1.1.1 national oil corporation of kenya · page 4 of 38 verification of the deposit slip with the...

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REQUEST FOR PROPOSALS (RFP)

TECHNICAL DESIGN, FABRICATION AND INSTALLATION

OF MAIN IDENTIFICATION DISPLAY (MID) FOR

NATIONAL OIL STATIONS

TENDER NO. NOCK/PRC/03/ (1121)

NATIONAL OIL CORPORATION OF KENYA

AON MINET HOUSE, 7TH FLOOR

MAMLAKA ROAD, OFF NYERERE ROAD

P.O. BOX 58567-00200

NAIROBI.

Email: [email protected]

CC: [email protected]

MAY 2016

Closing Date & Time: 2nd June 2016 at 1100hrs (East African Time)

1.1.1 NATIONAL OIL CORPORATION OF KENYA






mailto:[email protected]


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TABLE OF CONTENTS…………………………………………………….Page

1. SECTION I - LETTER OF INVITATION ................................................................ 3

2. SECTION II – INFORMATION TO CONSULTANTS (ITC) ................................ 6

3. SECTION III: - TERMS OF REFERENCE ............................................................ 16

4. SECTION IV: - TECHNICAL PROPOSAL ........................................................... 18

5. SECTION V – FINANCIAL PROPOSAL (FP) ....................................................... 26

6. SECTION VI – STANDARD FORMS ..................................................................... 28

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1. SECTION I - LETTER OF INVITATION

AFRICA ARCHITECTS Date: May 2016

Tender Ref No: NOCK/PRC/03/ (1121)

RE: REQUEST FOR PROPOSAL FOR TECHNICAL DESIGN, FABRICATION

AND INSTALLATION OF MAIN IDENTIFICATION DISPLAY (MID) FOR

NATIONAL OIL STATIONS.

1.1 National Oil Corporation invites proposals for Technical Design, Fabrication and Installation of

Main Identification Display(MID) to be done on pilot program to 4 stations each in the following

regions, Coast, Eastern, North Rift, and Western.

1.2 Interested eligible tenderers may view/obtain/download tender documents at

www.nationaloil.co.ke or may obtain further information from and inspect the tender

documents at:

Procurement Department

National Oil Corporation of Kenya

AON Minet House, 7th Floor

Mamlaka Road, off Nyerere Road

P.O Box 58567 – 00200

NAIROBI

Email: [email protected]

CC: [email protected]

during normal working hours.

1.3 The tender document downloaded from the website is free of charge The candidates who

download the tender documents must register their details with the National Oil

Procurement Department via email to the email addresses given above in order to receive any

clarifications and/or addenda. Printed tender documents collected in hard copy attracts a non-

refundable fee of Kenya Shillings one thousand only (Kshs 1,000) which is payable before the

tender closing date and time, in form of cash deposits at the National Oil Bank Accounts as

given below.

(a) Account Name: NATIONAL OIL CORPORATION OF KENYA

Account Number: 1107169380

Bank: KENYA COMMERCIAL BANK LTD

Branch: MOI AVENUE

(b) Account Name: NATIONAL OIL CORPORATION OF KENYA

Account Number: 0560292466991

Bank: EQUITY BANK LIMITED

Branch: KENPIPE INDUSTRIAL AREA

Swift Code: EQBLKENA

NAIROBI, KENYA

The deposit slip must bear the name of the bidding firm/company. An official National Oil’s

receipt of payment of the Kshs 1,000 will be issued at the National Oil’s Cashier’s Office (upon

http://www.nationaloil.co.ke/



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verification of the deposit slip with the bank) on 7th Floor AON Minet House, Mamlaka Road

off Nyerere Road, Nairobi.

1.4 Prices quoted should be net inclusive of all taxes and delivery costs, must be expressed in Kenya

shillings and shall remain valid for a period of one hundred and twenty (120) days from the

closing date of the tender.

1.5 The bidders shall be required to submit their tender documents in two (2) sealed envelopes

enclosed in a larger outer envelope clearly labeled “Request for Proposal (RFP) for Technical

Design, Fabrication and Installation of Main Identification Display (MID) – Tender

Reference No. NOCK/PRC/03(1121)”.with the instructions “Do not open before 2nd June

2016 at 1100hrs (East Africa Time)”:

a) Envelope 1 – Technical Proposal

Labeled “TECHNICAL PROPOSAL – “Request for Proposal (RFP) for Technical


Reference No. NOCK/PRC/03(1121)”.

This shall contain all the mandatory documents as given in the Appendix to Instructions

to Tenderers – for Preliminary evaluation (and clause 1.4 above). In addition, this

envelope shall contain the tenderer’s technical proposal in response to the tender that

will be evaluated as per the technical evaluation criteria summarized in Section 2 –

Appendix to Instruction to Tenderers and in line with the tender document and the Terms

of Reference as given in Section III. The documents clearly labeled “TECHNICAL

PROPOSAL – “Request for Proposal (RFP) for Technical Design, Fabrication and

Installation of Main Identification Display (MID) – Tender Reference No.

NOCK/PRC/03(1121)”shall be submitted as one (1) ORIGINAL which shall be clearly

marked “ORIGINAL” as appropriate and one (1) “COPY” which shall be clearly marked

as such.

NOTE: The technical proposal shall not contain any financial proposal (envelope 2), i.e. the

tender price/costing.

b) Envelope 2 – Financial Proposal

Labeled: “FINANCIAL PROPOSAL – “Request for Proposal (RFP) for Technical


Reference No. NOCK/PRC/03(1121)”.

This shall contain all the tenderer’s pricing/costing as given in the price schedule and

the filled form of tender (Section VI).

Completed tender documents shall be submitted as one (1) ORIGINAL which shall be clearly

marked “ORIGINAL appropriately and one (1) COPY which shall be clearly marked as such

with the tender number and be deposited in the tender box provided at

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5th Floor, AON Minet House


and addressed to:

Chief Executive Officer


P.O Box 58567 – 00200, NAIROBI

Bulky tenders that do not fit in the tender box should be deposited at the Chief Executive`s

Office located at the 7th Floor, AON Minet House, Mamlaka Road off Nyerere road.

The sealed bids are to be received on or before, 2nd June 2016 at 1100hrs (East Africa Time).

1.6 Tenders will be opened immediately thereafter in the presence of the tenderers and/or their

representatives who choose to attend the opening at


The Lounge/boardroom, 5th Floor, AON Minet House,

Mamlaka Road, off Nyerere Road, Nairobi

FOR: CHIEF EXECUTIVE OFFICER

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2. SECTION II – INFORMATION TO CONSULTANTS (ITC)

TABLE OF CONTENTS ………………………………………………………………PAGE

2.1 INTRODUCTION......................................................................................................... 7

2.2 CLARIFICATION AND AMENDMENT OF RFP DOCUMENTS ....................... 7

2.3 PREPARATION OF TECHNICAL PROPOSAL ..................................................... 8

2.4 SUBMISSION, RECEIPT, AND OPENING OF PROPOSALS .............................. 9

2.5 PROPOSAL EVALUATION GENERAL .................................................................. 9

2.6 EVALUATION OF TECHNICAL PROPOSAL ..................................................... 10

2.7 NEGOTIATIONS ....................................................................................................... 10

2.8 AWARD OF CONTRACT......................................................................................... 11

2.9 PERFORMANCE SECURITY ................................................................................. 11

2.10 CONFIDENTIALITY ................................................................................................ 12

2.11 CORRUPT OR FRAUDULENT PRACTICES ....................................................... 12

2.12 APPENDIX A: APPENDIX TO INFORMATION TO CONSULTANTS ............ 13

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2.1 Introduction

2.1.1 National Oil Corporation will select a firm among those invited to submit a proposal, in

accordance with the method of selection detailed in the appendix. The method of

selection shall be as indicated by the procuring entity in the Appendix.

2.1.2 The consultants are invited to submit a Technical Proposal and a Financial Proposal, or

a Technical Proposal only, as specified in the Appendix “ITC” for consulting services

required for the assignment named in the said Appendix. A Technical Proposal only

may be submitted in assignments where National Oil Corporation intends to apply

standard conditions of engagement and scales of fees for professional services which are

regulated as is the case with Building and Civil Engineering Consulting services. In

such a case the highest ranked firm of the technical proposal shall be invited to negotiate

a contract on the basis of scale fees. The proposal will be the basis for Contract

negotiations and ultimately for a signed Contract with the selected firm.

2.1.3 The consultants must familiarize themselves with local conditions and take them into

account in preparing their proposals. To obtain first hand information on the assignment

and on the local conditions, consultants are encouraged to liaise with National Oil

Corporation regarding any information that they may require before submitting a

proposal and to attend a pre-proposal conference where applicable. Consultants should

contact the officials named in the Appendix “ITC” to arrange for any visit or to obtain

additional information on the pre-proposal conference. Consultants should ensure that

these officials are advised of the visit in adequate time to allow them to make appropriate

arrangements.

2.1.4 The Procuring entity will provide the inputs specified in the Appendix “ITC”, assist the

firm in obtaining licenses and permits needed to carry out the services and make

available relevant project data and reports.

2.1.5 Please note that (i) the costs of preparing the proposal and of negotiating the Contract,

including any visit to National Oil Corporation are not reimbursable as a direct cost of

the assignment; and (ii) National Oil Corporation is not bound to accept any of the

proposals submitted.

2.1.6 The procuring entity’s employees, committee members, board members and their

relative (spouse and children) are not eligible to participate.

2.1.7 The price to be changed for the tender document shall be not exceed Kshs.1,000/=

2.1.8 The procuring entity shall allow the tenderer to review the tender document free of

charge before purchase.

2.2 Clarification and Amendment of RFP Documents

2.2.1 Consultants may request a clarification of any of the RFP documents only up to seven

[7] days before the proposal submission date. Any request for clarification must be sent

in writing by paper mail, cable, telex, facsimile or electronic mail to the Client’s address

indicated in the Appendix “ITC”. National Oil Corporation will respond electronic mail

or letters to such requests and will send written copies of the response (including an

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explanation of the query but without identifying the source of inquiry) to all invited

consultants who intend to submit proposals.

2.2.2 At any time before the submission of proposals, National Oil Corporation may for any

reason, whether at his own initiative or in response to a clarification requested by an

invited firm, amend the RFP. Any amendment shall be issued in writing through

addenda. Addenda shall be sent by mail, cable, telex or facsimile to all invited

consultants and will be binding on them. National Oil Corporation may at his discretion

extend the deadline for the submission of proposals.

2.3 Preparation of Technical Proposal

2.3.1 The Consultants proposal shall be written in English language

2.3.2 In preparing the Technical Proposal, consultants are expected to examine the documents

constituting this RFP in detail. Material deficiencies in providing the information

requested may result in rejection of a proposal.

2.3.3 While preparing the Technical Proposal, consultants must give particular attention to the

following:

(i) If a firm considers that it does not have all the expertise for the assignment, it

may obtain a full range of expertise by associating with individual consultant(s)

and/or other firms or entities in a joint venture or sub-consultancy as

appropriate. Consultants shall not associate with the other consultants invited

for this assignment. Any firms associating in contravention of this requirement

shall automatically be disqualified.

(ii) For assignments on a staff-time basis, the estimated number of professional staff-

time is given in the Appendix. The proposal shall however be based on the

number of professional staff-time estimated by the firm.

(iii) It is desirable to have the majority of the key professional staff proposed be

permanent employees of the firm or have an extended and stable working

relationship with it.

(iv) Proposed professional staff must as a minimum, have the experience indicated

in Appendix, preferably working under conditions similar to those prevailing in

Kenya.

(v) Alternative professional staff shall not be proposed and only one Curriculum

Vitae (CV) may be submitted for each position.

2.3.4 The Technical Proposal shall provide the following information and the attached

Standard Forms will also be filled.

1. Technical Design Proposal and a presentation to Evaluation Committee

2. Detailed work plan and work programme and schedules

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3. Past experience in similar completed works ( Minimum 3 years and at least 3

projects of similar nature )

4. Key personnel to be used in the project and their qualifications

5. References from previous/ current clients with telephone numbers and contact

persons

6. Audited financial statements demonstrating capability to carry out the task

7. Past and Current Legal/Arbitration cases.

8. The firm must be willing to make a presentation for Technical design to the

Evaluating Committee.

2.3.5 The Technical Proposal shall not include any financial information.

2.4 Submission, Receipt, and Opening of Proposals

2.4.1 The original proposal (consisting of both Technical Proposal and Financial Proposal; see

para. 1.5) shall be prepared in indelible ink. It shall contain no interlineations or

overwriting, except as necessary to correct errors made by the firm itself. Any such

corrections must be initialed by the persons or person authorized to sign the proposals.

2.4.2 The consultant shall submit an envelope carrying the technical and financial proposals.

For each proposal the consultants shall prepare the number of copies indicated in

Appendix “A”. Each Technical Proposal shall be marked “ORIGINAL” or “COPY”

as appropriate. If there are any discrepancies between the original and the copies of the

proposal, the original shall govern.

2.4.3 Original and all copies of the Technical Proposal shall be placed in a sealed envelope

clearly marked the “TECHNICAL PROPOSAL FOR TECHNICAL DESIGN,

FABRICATION AND INSTALLATION OF MAIN IDENTIFICATION

DISPLAY.” The envelope shall be placed into an outer envelope and sealed.

The outer envelope shall bear the submission address indicated in the letter of invitation,

clause 1.5 and clearly marked, “DO NOT OPEN, EXCEPT IN PRESENCE OF THE

OPENING COMMITTEE.”

2.4.4 The completed Technical and Financial Proposals must be delivered at the submission

address on or before the time and date stated in the Appendix “ITC”. Any proposal

received after the closing time for submission of proposals shall be returned to the

respective consultant unopened.

2.4.5 After the deadline for submission of proposals, the Technical Proposal shall be opened

immediately by the opening committee. The Financial Proposal shall remain sealed and

deposited with a responsible officer of the client department up to the time for public

opening of financial proposals.

2.5 Proposal Evaluation General

2.5.1 From the time the bids are opened to the time the Contract is awarded, if any consultant

wishes to contact National Oil Corporation on any matter related to his proposal, he

should do so in writing at the address indicated in the Appendix “ITC”. Any effort by

the firm to influence National Oil Corporation in the proposal evaluation, proposal

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comparison or Contract award decisions may result in the rejection of the consultant’s

proposal.

2.5.2 Evaluators of Technical Proposals shall have no access to the Financial Proposals until

the technical evaluation is concluded.

2.6 Evaluation of Technical Proposal

2.6.1 The evaluation committee appointed by National Oil Corporation shall evaluate the

proposals on the basis of their responsiveness to the Terms of Reference, applying the

evaluation criteria as follows.

2.6.2 Each responsive proposal will be given a technical score (St). A proposal shall be

rejected at this stage if it does not respond to important aspects of the Terms of Reference

or if it fails to achieve the minimum technical score indicated in the Appendix “ITC”.

The client will breakdown each of the eight criteria and award marks accordingly and

objectively to the respective sub criteria.

2.6.3 The Pass mark will be 60 marks. On attaining this mark, the firms qualify for further

evaluation.

2.7 Negotiations

2.7.1 Negotiations will be held at the same address as “address to send information to the

Client” indicated in the Appendix “ITC”. The aim is to reach agreement on all points

and sign a contract.

2.7.2 Negotiations will include a discussion of the Technical Proposal, the proposed

methodology (work plan), staffing and any suggestions made by the firm to improve the

Terms of Reference. National Oil Corporation and firm will then work out final Terms

of Reference, staffing and bar charts indicating activities, staff periods in the field and

in the head office, staff-months, logistics and reporting. The agreed work plan and final

Terms of Reference will then be incorporated in the “Description of Services” and form

part of the Contract. Special attention will be paid to getting the most the firm can offer

within the available budget and to clearly defining the inputs required from National Oil

Corporation to ensure satisfactory implementation of the assignment.

2.7.3 Having selected the firm on the basis of, among other things, an evaluation of proposed

key professional staff, National Oil Corporation expects to negotiate a contract on the

basis of the experts named in the proposal. Before contract negotiations, National Oil

Corporation will require assurances that the experts will be actually available. National

1. Technical Design Proposal and a presentation to Evaluation Committee

2. Detailed work plan and work programme and schedules

3. Past experience in similar completed works ( Minimum 3 years and at least 3 projects of similar

nature )

4. Key personnel to be used in this project: State their registration status, experience and

qualifications

5. References from previous/ current clients with telephone numbers and contact persons

6. Audited financial statements demonstrating capability to carry out the task

7. Past and Current Legal/Arbitration cases

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Oil Corporation will not consider substitutions during contract negotiations unless both

parties agree that undue delay in the selection process makes such substitution

unavoidable or that such changes are critical to meet the objectives of the assignment.

If this is not the case and if it is established that key staff were offered in the proposal

without confirming their availability, the firm may be disqualified.

2.7.4 The negotiations will conclude with a review of the draft form of the Contract. To

complete negotiations National Oil Corporation and the selected firm will initial the

agreed Contract. If negotiations fail, National Oil Corporation will invite the firm

whose proposal received the second highest score to negotiate a contract.

2.7.5 The procuring entity shall appoint a team for the purpose of the negotiations.

2.8 Award of Contract

2.8.1 The Contract will be awarded following negotiations. After negotiations are completed,

National Oil Corporation will promptly notify other consultants on the shortlist that they

were unsuccessful and return the Financial Proposals of those consultants who did not

pass the technical evaluation.

2.8.2 The selected firm is expected to commence the assignment on the date and at the location

specified in Appendix “A”.

2.8.3 The parties to the contract shall have it signed within 30 days from the date of

notification of contract award unless there is an administrative review request.

2.8.4 The procuring entity may at any time terminate procurement proceedings before contract

award and shall not be liable to any person for the termination.

2.8.5 The procuring entity shall give prompt notice of the termination to the tenderers and on

request give its reasons for termination within 14 days of receiving the request from any

tenderer.

2.8.6 To qualify for contract awards, the tenderer shall have the following:

(a) Necessary qualifications, capability, experience, services, equipment and facilities

to provide what is being procured.

(b) Legal capacity to enter into a contract for procurement

(c) Shall not be insolvent, in receivership, bankrupt or in the process of being wound

up and is not the subject of legal proceedings relating to the foregoing.

(d) Shall not be debarred from participating in public procurement and shall not be in

Litigation with National Oil.

2.9 Performance Security

2.9.1 Within Thirty (30) days of the receipt of notification of award from the Procuring entity,

the successful tenderer shall furnish the performance security in accordance with the

Conditions of Contract, in the Performance Security Form provided in the tender

documents, or in another form acceptable to the Procuring entity.

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2.9.2 Failure of the successful tenderer to comply with the requirements of paragraph 2.27 or

paragraph 2.28 shall constitute sufficient grounds for the annulment of the award and

forfeiture of the tender security, in which event the Procuring entity may make the award

to the next lowest evaluated Candidate or call for new tenders.

2.10 Confidentiality

2.10.1 Information relating to evaluation of proposals and recommendations concerning awards

shall not be disclosed to the consultants who submitted the proposals or to other persons

not officially concerned with the process, until the winning firm has been notified that it

has been awarded the Contract.

2.11 Corrupt or fraudulent practices

2.11.1 The procuring entity requires that the consultants observe the highest standards of ethics

during the selection and award of the consultancy contract and also during the

performance of the assignment. The tenderer shall sign a declaration that he has not and

will not be involved in corrupt or fraudulent practices.

2.11.2 The procuring entity will reject a proposal for award if it determines that the consultant

recommended for award has engaged in corrupt or fraudulent practices in competing for

the contract in question.

2.11.3 Further a consultant who is found to have indulged in corrupt or fraudulent practices

risks being debarred from participating in public procurement in Kenya.

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2.12 Appendix A: Appendix to information to consultants

The following information for procurement of consultancy services and selection of

Consultants shall complement or amend the provisions of the information to consultants,

wherever there is a conflict between the provisions of the information and to consultants

and the provisions of the appendix, the provisions of the appendix herein shall prevail over

those of the information to consultants.

Clause

Reference

Appendix Information

2.1.1 Particulars of eligible tenderers

The tenderer shall provide the following mandatory requirements (failure to submit

the mandatory requirements will lead to disqualification from the tender process –

preliminary evaluation)

2.1.2 Copy of Certificate of Incorporation or Registration

Copy of valid Tax Compliance Certificate

Tender security of KShs50, 000 in form of a bank guarantee drawn by a bank

licensed and operating in Kenya or a guarantee from an insurance company duly

recognized by the Public Procurement Oversight Authority (PPOA).

Duly filled and signed Confidential Business Questionnaire.

Duly filled and signed Bidder’s Declaration and Integrity Pact

Other requirements

Evidence of a registered office clearly indicating the office location in the form of

a signed lease or ownership of the premises. Visits will be done to confirm accuracy

of the information given.

Is not limited or debarred under any of the provisions of the Public Procurement

and Asset Disposal Act, 2015 and the Public Procurement and Disposal

Regulation, 2006 to enter into a Contract;

Must not be bankrupt or in the process of being wound-up and is not the subject of

legal proceedings for the purposes hereof;

Provide information regarding current litigation(s) in which the tenderer is

involved (if any);

The successful tenderer may be asked to present certified copies of any legal

documents above.

2.1.3 The Currency to be quoted is in Kenya Shillings.

Tender

Security Tender security

Tender security is of Kenya Shillings fifty thousand (Kshs 50,000).

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2.1.4 Evaluation and comparison of tenders

Tenderers will be required to pass the preliminary evaluation having submitted all the

mandatory documentation before being considered for technical evaluation.

The evaluation criteria below will be used to evaluate the technical responsiveness of the

tenders:

Evaluation Criteria

Bidders will be required to pass the preliminary evaluation having submitted all the

mandatory documentation before being considered for technical evaluation.

Evaluation Criteria (A) – MID TECHNICAL DESIGN,

FABRICATION AND INSTALLATION OF MAIN

IDENTIFICATION DISPLAY. (M.I.D).

Points

1. Demonstration of previous experience for satisfactorily completed projects

for the last 3 years. Evidence of the criteria below should be attached inform

of LPOs, contracts, award letters for at least 3 clients clearly stating the

scope of works undertaken.

Criteria

i. Technical design of Branding, Signage & other advertising

fixtures – 3 x 3 Marks

ii. Fabrication & Installation of the Signage & Branding Items with

a National wide roll-out – 4 x 3 Marks

iii. Maintenance of signage and branding items – 3 x 3 Marks

30

2. CVs, qualifications and experience of key site management and technical

personnel. Provide a list of professional and technical staff and State their

registration status with relevant bodies.

Criteria

i. Project Manager. – Qualification of Similar works. – 4 Marks

ii. Graphic Designer – Qualification in Graphic Design. – 4 Marks

iii. Draughtsman – Qualification in Computer Aided Software e.g.

AutoCAD, Adobe Design or other related software. – 4 Marks

iv. Welder/Fabrication, Fitter & fitting Technician – Qualification

in Welding – 3 Marks

15

3. List of equipment owned/leased with proof of ownership and/or lease

provided and which shall be dedicated for the works.

Criteria

i. Proof of access to a computer numerical controlled (CNC) printing

and cutting machine – 10 Marks

10

4. Signed and Stamped EHS Policy 10

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5. Draft Program of works and Methodology for the proposed works

Criteria

i. Draft Program of works in a work breakdown schedule (WBS)

critical works from design, Fabrication to implementation. – 5

Marks

ii. A detailed methodology of how the works will be carried out. –

5 Marks

10

TOTAL 75

To be considered technically responsive, the tenderer must score a minimum of 60 points

out of the possible maximum 75 points. Tenderers who score the minimum 60 points and

above, will have their financials – prices evaluated.

2.1.5

Firms must be willing make a presentation of the Technical designs to the Evaluating

Committee on request. Presentation of the Technical Design Proposal will be held at;

a)Venue: The boardroom 5th Floor, AON Minet House


P.O Box 58567 – 00200

Nairobi b) Date and time will be communicated to the tenderers within reasonable time after the tenders

have been opened.

2.1.8 Original and copy of Technical proposal and Financial Proposal are to be submitted in one

sealed envelope clearly marked Technical Proposal for Technical Design, Fabrication and

Installation of Main Identification Display and Financial Proposal for Technical Design,

Fabrication and Installation of Main Identification Display. Please refer to clause 1.6 (a)

and (b).

Payment

Terms

Payment Terms

The schedule of payments will be as negotiated.

2.7 Negotiation

Negotiations will be held at the same address as “address to send information to the Client”

indicated in the Appendix “ITC”. The aim is to reach agreement on all points and sign a

contract.

2.8 Award of Contract

The Contract will be awarded following negotiations.

2.9 Performance Security

The amount of Performance Security shall be 10% of the Contract Price in the format of the

Performance Security Form provided in the tender document in the form of a bank guarantee

drawn by a bank licensed and operating in Kenya or a foreign bank recognized by the Central

Bank of Kenya.

2.11 Corrupt or fraudulent practices

In pursuance of this policy, the Procuring entity requires that all bidders concerned take

measures to ensure that no transfer of gifts, payments or other benefits to officials of the

Procuring entity and/or procurement/management staff with decision making responsibility or

influence occurs. In this regard, the Procuring entity will require all tenderers to sign, as part

of the tender documents, an Integrity Pact (Section VII – Standard forms). Non-delivery of the

Bidders Declaration and Integrity Pact (Section VII – Standard forms) duly undersigned

by the chief executive or legal representative of the tendering party will result in exclusion

of the bid/ quotation from the procurement process.

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3. SECTION III: - TERMS OF REFERENCE

TERMS OF REFERENCE SIGNAGES DESIGN BRIEF

INTRODUCTION

The Corporation intends to revamp the MID to achieve a design that is in line with its strategy.

The bidders are expected to give a detailed document on how the proposed MID will look,

materials used and installation technology to be employed.

Main Identification Display (MID) are used by National Oil to display its brand and advertises

its products.

The bidders are required to generate various design models that will be judged based on the

overall design, materials used, method of installation and the incorporation of new technologies

for all constituent materials.

The process will be in two distinct stages. Stage 1 – The bidders are expected to provide a

comprehensive proposal of a design and make a presentation to the Corporation on the proposed

design. Stage 2 – The winning bidder is expected to fabricate and install the MID after

refinement of the design with the Client.

Technical Design Principles and Concept Plan

A sketch has been provided to offer guidance on the expected outcome. The Sketch can be

accessed at www.nationaloil.co.ke .This sketch forms a guiding principle but the bidder should

not limit themselves to the sketch. The following are basic guidelines to be followed by the

bidders when submitting their proposed design in Stage 1.

MID Design

Proposed dimensional consideration, indicate general

dimension.

Structural details of all components.

Sizing and layout.

General style of the MID.

Material

The proposed materials for the various components of

the MID.

Costing of the individual and various materials

proposed in the design.

Techniques of fastening the proposed materials.

Lighting

Type of lighting fixtures and system to be installed

How the MID will be illuminated safely and cost

effectively.

How the MID will look at night.

Servicing / Maintenance

Ease of access for maintenance & servicing

List of components that need replacement and at what

frequency,

Relocation capability. (modulized components – easy

transfer, removal and relocation of individual

components)

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SUBMISSION REQUIREMENTS

The bidders are expected to submit documents clearly indicating the proposed design of MID

with clear illustrations, drawings, write up and technical information on the installation of the

various materials.

The submission should include but not limited to write ups, diagrams, plans, sections,

illustrations 3-dimensional renders of the MID, and photographs which describe the design

solution.

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4. SECTION IV: - TECHNICAL PROPOSAL

Notes on the preparation of the Technical Proposals

1. In preparing the technical proposals the consultant is expected to examine all terms and

information included in the RFP. Failure to provide all requested information shall be

at the consultants own risk and may result in rejection of the consultant’s proposal.

2. The technical proposal shall provide all required information and any necessary

additional information and shall be prepared using the standard forms provided in this

Section.

3. The Technical proposal shall not include any financial information unless it is allowed

in the Appendix to information to the consultants or the Special Conditions of contract.

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1.1 TECHNICAL PROPOSAL SUBMISSION FORM

[_______________ Date]

To: National Oil Corporation of Kenya

P.O Box 58567 – 00200

NAIROBI

Ladies/Gentlemen:

We, the undersigned, offer to provide the consulting services for __________________

_______________________________ [Title of consulting services] in accordance with your

Request for Proposal dated ______________________ [Date] and our Proposal. We are hereby

submitting our Proposal, which includes this Technical Proposal.

We understand you are not bound to accept any Proposal that you receive.

We remain,

Yours sincerely,

_______________________________ [Authorized Signature]

________________________________ [Name and Title of Signatory]

_________________________________ [Name of Firm]

_________________________________ [Address]

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1.2 FIRM’S REFERENCES

Relevant Services Carried Out in the Last Three Years That Best Illustrate Qualifications

Using the format below, provide information on each assignment for which your firm either

individually, as a corporate entity or in association, was legally contracted.

Assignment Name: Country

Location within Country: Professional Staff provided by Your

Firm/Entity(profiles):

Name of Client: Clients contact person for the assignment.

Address: No of Staff-Months; Duration of

Assignment:

Start Date

(Month/Year):

Completion Date

(Month/Year):

Approx. Value of Services (KShs)

Name of Associated Consultants. If any:

No of Months of Professional Staff provided

by Associated Consultants:

Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions

Performed:

Narrative Description of project:

Description of Actual Services Provided by Your Staff:

Firm’s Name: ___________________________________

Name and title of signatory; ________________________

(May be amended as necessary)

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1.3 COMMENTS AND SUGGESTIONS OF BIDDERS ON THE TERMS OF REFERENCE

FOR TECHNICAL DESIGN, FABRICATION AND INSTALLATION OF MAIN

IDENTIFICATION DISPLAY (M.I.D)

On the Terms of Reference:

1.

2.

3.

4.

5.

On the Technical Design, Fabrication and Installation to be provided by the Client:

1.

2.

3.

4.

5.

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1.4 TEAM COMPOSITION AND TASK ASSIGNMENTS

Technical/Managerial Staff

Support Staff

Name Position Task

Name Position Task

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1.5 DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING

THE ASSIGNMENT

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1.6 FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL

STAFF

Proposed Position:

_____________________________________________________________

Name of Firm:

_________________________________________________________________

Name of Staff:

__________________________________________________________________

Profession:

_____________________________________________________________________

Date of Birth:

__________________________________________________________________

Years with Firm: ___________________________ Nationality: ______________________

Membership in Professional Societies: __________________________________________

Detailed Tasks Assigned: _______________________________________________________

Key Qualifications:

[Give an outline of staff member’s experience and training most pertinent to tasks on

assignment. Describe degree of responsibility held by staff member on relevant previous

assignments and give dates and locations].

Education:

[Summarize college/university and other specialized education of staff member, giving names

of schools, dates attended and degree[s] obtained.]

Employment Record:

[Starting with present position, list in reverse order every employment held. List all positions

held by staff member since graduation, giving dates, names of employing organizations, titles

of positions held, and locations of assignments.]

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Certification:

I, the undersigned, certify that these data correctly describe me, my qualifications, and my

experience.

____________________________________________________Date: ________________

[Signature of staff member]

____________________________________________________Date; ______________

[Signature of authorized representative of the firm]

Full name of staff member:

_____________________________________________________

Full name of authorized representative: _________________________________________

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5. SECTION V – FINANCIAL PROPOSAL (FP)

Notes on the Preparation Financial Proposal

The financial proposal shall be prepared and submitted by the bidders for Technical design,

Fabrication and Installation of Main Identification Display. It shall contain the following.

(a) Submission letter indicating total fees

(b) Price schedules.

(To be prepared by the bidder as appropriate)

1. FINANCIAL PROPOSAL SUBMISSION FORM

________________ [Date]

To: National Oil Corporation of Kenya

P.O Box 58567 – 00200

NAIROBI

Ladies/Gentlemen:

We, the undersigned, offer to provide Technical Design, Fabrication and Installation for Main

Identification Display in accordance with your Request for Proposal dated

(__________________) [Date] and our Proposal. Our attached Financial Proposal is for the sum

of (_________________________________________________________________) [Amount in

words and figures] inclusive of the taxes.

We remain,

Yours sincerely,

_____________________________ [Authorized Signature]

___________________________________________________ [Name and Title of Signatory]

____________________________________________ [Name of Firm]

__________________________________ [Address]

27

PRICE SCHEDULE

Pricing Guideline

For purposes of this tender, all bidders must submit their price in the format shown below.

Name of Tenderer _________Tender Number________ Page ____of ______

DESCRIPTION.

Amount Quoted in KSHS

Signature of tenderer

Note: The price schedule should capture each and every item chargeable by the tenderer, including

any personnel costs where applicable. No hidden costs are acceptable.

1. Where applicable, the tenderer can modify the price schedule, with no major deviation from

the form above.

2. Prices quoted should be inclusive of any applicable taxes – the tenderer should clearly state

that their prices are inclusive of VAT where applicable.

3. The total cost is to be transferred to the Form of Tender.

________________________________________________

Name & Signature of tenderer (authorized signatory)

Stamp ___________________________________________________________

Note: In case of discrepancy between unit price and total, the unit price shall prevail.

28

6. SECTION VI – STANDARD FORMS

Notes on standard forms

Notes on the Standard Forms:

a) Form of Tender

This form must be completed by the tenderer and submitted with the tender documents. It must also be

duly signed by duly authorized representative of the tenderer.

b) Confidential Business Questionnaire Form

This form must be completed by the tenderer and submitted with tender documents

c) Tender Security Form

When required by the tender document the tenderer shall provide the tender security either in the form

included therein after or in another format acceptable to the procuring entity.

d) Contract Form

The Contract form shall not be completed by the tenderer at the time of submitting the tenderer at the

time of submitting the tender. The contract form shall be completed after contract award.

e) Performance Security form

The performance security form should not be completed by the tenderer at the time of tender

preparation. Only the successful tenderer will be required to provide performance security in the sum

provided herein or in another form acceptable to the procuring entity.

f) Bank Guarantee for Advance Payment

When there is an agreement to have Advance payment, this form must be duly completed.

g) Bidder’s Declaration and Integrity Pact

29

6.1 FORM OF TENDER

Date

Tender No.

To:

[name and address of procuring entity]

Gentlemen and/or Ladies:

1 Having examined the tender documents including Addenda Nos. ……………………………….

[insert numbers] the receipt of which is hereby duly acknowledged, we, the undersigned, offer to

supply/deliver/offer, …………………………………………… (insert service description) in

conformity with the said tender documents for the sum of

…………………………………………………………. (total tender amount in words and figures)

or such other sums as may be ascertained in accordance with the Schedule of Prices attached

herewith and made part of this Tender.

2 We undertake, if our Tender is accepted, to deliver install and commission the equipment in

accordance with the delivery schedule specified in the Schedule of Requirements.

3 If our Tender is accepted, we will obtain the guarantee of a bank in a sum of equivalent to

………..percent of the Contract Price for the due performance of the Contract, in the form

prescribed by ………………. ………………. (Procuring entity).

4 We agree to abide by this Tender for a period of …… [number] days from the date fixed for tender

opening of the Instructions to tenderers, and it shall remain binding upon us and may be accepted

at any time before the expiration of that period.

5 This Tender, together with your written acceptance thereof and your notification of award, shall

constitute a Contract, between us. Subject to signing of the Contract by the parties.

6 We understand that you are not bound to accept the lowest or any tender that you may receive.

Dated this day of 20

[signature] [in the capacity of]

Duly authorized to sign tender for an on behalf of

30

6.2 CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM

You are requested to give the particulars indicated in Part 1 and either Part 2(a), 2(b) or 2 (c)

whichever applied to your type of business.

You are advised that it is a serious offence to give false information on this form

Part 1 – General:

Business Name ……………………………………………………………………………………

Location of business premises.

…………………………………………………………………………………

Plot No………………………………………………… Street/Road ………………………………

Postal Address ……………………….. Tel No. …………………. Fax ………………. E mail ….

Nature of Business ………………………………………………………………………………

Registration Certificate No. ………………………………………………………………………

Maximum value of business which you can handle at any one time – KShs.

Name of your bankers ……………………………………….. Branch ……………………………

Part 2 (a) – Sole Proprietor

Your name in full …………………………………………………….. Age ………………

Nationality ………………………………… Country of origin ……………………………

Citizenship details ………………………………………………………………..

Part 2 (b) Partnership

Given details of partners as follows:

Name Nationality Citizenship Details

Shares

1. ………………………………………………………………………………

2. ………………………………………………………………………………

3. ………………………………………………………………………………

4. ………………………………………………………………………………

Part 2 (c ) – Registered Company

Private or Public…………………………………………………………………

State the nominal and issued capital of company-

Nominal KShs.

Issued KShs.

Given details of all directors as follows

Name Nationality Citizenship Details

Shares

1……………………………………………………………………………………………..

2. ……………………………………………………………………………………………

3. ……………………………………………………………………………………………

4. ……………………………………………………………………………………………

5 ……………………………………………………………………………………………..

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

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

Registration.

31

6.3 TENDER SECURITY FORM

Whereas ……………………………………………. [name of the tenderer]

(hereinafter called “the tenderer”) has submitted its tender dated …………. [date of submission of

tender] for the ……………………………… [name and/or description of the equipment]

(hereinafter called “the Tender”) …………………………………………….. KNOW ALL PEOPLE

by these presents that WE ……………………… ……………… of

…………………………………………. having our registered office at ………………… (hereinafter

called “the Bank”), are bound unto …………….. [name of Procuring entity} (hereinafter called “the

Procuring entity”) in the sum of ………………………………….. for which payment well and truly to

be made to the said Procuring entity, the Bank binds itself, its successors, and assigns by these presents.

Sealed with the Common Seal of the said Bank this day of 20

.

THE CONDITIONS of this obligation are:-

1. If the tenderer withdraws its Tender during the period of tender validity specified by the tenderer

on the Tender Form; or

2. If the tenderer, having been notified of the acceptance of its Tender by the Procuring entity

during the period of tender validity:

(a) fails or refuses to execute the Contract Form, if required; or

(b) fails or refuses to furnish the performance security in accordance with the Instructions to

tenderers;

We undertake to pay to the Procuring entity up to the above amount upon receipt of its first written

demand, without the Procuring entity having to substantiate its demand, provided that in its demand

the Procuring entity will note that the amount claimed by it is due to it, owing to the occurrence of one

or both of the two conditions, specifying the occurred condition or conditions.

This tender guarantee will remain in force up to and including thirty (30) days after the period of tender

validity, and any demand in respect thereof should reach the Bank not later than the above date.

[signature of the bank]

32

6.4 CONTRACT FORM

THIS AGREEMENT made the day of 20 between

……………… [name of Procurement entity) of ……….. [country of Procurement entity] (hereinafter

called “the Procuring entity) of the one part and …………………….. [name of tenderer] of …………..

[city and country of tenderer] (hereinafter called “the tenderer”) of the other part;

WHEREAS the Procuring entity invited tenders for [certain goods] and has accepted a tender by the

tenderer for the supply of those goods in the sum of …………………………… [contract price in

words and figures] (hereinafter called “the Contract Price).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are respectively

assigned to them in the Conditions of Contract referred to:

2. The following documents shall be deemed to form and be read and construed as part of this

Agreement viz:

(a) the Tender Form and the Price Schedule submitted by the tenderer

(b) the Schedule of Requirements

(c) the Technical Specifications

(d) the General Conditions of Contract

(e) the Special Conditions of contract; and

(f) the Procuring entity’s Notification of Award

3. In consideration of the payments to be made by the Procuring entity to the tenderer as

hereinafter mentioned, the tenderer hereby covenants with the Procuring entity to provide the goods

and to remedy the defects therein in conformity in all respects with the provisions of this Contract

4. The Procuring entity hereby covenants to pay the tenderer in consideration of the provisions of

the goods and the remedying of defects therein, the Contract Price or such other sum as may become

payable under the provisions of the Contract at the times and in the manner prescribed by the contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance

with their respective laws the day and year first above written.

Signed, sealed, delivered by the (for the Procuring entity)

Signed, sealed, delivered by the (for the tenderer in the presence of

33

6.5 PERFORMANCE SECURITY FORM

To ………………………………………….

[name of Procuring entity]

WHEREAS …………………………………… [name of tenderer] (hereinafter called “the tenderer”)

has undertaken, in pursuance of Contract No. [reference number of the

contract] dated 20 to supply

……………………………………………… [description of goods] (hereinafter called “the

Contract”).

AND WHEREAS it has been stipulated by you in the said Contract that the tenderer shall furnish you

with a bank guarantee by a reputable bank for the sum specified therein as security for compliance with

the Tenderer’s performance obligations in accordance with the Contract.

AND WHEREAS we have agreed to give the tenderer a guarantee:

THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the

tenderer, up to a total of ………………………. [amount of the guarantee in words and figure] and we

undertake to pay you, upon your first written demand declaring the tenderer to be in default under the

Contract and without cavil or argument, any sum or sums within the limits of ……………………..

[amount of guarantee] as aforesaid, without you needing to prove or to show grounds or reasons for

your demand or the sum specified therein.

This guarantee is valid until the day of 20

Signed and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

34

6.6 BANK GUARANTEE FOR ADVANCE PAYMENT

To ………………………………

[name of Procuring entity]

[name of tender] …………………..

Gentlemen and/or Ladies:

In accordance with the payment provision included in the Special Conditions of Contract, which

amends the General Conditions of Contract to provide for advance payment,

…………………………………………………. [name and address of tenderer](hereinafter called

“the tenderer”) shall deposit with the Procuring entity a bank guarantee to guarantee its proper and

faithful performance under the said Clause of the Contract an amount of …… ………………….

[amount of guarantee in figures and words].

We, the ……………………………. [bank or financial institutions], as instructed by the tenderer,

agree unconditionally and irrevocably to guarantee as primary obligator and not as surety merely, the

payment to the Procuring entity on its first demand without whatsoever right of objection on our part

and without its first claim to the tenderer, in the amount not exceeding …………………… [amount of

guarantee in figures and words]

We further agree that no change or addition to or other modification of the terms of the Contract to be

performed there-under or of any of the Contract documents which may be made between the Procuring

entity and the tenderer, shall in any way release us from any liability under this guarantee, and we

hereby waive notice of any such change, addition, or modification.

This guarantee shall remain valid in full effect from the date of the advance payment received by the

tenderer under the Contract until ………… [date].

Yours truly,

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

35

6.7 BIDDER’S DECLARATION AND INTEGRITY PACT

7.7.1 Bidder’s Declaration

We/I the undersigned ............................................., in the capacity of …………………….

……………………… for ……………………………………………… [name of the

company/firm/individual] certify that the bidder is not in any of the following situations:

1 Bankruptcy; are the subject of proceedings for a declaration of bankruptcy, or of an order for

compulsory winding up or administration by court, or of any other similar proceedings;

2 Payments to us have been suspended in accordance with the judgment of a court other than a

judgment declaring bankruptcy and resulting, in accordance with our national laws, in the total or

partial loss of the right to administer and dispose off our property;

3 Legal proceedings have been instituted against us involving an order suspending payments and

which may result, in accordance with our national laws, in a declaration of bankruptcy or in any

other situation entailing the total or partial loss of the right to administer and dispose of our property;

4 Are being wound up, or our affairs are being administered by court, or have entered into an

arrangement with creditors, or have suspended business activities or are subject to an injunction

against running business by a court of law;

5 Have been convicted by a final judgment of any crime or offence concerning our/my professional

conduct;

6 Are guilty of serious misrepresentation with regard to information required for participation in an

invitation to tender or execution of a tender already awarded; and

7 Are in breach of contract on another contract with the Government of Kenya or other local or

international contracting authority or foreign government.

8 Have been convicted of an offence concerning our/my professional conduct by a court of law, or

found guilty of grave professional misconduct;

9 Have not fulfilled obligations relating to payments of taxes or statutory contributions.

If the bidder is in any of the above listed situations, kindly attach documents giving details of the

situation.

Names in full: […………………………………………………………………]

Duly authorized to sign this bid on behalf of (bidder’s name):

[………………………………………………………………………………………]

Place and date: […………………………………………………………….………….]

36

7.7.2 Integrity Pact

Bidder’s Oath to fulfill the Integrity Pact

Accepting that transparent business management and fair public administration are key to social

development and national competitiveness, and in an effort to purge corruption and apply sanctions to

corrupt businesses, and in full support of the worthy goals of this Integrity Pact, concerning the present

tender for _________________________________, all personnel of

________________________________ and its sub-contractors and agents hereby agree that:

1. We shall not conduct any unethical business practices, such as bid-rigging for the sake of a

particular bidder to win the bid, or price-fixing. If proven as a fact that we have engaged in bid-

rigging for the sake of a particular bidder to win the bid, we shall accept to be prohibited from

submitting bids placed by National Oil Corporation of Kenya (herein referred to as NATIONAL

OIL) for a period of two (2) years. If proven that we have discussed with other bidders in a bid to

fix a price, or rigged a bid for a particular bidder to win the bid, we shall accept the prohibition from

submitting bids placed by NATIONAL OIL for a period of two (2) years. If any unethical behaviour

is tantamount to a fraudulent practice, we accept that such a case may be handed over to the

authorities for investigation and possible prosecution.

2. In the process of bidding, or concluding or execution of a contract, we shall not offer any bribe,

gifts, entertainment or any other undue benefits directly or indirectly to related officials, and in case

it is proved that we have violated any terms of this Integrity Pact in relation with a bid, or concluding

or execution of a contract, or offered bribes for favours in a contract, to win a contract, or facilitate

payment which should not have been forthcoming, we shall accept the prohibition from submitting

a bid placed by NATIONAL OIL for a period of two (2) years. If proven as a fact that we have

offered bribes to NATIONAL OIL or related officials for favours regarding a bid or contract to a

bidder or a winning bidder, or for the purpose of faulty execution of the objectives of a contract, we

shall accept the prohibition from submitting bids placed by NATIONAL OIL for a period of two

(2) years. If proven that we have offered bribes to NATIONAL OIL or related officials in relation

to bidding, or concluding or execution of a contract, we shall accept the prohibition from submitting

bids placed by NATIONAL OIL for a period of two (2) years.

3. In case it is proven that we have offered bribes to a related official or a NATIONAL OIL official

regarding a bid, or concluding or execution of a contract, we shall accept the cancellation of the

contract, and shall not file any civil, administrative or criminal appeals.

4. We shall make our best effort to institute a Company Code of Conduct that prohibits bribery, bid

rigging/fixing or any other corrupt practices in business relations with officials and NATIONAL

OIL, and a company regulation that prohibits any retaliatory acts toward anyone reporting inside

corruption.

5. In addition, I confirm on behalf of the bidder that the details included in the bidders profile and

experience sheet and our quotation are correct to the best of my knowledge and belief. In addition,

we authorize, NATIONAL OIL to seek information from any source to confirm our compliance

with the requirements of this Integrity Pact.

6 The bidder authorizes NATIONAL OIL, to seek information from any source, including publication

of the name of the bidder to confirm that the bidder is compliant with the requirements of this

Integrity Pact.

We shall fulfill this Integrity Pact as a solemn oath made on the basis of mutual trust, and, if and

when we win a bid, we shall sign and fulfill the above as a “Special Condition of Contract,” and

not file any civil, administrative or criminal appeals regarding any of the above terms.

37

Dated: _____________________________________________________

Signed by: _____________________________________________________

(Chief Executive/Managing Director)

Full Name printed: _____________________________________________________

38

6.8 LETTER OF NOTIFICATION OF AWARD

Address of Procuring Entity

_____________________

_____________________

To:

RE: Tender No.

Tender Name

This is to notify that the contract/s stated below under the above mentioned tender have been awarded

to you.

1. Please acknowledge receipt of this letter of notification signifying your acceptance.

2. The contract/contracts shall be signed by the parties within 30 days of the date of this letter but

not earlier than 14 days from the date of the letter.

3. You may contact the officer(s) whose particulars appear below on the subject matter of this

letter of notification of award.

(FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER