PRESENTATION ON TENDERING REQUIREMENTS

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PRESENTATION ON TENDERING REQUIREMENTS
Presented by Kenya National Highways Authority
(KeNHA) Team
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Overview of the Presentation

• Objectives of the sensitization
• Arrangement of clauses in the standard tender
  document
• Key points to note in tendering
• Evaluation process (Open Tenders)
• Evaluation Process (Restricted Tenders)
• Clarification on parameters for open and
  restricted tenders
• Responsibility for Compliance with the
  Procurement law (Emphasis).

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Objectives of the sensitization

• to build capacity of contractors so as to
  maximize economy and efficiency
• to promote competition amongst the contractors
• to facilitate the promotion of local contractors
  for economic development
• to promote the integrity and fairness of the
  Authoritys procurement procedures
• to increase transparency and accountability in
  the Authoritys procurement process
• to increase public confidence in Authoritys
  procurement process

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Arrangement of clauses in the standard tender
document

• Section I Invitation to tender (tender notice)
• Section II Instructions to tenderers
• All amendments to the Instructions to Tenderers
  are introduced in the Appendix to Instructions to
  Tenderers. Kindly, note that the contents of
  Appendix to Instructions to Tenderers prevails
  over those of Instructions to Tenderers.
• Section III General conditions of contract
• All amendments to the General Conditions of
  Contract are introduced in the Special Conditions
  of Contract. Kindly, note that the contents of
  Special Conditions of Contract prevails over
  those of General Conditions of Contract.
• Section IV Special conditions of contract

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Arrangement of clauses in the standard tender
document contd

• Section V Technical Specifications/Scope of
  Works /Terms of Reference
  
• Section VI Drawings
• Section VII- Bills of Quantities (BOQs)
• Section VIII Standard Forms

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Key points to note in tendering

• The invitation to tender is the tender notice
  placed in the Newspapers and KeNHA website. The
  contents of the tender notice and the conditions
  should be read and understood properly before
  submission of bids.
• Instructions to tenderers conditions are
  supposed to guide the contractors to fill the
  tender document properly. You are requested to
  read and understand the same.
• Contractors should note the date and venue of
  pre-tender site visits.
• Contractors should note the date and time of
  closing/opening of the tenders.

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Key points to note in tendering contd

• The tender validity period may be 60 days, 90
  days or 120 days from the closing date of the
  tender e.t.c as may be indicated in the Appendix
  to Instructions to tenderers.
• The tender security validity period is 30 days
  beyond the tender validity period. For example if
  the tender validity period is 120 days then the
  tender security validity period is 150 days i.e
  (12030) days.
• The evaluation criteria i.e preliminary,
  technical and financial are indicated in the
  tender document.
• The standard forms are supposed to be duly filled.

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Key points to note in tendering contd

• Ensure you provide the correct telephone
  number/mobile, e-mail address, postal address
  and code when purchasing/submitting tender
  documents for ease of communication e.g when
  issuing addenda, letters and any communication
  from KeNHA.
• The Bills of Quantities (BOQs) should be duly
  filled and the Grand Total Summary transferred to
  the Form of Tender.
• Arrange your Appendices/Annextures to the tender
  document in a sequencial manner using separators
  for ease of reference.

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Preliminary Evaluation Criteria, Open Tenders 6
Million and Above

• Mandatory Requirements
• Certified copy of Registration with the Ministry
  of Roads in Class A, B, C, D, E and G
• Certified copy of certificate of incorporation
• Certified copy of Value Added Tax (V.A.T)
• Certified copy of Personal Identification Number
  (P.I.N)
• Certified copy of valid tax compliance
  certificate
• Certified copy of business permit
• Certificate of pre-tender site visit
• Attach original bid/tender security/bond
• Equipment Holding as per classification with
  Ministry of Roads

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Mandatory Requirements Contd

• Copy of KeNHA official purchase receipt
• Duly filled form of tender
• Duly filled Appendix to form of tender
• All the forms/documents are duly signed where
  required
• Any alterations are duly signed
• Tender is unconditional No counter offer
• N.B Certification should be done by Commissioner
  for Oaths or Notaries Public

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Technical Evaluation Criteria, Open Tenders 6
Million and Above

• Similar previous experience
• History of non-performing contracts
• Key Personnel
• Financial situation
• Work methodology
• Current work load
• Litigation history (provide current sworn
  affidavit)- Refer to Section 31 (1) (c ) of PPDA.

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Financial Evaluation Criteria, Open Tenders 6
Million and Above

• Crosscheck the arithmetic errors.
• Seek clarification on error acceptance where
  necessary.
• The successful tender shall be the tender with
  the lowest evaluated price (Section 66 (4) of
  PPDA).
• Please note that it is NOT necessarily the bidder
  whose tender sum/bid sum was the lowest
  pricewise during tender opening that is awarded
  the tender.

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Preliminary Evaluation Criteria, Restricted
Tenders Below 6 Million

• Mandatory Requirements
• Valid Tax Compliance Certificate
• Duly filled form of tender
• Duly filled Appendix to Form of Tender
• All documents/Forms to be signed are duly signed
• Duly signed certificate of pre-tender site visit
• Equipment holding as per Appendix 1
• Copy of official KeNHA tender purchase receipt
• Class of Registration with the Ministry of Roads
  as indicated in the tender document
• Valid single business permit/licence

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Technical Evaluation Criteria, Restricted Tenders
Below 6 Million

• Professional and Key Personnel (Attach CVs and
  Testimonials)
• Financial position (supported by audited
  accounts
• Litigation history (provide current sworn
  affidavit)
• Submission of work methodology Brief
• On-going contracts The total value of
  outstanding works on the on-going contracts must
  not exceed the threshold indicated in the class
  of Registration by the Ministry of Roads

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Financial Evaluation Criteria, Restricted Tenders
Below 6 Million

• Crosscheck the arithmetic errors.
• Seek clarification on error acceptance where
  necessary.
• The successful tender shall be the tender with
  the lowest evaluated price (Section 66 (4) of
  PPDA).
• Please note that it is NOT necessarily the bidder
  whose tender sum/bid sum was the lowest
  pricewise during tender opening that is awarded
  the tender.

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Clarification on Parameters for Evaluation of
Open and Restricted Tenders

• The parameters for open tenders are relatively
  more than those of restricted tenders. This is
  because KeNHA has the supporting documentation
  such as VAT/PIN/Certificate of Incorporation
  e.t.c of pre-qualified contractors arising from
  the Pre-qualification exercise.

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Responsibility for Compliance with the
Procurement law (Emphasis)

• Please note that Section 27 (4) of the Public
  Procurement and Disposal Act, 2005 stipulates
  that Contractors, Suppliers and Consultants
  shall comply with all the provisions of this Act
  and the Regulations

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• THANK YOU!