Republic of Kenya County Government of Kericho: Tender Name
Republic of Kenya County Government of Kericho: Tender Name
Republic of Kenya County Government of Kericho: Tender Name
Email: supplychain@kericho.go.ke
PREFACE...................................................................................................................................................................iii
(iii) Certification............................................................................................................................................7
v) SELF-DECLARATION FORM...............................................................................................9
PART 3: CONTRACT..............................................................................................................................14
CONTRACT AGREEMENT......................................................................................................................14
CONDITIONS OF CONTRACT................................................................................................................15
i
REQUEST FOR QUOTATIONS (RFQ)
To:
FROM: COUNTY GOVERNMENT OF KERICHO
PROPOSED SITE CLEARING, GRADING, GRAVELLING, COMPACTION AND CULVERTS
DESILTING AT LEBERER-KAMACHUNGWA ROAD CHEPSEON WARD
CGK/Q/095/2022/2023
1. The COUNTY GOVERNMENT OF KERICHO invites you to submit quotations for PROPOSED SITE
CLEARING, GRADING, GRAVELLING, COMPACTION AND CULVERTS DESILTING AT BAE-
KAPSIMATWET TBC-KIBARAA ROAD SERETUT WARD
2. indicated in detail in “Table A. Schedule of Requirements and Specifications”. The quotation shall follow
the instructions and documents in this RFQ document and shall be in English Language. Tenderers may
obtain further information during office hours 1000HRS at the address given below.
3. Quotations shall be submitted in accordance with the instruction in Part 1: Quotation Procedures and in a
sealed envelope clearly indicating name and address of tenderer, the quotation name and title and must reach
the Procuring Entity at the address indicated below not later than 14TH APRILL, 2023 at 1000HRS.
Quotations can be delivered by registered mail, courier or hand delivery at the tenderer's option. Late
quotations shall be rejected.
4. Enquiries regarding this quotation may be addressed to County Secretary [indicate title and complete
address of official in charge].
5. Any resulting contract shall be subject to the terms and conditions detailed in Part 3: Contract.
6. Please inform by email or express mail the undersigned within 5 days (Specify the number of days) of receipt
of this RFQ if you will not be submitting a quotation.
Yours sincerely,
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PART 1: INSTRUCTIONS TO TENDERERS
1. Tenderers are advised to read carefully these instructions and the Conditions of Contract in Part 3:
Contract, before preparing the quotation. The standard forms in this RFQ may be photocopied for completion
but the Tenderer is responsible for their accurate reproduction. The term Tenderer shall mean the firm or
person invited to submit a quotation. The term Quotation herein shall mean the quotation submitted as
usually understood in public procurement.
2. Validity of Quotations: The quotation will be held valid for 30 days from the date of submission.
3. The Quotation shall consist of completed Tables A, B and C and the Form of Quotation all indicated in
Part 2 of this Request for Quotations, and documents to evidence Eligibility and Conformity to Technical
Specifications.
4. Sealing and Marking of Quotations: Quotations in one “one original” should be sealed in a single
envelope, clearly marked with the Quotation Reference Number in the RFQ, the Tenderer's name and the
name of the Procuring Entity. Envelopes should be sealed in such a manner that opening and resealing cannot
be achieved undetected.
5. Submission of Quotations: Quotations, and any alternatives if allowed as per Item 11 below, should be
submitted to the address below, on or before the date and time indicated in sub-item 4 below. Late quotations
will be rejected.
3) Physical address for hand or Courier Delivery to an office or Quotation Box 1)SITUATED ON THE
GROUND FLOOR OF THE DEPARMENT OF WATER, ENEGRY, ENVIRONMENT AND
NATURAL RESOURCES OFFICE
6. Opening of Quotations: Quotations will be opened immediately after the closing date and time specified in
item 5 (4) above, by at least three appointed officials of the Procuring Entity.
7. Tenderer Eligibility: Tenderer must submit Documentary evidence to show His/her eligibility to be awarded
a contract to cover each of the following: (i) valid trading license (ii) certificate of registration, and (iii) valid
tax compliance certificate. (iv) AGPO Certificate (where applicable). The Tenderer shall also complete
attached forms to confirm eligibility and non-existence of a conflict of interest in relation to this procurement
requirement by signing the attached Forms.
8. Invitation not transferable: This invitation is not transferable to other firms or individuals not so invited.
9. Goods Eligibility: Tenderer must submit as evidence documents to show the country of origin of any goods
to be supplied or incorporated in the work or services
10. Technical Specifications: Documentary evidence to show that the goods meet the technical specifications.
11. Alternative Quotations: Tenderers are permitted/not permitted (select one) to submit alternative
quotations for goods/alternative technical solutions for specified parts of the Works or Services (select one).
Only the alternatives, if any, of the Tenderer with the winning quotation conforming to the basic technical
requirements shall be considered by the Procuring Entity.
12. Currency: Quotations shall be priced in Kenya Shillings. Quotations in other currencies will be rejected if
not allowed.
The Procuring Entity shall allow/not allow quotations in foreign currency (procuring Entity to select one).
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13. Evaluation of Quotations: The evaluation of quotations will be conducted using the procedure set out below:
i) Preliminary examination to determine Tenderer eligibility:
Tenderers
Response
No. Requirements (YES/NO)
ii) Financial comparison of quotations to determine the lowest evaluated quotation. In case foreign
currency is allowed, for comparison purposes only, foreign currency quotations will be converted to
Kenya shillings using the exchange rates published by the Central Bank of Kenya on the day of
submission of quotations.
14. Lowest Evaluated Quotation: The lowest evaluated quotation shall be recommended for award of contract.
15. Award of contract: Award of contract shall be by placement of a Letter of Acceptance or Local Purchase
Order in accordance with Part 3: Contract. The currency of award and payment shall be currency in which
the quotation was submitted. Unsuccessful tenderers who responded will be notified of the accepted
quotation, indicating the name and the amount of the accepted quotation
16. Right to Reject: The Procuring Entity reserves the right to accept or reject any quotation or to cancel the
quotation process and reject all quotations at any time prior to contract award.
QUOTATION AND QUALIFICATION DOCUMENTS
Date of Quotation
11/4/2023
Quotation Reference Number:
Subject of Quotation
1.
We have examined and have no reservations to the Request for Quotation document, and understand its full content
and intent.
2. In compliance with your request for quotations dated , referenced above, we offer to
(specify one of supply goods, complete the works or provide the services) to
cover and conform to our pricing listed in the attached in Table B. Quotation Submission TABLE at a total
price of Kenya Shillings (in words)
3. We confirm that we are eligible to participate in public procurement and meet the eligibility criteria specified
in Part 1: INSTRUCTIONS TO TENDERERS.
5. We undertake to adhere by the Code of Ethical Conduct for Suppliers, Contractors and Service Providers,
copy available from (specify website) during the procurement process and the execution of any
resulting contract.
6. We confirm that the prices quoted are fixed and firm for the duration of the validity period and performance
of the contract and will not be subject to revision or variation.
7. The validity period of our quotation is:30 days from the time and date of the submission deadline (number
to be same as in the instructions to Tenderers).
8. We confirm we are not submitting any other Quotation as an individual or firm, and we are not participating
in any other Quotation as a Joint Venture member or as a subcontractor.
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9. We, along with any of our subcontractors, suppliers, Engineer, manufacturers, or service providers for any
part of the contract, are not subject to, and not controlled by any entity or individual that is subject to a
temporary suspension or a debarment imposed by the Public Procurement Regulatory Authority or any other
entity of the Government of Kenya, or any international organization.
10. We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf engages in
any type of Fraud and Corruption.
11. We hereby certify and confirm that the Quotation is genuine, non-collusive and made with the intention of
accepting the contract if awarded. To this effect we have signed the “Certificate of Independent Quotation
Determination” attached below.
12. We, the Tenderer, have completed fully and signed the FORM FOR DISCLOSURE OF INTEREST-
interest of the firm in the Procuring Entity, attached below.
The Delivery/Completion period offered is: days from date of acceptance of Quotation.
The warranty period offered is weeks.
Signature:
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i) SCHEDULE OF REQUIREMENTS TABLE
(Procuring Entity will complete the list of items to be same as those on Part 2 Table A. Schedule of Requirements
and Technical Specifications and tenderer should complete columns D and E).
A B C D E
Item Description of Goods/works/services Quantity Unit Total
(Procuring Entity to select one) pric Price
e in
Ksh
1 PROPOSED SITE CLEARING, GRADING, GRAVELLING, COMPACTION AND
CULVERTS DESILTING AT BAE-KAPSIMATWET TBC-KIBARAA ROAD
SERETUT WARD
Signature:
And seal/Stamp
Name:
Position:
Date
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ii) FORM FOR DISCLOSURE OF INTEREST - Interest of the Firm in the Procuring Entity.
i) Are there any person/persons in …………… ……… (Name of Procuring Entity) who has/have an interest or
relationship in this firm? Yes/No………………………
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iii) Certification
On behalf of the Tenderer, I certify that the information given above is complete, current and accurate as at the date of
submission.
Full Name
Title or Designation
)
(Signature) (Date)
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iv) CERTIFICATE OF INDEPENDENT QUOTATION DETERMINATION
2. I understand that the Tenderer will be disqualified if this Certificate is found not to be true and complete in
every respect;
3. I am the authorized representative of the Tenderer with authority to sign this Certificate, and to submit the
quotation on behalf of the Tenderer;
4. For the purposes of this Certificate and the quotation, I understand that the word “competitor” shall include
any individual or organization, other than the Tenderer, whether or not affiliated with the Tenderer, who:
a) has been requested to submit a quotation in response to this request for quotations;
b) could potentially submit a quotation in response to this request for quotations based on their
qualifications, abilities or experience;
6. In particular, without limiting the generality of paragraphs (5)(a) or (5)(b) above, there has been no
consultation, communication, agreement or arrangement with any competitor regarding:
a) prices;
b) methods, factors or formulas used to calculate prices;
c) the intention or decision to submit, or not to submit, a quotation; or
d) the submission of a quotation which does not meet the specifications of the request for quotations;
except as specifically disclosed pursuant to paragraph (5) (b) above;
7. In addition, there has been no consultation, communication, agreement or arrangement with any competitor
regarding the quality, quantity, specifications or delivery particulars of the works or services to which this
request for tenders relates, except as specifically authorized by the procuring authority or as specifically
disclosed pursuant to paragraph (5)(b) above;
8. the terms of the quotation have not been, and will not be, knowingly disclosed by the Tenderer, directly or
indirectly, to any competitor, prior to the date and time of the official quotation opening, or of the awarding
of the Contract, whichever comes first, unless otherwise required by law or as specifically disclosed pursuant
to paragraph (5)(b) above.
Name
Title
Date
[Name, title and signature of authorized agent of Tenderer and Date]
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v) SELF-DECLARATION FORM
DECLARE AS FOLLOWS:
That, We the Tenderer including any entity or individual that directly or indirectly controls, is controlled by or is
under common control with us, and any subcontractors, suppliers, project managers, consultants, manufacturers,
service providers, agents, individuals, or any other party involved or to be involved for any part of the processes of
procurement and contract execution related to the above quotation:
a) have not engaged/will not engage in any corrupt or fraudulent practices in the processes of procurement and
contract execution related to the above quotation as defined and/or described in the following:
b) have not offered/will not offer any inducement to any member of the board, management, staff and/or
employees and/or agents of ……………………. (name of the procuring entity);
c) have not engaged/will not engage in any collusive or corrosive practice with other tenderers participating in
the subject quotation;
d) have not been sanctioned or debarred by any entity from participation in public procurement proceedings of
Kenya.
That, what is deponed to herein above is true to the best of our knowledge, information and belief.
Name of the Tenderer: .................... [Insert complete name of tenderer signing the quotation]
Name of the person duly authorized to sign the quotation on behalf of the Tenderer: .................... [Insert
complete name of person duly authorized to sign the quotation]
Title of the person signing the Quotation: .................... [Insert complete title of the person signing the quotation]
Signature of the person named above: .................... [Insert signature of person whose name and capacity are
shown above]
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vi) FOREIGN TENDERER 40% RULE
(not to be included in the RFQ for supply of goods, supply and installation of plant and equipment, insurance,
purchase of property, and other RFQ where this rule may not be practical).
Pursuant to the provisions in the Public Procurement and Disposal Act, 2015, a Foreign Tenderer must complete this
form to demonstrate that the quotation fullfils this condition
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(a) A preliminary description of the proposed works/services and work method and schedule, including drawings
and charts, as necessary, containing all required information by which the proposed works may be evaluated (e.g.
technical characteristics, operational capacities, maintenance, environmental effect, etc.) together with manuals or
instructions for use or any other relevant information and documentation, delivery/installation schedules, etc.;
(b) A detailed statement of how the tenderer will carry out the works/services that will form an integral part of the
Contract.
(c) DRAWINGS
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TABLE B. SCHEDULE OF REQUIREMENTS TABLE
(Procuring Entity will complete the list of items to be same as those on Table A. Schedule of Requirements and
Technical Specifications and tenderer should complete columns c-e)
TOTAL PRICE
Signature:
And seal/Stamp
Name:
Position:
Date _________________
13
PART 3: CONTRACT
CONTRACT AGREEMENT
Between ___________________________________________________________
[Insert complete name of Procuring Entity], and having its principal place of
Business at
________________________________________________________________
________________________________________________________________
[Insert address of Procuring Entity] and ____________________________________________________________
[Insert name of Supplier, or contractor or service provider], and having its principal place of business at
______________________________________________________________
[Insert address of Supplier, contractor or service provider].
(2) WHEREAS the Procuring Entity invited quotations for the Supply of Goods/works/services (select one)
described in Table B, i.e.
______________________________________________________________________________[insert brief
description of Goods, works and Services] and has accepted a Quotation by the Tenderer in the sum of
_______________________________________________________________[insert Contract Price in words and
figures] (hereinafter called “the Contract Price”).
3. The Procuring Entity hereby covenants to pay the Supplier/Contractor/service provider (select one) in
consideration of the provision of the Goods/works/services (select one) 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.
(4) In WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the
laws of Kenya.
CONDITIONS OF CONTRACT
1. Language
The Contract as well as all correspondence and documents relating to the Contract exchanged by the
Supplier/Contractor/Service Provider (select one) Provider and the Procuring Entity, shall be written in the English
Language.
2. Eligibility
The goods shall have the nationality of an eligible country. All Goods and Related Services to be supplied under the
Contract shall have their origin in Eligible Countries.
3. Notices
Any notice given by one party to the other pursuant to the Contract shall be in writing.
4. Governing Law
The Contract shall be governed by and interpreted in accordance with the Laws of Kenya, unless otherwise specified
hereunder.
5. Settlement of Disputes
The Procuring Entity and the Supplier/Contractor/Service (select one) shall make every effort to resolve amicably by
direct informal negotiation any disagreement or dispute arising between them under or in connection with the Contract.
If the parties have failed to resolve their dispute or difference by such mutual consultation, either the Procuring Entity
or the Supplier/Contractor/Service (select one) may give notice to the other party of its intention to commence
arbitration. The dispute shall be referred to adjudication or arbitration in accordance with the laws of Kenya.
The Supplier/Contractor/Service Provider (select one) shall supply all the Goods included in the Schedule of
Requirements.
7. Contract Price
Prices charged by the Supplier/Contractor/Service Provider (select one) under the Contract shall not vary from the
prices quoted by the Supplier/Contractor/Service Provider (select one) in its quotation.
8. Terms of Payment
The Contract Price shall be paid One hundred (100) percent of the Contract Price as follows (select one):
(i) For Goods, price of goods received upon submission of a claim/invoice supported by the
acceptance certificate issued by the Procuring Entity.
(ii) For Works, upon valuation by the Contractor of the portion of the works completed, such
valuation to be accepted by the Procuring Entity, payments up to final completion certificate.
(iii) For Services, upon valuation by the Service Provider of the services completed, such valuation
to be accepted by the Procuring Entity, payments up to final completion certificate
The Supplier/Contractor/Service Provider (select one) shall at its own expense and at no cost to the Procuring Entity
carry out all such tests and/or inspections of the Goods, works or Services to confirm their conformity to technical
specifications.
10. Warranty
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The Supplier warrants that all the Goods are new, unused, and of the most recent or current models, and that they
incorporate all recent improvements in design and materials, unless provided otherwise in the contract.