REPUBLIC OF KENYA

OFFICE OF THE ATTORNEY GENERAL

AND
DEPARTMENT OF JUSTICE
INTERNAL MEMO
TO : SOLICITOR GENERAL
FROM : HEAD, SUPPLY CHAIN MANAGEMENT SERVICES
DATE : 19TH FEBRUARY, 2024
SUBJECT : PROVISION OF CLEANING SERVICES, GARBAGE
COLLECTION AND GARDENING SERVICES
INVITATION TO TENDER (ITT) NO:
AG/SCMT/4.1/01/2023-2024.

PART A: BASIC
INFORMATION
1. Name of Procuring Entity Office of the Attorney General and Department
of Justice
2. Item Description Provision Of Cleaning Services, Garbage
Collection And Gardening Services
3. Tender No. AG/SCMT/4.1/01/2023-2024.
4. Date Tender Invited 12th March, 2024
5. Date Tender Opened 22nd March, 2024
6. Members of Tender 1. Ms. Mercy Cherotich, Senior State Counsel
Opening Committee and Chairperson
Bidders Present (Annex list, 2. Mr. Dan Macheso, Senior State Counsel
if many) Member
3. Mr. Boniface Kiptoo, LCA
Member
4. Mr. Abraham Mutuku, SSCMA
Secretary
5. Ms. Gladys Kurgat, SCMO
Secretariat

7. No. of Tenders invited Open

8. No. of Tenders received 22 NO.
9. Method of procurement Open tender method pursuant to section 102(1)
Applied /used (specify (a)&(b) of the Public Procurement and Asset
provision of Law) Disposal Act, (PPADA, 2015)

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10. Names Of Appointed 1. Mr. Arif Muhashamy,AS
Evaluation Committee Chairperson
Members (Specify names, 2. Ms. Sarah Ranji, PSC Member
designation, section/org, 3. Ms. Diana Njeri, Senior Accountant
memo/letter reference Member
number and date ) – annex 4. Mr. Mark Inonda, Librarian(HR) Member
appointment letter 5. Mr. Mutai Kipkirui SCMO II Secretary
6. Mr. Anthony Kinyua, SCMA Secretariat
7. Ms. Irene Muthiani, SCMO
Secretariat

PART B – LEGAL &

PRACTICAL ASPECTS OF
THE TENDER
1. A brief background
statement of the 1. BACKGROUND INFORMATION.
procurement/asset disposal
proceeding from The Office of the Attorney General and
planning to tender Department of Justice (OAG&DOJ) sought the
evaluation services of the Ministry of Lands, Public Works,
Housing and Urban Development-State
Department for Public Works to assist in
procuring a contractor for the proposed
conversion of three offices on 2nd floor Sheria
house for use of online courts.

The Office vide a letter Ref No. AG/5033/11/VOL

V (195) dated 2nd October 2023 requested
technical officers from the State Department for
Public Works to undertake technical inspection
and assessment of the works. The State
Department for Public Works vide their letter Ref
No. RQS/D120/GEN/VOL.11/18 & 48 dated 1 st
November and 16th October 2023 estimated the
cost for works at Kenya Shillings Eleven million,
Three hundred Thousand (11,300,000.00) only.

Administration department requisitioned for the

works vide a memo, expenditure/commitment
control form and procurement requisition dated
21st March, 2023.

The List of the registered contractors as

provided by the State Department for Public
Works is as indicated in the table below:

S/ Firm Name Address

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 No
1 M/s Hach Agencies P.O Box 40992-
Ltd NCA 6 00100 Nairobi
2 M/s Finetops P.O Box 45559-
Enterprises Ltd NCA 2 00100 Nairobi
3 M/s Libani General P.O Box 68150-
Suppliers Ltd NCA 5 00300 Nairobi
4 M/s Bentha P.O Box 53681-
Enterprises Ltd NCA 6 00200 Nairobi
5 M/s Docie General P.O Box 43438-
Supplier NCA 5 00100 Nairobi
6 M/s Cacotech Ltd NCA P.O Box 24954-
7 00100 Nairobi
7 M/s Mteja Agencies P.O Box 60694 -
Ltd NCA 5 00200 Nairobi
8 M/s Figmax Services P.O Box 21019 -
Ltd NCA 6 00100 Nairobi
9 M/s Plumdrain P.O Box 68735 -
Services Ltd NCA 4 00100 Nairobi
10 M/s Earthline P.O Box 35144 -
Ventures NCA 2 00200 Nairobi

Accounting Officer’s authority was sought to use

restricted tendering method Pursuant to section
102(1)(a) &(b) of the Public Procurement and
Asset Disposal Act, (PPADA, 2015): vide memo
dated 12th January, 2024 and the approval was
obtained on 16th January, 2024

1.2 Tender Invitation.

The bids were invited on 12 th March, 2024 via

advertisement in MyGov and publishing on the
PPIP Portal www.tenders.go.ke

1.3 Tender Closing and Opening

The tender was closed on22nd March, 2024 at

10.00am and immediately thereafter opened in
the presence of the bidder representatives
present by the opening committee members as

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 appointed by the Accounting Officer vide letter
Ref. No. AG/SCMT/R/4.5/5/2023-2024 dated 1st
February, 2024 at Sheria House 2nd Floor room
211 at 11:45am.

1.4 Names of the bidders who submitted

their Bids

Eight (8 No.) bidders submitted their bids and

were assigned bidder numbers as read out
during tender opening as indicated below;

Table 1.4.1 Submitted Bids

B/ NO FIRM NAME CONTACT

1. Finetops Enterprises Ltd P.O Box 45559-00100 Nairobi

finetopsent@gmail.com

2. Cacotech Ltd P.O Box 24954-00100 Nairobi

makau397@gmail.com

3. Plumdrain Services Ltd P.O Box 1317 -00515 Nairobi

faithmukiri@gmail.com

4. Hach Agencies Ltd P.O Box 40992-00100 Nairobi

hachagencies564@gmail.com

5. Figmax Services Ltd P.O Box 21019 -00100 Nairobi

figmaxservicesltd@gmail.com

6. Libani General Suppliers P.O Box 68150-00300 Nairobi

Ltd
libanigeneral2015@gmail.com

7. Bentha Enterprises Ltd P.O Box 53681-00200 Nairobi

benthaenter@yahoo.com

8. Docie General Supplier P.O Box 43438-00100 Nairobi

jutherdorothy@gmail.com

2. TENDER EVALUATION

2.1 Tender Evaluation Committee

Tender evaluation committee was appointed by

the Accounting Officer vide internal memo Ref.
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 AG/SCMT/R/4.5/5/2023-2024 dated 13th February
2024

Tender evaluation exercise was held at Sheria

House 7th Floor Boardroom. The evaluation
committee evaluated the tenders using the
procedures and criteria as set out in the bid
document pursuant to Section 80(2) of the
PPADA, 2015.

The tender evaluation was carried out as

indicated below: -
2.2 Preliminary Evaluation

The bids were subjected to preliminary

evaluation where the bids were checked to
ascertain compliance with the mandatory
requirements as set out in the tender document.

Mandatory Requirements

MANDATORY REQUIREMENTS (MR) YES OR

NO

Valid Copy of certificate of incorporation/ Registration.

(Certified by an advocate)

Valid Current Tax Compliance Certificate issued by

Kenya Revenue Authority

Valid registration certificate with the National

Construction Authority (NCA) category 7 and Above
under building works category with current annual
contractors practicing license

Dully filled and signed Confidential business

questionnaire

Valid Copy of Current Single Business permit (Certified

by an advocate)

Submission of valid CR12 form showing the list of

directors /shareholding (issued within the last 6
months) or National Identity Card(s) for Sole
Proprietorship/ Partnership

Submission of original tender document (including

supportive document) properly TAPE BOUND and
paginated in the correct sequence and all pages must
be initialed/signed/stamped. NB: Spiral Binding and
use of Spring or Box Files will

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 not be allowed and will result in automatic
disqualification.

Letter of authority to seek references from the

Tenderer’s bankers.

Provide proof of Power of attorney.

Submit certified copies of Audited accounts (Signed by

Auditors and directors) for the last three (3) years
(2020,2021 and 2022) (Certified by an advocate)

Duly Completed, Signed and stamped Form of tender

Duly Completed, Signed and stamped confidential

business questionnaire

Duly Completed, Signed and stamped Certificate of

independent tender determination

Duly Completed, Signed and stamped Self-Declaration

Form (SD 1)

Duly Completed, Signed and stamped Self-declaration

indicating that the person/tenderer will not engage in
any corrupt or fraudulent practice Form (SD 2)

Duly Completed, Signed and stamped Declaration and

commitment to the code of ethics form

Dully Completed, signed and stamped Tender

Information form

Submission of power of attorney document duly signed

and witnessed

Disclosure of interest of the firm in the Procuring

Entity.

Pursuant to section 79 of the Public Procurement

Assets and Disposal Act, 2015 any tender not meeting
the mandatory and other eligibility criteria will not
proceed to the Technical Evaluation Stage

Observations
Five (5 No.) bidders were non-responsive to the
preliminary evaluation criteria and therefore
disqualified from further evaluation as indicated
below:

Table 2.2.2 Non-Responsive Firms to the

Preliminary Evaluation Criteria

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 B/ Firm Reasons for Non-
No Name Responsiveness
2 Cacotec • The mandatory
h Ltd requirement of either
pagination/initialing/signi
ngor stamping pages was
not adhered to.
• There was no submission
of audited accounts.

3 Plumdrai
• Certificate of
n Incorporation not
Services certified by an
Ltd advocate.
• Tax Compliance
Certificate
expired on
28/9/2023.
• NCA Practicing
License expired
on 30/06/2023.
• Current Single
Business Permit
not certified by
an advocate.
• Letter of
Authority to seek
references from
Tenderer’s
Bankers not
submitted.
• Power of Attorney
not stamped or
signed.
• Audited accounts
not signed.

5 Figmax • Certificate of
Services Incorporation not
Ltd certified by an Advocate.
• Single Business Permit
not certified by an
Advocate.
• Letter of Authority to
seek references from
Tenderer’s Bankers not
submitted.
• Audited Accounts not
submitted.

6 Libani
• Submitted
General Audited Accounts
Supplier
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 B/ Firm Reasons for Non-
No Name Responsiveness
s Ltd
for up to 2021
only.
• CR 12 is not
within the last six
months.

8 Docie
• Certificate of
General Incorporation not
Supplier certified by
Advocate.
• Single Business
Permit not
attached.
• CR 12 not
attached.
• Letter of
Authority to seek
references from
Tenderer’s
Bankers not
submitted.
• Power of Attorney
not attached.
• Audited Accounts
not submitted.
• Code of Ethics
form not filled,
signed or
stamped.

Three (3 No.) bidders were compliant to the

preliminary evaluation criteria and were
therefore subjected to technical evaluation as
indicated below;

Table 2.2.3 Responsive Firms to the

Preliminary Evaluation Criteria

S/ Bidd Bidder Name Status

No. er
No.
1. 1 Finetops Enterprises Responsive
Ltd
2. 4 Hach Agencies Ltd Responsive
3. 7 Bentha Enterprises Responsive
Ltd

2.3 Technical Evaluation

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 Technical evaluation of the responsive bids was
undertaken to determine compliance with
technical specifications and requirements.
Technical Requirements
No EVALUATION CRITERIA MAX
. SCORE
Firm’s Experience 30
marks
Provide evidence of Building Contracts
completed within the period (2018, 2019,
2020, 2021, 2022); a maximum of 3 No.
works of equivalent capacity (attach
completion certificates signed by the
Client)
Each contract with a completion certificate
where you were the main contractor (10
marks)
The tenderer to provide 9
recommendation letters from marks
Clients of successfully
undertaken projects of
equivalent, magnitude and
complexity.

- Attach at least 3 number of letters of

reference from the past clients for the
period 2017, 2018, 2019, 2020, 2021,
2022, 2023. Letters MUST
have the Client contact person phone
number and email.
Each letter of recommendation (3
marks)
Machinery & Equipment 12
marks
The tenderer to demonstrate their
plant, machinery and equipment
capacity that shall be available for
the project if it is awarded,
evidenced by ownership
documents or lease agreements.
Lease agreements must include
telephone and email contact
details of the lessor attached.
(a) Transportation equipment
- Truck loader (1.5mk)
( Numbers Needed -2)
- Truck tipper (1.5mk) (Numbers
Needed -2 )
- Dumper (1.0 mk)
- Bowser (1.0mk)
(b) Concreting equipment
- Pre mix trucks (1.0mk)
- Open drum with hopper -

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 No EVALUATION CRITERIA MAX
. SCORE
0.15m2 (1.0mk)
- Concrete pump (1.0mk)
(c) Excavation equipment
- Dozer or equivalent with blade
and ripper (1.0mk)
- Wheeled excavator (1.0mk)
(d) Vertical movement
equipment/machinery
- tower crane (1.0mk)
-- Lifting and jacking gear-pipe
winch (1.0mk)
(Attach evidence of
ownership/lease agreement)
Proposed Project Personnel 13
marks
The tenderer to provide qualified
and experienced technical staff in
the Company, with training in a
building construction related field.
Site Agent/Manager Must attach
registration and practicing licenses
from any relevant professional
body certified by a commissioner
for oaths.
a. Site Manager at least
degree in
Engineering/Architecture/Quantit
y Surveying or Project
Management and 5 years specific
works experience in building
construction site management (4
marks)

b. Building Foreman /Site

Agents: At least diploma in
Engineering,
Architecture/Building or civil
works 5 years’ general works
experience as foreman in building
works (3marks)
c. Electrical Foreman: At
least diploma in Electrical
Engineering and 5 years’
experience as a foreman in
building works. (2 marks)
d. Mechanical Foreman: At
least diploma in Mechanical
Engineering and 5 years’
experience as a foreman in
building works (2 marks)

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 No EVALUATION CRITERIA MAX
. SCORE
e. ICT Foreman: At least
diploma in Information
Technology and 5 years’
experience as a foreman in
building works (2 marks)
i. (Attach evidence)
Financial Capability 20
i. Submission of certified marks
bank statements for the past 6
months
(3marks).
ii. Turnover in the last
financial year
• over kshs.13 million -
10marks;
• below kshs.13 Million but
more than kshs.10 Million- 5
marks
• Below kshs.10 Million -1
Mark
iii. Total bank account
balances as at 31st of April 2023
(over
kshs.8Million – 4marks; below
kshs.8 Million – 1 mark).
iv. Letter(s) of credit from
the tenderer’s bankers (3 marks)
Quality Assurance for the 4
Proposed Works marks

The tenderer to give proposals on

how to achieve the following
aspects
of quality:
i. visual aspects of quality
– Two relevant proposals on the
following aspects- Functionality
of networks, levelness, squareness
and alignment (Total for each
aspect summed up for both
proposals – 0.5mks) max score 2
Marks
ii. The physical aspects of
quality: achievement of specified
class of concrete, maintenance of
high quality of materials (a
proposal for each aspect – 1mk)
Max. score 2 marks
(Irrelevant proposals will
score Zero (0 )
Head Office Setup 4
The tenderer to provide accurate marks

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 No EVALUATION CRITERIA MAX
. SCORE
information on the location of
their office premises, size of the
office, tools and equipment to be
used if awarded the project;
i. Office Location (1mks)
ii. Size of office (Total
square area) - (over 200
square meters 1mk;
below 200 square meters
– 0.5mk).
iii. Tools & Equipment
(printer 0.5 mk, over 2
no. Computers/Laptops
(0.5mk)
iv. Evidence of atleast 1no.
Computer/Laptop
installed with Microsoft
Project software (1mk)

(Attach evidence of presence and

ownership)
Proposed Domestic Sub-Contractors for 8
the works. marks
Tenderer to submit qualified and
experienced Sub- Contractors that will
work with them should they be awarded the
project. The tenderer to provide the
following Sub-contractors in their
submission;
i. Electrical Sub-Contractor
- (valid NCA (Category 7
and above) registration
0.5mk, ERC certificate
0.5 mk, 3no. projects of
office block buildings
experience -2 mks).
ii. Mechanical Sub-Contractor
- (valid NCA (Category
7 and above)
registration 0.5 mks, at
least 4No. projects of
office block buildings
experience -2 mks).
iii. ICT, security and access control
Sub-Contractor
- (Valid NCA (Category
7 and above)
registration 0.5 mks, at
least 4No. projects of
internet installation in
office block building
experience -1mks).
(Attach evidence)
TOTAL 100

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 No EVALUATION CRITERIA MAX
. SCORE
Tenderers shall be required to
attain a score of 70 marks and
above to have their bids
evaluated for the equipment
offered against the minimum
technical specifications outlined
in Section VI

Observations
In the technical evaluation, bidder 1 did not
score the mandatory minimum of 70 and was
eliminated. Two (2 No.) bidders scored above
the minimum required points (70 Points) and
was therefore considered for further evaluation
as indicated below:
Table 2.3.3 Responsive Firms to the
Technical Evaluation Criteria
S/ Bidd Bidder Name Points
No. er
No.
1. 4 Hach Agencies Ltd 89
2. 7 Bentha Enterprises 93
Ltd

2.4 Financial Evaluation

Bidder No. 7; M/s Bentha Enterprises Ltd of
P.O Box 53681-00200 Nairobi
submitted the lowest technically evaluated bid
of Kenya Shillings, Eleven Million One
Hundred and Ninety-Five Thousand Five
Hundred and Fifty Shillings Only (KES.
11,195,550.00)
3. EVALUATION COMMITTEE
RECOMMENDATION
The committee recommended Bidder No. 7; M/s
Bentha Enterprises Ltd of P.O Box 53681-
00200 Nairobi to be considered for contract
award at their quoted bid amount of Kenya
Shillings, Eleven Million One Hundred and
Ninety-Five Thousand Five Hundred and
Fifty Shillings Only (KES. 11,195,550.00)
being the most responsive bidder.
2. State whether due The Bidder M/s Bentha Enterprises Ltd of
diligence was conducted on P.O Box 53681-00200 Nairobi is registered by
the successful bidder (if the State Department for Public Works. Further
applicable) and give brief the firm was responsive to the technical
statement of the outcome evaluation criteria.
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thereof.
3. State whether the award Accounting Officers authority to use restricted
is appropriate for the tendering method for the work was sought vide
method of memo dated 28th April, 2023 pursuant to section
procurement/asset disposal
102(1)(a) &(b) of the Public Procurement and
applied citing specific
provision of law and tender Asset Disposal Act, (PPADA, 2015) and the
document approval was granted on 3rd May, 2023
The bidder M/s Bentha Enterprises Ltd of
P.O Box 53681-00200 Nairobi was responsive
to both preliminary and the technical evaluation
criteria.
4. State whether the The estimated cost of the works was Kenya
recommended price for Shillings Eleven million, Three hundred
standard goods, services Thousand Only (KES. 11,300,000.00)
and works are within the
Bidder No. 7; M/s Bentha Enterprises Ltd of
indicative market prices.
P.O Box 53681-00200 Nairobi submitted the
lowest technically evaluated bid of Kenya
Shillings, Eleven Million One Hundred and
Ninety-Five Thousand Five Hundred and
Fifty Shillings Only (KES. 11,195,550.00)
5. State how evaluation Evaluation Committee evaluated the bids using
criteria set forth in tender the procedures and criteria as set out in the bid
document was applied and document pursuant to Section 80(2) of the
whether or not the Tender PPADA, 2015 and as per the relevant provisions
Evaluation Committee of the Act and the attendant regulations.
members adhered to the
law in bid evaluation.
6. Confirm if adequate Funds are Confirmed available under Item Code
funds are set aside 0-1252-0028-01-2220201
(budgeted) for the
procurement/asset disposal
PART C –
RECOMMENDATION TO
ACCOUNTING OFFICER
FOR
APPROVAL/REJECTION
 Give opinion whether OAG&DOJ vide a letter Ref. No. AG/5033/11/VOL
procurement law and V (195) dated 2nd October 2023 requested for
practice was applied Bills of Quantities, cost estimates and a list of
in the proceeding
contractors registered by the State Department
leading to the
recommendation of for Public Works.
the evaluation
The State Department for Public Works vide their
committee and
whether or not letter Ref. No. RQS/D120/GEN/VOL. 11/18 &48
Accounting Officer dated 1st November and 16th October 2023
may consider provided a list of Ten (10 No.) registered
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 approval/rejection of contractors together with a Bill of Quantities as
the recommendations well as the estimated costs of the works
of the evaluation amounting to Kenya Shillings Eleven million,
report.
Three hundred Thousand Only (KES.
11,300,000.00)

Administration department requisitioned for the

works vide a memo, expenditure/commitment
control form and procurement requisition dated
21st March, 2023.

Supply Chain Chain Management Services vide

memo dated 17th April, 2023 pursuant to section
102(1)(a) &(b) of the Public Procurement and
Asset Disposal Act, (PPADA, 2015) sought for the
Accounting Officers authority to use restricted
tendering method for the works and the
approval was granted on 20th April, 2023.
Both tender opening and evaluation committees
were appointed by the Accounting Officer.
Tender evaluation exercise was held at the
Sheria House 7th Floor Board Room. The
evaluation committee evaluated the tenders
using the procedures and criteria as set out in
the bid document pursuant to Section 80(2) of
the PPADA, 2015.

Bidder No. 7; M/s Bentha Enterprises Ltd of

P.O Box 53681-00200 Nairobi was responsive
to both preliminary and technical evaluation
criteria. The bidder submitted the technically
evaluated bid of Kenya Shillings, Eleven
Million One Hundred and Ninety-Five
Thousand Five Hundred and Fifty Shillings
Only (KES. 11,195,550.00) and was therefore
recommended for award by the evaluation
committee.

The Accounting Officer may consider and

approve the recommendation to award bidder
No. 7; M/s Bentha Enterprises Ltd of P.O
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 Box 53681-00200 Nairobi having met all the
preliminary and technical requirements for the
Proposed Replacement of Two (2 No) Lifts at
Sheria House at their quoted bid amount of
Kenya Shillings, Eleven Million One
Hundred and Ninety-Five Thousand Five
Hundred and Fifty Shillings Only (KES.
11,195,550.00) being the most responsive
bidder.
 Where the
recommended bid
price is in excess of N/A
available budget
state:
(a) Where applicable,
if change of scope
would/would not
materially alter the
substance of the
tender and would
be consistent with
the provisions of
the tender
documents:
(b) Whether there is
need to result to
use competitive
negotiations.
 Any other relevant N/A
information

NAME OF DESIGNATION SIGNATUR DATE

PROCUREME : E
NT
PROFESSION
AL:
Christophe Assistant
r Keter Director,
Supply Chain
Management
Services

ACCOUNTING OFFICER’S DECISION INCLUDING REMARKS (IF ANY)

APPROVED/REJECTED…………………………………………………………...
…………………..

Hon. Shadrack J. Mose

………………………………………..........................................................
[Solicitor General] [Signature] [Date]
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ENCLS

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