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KENYA PORTS AUTHORITY
SUPPLY OF MARINE PAINTS
TENDER NO. KPA/072/2016-17/ME
TENDER DOCUMENTTABLE OF CONTENTS
SECTION I INVITATION TO TENDER……………………
SECTION II INSTRUCTIONS TO TENDERERS………….
SECTION III GENERAL CONDITIONS OF CONTRACT…….
SECTION IV SPECIAL CONDITIONS OF CONTRACT……..
SECTION V TECHNICAL SPECIFICATIONS………………
SECTION VI SCHEDULE OF REQUIREMENTS…………….
SECTION VII PRICE SCHEDULE FOR GOODS……………..
SECTION VIII STANDARD FORMS………………………….
8.1 FORM OF TENDER……………………………
8.2 CONFIDENTIAL BUSINESS
QUESTIONNAIRES FORMS………………..
8.3 TENDER SECURITY FORM…………………….
8.4 CONTRACT FORM………………………………
8.5 PERFORMANCE SECURITY FORM……………
8.6 BANK GUARANTTE FOR ADVANCE
PAYMENT FORM……………………………….
8.7 MANUFACTURER’S AUTHORIZATION FORM…………
8.8 DECLARATION FORM…………………………………….
SECTION I: INVITATION
TENDER REF No.: KPA/072/2016-17/ME
TENDER NAME: SUPPLY OF MARINE PAINTS
1. The Kenya Ports Authority now invites sealed tenders from eligible paint manufacturers or their duly authorized agents/stockists/ distributors for Supply of Marine Paints for a period of three years.
2. Tendering will be conducted through the national Competitive Bidding procedures specified in the Public Procurement and Asset Disposal Act, 2015.
3. Interested eligible Tenderers may obtain further information from and inspect the Tendering Documents at the offices of the Head of Procurement & Supplies located on the 4th floor of office Block 3 at the Kenya Ports Authority Headquarters, Kilindini Kipevu from MONDAY TO FRIDAY (BETWEEN 0800 HOURS AND 1600 HOURS inclusive) except on public holidays and Sundays.
4. The tender document can be viewed and downloaded from the KPA website www.kpa.co.ke at no fee through the following link http://www.kpa.co.ke/InfoCenter/Tenders/Pages/default.aspx
5. Enquiries can be made via email address:
6. Bidders are advised to regularly visit the KPA website to obtain any additional information/addendum on the tender. All addenda/additional information on the tender shall be posted on the KPA website as they become available.
7. The amount of Tender Security shall be Kenya Shillings One Hundred Thousand Only (Kshs. 100,000.00) in form of a Banker’s guarantee or an Insurance Company Guarantee issued by an insurance firm approved by the Public Procurement Oversight Authority (PPOA), cash, letter of credit or guarantee by a deposit taking microfinance institution, Sacco society, the Youth Enterprise Development Fund or the Women Enterprise Fund valid for 120 days from the date of tender opening in the format provided in the tender document.
8. All Tenders in one original plus [two-2 copies], properly filled in, and enclosed in plain envelopes must be delivered to the address below and addressed as follows:
TENDER NO. KPA/072/2016 - 17/ME -
SUPPLY OF MARINE PAINTS
“DO NOT OPEN BEFORE 1000HOURS ON TUESDAY 13TH DECEMBER 2016”
Addressed:
THE HEAD OF PROCUREMENT AND SUPPLIES
KENYA PORTS AUTHORITY
KIPEVU HEADQUARTERS 4TH FLOOR
FINANCE BLOCK III, DOOR BLK-3.4.3
KILINDINI MOMBASA
Phone: +254 (41) 2113600/ 2113999
E-mail:
Completed tenders shall be placed in Tender Box No. 7 located at the BUS TERMINUS, PORT MAIN PEDESTRIAN GATE NO.8, KILINDINI, MOMBASA BEFORE 1000HOURS ON TUESDAY 13TH DECEMBER 2016.
Bulky tenders shall be submitted at the office of Head of Procurement & Supplies located on the 4th floor of office Block III at the Kenya Ports Authority Headquarters, Kipevu, Kilindini Mombasa BEFORE 1000HOURS ON TUESDAY 13TH DECEMBER 2016.
9. Tenders will be opened promptly after 1030HOURS ON TUESDAY 13TH
DECEMBER 2016 in the presence of Tenderers’ representatives who choose to
attend the opening at the Procurement Conference Room located at the New
Service Area (Kapenguria).
10. Late Tenders, incomplete Tenders, Tenders not opened at the Tender opening ceremony shall not be accepted for evaluation.
11. Canvassing or lobbying for the tender shall lead to automatic disqualification.
Yobesh Oyaro
HEAD OF PROCUREMENT AND SUPPLIES
FOR: MANAGING DIRECTOR
VISION, MISSION, &CORE VALUES
Vision
World class seaports of choice.
Mission
To facilitate and promote global maritime trade through the provision of competitive port services.
Values
Customer Focus: Service excellence is key to our operations and we endeavor to exceed customer expectations.
Integrity: We uphold fairness, honesty, professionalism and transparency in all our undertakings.
Teamwork: We embrace team spirit in all that we do.
We Care: We care for our staff, the communities around us and are sensitive to the environment.
HEALTH, SAFETY AND ENVIRONMENT POLICY STATEMENT
The Kenya Ports Authority recognizes and appreciates the importance of Health, Safety and Environment in the organization.
The Authority therefore places Health, Safety and Environment matters as important Boardroom Agenda.
To translate this commitment into actions, the Authority shall adopt a health, safety and environment policy that shall ensure:
1. Compliance with all relevant statutory instruments in all matters of Health, Safety and Environment.
2. Appropriate consideration of relevant international conventions and recommendations.
3. Formulation and compliance with rules, regulations and guidelines on matters of Health, Safety and Environment.
4. All reasonably practicable precautions are taken to safeguard the safety and health of all employees and Port users.
5. Appropriate systems for providing adequate information and instructions to all cadres of employees on risks to their health and safety are in place.
6. That all work places and equipment/plant are safe and regularly inspected.
7. All employees and Port Users assume defined responsibilities in matters of health, safety and environment in conformity with this policy.
8. Appropriate training for all employees to enhance their performance is provided.
9. That all Suppliers comply with Health, Safety and Environment rules, regulations and guidelines.
10. Adequate provision for prevention and control of fires and proper use of Firefighting appliances.
11. Adequate provision for prevention and control of environmental pollution.
12. That Environmental Impact Assessment is carried out for all projects likely to have an impact on the environment.
13. Provision and promotion of First Aid services and activities.
14. Contravention of the Health, Safety and Environment Management System attracts severe disciplinary action including dismissal and/or prosecution.
15. Review of the Health, Safety and Environment Management System to conform to changing trends.
(Signed)
Catherine Mturi - Wairi
MANAGING DIRECTOR
QUALITY POLICY STATEMENT
Kenya Ports Authority is committed to provision of Quality Port Services to our customers’ satisfaction. We undertake to facilitate and promote global maritime trade by:
· Complying with ISO 9001 Quality Management System (QMS) Standards,
· Continually improving and effectively implementing our QMS processes and capabilities,
· Ensuring that Quality Objectives associated with the Quality Policy are reviewed annually via departmental Quality Operating Procedures.
Quality Objectives
The Management has established quality objectives, including those needed to meet the requirements, at relevant functional units in the Authority. The quality objectives are measurable and consistent with the quality policy.
The Authority’s broad quality objectives are;
1. Improve service delivery and customer satisfaction.
2. Enhance operational efficiency.
3. Improve productivity of internal resources.
These objectives are reviewed on an annual basis in accordance with the Corporate Business Plan and Signed Performance Contract as cascaded to relevant functions.
(Signed)
Catherine Mturi - Wairi
MANAGING DIRECTOR
SECTION II - INSTRUCTIONS TO TENDERERS
Table of Clauses
Page
2.1 Eligible tenderers………………………
2.2 Eligible goods………………………….
2.3 Cost of tendering…………………………
2.4 Contents of Tender document………………
2.5 Clarification of documents………………
2.6 Amendment of documents……………..
2.7 Language of tender……………………..
2.8 Documents comprising the tender……….
2.9 Tender forms……………………………..
2.10 Tender prices……………………………...
2.11 Tender currencies………………………….
2.12 Tenderers eligibility and qualifications……
2.13 Goods’ eligibility and conformity to
Tender documents…………………………..
2.14 Tender security…………………………….
2.15 Validity of tenders…………………………
2.16 Format and signing of tenders…………….
2.17 Sealing and marking of tenders…………….
2.18 Deadline for submission of tender …………
2.19 Modification and withdrawal of tenders…..
2.20 Opening of tenders…………………………
2.21 Clarification of tenders……………………..
2.22 Preliminary examination……………………..
2.23 Conversion to single currency……………
2.24 Evaluation and comparison of tenders…….
2.25 Contacting the procuring entity…………….
2.26 Award of contract…………………………..
(a) Post qualification…………………………..
(b) Award criteria……………………………..
(c) Procuring entity’s right to vary quantities
(d) Procuring entity’s right to accept or
reject any or all tenders ……………………
2.27 Notification of award……………………..
2.28 Signing of contract……………………….
2.29 Performance security……………………….
2.30 Corrupt or fraudulent practices…………….
SECTION II - INSTRUCTIONS TO TENDERERS
2.1. Eligible Tenderers
2.1.1. 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.
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 information statement that the tenderer (including all members of a joint venture and subcontractors) is not associated, or have been associated in the past, directly or indirectly, with a firm or any of its affiliates which have been engaged by the Procuring entity to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the goods under this Invitation for tenders.
2.1.4. Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices.
2.2 Eligible Goods
2.2.1 All goods to be supplied under the contract shall have their origin in eligible source countries.
2.2.2 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
2.2.3 The origin of goods is distinct from the nationality of the tenderer.
2.3 Cost of Tendering
2.3.1 The Tenderer shall bear all costs associated with the preparation and submission of its tender, and the procuring entity, will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process.
2.3.2 The price to be charged for the tender document shall not exceed Kshs. 1,000/=
2.3.3 All firms found capable of performing the contract satisfactorily in accordance to the set prequalification criteria shall be pre-qualified.
2.4. The Tender Document
2.4.1 The tender document comprises the documents listed below and addenda issued in accordance with clause 2.6 of 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 Questionnaire
2.4.2 The Tenderer is expected to examine all instructions, forms, terms, and specifications in the tender documents. Failure to furnish all information required by the tender documents or to submit a tender not substantially responsive to the tender documents in every respect will be at the tenderers risk and may result in the rejection of its tender.
2.5 Clarification of Documents
2.5.1 A prospective tenderer requiring any clarification of the tender document may notify the Procuring entity in writing or by post at the following address:
THE HEAD OF PROCUREMENT AND SUPPLIES
KENYA PORTS AUTHORITY
KIPEVU HEADQUARTERS 4TH FLOOR
FINANCE BLOCK III, DOOR BLK-3.4.3
KILINDINI MOMBASA
Phone: +254 (41) 2113600/ 2113999
E-mail:
The Procuring entity will respond in writing to any request for clarification of the tender documents, which it receives not later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the procuring entity. Written copies of the Procuring entities response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective tenderers that have received the tender document.
2.5.2 The procuring entity shall reply to any clarifications sought by the tenderer within two (2) days of receiving the request to enable the tenderer to make timely submission of its tender.
2.6 Amendment of Documents
2.6.1 At any time prior to the deadline for submission of tenders, the Procuring entity, for any reason, whether at its own initiative or in response to a clarification requested by a prospective tenderer, may modify the tender documents by amendment.
2.6.2 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.
2.6.3 In order to allow prospective tenderers reasonable time in which to take the amendment into account in preparing their tenders, the Procuring entity, at its discretion, may extend the deadline for the submission of tenders.
2.7 Language of Tender
2.7.1 The tender prepared by the tenderer, as well as all correspondence and documents relating to the tender exchange by the tenderer and the Procuring entity, shall be written in English language, provided that any printed literature furnished by the tenderer may be written in another language provided they are accompanied by an accurate English translation of the relevant passages in which case, for purposes of interpretation of the tender, the English translation shall govern.
2.8 Documents Comprising of Tender
2.8.1 The tender prepared by the tenderers shall comprise the following components
(a) a Tender Form and a Price Schedule completed in accordance with paragraph 2.9, 2.10 and 2.11 below
(b) documentary evidence established in accordance with paragraph 2.1.2 that the tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted;
(c) documentary evidence established in accordance with paragraph 2.2.1 that the goods and ancillary services to be supplied by the tenderer are eligible goods and services and conform to the tender documents; and
(d) tender security furnished in accordance with paragraph 2.14
2.9 Tender Forms
2.9.1 The tenderer shall complete the Tender Form and the appropriate Price Schedule furnished in the tender documents, indicating the goods to be supplied, a brief description of the goods, their country of origin, quantity, and prices.
2.10 Tender Prices
2.10.1 The tenderer shall indicate on the appropriate Price Schedule the unit prices and total tender price of the goods it proposes to supply under the contract