EOI – INTEGRATED CUSTOMS MANAGEMENT SYSTEM AND RELATED MODERNISATION SERVICES
CUSTOMS MANAGEMENT SYSTEM
EXPRESSION OF INTEREST DOCUMENT
EXPRESSION OF INTEREST EVALUATION CRITERIA
AMENDED FINAL DOCUMENT
10 JANUARY 2014
EXPRESSION OF INTEREST
CUSTOMS MANAGEMENT SYSTEM AND RElated MODERNISATION SERVICES
TENDER NUMBER:PO/20130221
JANUARY 2014
KENYA REVENUE AUTHORITYPage 1 of 16
EOI – INTEGRATED CUSTOMS MANAGEMENT SYSTEM AND RELATED MODERNISATION SERVICES
Table of Contents
1.Background
2.Purpose Of This EOI
3.Beneficiary of This EOI
4.OWNERSHIP OF This Document
5.Scope Of This EOI
5.1.SCOPE OF THE REQUIRED SOLUTION
5.2.REQUIRED FEATURES
5.3.BEST PRACTICES
5.4.PROJECT ORGANISATION, PLAN AND METHODOLOGY
5.5.IMPLEMENTATION APPROACH
5.6.PROJECT TIMEFRAME
6.Timetable For This EOI
7.Responding To This EOI
7.1.Further Information and Clarification
8.Terms And Conditions Of This EOI
8.1.Acceptance of Terms and Conditions
8.2.No Contract
8.3.Cancellation, Suspension or Change to the EOI
8.4.Official Communication
8.5.Clarification of Meaning
8.6.Proposals Complete and Accurate
8.7.Ownership of Documents
8.8.Conflict of Interest
8.9.Other Probity Matters
8.10.Acceptance of Responses
8.11.Investigations by KRA/TMEA
8.12.Notification to Respondents
8.13.Confidentiality
8.14.Respondents Right to Confidentiality
8.15.KRA/TMEA Right to Confidentiality
8.16.No Liability
8.17.Costs and Charges
8.18.Kenya Laws Apply
9.The EOI Process
9.1.Submission and Format of Response
9.2.Partial Response
10.Evaluating Responses To This EOI
10.1.Evaluation Process
10.2.Minimum Requirements
1.Background
Kenya Revenue Authority (KRA) was established by an Act of Parliament in 1995. It operates under the aegis of The National Treasury and is the central agency charged with the responsibility of collecting national revenue on behalf of the Government of Kenya. The Customs Services Department (CSD) of the Kenya Revenue Authority has a countrywide operational network. The primary function of the Department is to collect and account for import duty and VAT on imports. Other taxes collected by the Department on an agency basis include:
- Petroleum Development Levy
- Sugar Levy
- Road Maintenance Levy
- Import Declaration Fee (IDF)
- Road Transit Toll
- Directorate of Civil Aviation Fees
- Air Passenger Service Charge
- KAA Concession Fees
- Fees on Motor Vehicle permits
- Other government fees and levies
Apart from its fiscal responsibilities, the Customs Services Department is responsible for facilitation of legitimate trade; and protection of society from illegal entry and exit of prohibited goods.
KRA wishes to replace its existing Customs system, the SIMBA System, with a comprehensive integrated Customs Management System (iCMS) that will enhance automation of customs and revenue collection procedures whilst facilitating international trade across Kenyan borders. The project will be jointly funded by the Government of Kenya and TradeMark East Africa (TMEA).
2.Purpose Of This EOI
The Customs Services Department wishes to establish a stable, proven, and efficient computerized environment that will leverage ICT in streamlining Customs procedures. The key objectives are to ensure collection of customs duties and taxes as per legal obligations whilst also reducing customs clearance time and enhancing trading of goods across Kenyan borders. This is to be achieved by implementing a new customs system that facilitates the automation of customs procedures.
This document is an invitation for Expression of Interest (EOI) for the provision of a component based IT solution and related modernisation services for the implementation of a new integrated Customs Management System (iCMS) that covers the needs of a modern Customs Service. It is expected that the iCMS will incorporate a broad range of features to support Customs operations and management requirements.
The purpose of this EOI is to identify a short list respondents who, having met the minimum mandatory requirements set out in this EOI and having been evaluated as best fit to the objectives of the KRA, will be invited to participate in a closed RFP for the delivery of the said solutions and services. The RFP is planned to be issued shortly after this EOI evaluation is concluded.
This EOI has been released for international open response.
3.Beneficiary of This EOI
For purposes of this EOI, TradeMark East Africa (TMEA) in liaison with KRA will be accountable for managing all responses and enquiries related to this EOI.
4.OWNERSHIP OF This Document
This document is the property of KRA/TMEA and is provided solely for the purpose of enabling the recipient to submit a response to this EOI.
5.Scope Of This EOI
5.1.SCOPE OF THE REQUIRED SOLUTION
The iCMS will interface with other KRA systems and the Kenya National Electronic Single Window System (KNESWS) and other systems as may be defined (see appendix A).
It is expected that interactions with external stakeholders (shipping agents, customs clearing agents, cargo handlers, other government agencies) will be effected through the KNESWS. Stakeholders will interact to the iCMS via KNESWS either via web based interface or a client front end. However, the system should have capability or option of the stakeholders interacting directly.
This EOI therefore covers the provision of a component based IT solution and related modernisation services for the implementation of a completely new Customs Management System , whose implementation must include integration with (the Kenya National Electronic Single Window System (KNESWS), the Integrated Tax Management System (iTax), the KRA Payment Gateway System, the Electronic Cargo Tracking System (ECTS), and the National Public Key Infrastructure (PKI) platform), Regional Customs Systems, Road Transport System etc. and that covers the following high level functional requirements:
a)Users of KRA and other Government agencies (OGAs) involved in Customs activities (through the KNESWS) as well as have acapability or option of the stakeholders interacting directly with the system.
b)Automated manifest (sea, air) managementfor both cargo & passengers as per UN XML and IATA standards.
c)Management of Customs regimes: Imports, Exports Transit, Transhipment and Warehousing
d)Automated user friendly declaration processing integrated with valuation and risk management, with quick links to supporting documentations
e)Direct assessment module for accompanied, courier and Post Parcels processing.
f)Bar code/ QR reader capability on the customs documentation
g)Optical Character Recognition module that automatically reads and records container ISO code numbers,truck number plates, the rear plate number IMO label marking as a truck is in motion and verifies against a declaration (Smart Gate Module)
h)Customs licensing module: Agents, Sheds, Warehouses, Manufacture Under Bond, AEO accreditation.
i)Reference to a common master taxpayer database under the integrated tax management system (iTax)
j)Cargo clearance and other treatments of cargo
k)Tracking of cargo movement within and through customs territories, including transit (and Transit go-down) management, and exit certification
l)Collaborative border management with other Government agencies to harmonise control on agency permits and inspections
m)Security Bond and Guarantee management
n)Automated intelligence, Case Management,Risk and Compliance management (Robust risk management)
o)Tariff management & Tariff rulings
p)Customs valuation management
q)Cargo verification module with ability to upload X-ray Cargo scanner images and photos
r)Duty Free Shops Management
s)Management of Petroleum Products facilities (crude/refined and vegetable oils)
t)Tea Blending Management(international and Local Tea)
u)Debt Management
v)Laboratory analysis module
w)Refunds Management
x)Exemptions Management
y)Temporary importation of Motor Vehicles (including Carnet)
z)Management of Container Freight Stations
aa)Management of Economic Processing Zones(EPZ) / Special Economic / Freeport zones / Tax Remission Management
bb)Management of Manufacture Under Bond facilities
cc)Economic operator management (AEO management)
dd)System security management
ee)Accounting and electronic revenue collection (through the KRA Payment Gateway)
ff)Electronic Certificates of origin management
gg)Management of Advance Passenger Information
hh)Post clearance audit, supervisory, and management functions
ii)Management of Bonded warehouses
jj)Customs Warehouse and online auctions
kk)Management of exports and certificate of exports
ll)Reports capability: Dashboards etc.
mm)Customs ledger management
nn)Enforcement management
5.2.REQUIRED FEATURES
Proposed IT solution components should meet the following characteristics:
a)Any proposed IT solution should meet a significant number of functional requirements listed above.
b)Proposed IT solution should implement business functionality in functional requirements listed above, which can be extended, customized, and/or configured to meet national requirements of Kenya.
c)Proposed IT solution should be compliant with the WCO Data Model.
d)Underlying technology of the proposed IT solution should not be binding to a specific commercial and/or open source stack but should instead support implementations on various technological platforms.
e)Proposed IT solution and the underlying technology must support the convergence of technologies strategy in KRA’s corporate strategic plan (
f)Intelligence and Compliance component should be universal and applicable to not only Customs Services, but also other KRA systems, such as the Integrated Tax Management System (iTax), and other related systems.
g)Interface with other KRA systems as well as other stakeholders systems (see appendix A).
h)Archiving function (for archiving of historical data).
i)Support for SMS and email functionalities.
j)Support for a 2 factor authentication capability.
k)Source code of delivered final integrated Customs Management System should secured under an Escrow arrangements provided.
l)Availability/ recovery after failure.
5.3.BEST PRACTICES
Use of best practices, international standards and project management and quality assurance standards with proven certifications in various applicable fields will be considered an added advantage.
5.4.PROJECT ORGANISATION, PLAN AND METHODOLOGY
Respondents must provide estimation of time and efforts required for the execution of the project using their proposed IT solution, implementation services, other services, and methodology in the form of:
a)Project team organization specifying different roles and their responsibilities, but not actual quantities (CVs need to be provided of actual resources specified at this stage).
b)Project plan specifying high level activities, their duration, responsibilities, efforts required per activity, sequence of activities and inter-dependencies, and major milestones.
5.5.IMPLEMENTATION APPROACH
iCMS will provide KRA with a stable and proven software solution that implements a comprehensive integrated system that allows stakeholders to interact via the new national Kenya Electronic Single Window System (KESWS).
The project must be implemented using a phased approach with fully functional system as per defined system specifications of the respective phases at the end of each project phase. Respondents should propose the split into various phases and the scope of each phase. The project will be implemented as per the agreed implementation workplan.
5.6.PROJECT TIMEFRAME
Given the extent of changes that will be brought about, it is expected that the iCMS should be fully implemented over an 18-month period in phases.
6.Timetable For This EOI
The proposed timetable for completing the EOI is as follows:
Milestone / Target Dates (Kenya Time)Release EOI: / 6/01/2014
ClarificationsAnswered: / Within five business days of receipt of sought clarifications. If this is not achievable, the vendor will be advised accordingly.
Last Clarifications: / 21 January 2014
EOIClosure / 31 January 2014
EOIEvaluation Completion: / 31/1/2014
Respondents Advised of EOIOutcomes: / 3/2/2014
TMEA may at its discretion alter this timetable and milestones. Kindly note only successful respondents will be contacted
7.Responding To This EOI
7.1.Further Information and Clarification
All enquiries about this EOI should be submitted in written form, via email to the email address below:
Particulars / Contact DetailsName: / Procurement
Email: /
Subject: / Integrated Customs Management System Modernisation – Clarifications [Quote PO/201300221]
Enquiries must only be for the purposes of clarifying the content of this EOI. All enquiries must clearly specify the section being queried.
TMEA will endeavour to reply within five business days of receipt of the sought clarification(s) to any reasonable request for explanation. It will be at TMEA’s discretion to provide additional information.
All sought clarifications from respondents and TMEA responses will be made public to all respondents.
TMEA shall not answer any query relating to this tender ten (10) days or less prior to the submission deadline.
8.Terms And Conditions Of This EOI
8.1.Acceptance of Terms and Conditions
In submitting a response to this EOI, the respondent is deemed to have accepted the terms and conditions of this and all other sections of this EOI.
8.2.No Contract
This EOI process does not create a binding legal contract or relationship either explicit or implied, between KRA/TMEA and any respondent or any other party to this EOI.
The issue of and response to this EOI does not create any obligation on KRA/TMEA to enter into any commitment to purchase any goods or services specified in this EOI.
8.3.Cancellation, Suspension or Change to the EOI
KRA/TMEA reserves the right in its sole and unfettered discretion to:
a)Cancel or suspend this EOI or vary any of the terms, dates, timings or processes in this EOI;
b)Call and/or readvertise for responses or revisit any evaluation criteria or process pertaining to this EOI;and
c)Seekclarification about any response.
8.4.Official Communication
Respondents must provide full contact details of the person nominated to represent the respondent for the purpose of making and receiving communications about this EOI.
All queries about the content of this EOI must be made in accordance with section 7.1.
Any respondent who directly or indirectly canvasses any employee or advisor of KRA/TMEA concerning any aspect of this EOI may at KRA/TMEA’s discretion be disqualified from having their company and product details considered for the closed RFP.
8.5.Clarification of Meaning
Respondents will document their interpretations, assumptions, and perceived risks they have used in response to this EOI where they deem necessary.
8.6.Proposals Complete and Accurate
All information provided by a respondent in its response is warranted by the respondent to be complete and accurate in all material respects. The respondent also warrants to KRA/TMEA that the provision of information to KRA/TMEA, and the use of it by KRA/TMEA for the evaluation of responses will not breach any third party intellectual property rights.
8.7.Ownership of Documents
This EOI is the property of KRA/TMEA and may not be copied or reproduced in any way, other than for the purpose of preparing and submitting responses without the prior written approval of KRA/TMEA. The responses submitted to TMEA shall be retained by TMEA.
8.8.Conflict of Interest
Respondents will ensure that, throughout the evaluation process, KRA/TMEA is kept informed of any perceived, potential or real conflicts of interest that should reasonably be brought to the attention of KRA/TMEA, where such conflicts arise from the interests or duties of the respondent or its employees, officers, shareholders or directors.
8.9.Other Probity Matters
Respondents must not engage in collusive, deceptive or improper conduct in the preparation of their responses, or during any discussions with KRA/TMEA. KRA/TMEA may require statutory declarations, and other evidence as it deems fit, throughout the evaluation process in pursuing its goal to ensure the probity of the process.
KRA/TMEA may, in their discretion, disqualify any respondent that refuses or fails to provide such declarations or evidence, or where KRA/TMEA has reason to believe that the respondent has engaged in any collusive, deceptive or improper conduct.
8.10.Acceptance of Responses
KRA/TMEA, at their discretion, might not accept a response which does not comply with or fails to provide the information specified in this EOI.
8.11.Investigations by KRA/TMEA
Respondents are responsible for providing evidence that they meet the minimum mandatory requirements for continued participation in the procurement process contemplated by this EOI. However, the response to this EOI will be treated as approval for KRA/TMEA to make whatever searches and investigations either one or both of them may deem necessary in order to confirm respondents’ capabilities.
8.12.Notification to Respondents
TMEA will notify all respondents of the outcomes of this EOI on the date specified or as soon as is practical.
8.13.Confidentiality
The information provided in this EOI and any other information, material or communication released during this EOI process is for the sole purpose of enabling a respondent to prepare and submit a response.
Respondents must not make any public statements or release any material in relation to, or decisions made by KRA/TMEA, at any time, in respect of this EOI without the prior written consent of KRA/TMEA.
8.14.Respondents Right to Confidentiality
Respondents are advised to mark confidential parts of their proposals “Commercial: In Confidence” if they wish to protect specific information.
KRA/TMEA cannot, however, guarantee that information marked as such can be protected if KRA receives a request for information under any legal requirement to disclose the content of a response.
8.15.KRA/TMEA Right to Confidentiality
Nothing contained or implied in this EOI will oblige KRA/TMEA to discuss, justify or give reasons for any of its decisions or actions relating to or arising from this EOI or any response.
8.16.No Liability
KRA/TMEA will not be liable (in contract or tort, including negligence) for any direct or indirect damage, loss or cost (including legal and lawyer/client costs) to any respondent or other person in respect of this process.
KRA/TMEA has used best efforts in compiling this EOI. KRA/TMEA will not be liable to respondents for any inaccuracy or omission in this EOI or any additional information KRA may provide.
8.17.Costs and Charges
This EOI is issued on the understanding that no charge will be made by the respondent for preparation of any EOI response or any other information that may be supplied.
8.18.Kenya Laws Apply
This EOI and any subsequent decisions, actions, contracts or outcomes are subject to and governed by the laws of Kenya and Kenya courts shall have exclusive jurisdiction.