Tender Document - Kenya Sugar Board

KENYA SUGAR BOARDTENDER NOTICEFORSUPPLY, INSTALLATION AND CONFIGURING OF ADOCUMENT MANAGEMENT SYSTEM TENDER NO.KSB/T/54/2012/13Kenya Sugar BoardSukari Plaza, off Waiyaki Way,P.O. Box 51500, 00100 Nairobi.Tel: (+254 2) 8018750-3, 2023316-8Cell :( +254) 733 - 333378/9(+254) 722 - 203127/8Fax: (+254 2) 2021266, 2021277EMAIL info@kenyasugar.co.ke19 TH NOVEMBER, 2012KENYA SUGAR BOARD

TABLE OF CONTENTSPAGETABLE OF CONTENTS………………………… 2SECTION I INVITATION TO TENDER……………………… 3SECTION II INSTRUCTIONS TO TENDERERS…………… 5Appendix to Instructions to Tenderers ………… 23SECTION III GENERAL CONDITIONS OF CONTRACT……. 25SECTION IV SPECIAL CONDITIONS OF CONTRACT…….. 33SECTION VTECHNICAL SPECIFICATIONS……………… ………35SECTION VI SCHEDULE OF REQUIREMENTS……………. 45SECTION VII PRICE SCHEDULE FOR GOODS…………….. 46SECTION VIII STANDARD FORMS……………………………. 478.1 FORM OF TENDER…………………………….. 498.2 CONFIDENTIAL BUSINESSQUESTIONNAIRES FORMS………………….. 508.3 TENDER SECURITY FORM……………………. 528.4 CONTRACT FORM……………………………… 548.5 PERFORMANCE SECURITY FORM…………… 568.6 BANK GUARANTTE FOR ADVANCEPAYMENT FORM………………………………… 588.7 MANUFACTURER’S AUTHORIZATIONFORM……………………………………………… 60KENYA SUGAR BOARD2

SECTION IINVITATION TO TENDERKENYA SUGAR BOARDTENDER NOTICESUPPLY, INSTALLATION AND COMMISSIONING OFBROADBAND INTERNET, WIDE AREA NETWORK,INTERNET AND EMAIL SERVICES, AND WIFI NETWORK.TENDER NO. KSB/T/53/2012/13SUPPLY, INSTALLATION AND CONFIGURING OF ADOCUMENT MANAGEMENT SYSTEM. TENDER NO.KSB/T/54/2012/13Kenya Sugar Board invites sealed bids for supply, Installation andcommissioning of broadband internet, wide area network, internet andemail services and WIFI networkInterested bidders may obtain Tender documents from the office of theSenior Procurement Officer, Kenya Sugar Board, P. O. Box 51500, Nairobi.Tel: 020-8018750/3 or 020-2023316/9, Email: info@kenyasugar.co.ke duringnormal office working hours upon payment of Kshs. 2,000 in cash orbanker’s cheque.Completed Tender Documents should be deposited in the Tender boxsituated at the reception of Kenya Sugar Board Headquarters so as toreach on or before Tuesday, 11 th December 2012 at 11.00 am local time.Bulky Tender Documents, which cannot go through the slot of the tenderbox, may be delivered to the office of the Senior Procurement Officer,situated at the Ground Floor on or before the above stipulated time.Tenders will be opened at 11:30 a.m. the same day in the KSB Boardroom.Tenderers or their representatives may attend the opening.Late Tenders shall be rejected.CHIEF EXECUTIVE OFFICERKENYA SUGAR BOARD3

SECTION II - INSTRUCTIONS TO TENDERERSTable of ClausesPage2.1 Eligible tenderers……………………….. 52.2 Eligible goods……………………………. 52.3 Cost of tendering………………………… 62.4 Contents of Tender document……………… 62.5 Clarification of documents……………… 72.6 Amendment of documents…………….. 72.7 Language of tender…………………….. 82.8 Documents comprising the tender………. 82.9 Tender forms…………………………….. 82.10 Tender prices……………………………... 92.11 Tender currencies…………………………. 92.12 Tenderers eligibility and qualifications 92.13 Goods’ eligibility and conformity totender documents………………………….. 102.14 Tender security……………………………. 112.15 Validity of tenders………………………… 132.16 Format and signing of tenders……………. 132.17 Sealing and marking of tenders…………… 142.18 Deadline for submission of tender ……… 142.19 Modification and withdrawal of tenders…. 152.20 Opening of tenders………………………… 162.21 Clarification of tenders…………………….. 162.22 Preminary examination…………………….. 162.23 Conversion to single currency…………… 172.24 Evaluation and comparison of tenders… 182.25 Contacting the procuring entity…………… 182.26 Award of contract………………………….. 18(a) Post qualification………………………….. 18(b) Award criteria…………………………….. 19(c) Procuring entity’s right to vary quantities 19(d) Procuring entity’s right to accept orreject any or all tenders …………………… 192.27 Notification of award…………………….. 202.28 Signing of contract………………………. 202.29 Performance security………………………. 202.30 Corrupt or fraudulent practices………… 21KENYA SUGAR BOARD4

SECTION II - INSTRUCTIONS TO TENDERERS2.1 Eligible Tenderers2.1.1 This Invitation for Tenders is open to all tenderers eligibleas described in the Invitation to Tender. Successfultenderers shall complete the supply of goods by theintended completion date specified in the Schedule ofRequirements Section VI.2.1.2 The procuring entity’s employees, committee members,board members and their relative (spouse and children)are not eligible to participate in the tender.2.1.3 Tenderers shall provide the qualification informationstatement that the tenderer (including all members of ajoint venture and subcontractors) is not associated, orhave been associated in the past, directly or indirectly,with a firm or any of its affiliates which have beenengaged by the Procuring entity to provide consultingservices for the preparation of the design, specifications,and other documents to be used for the procurement ofthe goods under this Invitation for tenders.2.1.4 Tenderers shall not be under a declaration of ineligibilityfor corrupt and fraudulent practices.2.2 Eligible Goods2.2.1 All goods to be supplied under the contract shall havetheir origin in eligible source countries.2.2.2 For purposes of this clause, “origin” means the placewhere the goods are mined, grown, or produced. Goodsare produced when, through manufacturing, processing,or substantial and major assembly of components, acommercially-recognized product results that issubstantially different in basic characteristics or inpurpose or utility from its componentsKENYA SUGAR BOARD5

2.2.3 The origin of goods is distinct from the nationality of thetenderer.2.3 Cost of Tendering2.3.1 The Tenderer shall bear all costs associated with thepreparation and submission of its tender, and theprocuring entity, will in no case be responsible or liablefor those costs, regardless of the conduct or outcome ofthe tendering process.2.3.2 The price to be charged for the tender document shall notexceed Kshs.5,000/=2.3.3 All firms found capable of performing the contractsatisfactorily in accordance with the set prequalificationcriteria shall be prequalified.2.4. The Tender Document2.4.1 The tender document comprises the documents listedbelow and addenda issued in accordance with clause 2.6of these instructions to Tenderers(i) Invitation to Tender(ii) Instructions to tenderers(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(xii) Manufacturer’s Authorization Form(xiii) Confidential Business Questionnaire2.4.2 The Tenderer is expected to examine all instructions,forms, terms, and specifications in the tenderdocuments. Failure to furnish all information requiredby the tender documents or to submit a tender notKENYA SUGAR BOARD6

substantially responsive to the tender documents inevery respect will be at the tenderers risk and may resultin the rejection of its tender.2.5 Clarification of Documents2.5.1 A prospective tenderer requiring any clarification of thetender Document may notify the Procuring entity in writing orby post at the Entity’s address indicated in the Invitation toTender. The Procuring entity will respond in writing to anyrequest for clarification of the tender documents, which itreceives not later than seven (7) days prior to the deadline forthe submission of tenders, prescribed by the procuring entity.Written copies of the Procuring entities response (including anexplanation of the query but without identifying the source ofinquiry) will be sent to all prospective tenderers that havereceived the tender document.2.5.2 The procuring entity shall reply to any clarificationssought by the tenderer within 3 days of receiving therequest to enable the tenderer to make timely submissionof its tender.2.6 Amendment of Documents2.6.1 At any time prior to the deadline for submission oftenders, the Procuring entity, for any reason, whether atits own initiative or in response to a clarificationrequested by a prospective tenderer, may modify thetender documents by amendment.2.6.2 All prospective candidates that have received the tenderdocuments will be notified of the amendment in writingor by post and will be binding on them.2.6.3 In order to allow prospective tenderers reasonable time inwhich to take the amendment into account in preparingtheir tenders, the Procuring entity, at its discretion, mayextend the deadline for the submission of tenders.2.7 Language of TenderKENYA SUGAR BOARD7

2.7.1 The tender prepared by the tenderer, as well as allcorrespondence and documents relating to the tenderexchange by the tenderer and the Procuring entity, shallbe written in English language, provided that any printedliterature furnished by the tenderer may be written inanother language provided they are accompanied by anaccurate English translation of the relevant passages inwhich case, for purposes of interpretation of the tender,the English translation shall govern.2.8 Documents Comprising of Tender2.8.1 The tender prepared by the tenderers shall comprise thefollowing components(a) a Tender Form and a Price Schedule completedin accordance with paragraph 2.9, 2.10 and2.11 below(b) documentary evidence established inaccordance with paragraph 2.1 that thetenderer is eligible to tender and is qualified toperform the contract if its tender is accepted;(c) documentary evidence established inaccordance with paragraph 2.2 that the goodsand ancillary services to be supplied by thetenderer are eligible goods and services andconform to the tender documents; and(d) tender security furnished in accordance withparagraph 2.142.9 Tender Forms2.9.1 The tenderer shall complete the Tender Form and theappropriate Price Schedule furnished in the tenderdocuments, indicating the goods to be supplied, a briefdescription of the goods, their country of origin, quantity,and prices.KENYA SUGAR BOARD8

2.10 Tender Prices2.10.1 The tenderer shall indicate on the appropriate PriceSchedule the unit prices and total tender price of thegoods it proposes to supply under the contract2.10.2 Prices indicated on the Price Schedule shall includeall costs including taxes, insurances and delivery to thepremises of the entity.2.10.3 Prices quoted by the tenderer shall be fixed duringthe Tender’s performance of the contract and not subjectto variation on any account. A tender submitted with anadjustable price quotation will be treated as nonresponsiveand will be rejected, pursuant to paragraph2.222.10.4 The validity period of the tender shall be 60 daysfrom the date of opening of the tender.2.11 Tender Currencies2.11.1 Prices shall be quoted in Kenya Shillings unlessotherwise specified in the Appendix to Instructions toTenderers.2.12 Tenderers Eligibility and Qualifications2.12.1Pursuant to paragraph 2.1. the tenderer shall furnish, as part of its tender, documentsestablishing the tenderers eligibility to tender and itsqualifications to perform the contract if its tender is accepted.2.12.2The documentary evidence of the tenderers eligibility totender shall establish to the Procuring entity’ssatisfaction that the tenderer, at the time of submissionof its tender, is from an eligible source country as definedunder paragraph 2.12.12.3The documentary evidence of the tenderersqualifications to perform the contract if its tender isKENYA SUGAR BOARD9

accepted shall be established to the Procuring entity’ssatisfaction;(a)(b)(c)that, in the case of a tenderer offering to supplygoods under the contract which the tenderer did notmanufacture or otherwise produce, the tenderer hasbeen duly authorized by the goods’ Manufacturer orproducer to supply the goods.that the tenderer has the financial, technical, andproduction capability necessary to perform thecontract;that, in the case of a tenderer not doing businesswithin Kenya, the tenderer is or will be (if awardedthe contract) represented by an Agent in Kenyaequipped, and able to carry out the Tenderer’smaintenance, repair, and spare parts-stockingobligations prescribed in the Conditions of Contractand/or Technical Specifications.2.13 Goods Eligibility and Conformity to TenderDocuments2.13.1 Pursuant to paragraph 2.2 of this section, thetenderer shall furnish, as part of its tender documentsestablishing the eligibility and conformity to the tenderdocuments of all goods which the tenderer proposes tosupply under the contract2.13.2 The documentary evidence of the eligibility of thegoods shall consist of a statement in the Price Scheduleof the country of origin of the goods and services offeredwhich shall be confirmed by a certificate of origin issuedat the time of shipment.2.13.3 The documentary evidence of conformity of thegoods to the tender documents may be in the form ofliterature, drawings, and data, and shall consist of:(a)a detailed description of the essential technical andperformance characteristic of the goods;KENYA SUGAR BOARD10

(b)(c)a list giving full particulars, including availablesource and current prices of spare parts, specialtools, etc., necessary for the proper and continuingfunctioning of the goods for a period of two (2)years, following commencement of the use of thegoods by the Procuring entity; anda clause-by-clause commentary on the Procuringentity’s Technical Specifications demonstratingsubstantial responsiveness of the goods and serviceto those specifications, or a statement of deviationsand exceptions to the provisions of the TechnicalSpecifications.2.13.4 For purposes of the documentary evidence to befurnished pursuant to paragraph 2.13.3(c) above, thetenderer shall note that standards for workmanship,material, and equipment, as well as references to brandnames or catalogue numbers designated by theProcurement entity in its Technical Specifications, areintended to be descriptive only and not restrictive. Thetenderer may substitute alternative standards, brandnames, and/or catalogue numbers in its tender, providedthat it demonstrates to the Procurement entity’ssatisfaction that the substitutions ensure substantialequivalence to those designated in the TechnicalSpecifications.2.14 Tender Security2.14.1 The tenderer shall furnish, as part of its tender, atender security for the amount specified in the Appendixto Invitation to Tenderers.2.14.2 The tender security shall be in the amount of 0.5 –2 per cent of the tender price.2.14.3 The tender security is required to protect theProcuring entity against the risk of Tenderer’s conductwhich would warrant the security’s forfeiture, pursuantto paragraph 2.14.7KENYA SUGAR BOARD11

2.14.4 The tender security shall be denominated in KenyaShillings or in another freely convertible currency, andshall be in the form of a bank guarantee or a bank draftissued by a reputable bank located in Kenya or abroad,or a guarantee issued by a reputable insurance companyin the form provided in the tender documents or anotherform acceptable to the Procuring entity and valid forthirty (30) days beyond the validity of the tender.2.14.5 Any tender not secured in accordance withparagraph 2.14.1 and 2.14.3 will be rejected by theProcuring entity as non responsive, pursuant toparagraph 2.222.14.6 Unsuccessful Tenderer’s tender security will bedischarged or returned as promptly as possible as butnot later than thirty (30) days after the expiration of theperiod of tender validity prescribed by the Procuringentity.2.14.7 The successful Tenderer’s tender security will bedischarged upon the tenderer signing the contract,pursuant to paragraph 2.27 and furnishing theperformance security, pursuant to paragraph 2.282.14.8 The tender security may be forfeited:(a)(b)if a tenderer withdraws its tender during the periodof tender validity specified by the procuring entityon the Tender Form; orin the case of a successful tenderer, if the tendererfails:(i)or(ii)to sign the contract in accordance withparagraph 2.27to furnish performance security in accordancewith paragraph 2.282.15 Validity of Tenders2.15.1 Tenders shall remain valid for 90 days or asspecified in the Invitation to tender after the date ofKENYA SUGAR BOARD12

tender opening prescribed by the Procuring entity,pursuant to paragraph 2.18. A tender valid for a shorterperiod shall be rejected by the Procuring entity as nonresponsive.2.15.2 In exceptional circumstances, the Procuring entitymay solicit the Tenderer’s consent to an extension of theperiod of validity. The request and the responses theretoshall be made in writing. The tender security providedunder paragraph 2.14 shall also be suitably extended. Atenderer may refuse the request without forfeiting itstender security. A tenderer granting the request will notbe required nor permitted to modify its tender.2.16 Format and Signing of Tender2.16.1 The Procuring entity shall prepare two copies of thetender, clearly marking each “ORIGINAL TENDER” and“COPY OF TENDER,” as appropriate. In the event of anydiscrepancy between them, the original shall govern.2.16.2 The original and all copies of the tender shall betyped or written in indelible ink and shall be signed bythe tenderer or a person or persons duly authorized tobind the tenderer to the contract. The latterauthorization shall be indicated by written power-ofattorneyaccompanying the tender. All pages of thetender, except for unamended printed literature, shall beinitialed by the person or persons signing the tender.2.16.3 The tender shall have no interlineations, erasures,or overwriting except as necessary to correct errors madeby the tenderer, in which case such corrections shall beinitialed by the person or persons signing the tender.2.17 Sealing and Marking of Tenders2.17.1 The Tenderer shall seal the original and each copyof the tender in separate envelopes, duly marking theenvelopes as “ORIGINAL” and “COPY.” The envelopesshall then be sealed in an outer envelope.KENYA SUGAR BOARD13

2.17.2 The inner and outer envelopes shall:(a) be addressed to the Procuring entity at the addressgiven in the Invitation to Tender:(b) bear, tender number and name in the Invitation forTenders and the words, “DO NOT OPEN BEFORE,” (day,date and time of closing)2.17.3 The inner envelopes shall also indicate the nameand address of the tenderer to enable the tender to bereturned unopened in case it is declared “late”.2.17.4 If the outer envelope is not sealed and marked asrequired by paragraph 2.17.2, the Procuring entity willassume no responsibility for the tender’s misplacementor premature opening.2.18 Deadline for Submission of Tenders2.18.1 Tenders must be received by the Procuring entity atthe address specified under paragraph 2.17.2 no laterthan (day, date and time of closing).2.18.2 The Procuring entity may, at its discretion, extendthis deadline for the submission of tenders by amendingthe tender documents in accordance with paragraph 2.6,in which case all rights and obligations of the Procuringentity and candidates previously subject to the deadlinewill therefore be subject to the deadline as extended2.19 Modification and Withdrawal of Tenders2.19.1 The tenderer may modify or withdraw its tenderafter the tender’s submission, provided that writtennotice of the modification, including substitution orwithdrawal of the tenders, is received by the ProcuringEntity prior to the deadline prescribed for submission oftenders.KENYA SUGAR BOARD14

2.19.2 The Tenderer’s modification or withdrawal noticeshall be prepared, sealed, marked, and dispatched inaccordance with the provisions of paragraph 2.17. Awithdrawal notice may also be sent by cable, telex butfollowed by a signed confirmation copy, postmarked notlater than the deadline for submission of tenders.2.19.3 No tender may be modified after the deadline forsubmission of tenders.2.19.4 No tender may be withdrawn in the interval betweenthe deadline for submission of tenders and the expirationof the period of tender validity specified by the tendereron the Tender Form. Withdrawal of a tender during thisinterval may result in the Tenderer’s forfeiture of itstender security, pursuant to paragraph 2.14.72.19.5 The procuring entity may at any time terminateprocurement proceedings before contract award and shallnot be liable to any person for the termination.2.19.6 The procuring entity shall give prompt notice of thetermination to the tenderers and on request give itsreasons for termination within 14 days of receiving therequest from any tenderer.2.20 Opening of Tenders2.20.1 The Procuring entity will open all tenders in thepresence of tenderers’ representatives who choose toattend, at ( time, day and date of closing) and in thelocation specified in the Invitation to Tender.The tenderers’ representatives who are present shall signa register evidencing their attendance.2.20.2 The tenderers’ names, tender modifications orwithdrawals, tender prices, discounts and the presenceor absence of requisite tender security and such otherdetails as the Procuring entity, at its discretion, mayconsider appropriate, will be announced at the opening.KENYA SUGAR BOARD15

2.20.3 The Procuring entity will prepare minutes of thetender opening.2.21 Clarification of Tenders2.21.1 To assist in the examination, evaluation andcomparison of tenders the Procuring entity may, at itsdiscretion, ask the tenderer for a clarification of itstender. The request for clarification and the responseshall be in writing, and no change in the prices orsubstance of the tender shall be sought, offered, orpermitted.2.21.2 Any effort by the tenderer to influence the Procuringentity in the Procuring entity’s tender evaluation, tendercomparison or contract award decisions may result in therejection of the tenderers’ tender.2.22 Preliminary Examination2.22.1 The Procuring entity will examine the tenders todetermine whether they are complete, whether anycomputational errors have been made, whether requiredsureties have been furnished, whether the documentshave been properly signed, and whether the tenders aregenerally in order.2.22.2 Arithmetical errors will be rectified on the followingbasis. If there is a discrepancy between the unit priceand the total price that is obtained by multiplying theunit price and quantify, the unit price shall prevail, andthe total price shall be corrected. If the candidate doesnot accept the correction of the errors, its tender will berejected, and its tender security forfeited. If there is adiscrepancy between words and figures the amount inwords will prevail2.22.3 The Procuring entity may waive any minorinformality or non-conformity or irregularity in a tenderwhich does not constitute a material deviation, providedKENYA SUGAR BOARD16

such waiver does not prejudice or effect the relativeranking of any tenderer.2.22.4 Prior to the detailed evaluation, pursuant toparagraph 2.23 the Procuring entity will determine thesubstantial responsiveness of each tender to the tenderdocuments. For purposes of these paragraphs, asubstantially responsive tender is one, which conforms toall the terms and conditions of the tender documentswithout material deviations. The Procuring entity’sdetermination of a tender’s responsiveness is to be basedon the contents of the tender itself without recourse toextrinsic evidence.2.22.5 If a tender is not substantially responsive, it will berejected by the Procuring entity and may notsubsequently be made responsive by the tenderer bycorrection of the non conformity.2.23 Conversion to Single Currency2.23.1 Where other currencies are used, the procuringentity will convert these currencies to Kenya Shillingsusing the selling exchange rate on the Date of tenderclosing provided by the Central Bank of Kenya.2.24 Evaluation and Comparison of Tenders2.24.1 The Procuring entity will evaluate and compare thetenders which have been determined to be substantiallyresponsive, pursuant to paragraph 2.222.24.2 The tender evaluation committee shall evaluate thetender within 30 days of the validity period from the dateof opening the tender.2.24.3 A tenderer who gives false information in the tenderdocument about its qualification or who refuses to enterinto a contract after notification of contract award shallbe considered for debarment from participating in futurepublic procurement.KENYA SUGAR BOARD17

2.25 Preference2.25.1 Preference where allowed in the evaluation oftenders shall not exceed 15%2.26 Contacting the Procuring entity2.26.1 Subject to paragraph 2.21 no tenderer shall contactthe Procuring entity on any matter related to its tender,from the time of the tender opening to the time thecontract is awarded.2.26.2 Any effort by a tenderer to influence the Procuringentity in its decisions on tender, evaluation, tendercomparison, or contract award may result in the rejectionof the Tenderer’s tender.2.27 Award of Contract(a)Post-qualification2.27.1 In the absence of pre-qualification, the Procuringentity will determine to its satisfaction whether thetenderer that is selected as having submitted the lowestevaluated responsive tender is qualified to perform thecontract satisfactorily.2.27.2 The determination will take into account thetenderer financial, technical, and production capabilities.It will be based upon an examination of the documentaryevidence of the tenderers qualifications submitted by thetenderer, pursuant to paragraph 2.12.3 as well as suchother information as the Procuring entity deemsnecessary and appropriate.2.27.3 An affirmative determination will be a prerequisitefor award of the contract to the tenderer. A negativedetermination will result in rejection of the Tenderer’stender, in which event the Procuring entity will proceedKENYA SUGAR BOARD18

to the next lowest evaluated tender to make a similardetermination of that Tenderer’s capabilities to performsatisfactorily.(b)Award Criteria2.27.4 The Procuring entity will award the contract to thesuccessful tenderer(s) whose tender has been determinedto be substantially responsive and has been determinedto be the lowest evaluated tender, provided further thatthe tenderer is determined to be qualified to perform thecontract satisfactorily.(c)Procuring entity’s Right to Vary quantities2.27.5 The Procuring entity reserves the right at the timeof contract award to increase or decrease the quantity ofgoods originally specified in the Schedule of requirementswithout any change in unit price or other terms andconditions(d) Procuring entity’s Right to accept or Reject any or AllTenders2.27.6 The Procuring entity reserves the right to accept orreject any tender, and to annul the tendering process andreject all tenders at any time prior to contract award,without thereby incurring any liability to the affectedtenderer or tenderers or any obligation to inform theaffected tenderer or tenderers of the grounds for theProcuring entity’s action2.28 Notification of Award2.28.1 Prior to the expiration of the period of tendervalidity, the Procuring entity will notify the successfultenderer in writing that its tender has been accepted.2.28.2 The notification of award will constitute theformation of the Contract but will have to wait until thecontract is finally signed by both partiesKENYA SUGAR BOARD19

2.28.3 Upon the successful Tenderer’s furnishing of theperformance security pursuant to paragraph 2.28, theProcuring entity will promptly notify each unsuccessfulTenderer and will discharge its tender security, pursuantto paragraph 2.142.29 Signing of Contract2.29.1 At the same time as the Procuring entity notifies thesuccessful tenderer that its tender has been accepted,the Procuring entity will send the tenderer the ContractForm provided in the tender documents, incorporating allagreements between the parties.2.29.2 The parties to the contract shall have it signedwithin 30 days from the date of notification of contractaward unless there is an administrative review request.2.29.3 Within thirty (30) days of receipt of the ContractForm, the successful tenderer shall sign and date thecontract and return it to the Procuring entity.2.30 Performance Security2.30.1 Within Thirty (30) days of the receipt of notificationof award from the Procuring entity, the successfultenderer shall furnish the performance security inaccordance with the Conditions of Contract, in thePerformance Security Form provided in the tenderdocuments, or in another form acceptable to theProcuring entity.2.30.2 Failure of the successful tenderer to comply withthe requirements of paragraph 2.27 or paragraph 2.28shall constitute sufficient grounds for the annulment ofthe award and forfeiture of the tender security, in whichevent the Procuring entity may make the award to thenext lowest evaluated Candidate or call for new tenders.2.31 Corrupt or Fraudulent PracticesKENYA SUGAR BOARD20

2.31.1 The Procuring entity requires that tenderers observethe highest standard of ethics during the procurementprocess and execution of contracts when used in thepresent regulations, the following terms are defined asfollows;(i) “corrupt practice” means the offering, giving,receiving, or soliciting of anything of value toinfluence the action of a public official in theprocurement process or in contract execution; and(ii)“fraudulent practice” means a misrepresentation offacts in order to influence a procurement process orthe execution of a contract to the detriment of theProcuring entity, and includes collusive practiceamong tenderer (prior to or after tender submission)designed to establish tender prices at artificial noncompetitivelevels and to deprive the Procuringentity of the benefits of free and open competition;2.31.2 The procuring entity will reject a proposal for awardif it determines that the tenderer recommended for awardhas engaged in corrupt or fraudulent practices incompeting for the contract in question.2.31.3 Further a tenderer who is found to have indulged incorrupt or fraudulent practices risks being debarred fromparticipating in public procurement in Kenya.KENYA SUGAR BOARD21

Appendix to Instructions to TenderersNotes on the Appendix to the Instruction to Tenderers1. The Appendix to instructions to tenderers is intended toassist the procuring entity in providing specific information inrelation to the corresponding clause in the instructions toTenderers included in Section II and has to be prepared foreach specific procurement.2. The procuring entity should specify in the appendixinformation and requirements specific to thecircumstances of the procuring entity, the goods to beprocured and the tender evaluation criteria that will applyto the tenders.3. In preparing the Appendix the following aspects shouldbe taken into consideration;(a) The information that specifies and complementsprovisions of Section II to be incorporated(b) Amendments and/or supplements if any, to provisions ofSection II as necessitated by the circumstances of the goods tobe procured to be also incorporated4. Section II should remain unchanged and can only beamended through the Appendix.5. Clauses to be included in this part must be consistentwith the public procurement law and the regulations.KENYA SUGAR BOARD22

Appendix to Instructions to TenderersThe following information regarding the particulars of thetender shall complement supplement or amend the provisionsof the instructions to tenderers. Wherever there is a conflictbetween the provision of the instructions to tenderers and theprovisions of the appendix, the provisions of the appendixherein shall prevail over those of the instructions to tenderersINSTRUCTIONS TOTENDERERS REFERENCEPARTICULARS OFAPPENDIX TOINSTRUCTIONS TOTENDERS2.1.1 Open to National tenderers2.12.1-2.12.3 (a-c) Comply fully2.13 Comply fully with therequirements2.14.1 2% in form of bankers chequeor from an insurance companyapproved by PPOA2:15 90 days2.18.1 Tuesday 11 th December,2012at 11:00 A.M.KENYA SUGAR BOARD23

SECTION III: GENERAL CONDITIONS OF CONTRACTTable of ClausesPage3.1 Definitions…………………………………………… 263.2 Application………………………………………….. 263.3 Country of Origin……………………………………. 263.4 Standards……………………………………………. 273.5 Use of Contract documents and information….273.6 Patent Rights………………………………………… 273.7 Performance security……………………………… 273.8 Inspection and Tests………………………………… 283.9 Packing………………………………………………… 293.10 Delivery and documents…………………………… 293.11 Insurance …………………………………………… 293.12 Payment…………………………………………… 303.13 Price……………………………………………………. 303.14 Assignments………………………………………… 303.15 Sub contracts………………………………………… 303.16 Termination for default…………………………… 313.17 Liquidated damages………………………………… 313.18 Resolution of Disputes……………………………… 323.19 Language and law…………………………………… 323.20 Force Majeure………………………………………… 32KENYA SUGAR BOARD24

SECTION III - GENERAL CONDITIONS OF CONTRACT3.1 Definitions3.1.1 In this Contract, the following terms shall be interpretedas indicated:-(a) “The Contract” means the agreement entered intobetween the Procuring entity and the tenderer, asrecorded in the Contract Form signed by theparties, including all attachments and appendicesthereto and all documents incorporated by referencetherein.(b)“The Contract Price” means the price payable to thetenderer under the Contract for the full and properperformance of its contractual obligations(c) “The Goods” means all of the equipment,machinery, and/or other materials, which thetenderer is required to supply to the Procuringentity under the Contract.(d)(e)“The Procuring entity” means the organizationpurchasing the Goods under this Contract.“The Tenderer’ means the individual or firmsupplying the Goods under this Contract.3.2 Application3.2.1 These General Conditions shall apply in all Contractsmade by the Procuring entity for the procurementinstallation and commissioning of equipment3.3 Country of Origin3.3.1 For purposes of this clause, “Origin” means the placewhere the Goods were mined, grown or produced.3.3.2 The origin of Goods and Services is distinct from thenationality of the tenderer.KENYA SUGAR BOARD25

3.4 Standards3.4.1 The Goods supplied under this Contract shall conform tothe standards mentioned in the Technical Specifications.3.5 Use of Contract Documents and Information3.5.1 The tenderer shall not, without the Procuring entity’sprior written consent, disclose the Contract, or anyprovision therefore, or any specification, plan, drawing,pattern, sample, or information furnished by or on behalfof the Procuring entity in connection therewith, to anyperson other than a person employed by the tenderer inthe performance of the Contract.3.5.2 The tenderer shall not, without the Procuring entity’sprior written consent, make use of any document orinformation enumerated in paragraph 3.5.1 above3.5.3 Any document, other than the Contract itself,enumerated in paragraph 3.5.1 shall remain the propertyof the Procuring entity and shall be returned (all copies)to the Procuring entity on completion of the Tenderer’sperformance under the Contract if so required by theProcuring entity3.6 Patent Rights3.6.1 The tenderer shall indemnify the Procuring entity againstall third-party claims of infringement of patent,trademark, or industrial design rights arising from use ofthe Goods or any part thereof in the Procuring entity’scountry3.7 Performance Security3.7.1 Within thirty (30) days of receipt of the notification ofContract award, the successful tenderer shall furnish tothe Procuring entity the performance security in theamount specified in Special Conditions of Contract.KENYA SUGAR BOARD26

3.7.2 The proceeds of the performance security shall bepayable to the Procuring entity as compensation for anyloss resulting from the Tenderer’s failure to complete itsobligations under the Contract.3.7.3 The performance security shall be denominated in thecurrency of the Contract, or in a freely convertiblecurrency acceptable to the Procuring entity and shall bein the form of a bank guarantee or an irrevocable letter ofcredit issued by a reputable bank located in Kenya orabroad, acceptable to the Procuring entity, in the formprovided in the tender documents.3.7.4 The performance security will be discharged by theProcuring entity and returned to the Candidate not laterthan thirty (30) days following the date of completion ofthe Tenderer’s performance obligations under theContract, including any warranty obligations, under theContract3.8 Inspection and Tests3.8.1 The Procuring entity or its representative shall have theright to inspect and/or to test the goods to confirm theirconformity to the Contract specifications. The Procuringentity shall notify the tenderer in writing in a timelymanner, of the identity of any representatives retained forthese purposes.3.8.2 The inspections and tests may be conducted in thepremises of the tenderer or its subcontractor(s), at pointof delivery, and/or at the Goods’ final destination Ifconducted on the premises of the tenderer or itssubcontractor(s), all reasonable facilities and assistance,including access to drawings and production data, shallbe furnished to the inspectors at no charge to theProcuring entity.3.8.3 Should any inspected or tested goods fail to conform tothe Specifications, the Procuring entity may reject theequipment, and the tenderer shall either replace theKENYA SUGAR BOARD27

ejected equipment or make alterations necessary tomake specification requirements free of costs to theProcuring entity.3.8.4 The Procuring entity’s right to inspect, test and wherenecessary, reject the goods after the Goods’ arrival shallin no way be limited or waived by reason of theequipment having previously been inspected, tested andpassed by the Procuring entity or its representative priorto the equipment delivery.3.8.5 Nothing in paragraph 3.8 shall in any way release thetenderer from any warranty or other obligations underthis Contract.3.9 Packing3.9.1 The tenderer shall provide such packing of the Goods asis required to prevent their damage or deteriorationduring transit to their final destination, as indicated inthe Contract.3.9.2 The packing, marking, and documentation within andoutside the packages shall comply strictly with suchspecial requirements as shall be expressly provided for inthe Contract3.10 Delivery and Documents3.10.1 Delivery of the Goods shall be made by the tendererin accordance with the terms specified by Procuringentity in its Schedule of Requirements and the SpecialConditions of Contract3.11 Insurance3.11.1 The Goods supplied under the Contract shall befully insured against loss or damage incidental tomanufacturer or acquisition, transportation, storage, anddelivery in the manner specified in the Special conditionsof contract.KENYA SUGAR BOARD28

3.12 Payment3.12.1 The method and conditions of payment to be madeto the tenderer under this Contract shall be specified inSpecial Conditions of Contract3.12.2 Payments shall be made promptly by the Procuringentity as specified in the contract3.13 Prices3.13.1 Prices charged by the tenderer for goods deliveredand services performed under the Contract shall not,with the exception of any price adjustments authorizedin Special Conditions of Contract, vary from the pricesby the tenderer in its tender.3.13.2 Contract price variations shall not be allowed forcontracts not exceeding one year (12 months)3.13.3 Where contract price variation is allowed, thevariation shall not exceed 10% of the original contractprice.3.13.4 Price variation request shall be processed by theprocuring entity within 30 days of receiving the request.3.14. Assignment3.14.1 The tenderer shall not assign, in whole or in part,its obligations to perform under this Contract, exceptwith the Procuring entity’s prior written consent3.15 Subcontracts3.15.1 The tenderer shall notify the Procuring entity inwriting of all subcontracts awarded under this Contractif not already specified in the tender. Such notification,in the original tender or later, shall not relieve theKENYA SUGAR BOARD29

tenderer from any liability or obligation under theContract3.16 Termination for default3.16.1 The Procuring entity may, without prejudice to anyother remedy for breach of Contract, by written notice ofdefault sent to the tenderer, terminate this Contract inwhole or in part(a)(b)(c)if the tenderer fails to deliver any or all of thegoods within the period(s) specified in theContract, or within any extension thereof grantedby the Procuring entityif the tenderer fails to perform any otherobligation(s) under the Contractif the tenderer, in the judgment of the Procuringentity has engaged in corrupt or fraudulentpractices in competing for or in executing theContract3.16.2 In the event the Procuring entity terminates theContract in whole or in part, it may procure, upon suchterms and in such manner as it deems appropriate,equipment similar to those undelivered, and the tenderershall be liable to the Procuring entity for any excesscosts for such similar goods.3.17 Liquidated Damages3.17.1. If the tenderer fails to deliver any or all of the goodswithin the period(s) specified in the contract, theprocuring entity shall, without prejudice to its otherremedies under the contract, deduct from the contractprices liquidated damages sum equivalent to 0.5% ofthe delivered price of the delayed items up to amaximum deduction of 10% of the delayed goods. Afterthis the tenderer may consider termination of thecontract.KENYA SUGAR BOARD30

3.18 Resolution of Disputes3.18.1 The procuring entity and the tenderer shall makeevery effort to resolve amicably by direct informalnegotiation and disagreement or dispute arising betweenthem under or in connection with the contract3.18.2 If, after thirty (30) days from the commencement ofsuch informal negotiations both parties have beenunable to resolve amicably a contract dispute, eitherparty may require adjudication in an agreed national orinternational forum, and/or international arbitration.3.19 Language and Law3.19.1 The language of the contract and the law governingthe contract shall be English language and the Laws ofKenya respectively unless otherwise stated.3.20 Force Majeure3.20.1 The tenderer shall not be liable for forfeiture of itsperformance security or termination for default if and tothe extent that it’s delay in performance or other failureto perform its obligations under the Contract is theresult of an event of Force Majeure.KENYA SUGAR BOARD31

SECTION IV - SPECIAL CONDITIONS OF CONTRACTNotes on Special Conditions of ContractThe clauses in this section are intended to assist the procuringentity in providing contract-specific information in relation tocorresponding clauses in the General Conditions of Contract.The provisions of Section IV complement the GeneralConditions of Contract included in Section III, specifyingcontractual requirements linked to the special circumstancesof the procuring entity and the goods being procured. Inpreparing Section IV, the following aspects should be takeninto consideration.(a)(b)Information that complement provisions of Section IIImust be incorporated andAmendments and/or supplements to provisions ofSection III, as necessitated by the circumstances of thegoods being procured must also be incorporated.KENYA SUGAR BOARD32

SECTION IV - SPECIAL CONDITIONS OF CONTRACT4.1. Special Conditions of Contract shall supplement theGeneral Conditions of Contract. Whenever there is aconflict, between the GCC and the SCC, the provisions ofthe SCC herein shall prevail over these in the GCC.4.2. Special conditions of contract as relates to the GCCREFERENCEGCCOFSPECIAL CONDITIONS OFCONTRACT3.7.1 N/A3.12.1 30 days after installation andcommissioningKENYA SUGAR BOARD33

SECTION V - TECHNICAL SPECIFICATIONS5.1 General5.1.1 These specifications describe the requirements for goods.Tenderers are requested to submit with their offers thedetailed specifications, drawings, catalogues, etc for theproducts they intend to supply5.1.2 Tenderers must indicate on the specifications sheetswhether the equipment offered comply with eachspecified requirement.5.1.3 All the dimensions and capacities of the equipment to besupplied shall not be less than those required in thesespecifications. Deviations from the basic requirements, ifany shall be explained in detail in writing with the offer,with supporting data such as calculation sheets, etc.The procuring entity reserves the right to reject theproducts, if such deviations shall be found critical to theuse and operation of the products.5.1.4 The tenderers are requested to present information alongwith their offers as follows:(i)(ii)Shortest possible delivery period of each productInformation on proper representative and/or workshopfor back-up service/repair and maintenance includingtheir names and addresses.KENYA SUGAR BOARD34

5.2 PARTICULARSTECHNICAL SPECIFICATIONS FOR AN ELECTRONICDOCUMENT MANAGEMENT SYSTEM1.0 DESCRIPTION OF REQUIRED GOODS AND SERVICES:• Supply, installation and configuration of a documentmanagement system using state of art technology.• Supply, installation and configuration of a scalableRelational DatabaseManagement System that is capable of handling largevolumes of data.• Training of both the technical and operational staff2.0 SYSTEMS IMPLEMENTATION OBJECTIVESThe main objectives of implementing the DocumentsManagement System (DMS) within the Board are to:-1. Reduce or eliminate paper flow and storage throughoutthe Board2. Have quick and easy access to documents andinformation3. Optimize document flow throughout the Board4. Preserve document confidentiality and integrity5. Minimize instances of lost or misplaced documents6. Eliminate duplication in filing documents7. Maintain consistency in filing documents8. Save on storage space9. Improve organizational productivity through thereduction of time spent on managing documents amongothers.3.0 SCOPE OF WORKIn order for KSB to get maximum benefit from implementingthis system, the successful bidder will be expected to: - Study the current KSB documents managementenvironment and propose strategies on how best toachieve the above-specified objectives with theintroduction of the Documents Management system andWorkflow Solution.KENYA SUGAR BOARD35

Supply suitable document management systems softwarebased on the required functionalities specifications asspecified in this document. Provide advice to KSB on the appropriate hardwarerequirements for the system. This includes appropriateserver hardware specification for the DMS and hardwarerequirements with specifications of other peripheraldevices that may be needed for the new environment. Supply, test and implement a Documents Managementand Workflow Solution. Supply the system’s documentation in the form ofinstallation media, user manuals, administrationmanuals, etc. Provide onsite user and administration training toselected personnel from the Board.4.0 FUNCTIONAL SYSTEMS REQUIREMENTSThe intended solution should provide the followingfunctionality4.1 Documents CaptureThe intended product should support the following documentscapturing functionsa) Scanning or imaging: The solution should includescanning or imaging capabilities in order to facilitate theprocess of capturing images of paper files so that they can bestored electronically.b) Document Importing/Exporting: The solution shouldhave document importing capabilities so as to enable bringingin electronic files, such as e-mails, Microsoft Office suitedocuments, graphics, audio clips or video files, into adocument management system. It should also be able to keepsuch documents in their native formats. For documents storedin native formats, the system should have an embedded fileviewer in addition to their originating applications for viewingthe documents. The solutions should have tools for exportingdata from the system.c) Document Conversion: The solution should havedocument conversion facility in order to enable transformingelectronic files, such as word processor or spreadsheetKENYA SUGAR BOARD36

documents into permanent raster-images for storage within adocuments management system.d) Metadata Definition: The solution should allow thecapturing of both desired and qualifying information about thedocuments being captured.e) Batch Processing: The system should allow multiple files tobe brought into the system in one batch in order to speed upthe capturing process before grouping them into appropriatedocuments, assigning index fields and moving them into theirappropriate folder location. It should also allow updates oraddition of index fields at a later time after documents havebeen brought in.f) Zone Optical Character Recognition: The system shouldallow automated document indexing by reading certain regions(zones) of a document and then place that information into theappropriate index template field.4.2 Document Storage & Archiving: The solution shouldsupport storage and archiving of various types of records byauthorized personnel into folders in Magnetic Media (HardDrives) as well as to Magneto-Optical Storage devices,Compact Discs and DVDs. The types of documents to besupported to include Ms office files, WordPerfect files,XML,PDF, HTML, JPEG, GIF, PNG, BMP, FIFF, CSV, RTF andMCW or any other commonly used file formats.4.3 Document Classification/IndexingThe intended system should support the following documentsclassification/indexing capabilitiesa) Full-Text Indexing: The system should support full-textindexing to enable users to locate any word or phrase thatappears in the document and thus eliminating the need toread and manually index documents using keywords.b) Index Fields: The system should support usage of indexfields to enable users to locate documents especially in areaswhere a topic search more expedient than finding everyoccurrence of particular word or where the database containsimages without printed text (e.g. in photographs or maps). Inparticular the Board intends to index using document classesand subclasses as defined in its filing index.c) Indexing by associated document groups (folder/fileStructure): along with full-text and index field searches, theKENYA SUGAR BOARD37

system should enable users to browse through the folderstructure to locate documents.4.4 Document Search OptionsThe system should;a) Have searching tools to allow searching of documents basedon one or more metadata elements provided.b) Have the search within results feature to further narrow theresult set by facilitating the use of a search within the resultsof another.c) Provide the following search options to maximize theeffectiveness of full-text searchi) Use of Fuzzy Logic and Wildcards- The solution should beable to search for spelling variations of words. The use of fuzzylogic and wildcards helps enable the user to search documentswhere there could be misspellings or unknown spellings.ii) Use of Boolean operators – The solution should support theuse of Boolean operators (AND, OR and NOT) in searches tohelp fine-tune them and reduce the number of unrelateddocuments on the results page.iii) Proximity Searches – The solution should be able to findwords that occur within a certain number of words, sentencesor paragraphs of each other (i.e. proximity searches).4.5 Document Search Results Display OptionsThe system should provide the following results displayoptionsa) Lines of Context: The system should reveal the lines ofcontext that display each occurrence of the search word ineach document. This helps users pinpoint the appropriatedocument without having to view every document in thesearch results.b) Highlighted Search Words: The system should display theappropriate page of the document and highlight the searchword in both the text and on the document image once adocument has been identified. This enables the users toimmediately zoom in on the relevant section instead of havingto look through multiple pages of a document.KENYA SUGAR BOARD38

4.6 Annotations SupportThe software should allow users to provide additionalinformation about a document or its status without actuallychanging the original image. In particular, the solution shouldsupport the following annotation features:a) Stamping images with signatures denoting approval ordenial.b) Attaching sticky notes that contain additionalcommentsc) Stamping images with words such as CONFIDENTIALd) Highlighting images and text in various colours toemphasize words or sectionse) Redacting (blacking-out or whiting-out) annotationimages and text to preserve confidentiality.4.7 Electronic Forms SupportThe solution should support usage of sequentially numberedelectronic forms in order to replace the current organizationpaper based forms such as requisitions, leave, medical,equipment request forms, etc.4.8 Personalization ManagementThe solution should have the ability to provide personalized,appropriate content to the particular individual who is viewingthe content.4.9 Document DistributionThe system should provide the following distributioncapabilities• Enable multiple users to access the same files at the sametime and for documents to be distributed to authorizedpersonnel within via intranet.• Enable users to search, retrieve and view documents withany web browser for documents distributed through anintranet,• Safeguard an unalterable copy of the original while allowingusers to enhance collaboration and service by circulatingcopies in the format that best serves their needs.4.10 Document SecurityKENYA SUGAR BOARD39

The system should have a rigorous security module to permitauthorized personnel to perform the required duties withoutcompromising the integrity of the database, system ornetwork. It should:-• Verify and allow or deny access to users based on theaccuracy of the credentials presented to it.• Allow the system administrator to assign access tospecific folders, as well as to specific documents, at bothgroup and individual level so that users can accessdocuments for which they have relevant access privilegeswhilst denying them specific access to the objects forwhich they do not have the relevant privileges. To furthersimplify access rights, the system should supportinherited rights so that if required the rights assigned onparent folders can be inherited to the subfolders.• Let the system administrator limit the actions thatusers are entitled to perform on the folders anddocuments at both the individual and group level.Function rights should also be inheritable from parentfolders to subfolders.• Allow high level users to redact or black out confidentialinformation within the files in order to facilitate securityto be controlled to the individual word level.• Allow authorized users to lock documents against bothchanges and annotations.• Allow authorized users to lock documents againstcopying text or graphics.• Allow authorized personnel to lock or unlock certainform fields for electronic forms.• Offer the ability to generate audit trails and reports thatdetail the system activity. The audit-trail should inparticular provide the user name, documents accessed,type of access, actions performed, and the date and timethe action took place.• Offer digital archiving capabilities so that in the event ofdocument loss or damage, archives can be reconstructedfrom the digital backups.• Support usage of password-protected signature profilesthat should be stored in a secure, encrypted file.KENYA SUGAR BOARD40

4.11 Document Lifecycle ManagementThe system should allow for users to specify and control thelifecycle of records.4.12 Document Retention and DisposalThe system should have the following retention and disposalcapabilities• It should allow authorized personnel to assign cut-offcriteria, which determines when records can be cut-off.The criteria should be based on time, event as well as acombination of time and event.• It should allow authorized personnel to specifyretention periods, which upon expiry the record becomeeligible for disposition.• It should allow authorized personnel to disposedocuments through one or more disposition actionsnamely interim transfers and final disposition.• It should allow authorized personnel to freeze foldershalting any dispositions on them and making all recordswithin the folder unalterable.4.13 Document Workflow FunctionsThe system should define the business processes associatedwith creating and distributing documents and automate therouting of documents to various personnel, which eliminatesbottlenecks and streamlines business processes. In particular,the system’s workflow component should:• Allow the administrator to specify one or morepredetermined paths or workflows that different types ofdocuments must travel. To simplify the workflow design,the solution should provide workflow templates for thedifferent processes that can be modified to suit theBoard.• Allow the administrator to specify customizableworkflow routing rules for different document type andpurpose.• Allow the user to either specify the next user of hischoice or a workflow at any stage during the workflow.• Automatically notify specific users of specific documentmanagementrelated system events, based on rulescreated by the system administratorKENYA SUGAR BOARD41

• Generate acknowledgement receipts, return receiptsand timed responses• Send either a reminder message or a second message toan alternate recipient if the primary recipient does notact within a specific time frame.• Move, copy or delete documents within the documentmanagement database based on a predetermined set ofrules• Handle exceptions to the rules as they arise• Allow sequential and concurrent routing of documents.• Provide rigorous workflow reporting. The reportingshould include status of documents and individualworkflow instances as well as the workflow audit trail.4.14 Version Control and ManagementThe solution should allow multiple users to makesimultaneous changes to content, and keeps track of all ofthese changes made to the content. Versioning should indicatean auto incremented sequence of revisions to a particularrecord. Different versions should be retrievable as if they wereindependent documents. For records involved in versioning,the application should be able to identify the most recentversions4.15 Package Quality FeaturesThe intended product should have the following qualityfeatures: UsabilityThe system should have a user-friendly interface to facilitatethe ease of capturing documents, organizing documents,finding documents, etc. CustomizabilityThe system should allow creation of custom reporting toenable the Board to create its own reports in addition to thesystem’s standard reports. The Report writer must enable theuser to define, store and reproduce reports of their own choice,without the need for further programming by the suppliers.The report writer should support multiple selection criteria onall the database fields and allow output in any number ofindexes or orders.All queries must be output to screen, printer or file.KENYA SUGAR BOARD42

CompatibilityThe system should• Communicate using popular network protocolsincluding TCP/IP• The end user interface should be web based andcompatible with commonly used browsers e.g Internetexplorer, Firefox etc• Store text and image files in non-proprietary industrystandardformats PortabilityThe system should• Work with a variety of standard operating systems includingWindows, Unix and Linux etc ScalabilityThe system should have capability to accommodate highvolumes of users at least 100 users• Inter-operabilityThe system should interface well with• The existing folder structure constructed in Windows• The existing office automation software (MicrosoftOffice) ReliabilityThe system should be robust with proven minimal mean timebetween failures in previous implementation.4.16 Technical FacilitiesThe Board will provide working space and access to itsnetwork environment.However the Board may not provide other technical facilities,hence contractor should provide own requisite facilities.5.0 GENERAL/COMMON FEATURES SPECIFICATIONS5.1 Software LicensesLicenses and any copy protection devices shall be provided forrunning copies of Bidder software.5.2 UsersThe Number of users who will have access to the system is100 people.5.3 System ManagementKENYA SUGAR BOARD43

Annual ChargesAny charges such as annual maintenance, annual license feeand software support cost should be clearly stated. Theprivileges that will be experienced by subscribing to suchannual charges should be clearly stated. E.g. Product upgradeat no other cost etc.5.4 Estimated Implementation ScheduleProvide a detailed implementation schedule detailing thenumber of your staff required for timely project delivery, thenumber of KSB staff required to facilitate timely projectdelivery, and services and material that are critical for thesuccessful project implementation. Highlight the criticalmilestones that are expected during project implementationwith the approach to be taken for a successful timely projectimplementation.NB. KSB intends to have the project implemented within 2months.5.5 Hardware SpecificationsBidders should provide advice to KSB in the scoping ofhardware requirements for the document managementsystem. This includes review and advise on the Appropriate server hardware specification for the DMS. Requirements of other peripheral devices such as scanningdevices etc. Provide advice and specification for appropriate storagemedia devices and software.KENYA SUGAR BOARD44

SECTION VI - SCHEDULE OF REQUIREMENTSNo Description Qty Delivery schedule1 Supply ,Installation &configuration of a DocumentManagement System2 Software licenses3 Users 1004 Among othersKENYA SUGAR BOARD45

SECTION VII - PRICE SCHEDULE FOR GOODSName of tenderer Tender Number Pageof1 2 3 4 5 6 7Item Description Countryof originQuantity UnitpriceTotalPriceEXWperitem(cols.4x5)Unit priceof otherincidentalservicespayableSignature of tendererNote: In case of discrepancy between unit price and total, theunit price shall prevail.KENYA SUGAR BOARD46

SECTION VIII -STANDARD FORMSNotes on the sample Forms1. Form of Tender - The form of tender must becompleted by the tenderer and submitted with the tenderdocuments. It must also be duly signed by duly authorizedrepresentatives of the tenderer.2. Confidential Business Questionnaire Form - This formmust be completed by the tenderer and submitted with thetender documents.3. Tender Security Form - When required by thetender documents the tender shall provide the tendersecurity either in the form included herein or in anotherformat acceptable to the procuring entity.4. Contract Form - The Contract Form shall not becompleted by the tenderer at the time of submitting thetender. The Contract Form shall be completed aftercontract award and should incorporate the acceptedcontract price.5. Performance Security Form - The performancesecurity form should not be completed by the tenderers atthe time of tender preparation. Only the successfultenderer will be required to provide performance security inthe form provided herein or in another form acceptable tothe procuring entity.6. Bank Guarantee for Advance Payment Form -When Advance payment is requested for by thesuccessful bidder and agreed by the procuring entity, thisform must be completed fully and duly signed by theauthorized officials of the bank.KENYA SUGAR BOARD47

7. Manufacturers Authorization Form - When requiredby the ender documents this form must be completed andsubmitted with the tender documents. This form will becompleted by the manufacturer of the goods where thetenderer is an agent.KENYA SUGAR BOARD48

8.1 FORM OF TENDERTo:DateTender No.[name and address of procuring entity]Gentlemen and/or Ladies:1. Having examined the tender documents including AddendaNos. ………………………………. [insert numbers].the receipt of which is herebyduly acknowledged, we, the undersigned, offer to supply deliver, install andcommission ( …………………………………………… (insert equipment description)in conformity with the said tender documents for the sum of…………………………………………………………. (total tender amount in words andfigures) or such other sums as may be ascertained in accordance with theSchedule of Prices attached herewith and made part of this Tender.2. We undertake, if our Tender is accepted, to deliver install andcommission the equipment in accordance with the delivery schedule specified inthe Schedule of Requirements.3. If our Tender is accepted, we will obtain the guarantee of a bank in asum of equivalent topercent of the Contract Price for thedue performance of the Contract , in the form prescribed by ……………….……………….( Procuring entity).4. We agree to abid by this Tender for a period of …… [number] daysfrom the date fixed for tender opening of the Instructions to tenderers, and itshall remain binding upon us and may be accepted at any time before theexpiration of that period.5. This Tender, together with your written acceptance thereof and yournotification of award, shall constitute a Contract, between us. Subject tosigning of the Contract by the parties.6. We understand that you are not bound to accept the lowest or anytender you may receive.Dated this day of 20[signature][in the capacity of]Duly authorized to sign tender for an on behalf ofKENYA SUGAR BOARD49

8.2 CONFIDENTIAL BUSINESS QUESTIONNAIRE FORMYou 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 businessYou are advised that it is a serious offence to give false information on this formPart 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. ……………………………………(Attach Copy)Maximum value of business which you can handle at any one time –Kshs. ……………………………………Name of your bankers ……………………………………………..Branch ………………………………………KRA Tax Compliance Certificate……………………………….(Attach copy)Business Permit No.……………………………………………… (Attach copy)Part 2 (a) – Sole ProprietorYour name in full …………………………………………………….. Age ……………………..Nationality ………………………………… Country of origin ………………………………. Citizenship details …………………………………………………….Part 2 (b) PartnershipGiven details of partners as follows:Name Nationality Citizenship Details Shares1. ………………………………………………………………………………………….2. …………………………………………………………………………………………3. …………………………………………………………………………………………4. ………………………………………………………………………………………….Part 2 (c ) – Registered CompanyPrivate or Public……………………………………………………………………………………………………….State the nominal and issued capital of company-Nominal Kshs. ………………………………Issued Kshs. …………………………………Given details of all directors as followsKENYA SUGAR BOARD50

Name Nationality Citizenship Details Shares1………………………………………………………………………………………………………2. ………………………………………………………………………………………………………3. ………………………………………………………………………………………………………4. ………………………………………………………………………………………………………5 ………………………………………………………………………………………………………Date …………………….. Signature of Candidate ………………………………..If a Kenya Citizen, indicate under “Citizenship Details” whether by Birth,Naturalization or Registration.KENYA SUGAR BOARD51

8.3 TENDER SECURITY FORMWhereas ………………………………………. [name of thetenderer](hereinafter called “the tenderer”) has submitted itstender dated …………. [date of submission of tender] for thesupply, installation and commissioning of……………………[name and/or description of the equipment](hereinafter called “the Tender”)……………………………………….. KNOW ALL PEOPLE bythese presents that WE ……………………… of………………………. having our registered office at………………… (hereinafter called “the Bank”), are boundunto …………….. [name of Procuring entity} (hereinaftercalled “the Procuring entity”) in the sum of…………………….. for which payment well and truly to bemade to the said Procuring entity, the Bank binds itself, itssuccessors, and assigns by these presents. Sealed with theCommon Seal of the said Bank thisday of20 .THE CONDITIONS of this obligation are:-1. If the tenderer withdraws its Tender during theperiod of tender validity specified by the tenderer onthe Tender Form; or2. If the tenderer, having been notified of theacceptance of its Tender by the Procuring entityduring the period of tender validity:(a) fails or refuses to execute the Contract Form, ifrequired; or(b) fails or refuses to furnish the performance securityin accordance with the Instructions to tenderers;We undertake to pay to the Procuring entity up to theabove amount upon receipt of its first written demand,without the Procuring entity having to substantiate itsdemand, provided that in its demand the Procuring entity willnote that the amount claimed by it is due to it, owing tothe occurrence of one or both of the two conditions, specifyingthe occurred condition or conditions.KENYA SUGAR BOARD52

This tender guarantee will remain in force up to andincluding thirty (30) days after the period of tendervalidity, and any demand in respect thereof should reachthe Bank not later than the above date.[signature of the bank]____________________________(Amend accordingly if provided by Insurance Company)KENYA SUGAR BOARD53

8.4 CONTRACT FORMTHIS AGREEMENT made the day of 20between ……………… [name of Procurement entity) of ……….. [country ofProcurement entity] (hereinafter called “the Procuring entity) of the onepart and …………………….. [name of tenderer] of ………….. [city andcountry of tenderer] (hereinafter called “the tenderer”) of the other part;WHEREAS the Procuring entity invited tenders for certain goods ] andhas accepted a tender by the tenderer for the supply of those goods inthe 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 samemeanings as are respectively assigned to them in the Conditions ofContract referred to:2. The following documents shall be deemed to form and be read andconstrued as part of this Agreement viz:(a) the Tender Form and the Price Schedule submitted by the tenderer(b) the Schedule of Requirements(c ) the Technical Specifications(d) the General Conditions of Contract(e) the Special Conditions of contract; and(f) the Procuring entity’s Notification of Award3. In consideration of the payments to be made by the Procuringentity to the tenderer as hereinafter mentioned, the tender herebycovenants with the Procuring entity to provide the goods and to remedydefects therein in conformity in all respects with the provisions of theContract4. The Procuring entity hereby covenants to pay the tenderer inconsideration of the provisions of the goods and the remedying of defectstherein, the Contract Price or such other sum as may become payableunder the provisions of the Contract at the times and in the mannerprescribed by the contract.IN WITNESS whereof the parties hereto have caused this Agreement to beexecuted in accordance with their respective laws the day and year firstabove written.Signed, sealed, delivered by the (for the ProcuringentityKENYA SUGAR BOARD54

Signed, sealed, delivered by the (for the tendererin the presence of(Amend accordingly if provided by Insurance Company)KENYA SUGAR BOARD55

8.5 PERFORMANCE SECURITY FORMTo ………………………………………….[name of Procuring entity]WHEREAS …………………………………… [name of tenderer](hereinafter called “the tenderer”) has undertaken , inpursuance of Contract No.[referencenumber of the contract] dated 20 to supply……………………………………………… [description of goods](hereinafter called “the Contract”).AND WHEREAS it has been stipulated by you in the saidContract that the tenderer shall furnish you with a bankguarantee by a reputable bank for the sum specified therein assecurity for compliance with the Tenderer’s performanceobligations in accordance with the Contract.AND WHEREAS we have agreed to give the tenderer aguarantee:THEREFORE WE hereby affirm that we are Guarantors andresponsible to you, on behalf of the tenderer, up to a total of………………………. [amount of the guarantee in words andfigure] and we undertake to pay you, upon your first writtendemand declaring the tenderer to be in default under theContract and without cavil or argument, any sum or sumswithin the limits of …………………….. [amount of guarantee] asaforesaid, without you needing to prove or to show grounds orreasons for your demand or the sum specified therein.This guarantee is valid until the day of 20Signed and seal of the Guarantors[name of bank or financial institution][address]KENYA SUGAR BOARD56

[date]KENYA SUGAR BOARD57

8.6 BANK GUARANTEE FOR ADVANCE PAYMENT FORMTo………………………………[name of Procuring entity][name of tender] …………………..Gentlemen and/or Ladies:In accordance with the payment provision included in the SpecialConditions of Contract, which amends the General Conditions ofContract to provide for advance payment,…………………………………………………. [name and address oftenderer](hereinafter called “the tenderer”) shall deposit with theProcuring entity a bank guarantee to guarantee its proper and faithfulperformance under the said Clause of the Contract in an amount of ………………………. [amount of guarantee in figures and words].We, the ……………………………. [bank or financial institutions], asinstructed by the tenderer, agree unconditionally and irrevocably toguarantee as primary obligator and not as surety merely, the payment tothe Procuring entity on its first demand without whatsoever right ofobjection on our part and without its first claim to the tenderer, in theamount not exceeding …………………… [amount of guarantee in figuresand words]We further agree that no change or addition to or other modification ofthe terms of the Contract to be performed there-under or of any of theContract documents which may be made between the Procuring entityand the tenderer, shall in any way release us from any liability underthis guarantee, and we hereby waive notice of any such change, addition,or modification.This guarantee shall remain valid in full effect from the date of theadvance payment received by the tenderer under the Contract until………… [date].Yours truly,Signature and seal of the Guarantors[name of bank or financial institution][address]KENYA SUGAR BOARD58

[date]KENYA SUGAR BOARD59

8.7 MANUFACTURER’S AUTHORIZATION FORMTo[name of the Procuring entity] ………………….WHEREAS …………………………………………………………[name of the manufacturer] who are established and reputablemanufacturers of ………………….. [name and/or description ofthe goods] having factories at …………………………………[address of factory] do hereby authorize …………………………[name and address of Agent] to submit a tender, andsubsequently negotiate and sign the Contract with you againsttender No. ………………………. [reference of the Tender] for theabove goods manufactured by us.We hereby extend our full guarantee and warranty as per theGeneral Conditions of Contract for the goods offered for supplyby the above firm against this Invitation for Tenders.manufacturer][signature for and on behalf ofNote: This letter of authority should be on the letterhead of theManufacturer and should be signed by a personcompetent.KENYA SUGAR BOARD60

8.8 LETTER OF NOTIFICATION OF AWARDTo:Address of Procuring Entity__________________________________________RE: Tender No.Tender NameThis is to notify that the contract/s stated below under the abovementioned tender have been awarded to you.1. Please acknowledge receipt of this letter of notification signifyingyour acceptance.2. The contract/contracts shall be signed by the parties within 30days of the date of this letter but not earlier than 14 days from thedate of the letter.3. You may contact the officer(s) whose particulars appear below onthe subject matter of this letter of notification of award.(FULL PARTICULARS)SIGNED FOR ACCOUNTING OFFICERKENYA SUGAR BOARD61

8.9 FORM RB 1REPUBLIC OF KENYAPUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARDAPPLICATION NO…………….OF……….….20……...BETWEEN…………………………………………….APPLICANTAND…………………………………RESPONDENT (Procuring Entity)Request for review of the decision of the…………… (Name of the ProcuringEntity) of ……………dated the…day of ………….20……….in the matter of TenderNo………..…of …………..20…REQUEST FOR REVIEWI/We……………………………,the above named Applicant(s), of address: Physicaladdress…………….Fax No……Tel. No……..Email ……………, hereby request thePublic Procurement Administrative Review Board to review the whole/part ofthe above mentioned decision on the following grounds , namely:-1.2.etc.By this memorandum, the Applicant requests the Board for an order/ordersthat: -1.2.etcSIGNED ……………….(Applicant)Dated on…………….day of ……………/…20…FOR OFFICIAL USE ONLYLodged with the Secretary Public Procurement Administrative Review Board on………… day of ………....20….………SIGNEDBoard SecretaryKENYA SUGAR BOARD62