KENYA PORTS AUTHORITY
SUPPLY, INSTALLATION & COMMISSIONING OF
CLASS ‘A’ FULL MISSION BRIDGE SIMULATOR AND INSTRUCTOR STATION WITH RESCUESIM SHIPBOARD MODULE
TENDER NO. KPA/073/2016-17/BC
TENDER DOCUMENT
NOVEMBER, 2016
TABLE OF CONTENTS
TABLE OF CONTENTS
Abbreviations and Acronyms
SECTION I: INVITATION FOR TENDERS
SECTION II: INSTRUCTION TO TENDERERS (ITT)
SECTION III: TENDER DATA SHEET
SECTION IV: GENERAL CONDITIONS OF CONTRACT
SECTION V - CONTRACT DATA SHEET (Specific Conditions of Contract)
SECTION VI: SCHEDULE OF REQUIREMENTS
SECTION VII: TECHNICAL SPECIFICATIONS
SECTION VIII: TENDER FORMS
A. Form of Tender
B. Price Schedules for Goods and Related Services
C. Tender-Securing Declaration
D. Confidential Business Questionnaire
E. Integrity Declaration
F. Letter of notification to Unsuccessful Bidders
G. Letter of Acceptance
H. Form of Contract
SECTION IX: FORMS OF SECURITY
A. Tender security (Bank Guarantee) (Mandatory)
B. Performance Bank/ Guarantee [Unconditional]
C. Bank Guarantee for Advance Payment (
D. Manufacturer’s Authorization Form
SECTION X: APPLICATION TO PUBLIC PROCUREMENT REVIEW BOARD
FORM RB 1
Abbreviations and Acronyms
CDS Contract Data Sheet
GCC General Conditions of Contract
PE Procuring Entity
PPAD 2015 Public Procurement and Assent Disposal Act, 2015
PPDR 2006 Public Procurement and Disposal Regulations, 2006
PPOA Public Procurement Oversight Authority
STD Standard Tender Documents
SOR Statement of Requirements
SP Service Provider
VAT Value Added Tax
Newspaper Advertisement
4
TENDER NO. KPA/073/2016-17/BC
SECTION I: INVITATION FOR TENDERS
4
TENDER NO. KPA/073/2016-17/BC
KENYA PORTS AUTHORITY
Tender No. KPA/073/2016-17/BC
Tender Description: SUPPLY, INSTALLATION & COMMISSIONING OF
CLASS ‘A’ FULL MISSION BRIDGE SIMULATOR AND INSTRUCTOR STATION WITH RESCUESIM SHIPBOARD MODULE
Invitation for Tenders
Date: November, 2016
1. The Kenya Ports Authority now invites sealed Tenders from eligible manufacturers or the authorized agents for the Supply, Installation & Commissioning of Class ‘A’ Full Mission Bridge Simulator and Instructor Station with Rescuesim Shipboard Module.
2. Tendering will be conducted through the National Competitive Bidding procedures specified in the Public Procurement and Asset Disposal Act, 2015 and the Public Procurement and Disposal Regulations, 2006 and Amendment Regulations (2013) Nos. 106 and 114 and are open to all Tenderers as defined in the Regulations.
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 document can be viewed and downloaded from the KPA website www.kpa.co.ke at no fee.
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 Million (Kshs. 1,000,000.00) or United States Dollars Ten Thousand (USD 10,000.00) 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/073/2016-17/BC
TENDER DESCRIPTION: SUPPLY, INSTALLATION & COMMISSIONING OF
CLASS ‘A’ FULL MISSION BRIDGE SIMULATOR AND INSTRUCTOR STATION WITH RESCUESIM SHIPBOARD MODULE
“DO NOT OPEN BEFORE 1000 HOURS EAST AFRICAN TIME ON TUESDAY 20TH DECEMBER, 2016”
Addressed:
THE HEAD OF PROCUREMENT & 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 1000 HOURS EAST AFRICAN TIME ON TUESDAY 20TH 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 1000 HOURS EAST AFRICAN TIME ON TUESDAY 20TH DECEMBER, 2016.
9. Prices quoted shall be in United States Dollars (US$), should be net inclusive of all taxes and delivery and shall remain valid for 90 days from the opening date of the tender.
10. Tenders will be opened promptly after 1030Hours in the presence of Tenderers’ representatives who choose to attend the opening ON TUESDAY 20TH DECEMBER, 2016 at the Procurement Conference Room located at the New Service Area (Kapenguria), in the former Supplies Accounts office.
11. Late or incomplete Tenders shall not be accepted.
12. 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 Fire fighting 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: INSTRUCTION TO TENDERERS (ITT)
TENDER NO. KPA/073/2016-17/BC 70
Table of Clauses
SECTION II: INSTRUCTION TO TENDERERS (ITT)
A. Introduction
1. Scope of Tender
2. Source of Funds
3. Eligible Tenderers
4. Eligible Goods and Related Services
5. One Tender per Tenderer
6. Alternative Tenders by Tenderers
7. Cost of Tendering
B. Tender documents
8. Content of Tender documents
9. Clarification of Tender documents
10. Amendment of Tender documents
C. Preparation of Tenders
11. Language of Tender
12. Documents Constituting the Tender
13. Documents Establishing Eligibility of Goods and Related Services and Conformity to Tender documents
14. Documents Establishing Eligibility and Qualification of the Tenderer
15. Form of Tender
16. Tender Prices
17. Tender Currencies
18. Tender Validity Period
19A.Tender Security
20. Format and Signing of Tender
D. Submission of Tenders
21. Sealing and Marking of Tenders
22. Deadline for Submission of Tenders
23. Late Tenders
24. Modification, Substitution and Withdrawal of Tenders
E. Opening and Evaluation of Tenders
25. Opening of Tenders
26. Confidentiality
27. Clarification of Tenders
28. Preliminary Examination of Tenders
29. Technical Evaluation
30. Financial Evaluation
31. National Preference
32. Post-qualification of Tenderer
F. Award of Contract
33. Criteria of Award
34. Procuring Entity’s Right to Accept any Tender and to Reject any or All Tenders
35. Procuring Entity’s Right to Vary Quantities at the Time of Award
36. Notification of Award
37. Post Tender Concurrence
38. Signing of Contract
39. Performance Security
40. Advance Payment
41. Adjudicator
42. Fraud and Corruption
G. Review of Procurement Decisions
43. Right to Review
44. Time Limit on Review
45. Submission of Applications for Review by the Public Procurement Administrative Review Board
46. Decision by the Public Procurement Administrative Review Board
47. Judicial Review
_Toc259627196
A. Introduction
1. Scope of Tender
/ 1.1 / The Procuring Entity indicated in the Tender Data Sheet (TDS) invites Tenders for the provision of Goods as specified in the Tender Data Sheet and Section VII, Technical Specification.1.2 / The successful Tenderer will be expected to complete the supply of the goods by the required completion date specified in the Tender Data Sheet.
2. Source of Funds
/ 2.1 / The Procuring Entity has set aside sufficient funds for the operations of the Procuring Entity named in the Tender Data Sheet during the Financial Year indicated in the Tender Data Sheet. It is intended that part of the proceeds of the funds will be applied to cover eligible payments under the contract for the supply of goods as described in the Tender Data Sheet.2.2 / Payments will be made directly by the Procuring Entity for each call-off order and will be subject in all respects to the terms and conditions of the resulting contract placed by the Procuring Entity.
3. Eligible Tenderers
/ 3.1 / A Tenderer may be a natural person, private entity, government-owned entity, subject to ITT sub-Clause 3.4 or any combination of them with a formal intent to enter into an agreement or under an existing agreement in the form of a joint venture, consortium or association. In the case of a joint venture, consortium or association, unless otherwise specified in the Tender Data Sheet, all parties shall be jointly and severally liable.3.2 / The invitation for Tenders is open to all suppliers as defined in the Public Procurement and Disposal Act, 2005 and the Public Procurement and Disposal Regulations, 2006 except as provided hereinafter.
3.3 / Local Tenderers shall satisfy all relevant licensing and/or registration requirements with the appropriate statutory bodies in Kenya. Foreign Tenderers who are selected as having submitted the lowest evaluated Tender shall register with the appropriate statutory body and shall be required to submit evidence of registration as an approved Service Provider in Kenya before signing the Contract.
3.4 / A Tenderer shall not have a conflict of interest. All Tenderers found to have a conflict of interest shall be disqualified. A Tenderer may be considered to have a conflict of interest with one or more parties in this Tendering process, if he/she seeks or has a direct or indirect pecuniary interest with another Tenderer or has a direct or indirect pecuniary interest with a person that would conflict with that person’s duties with respect to the procurement. Conflicts of interest would arise where Tenderers:
a) Are 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 to be purchased under this Invitation for Tenders; or
b) Have controlling shareholders in common; or
c) Receive or have received any direct or indirect subsidy from any of them; or
d) Have the same legal representative for purposes of this Tender; or
e) Have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the Tender of another Tenderer, or influence the decisions of the Procuring Entity regarding this Tendering process; or
f) Submit more than one Tender in this Tendering process, except as an alternative Tender as provided for under Clause 6. However, this does not limit the participation of subcontractors in more than one Tender, or as Tenderers and subcontractors simultaneously; or
g) Participated as a consultant in the preparation of the design or technical specifications of the goods and related services that are the subject of the Tender.
3.5 / Tenderers shall not be eligible to submit a Tender if they have been debarred under Section 115 of the Act.
3.6 / Tenderers shall provide such evidence of their continued eligibility satisfactory to the Procuring Entity, as the Procuring Entity shall reasonably request.