBER

Form filled by: __________________________________________sign………………………..




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

Part 2 (a) – Sole Proprietor Your name in full …………………………………………………….. Age …………… Nationality ………………… Country of origin ……………………………………. Citizenship details …………………………………………………...

Part 2 (b) Partnership Given details of partners as follows: Name Nationality Citizenship Details Shares ………………………………… .............................................……………………………………………………………………. …………………………………………………………………………………………................................................…………… ………………………………………………………………………................................................……………………………..

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. ……………………………………………………………………………………………………………………… _____________

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

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




SUPPLY AND DELIVERY OF GOODS AND SERVICES

INSERT REF NO: GMS-.............................................

Name of firm …………………………………………………………………….………………

Nature of the business…………………………………………………………………………….

Town …………………...........................................………………………………………….……

Address……………………..............…………………………………………………….………

Street…………………………………..…Building……..…………..………….Floor………….

Avenue ………………………………Plot No………………………..RM No…………………

County…………………………………Country……………………………………………

Contact person……………………………………………………………………….

Office telephone ………………………………………………………………

Website……………………………………………………………………………………

Email Address……………………………………………………………………….

Fax No. …………………………………………………………………………………..……

Mobile number to be contacted……………………………………………………….………..

Company registration Number………………………………Tax No.…………….………..

PIN no…………………………….……VAT No………… …………………………….

Bank ………………………… account No………………………………Branch………………

TICK WHER E APPLICABLE:

YOUTH WOMEN. PERSONS WITH DISABILITY NONE.

N/B: Attach a copy of registration certificate from Ministry of Gender, Social Services YAGPO or WAGPO.

Provide certificate of youth from National treasury.




Bank…………………………account No………………………………Branch………………

Company status [Tick appropriately]

Current Supplier Old Supplier New Supplier

The majority of share of the firm is owned by

Youth share % ------------------

Women ----------------------

Persons with disability ------------------------

None

Are you registered with the relevant government body (county treasury or national treasury?) Preference and reservations

Yes No

Does the firm have at least seventy percent membership of youth, women and person with disability?

Tick where applicable

0-29 30-45 46- 69 70-100

Does the firm leadership and management controlled by youth, women and persons with disability

Yes No

Have you heard about public procurement and disposal (preference and reservation) regulation 2013?

YES NO

The 15 % margin of preference for goods manufactured, mined, extracted or grown in Kenya. 0-14% (b) 15-29% (c) 30-44 (d) 45 and above

Is the company is registered with the ministry of finance or SME or disadvantaged group_______

If it is yes provide registration certificate and testimonial documents




SECTION VII - SUMMARY OF EVALUATION PROCESS

Evaluation of duly submitted tenders will be conducted along the following lines and scores given against each criterion: -

No. Item Maximum Score

Score Awarded

Remark

(Official use)

Submission of the following:-

1 Tender Receipt (MR receipt) 5

2 A Copy of Certificate of Registration /incorporation 5

3 ATLEAST Two Letters of recommendation from your current corporate clients /organizations 8

4 Evidence of adequacy of the working capital and access to bank credit line. 5

5 At least two(2) copies of LPOS and or Contracts for the last 2 years 5

7 Valid Tax Compliance Certificate (shall be one issued by the relevant tax authorities and valid for at least up to the tender closing date). 5

8 VAT Certificate 5

120 PIN Certificate 5

10 Declaration Form fully filled and signed 5

11 Local Authority Licenses – Business Permit 5

12 Submission of tender document: 5

13 Confidential Business Questionnaire Fully filled 5

14 Evidence of physical address and premises or ( lease agreement/Title) 5

16 Well bounded document 5




17 Provide brochures, samples and letter authorization 2

18 Audite Audited Financial Statements. The audited financial statements required must be those that are reported within fifteen (15) calendar months of the date of the tender document. (For companies or firms that are registered or incorporated within the last one calendar year of the Date of the Tender Document, they should submit certified copies of bank statements covering a period of at least six months prior to the date of the tender document. The copies should be certified by the Bank issuing the statements. The certification should be original). 5

1120 Confirmation to accept GUSII MWALIMU SAVINGS AND CREDIT SOCIETY LIMITED’s payment terms of credit. 5

50% of quoted prices MUST fall within the prevailing market price + 10% 10

TOTAL 100

NB: Cut mark is 70% *NOTES ON EVALUATION PROCESS:- 1. For Foreign Candidates please give the VAT Registration Certificate or its equivalent in

the country of Candidate or a statement from the tax authorities in the Candidate’s country of origin indicating that such certificate or its equivalent is not issued.

2. The approved Candidates shall be the one with the ones who attain the minimum score which is 70%




VII - SUMMARY OF EVALUATION PROCESS Evaluation of duly submitted tenders will be conducted along the following lines and scores given against each criterion: -

No. Item Maximum Score

Score Awarded

Remark

(Official use)

Submission of the following:-

1 Tender electronic Receipt 5

2 A Copy of Certificate of Registration /incorporation 5

3 Two Letters of recommendation from your current corporate clients /organizations 5

4 Evidence of adequacy of the working capital and access to bank credit line. 2

5 At least two(2) copies of LPOS and or Contracts for the last 2 years 3

6 Evidence of possession electronic tax register 2

7 Valid Tax Compliance Certificate (shall be one issued by the relevant tax authorities and valid for at least up to the tender closing date). 5

8 VAT Certificate 5

9 PIN Certificate 5

10 Declaration Form fully filled and signed 5

11 Local Authority Licenses – Business Permit 5

12

Submission of tender document: 3

13. Wholesaler Dealer License 5




14 Confidential Business Questionnaire Fully filled 5

15 Annual Practicing License For The Company Pharmacist 5

16 One Sample Of Each Product To Be Supplied 5

17 Certificate Of Registration As Pharmacy And Poison Board 5

18 Recommendation Letter From Current Supplier 5

19 Details Of The Registered Business Premises Of Office Must Be Indicated For Verification 5

20 Evidence of physical address and premises or ( lease agreement/Title) 2

21 Well bounded document 2

22 Audite Audited Financial Statements. The audited financial statements required must be those that are reported within fifteen (15) calendar months of the date of the tender document. (For companies or firms that are registered or

incorporated within the last one calendar year of the Date of the Tender

Document, they should submit certified copies of bank statements covering

a period of at least six months prior to the date of the tender document. The

copies should be certified by the Bank issuing the statements. The

certification should be original). 5

23 Confirmation to accept GUSII MWALIMU SACCO LIMITED’S payment terms of credit 6

TOTAL 100

NB: Cut mark is 70% *NOTES ON EVALUATION PROCESS:- 1. For Foreign Candidates please give the VAT Registration Certificate or its equivalent in

the country of Candidate or a statement from the tax authorities in the Candidate’s country of origin indicating that such certificate or its equivalent is not issued.

2. The approved Candidates shall be the one with the ones who attain the minimum score which is 70%




Specification Condition Of The Contract

Samples Of The Offer When Required Will Be Provided Free Of Charge And If Not Destroyed During The Test Will Upon Request Be Returned At The Seller’s Expense.

Tenderers Or Bidders Must Agree To Deliver All Items Within 5 Days (Lead Time) Of Receipt Of Valid Approved L P O, L S O Or Approved CHIEF EXECUTIVE OFFICER GUSII MWALIMU SACCO LTD.

All Supplies Of Good Will Be Received By The Store Man During The Normal Working Hours (8:00 To5:00) Note, No Supplies Will Be Received During Weekend Or Public Holidays And Odd Hours Unless Exceptional Cases Only Authorized By CHIEF EXECUTIVE OFFICER

Payment Period Shall Be Within 120 Days From Date Of Delivery . No Payment Shall Be Made Before Completion Of Full Delivery.

Prices Quoted Must Be Inclusive Of All The Government Taxes And Delivery Cost Where Applicable Within The Region And Will Be Valid For 120 Days From The Close Of Quotation.

Orders Must Be Executed Within The Period Tendered Unless Instructions Are Given To The Contrary .If Is Not Effected As Agreed .This Order Is Liable For Cancellation Or Payment Of Penalty

All The Deliveries Will Be Done Within The Stipulated Time Period .Orders Which Will Not Have Been Executed By Expiry Of Lead Time Will Automatically Cancelled And The Order Will Be Given To The Next Supplier

The Suppliers Are Reminded To Have A Printed Invoice, Delivery Note Or Receipt Or Receipt Books. Rubber Stamped Invoices And Delivery Notes Will Not Be Recognized Or Accepted By The Procuring Entity.

Brand Name, Type, Origin Or Manufacturer Must Be Stated For All Items Quoted For Them To Be Considered.

Inspection And Acceptance Committee Will:-

Inspect And Where Necessary Test Goods Received.




Inspect And Review Goods, Works Or Services In Order To Ensure Compliance With The Terms And Specification Of The Contract.

Accept Or Reject On Behalf Of The Procuring Entity The Delivered Goods, Works Or Services.

Ensure That The Correct, Quantity And Quality Have Been Received.

The Procuring Entity Reserves The Right To Accept Or Reject Any Tender And To Annul The Tendering Process And Reject All Tenders At Any Time Prior To Contract Award, Without. Thereby Incurring Any Liability To The Affected Tenderer Or Tenderers Or Any Obligation To Inform The Affected Tenderer Of The Ground For The Procuring Entity’s Action.

The Tenderer Shall Provide Such Packing Of The Goods As Is Required To Prevent Their Damages Or Deterioration.

Prices Charged By The Tenderer For Goods Delivered And Services Performed Under The Contract Shall Not, With The Exception Of Any Price Adjustment Authorized In Special Condition Of The Contract.

Contract Price Variation Shall Not Be Allowed For Contracts Not Exceeding One Year.

Where Contract Price Variation Is Allowed. The Variation Shall Not Exceed 10% Of The Original Price.

Price Variation Request Shall Be Processed By The Procuring Entity Within 30 Days Of The Receiving The Request.




I Certify That The Document Has Been Filled Correctly, Witnessed, And Signed As Required.

And All Required Copies Of The Relevant Documents Attached. We/I Also Undertake To Abide By All Government Procurement Procedures Applicable To The Contract.

Tenderer’s Sign………………………………………………………………………………………………………

Witness Name………………………………………………………………………………………………………..

Designation……………………………………………………………………………………………………

Signature………………………………………………………………………………………………………

Tenderer’s Stamp……………………………………………………………………………………………………

Date…………………………………………………………………………………………………………

For Official Use Only

Binding Signature of the Bidder or Supplier

Name …………………………………………………………………..

Firm .......................................................................................................

Address ………………………………………………………………..

Signature ………………………………………………………………

In the Presence of the Head of Procurement Unit

Name ……………………………………………………………………

Signature ………………………………………………………………

Date ……………………………………………………………………

Binding Signature of (Head of Procuring Entity)

Name …………………………………………………………………………………………………

Designation ……………………………………………………………….

Date ……………………………………………………………………….

Sign ……………………………………………………………………..

Technology

GUSII MWALIMU SACCO TENDER DOCUMENTS 2015_2016