KISII UNIVERSITY

PO BOX 408-40200 KISII, KENYA

Website (www.kisiiuniversity.ac.ke)

OPEN TENDER

FOR

CENTRALIZED UPS FOR ICT BLOCK B

(RE-ADVERTISEMENT)

TENDER NUMBER: KSU/T/09/2024/2025

CLOSING DATE: 14TH, NOVEMBER 2024 AT 11.30 AM

OCTOBER , 2024

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 SUPPLIER DETAILS
FORM 1

1. Name of Company…………………………………………………….

2. Physical Location (ie) Town /County………………………

3. Street/Road………………………………………………….

4. Building Name……………………………………………...

5. Box Number…………………………………………………

6. Email address……………………………………………….

7. Telephone Number…………………………………………

8. Name/s of majority beneficial owners/ shareholders/Directors and

their ID Numbers
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………
9. Business registration number……………………………..(As indicated
in the certificate of incorporation ).
10. Agpo Certificate number…………………....(Bidders applying for
open categories but have AGPO certificates must indicate AGPO
number).

11. KRA Pin Number………………………………………

1 SIGNATURE ………………Date…............Stamp……………

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 Table of Contents

Contents
INVITATION TO TENDER........................................................................................................................ 1
Eligible tenderers ................................................................................................................... 2
Cost of tendering .................................................................................................................... 2
Contents of tender documents ............................................................................................. 2
Clarification of Documents ................................................................................................... 3
Amendment of documents .................................................................................................... 3
Language of tender ................................................................................................................ 4
Documents Comprising the Tender ..................................................................................... 4
Form of Tender ....................................................................................................................... 4
Tender Prices .......................................................................................................................... 4
The tenderer shall indicate on the Price schedule the unit prices where applicable
and total tender prices of the services it proposes to provide under the contract. 4
Tender Currencies .................................................................................................................. 5
Tenderers Eligibility and Qualifications.............................................................................. 5
Tender Security ...................................................................................................................... 5
Validity of Tenders ................................................................................................................. 6
Format and Signing of Tender .............................................................................................. 7
Sealing and Marking of Tenders .......................................................................................... 7
Deadline for Submission of Tenders .................................................................................... 7
Modification and withdrawal of tenders .............................................................................. 8
Opening of Tenders ................................................................................................................ 8
Clarification of tenders .......................................................................................................... 9
Preliminary Examination and Responsiveness .................................................................. 9
Conversion to a single currency ......................................................................................... 10
Evaluation and comparison of tenders. ............................................................................ 10
a) Operational Plan. ........................................................................................................... 10
b) Deviation in payment schedule ................................................................................... 10
Contacting KISII UNIVERSITY’ ........................................................................................... 11
Award of Contract ................................................................................................................ 11
Post qualification.................................................................................................................. 11
Award Criteria ......................................................................................................................
3 12
Notification of award ............................................................................................................ 12
Signing of Contract .............................................................................................................. 13
Performance Security .......................................................................................................... 13
Corrupt or Fraudulent Practices ........................................................................................ 13
SECTION III GENERAL CONDITIONS OF CONTRACT ................................................... 19
Definitions ............................................................................................................................. 19
Application ............................................................................................................................ 19
Standards .............................................................................................................................. 19
Patent Right’s........................................................................................................................ 19
Performance Security .......................................................................................................... 20
Inspections and Tests .......................................................................................................... 20
Payment ................................................................................................................................. 21
Prices ..................................................................................................................................... 21
Assignment ........................................................................................................................... 21
Termination for Default ....................................................................................................... 21
Termination of insolvency ................................................................................................... 21
Termination for convenience .............................................................................................. 22
Resolution of disputes ......................................................................................................... 22
Governing Language ............................................................................................................ 22
Force Majeure ....................................................................................................................... 22
Applicable Law...................................................................................................................... 23
Notices ................................................................................................................................... 23
SECTION IV SPECIAL CONDITIONS OF CONTRACT ..................................................... 23
SECTION V – DESCRIPTION OF SERVICES .................................................................... 24
Terms of References ............................................................................................................. 24
Introduction .......................................................................................................................... 24
Overall objective of the consultancy .................................................................................. 24
FORM OF TENDER .............................................................................................................. 25
PRICE SCHEDULE FOR THE SERVICES ......................................................................... 26
CONTRACT FORM................................................................................................................ 27
CONFIDENTIAL BUSINESS QUESTIONNAIRE ................................................................ 28
TENDER-SECURITY FORM ................................................................................................ 29
THE CONDITIONS of this obligation are:- ........................................................................ 29
PERFORMANCE SECURITY FORM ...................................................................................
4 30
BANK GUARANTEE FOR ADVANCE PAYMENT .............................................................. 31
LETTER OF NOTIFICATION OF AWARD........................................................................... 32
SELF DECLARATION THAT THE PERSON/TENDERER IS NOT DEBARRED IN THE
MATTER OF THE PUBLIC PROCUREMENT AND ASSET DISPOSAL ACT 2025. .. 33
SELF DECLARATION THAT THE PERSON/TENDERER WILL NOT ENGAGE IN ANY
CORRUPT OR FRAUDULENT PRACTICE................................................................... 34
FORM NO. 8 BENEFICIAL OWNERSHIP DISCLOSURE FORM ........................................................ 35

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 INVITATION TO TENDER
PROCURING ENTITY: KISII UNIVERSITY’

TENDER NUMBER: KSU/T/09/2024-2025

CONTRACT NAME AND DESCRIPTION: CENTRALIZED UPS FOR ICT BLOCK B

1. The Kisii University’ invites sealed tenders for the Centralized UPS For Ict Block B

2. Tendering will be conducted under Open Tender method using a standardized

tender document. Tendering is open to all qualified and interested Tenderers.

3. Qualified and interested tenderers may obtain further information and inspect
the Tender Documents during office hours 8.00am to 5.00pm East Africa
Time at the address given below.

4. A complete set of tender documents may be purchased or obtained by

interested tenders upon payment of a non-refundable fees of 1000.00 (One
thousand) Kenya shillings in cash or Bankers Cheque and payable to KISII
UNIVERSITY’ .

5. Tender documents may be obtained electronically from the Website(s)

www.kisiiuniversity.ac.ke or www.tenders.go.ke Tender documents obtained
electronically will be free of charge.

6. All Tenders must be accompanied by a tender security of Ksh 150,000 (One

hundred and fifty thousand shillings only)

7. The Tenderer shall chronologically serialize all pages of the tender documents
submitted.

8. Completed tenders must be delivered to the address below on or before 14TH

NOVEMBER 2024. Electronic Tenders will not be permitted.

9. Tenders will be opened immediately after the deadline date and time specified
above or any deadline date and time specified later. Tenders will be publicly
opened in the presence of the Tenderers' designated representatives who
choose to attend at the address below.

9. Late tenders will be rejected.

10. The addresses referred to above are:

A. Address for obtaining further information and for purchasing tender

documents

VICE CHANCELLOR, KISII UNIVESRITY

OFF KISII KILGORIS ROAD,
408-40200
procurement@kisiiuniversity.ac.ke

SIGNED FOR: VICE CHANCELLOR, KISII UNIVERSITY

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SECTION II – INSTRUCTIONS TO TENDERERS

Eligible tenderers

This Invitation to tender is open to all tenderers eligible as described

in the instructions to tenderers. Successful tenderers shall provide the
services for the stipulated duration from the date of commencement
(hereinafter referred to as the term) specified in the tender documents.

KISII UNIVERSITY’ ’s employees, committee members, board members

and their relatives (spouse and children) are not eligible to participate in
the tender unless where specially allowed under section 33 of the Act.

Tenderers shall provide the qualification information statement that the

tenderer (including all members, of a joint venture and subcontractors)
is not associated, or have been associated in the past, directly or
indirectly, with a firm or any of its affiliates which have been engaged by
KISII UNIVERSITY’ to provide consulting services for the preparation of
the design, specifications, and other documents to be used for the
procurement of the services under this Invitation for tenders.

Tenderers involved in corrupt or fraudulent practices or debarred from

participating in public procurement shall not be eligible.

Cost of tendering

The Tenderer shall bear all costs associated with the preparation and
submission of its tender, and KISII UNIVERSITY’ will in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the tendering process.

There shall be no price to be charged for the tender document if electronically

obtained.

KISII UNIVERSITY’ shall allow the tenderer to review the tender document.
Contents of tender documents

The tender document comprises of the documents listed below and

addenda issued in accordance with clause 6 of these instructions to
tenders

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 i. Instructions to tenderers
ii. General Conditions of Contract
iii. Special Conditions of Contract
iv. Schedule of Requirements
v. Details of service
vi. Form of tender
vii. Price schedules
viii. Contract form
ix. Confidential business questionnaire form
x. Tender securing declaration
xi. Performance security form
xii. Principal’s or manufacturers authorization form
xiii. Declaration form

The Tenderer is expected to examine all instructions, forms, terms, and

specifications in the tender documents. Failure to furnish all information
required by the tender documents or to submit a tender not
substantially responsive to the tender documents in every respect will be
at the tenderers risk and may result in the rejection of its tender.

Clarification of Documents

A prospective candidate making inquiries of the tender document may

notify KISII UNIVERSITY’ in writing or by post, fax or email at the
entity’s address indicated in the Invitation for tenders. KISII
UNIVERSITY’ will respond in writing to any request for clarification of
the tender documents, which it receives no later than seven (7) days
prior to the deadline for the submission of tenders, prescribed by KISII
UNIVERSITY’ . Written copies of the Procuring entities response
(including an explanation of the query but without identifying the source
of inquiry) will be sent to all prospective tenderers who have received the
tender documents”

KISII UNIVERSITY’ shall reply to any clarifications sought by the

tenderer within 3 days of receiving the request to enable the tenderer to
make timelysubmission of its tender.

Amendment of documents

At any time prior to the deadline for submission of tenders, KISII

UNIVERSITY’ , for any reason, whether at its own initiative or in
response to a clarification

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 requested by a prospective tenderer, may modify the tender
documentsby issuing an addendum.

All prospective tenderers who have obtained the tender documents will
be notified of the amendment by post, fax or email and such amendment
will be binding on them.
In order to allow prospective tenderers reasonable time in which to take
the amendment into account in preparing their tenders, KISII
UNIVERSITY’ , at its discretion, may extend the deadline for the
submission of tenders.

Language of tender

The tender prepared by the tenderer, as well as all correspondence and

documents relating to the tender exchanged by the tenderer and KISII
UNIVERSITY’ , shall be written in English language. Any printed
literature furnished by the tenderer may be written in another language
provided they are accompanied by an accurate English translation of the
relevant passages in which case, for purposes of interpretation of the
tender, the English translation shall govern.

Documents Comprising the Tender

The tender prepared by the tenderer shall comprise the following

components:
a) A Tender Form and a Price Schedule completed in accordance with
paragraph 9, 10 and 11 below.
b) Documentary evidence established in accordance with Clause
2.11 that the tenderer is eligible to tender and is qualified to perform
the contract if its tender is accepted;
c) Tender security furnished is in accordance with Clause 2.12
d) Confidential business questionnaire

Form of Tender

The tenderers shall complete the Form of Tender and the appropriate
Price Schedule furnished in the tender documents, indicating the
services to be performed.

Tender Prices
The tenderer shall indicate on the Price schedule the unit prices where
applicable and total tender prices of the services it proposes to provide
under the contract.
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 Prices indicated on the Price Schedule shall be the cost of the services
quoted including all customs duties and VAT and other taxes payable:

Prices quoted by the tenderer shall remain fixed during the term of the
contract unless otherwise agreed by the parties. A tender submitted with
an adjustable price quotation will be treated as non-responsive and will
be rejected.

Contract price variations shall not be allowed for contracts not exceeding
one year (12 months)

Where contract price variation is allowed, the variation shall not exceed
10% of the original contract price.

Price variation requests shall be processed by the KISII UNIVERSITY’

within 30 days of receiving the request.

Tender Currencies

Prices shall be quoted in Kenya Shillings unless otherwise specified in

the appendix to in Instructions to Tenderers

Tenderers Eligibility and Qualifications.

Pursuant to Clause 2.1 the tenderer shall furnish, as part of its tender,
documents establishing the tenderers eligibility to tender and its
qualifications to perform the contract if its tender is accepted.

The documentary evidence of the tenderers qualifications to perform the

contract if its tender is accepted shall establish to the KISII UNIVERSITY’
’s satisfaction that the tenderer has the financial and technical capability
necessary to perform the contract.

Tender Security

The tenderer shall furnish, as part of its tender, a tender security for the
amount and form specified in the Invitation to tender.The tender
security shall be in the amount as prescribed in the appendix to
instruction to tenderers

The tender security is required to protect KISII UNIVERSITY against the

risk of Tenderer’s conduct which would warrant the security’s forfeiture,
pursuantto paragraph 2.12.8

The tender security shall be denominated in a Kenya Shillings or in

5
 another freely convertible currency and shall be in the form of
a) A bank guarantee.
b) Such insurance guarantee approved by the Authority.

Any tender not secured in accordance with paragraph 2.12.1 and 2.12.3
will be rejected by the KISII UNIVERSITY’ as non-responsive, pursuant
to paragraph 2.20

Unsuccessful tenderer’s security will be discharged or returned as

promptly as possible as but not later than thirty (30) days after the
expiration of the period of tender validity prescribed by the KISII
UNIVERSITY’ .

The successful tenderer’s tender security will be discharged upon the

tenderer signing the contract, pursuant to paragraph 2.29, and
furnishing the performance security, pursuant to paragraph 2.30.

The tender security may be forfeited:

a) If a tenderer withdraws its tender during the period of tender
validity specified by the KISII UNIVERSITY’ on the Tender Form; or
b) In the case of a successful tenderer, if the tenderer fails:
i. to sign the contract in accordance with paragraph
30 or
ii. to furnish performance security in accordance
with paragraph 31.
c) If the tenderer rejects, correction of an error in the tender.

Validity of Tenders

Tenders shall remain valid for 120 days or as specified in the invitation
to tender after date of tender opening prescribed by KISII UNIVERSITY’
, pursuant to paragraph 2.18. A tender valid for a shorter period shall be
rejected by KISII UNIVERSITY’ as non-responsive.

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 In exceptional circumstances, KISII UNIVERSITY’ may solicit the
Tenderer’s consent to an extension of the period of validity. The request
and the responses thereto shall be made in writing. The tender security
provided under paragraph 2.12 shall also be suitably extended. A
tenderer may refuse the request without forfeiting its tender security. A
tenderer granting the request will not be required nor permitted to
modify its tender.

Format and Signing of Tender

The tenderer shall prepare one copy of the tender, clearly marked as
appropriate.

The original and all copies of the tender shall be typed or written in
indelible ink and shall be signed by the tenderer or a person or persons
duly authorized to bind the tenderer to the contract. All pages of the
tender, except for un-amended printed literature, shall be initialed by
the person or persons signing the tender.

The tender shall have no interlineations, erasures, or overwriting except

as necessary to correct errors made by the tenderer, in which case such
corrections shall be initialed by the person or persons signing the tender.

Sealing and Marking of Tenders

The tenderer shall seal the tender in an envelope, duly marking the
envelope as directed in this document.

Be addressed to KISII UNIVERSITY’ at the address given in the invitation to

tender

Bear tender number and name in the invitation to tender and the words:
“DO NOT OPEN BEFORE 14TH NOVEMBER 2024 at 11.30 Am

The envelope shall not indicate the name and address of the tenderer.

If the envelope is not sealed and marked as required by paragraph

2.15.2, the KISII UNIVERSITY’ will assume no responsibility for the
tender’s misplacement or premature opening.

Deadline for Submission of Tenders

Tenders must be received by the KISII UNIVERSITY’ at the address

specified underparagraph 2.15.2 no later than 14TH NOVEMBER
2024 at 11.30 Am

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 KISII UNIVERSITY’ may, at its discretion, extend this deadline for the
submission of tenders by amending the tender documents in accordance
with paragraph 6, in which case all rights and obligations of KISII
UNIVERSITY’ and candidates previously subject to the deadline will
thereafter be subject to the deadline as extended.

Bulky tenders which will not fit in the tender box shall be received by the
KISII UNIVERSITY procurement department’ as provided for in the
appendix.

Modification and withdrawal of tenders

The tenderer may modify or withdraw its tender after the tender’s
submission, provided that written notice of the modification, including
substitution or withdrawal of the tender’s is received by KISII
UNIVERSITY’ prior to the deadline prescribed for the submission of
tenders.

The Tenderer’s modification or withdrawal notice shall be prepared,

sealed, marked, and dispatched in accordance with the provisions of
paragraph 2.15. A withdrawal notice may also be sent by cable, but
followed by a signed confirmation copy, postmarked no later than the
deadline for submission of tenders.

No tender may be modified after the deadline for submission of tenders.

No tender may be withdrawn in the interval between the deadline for

submission of tenders and the expiration of the period of tender validity
specified by the tenderer on the Tender Form. Withdrawal of a tender
during this interval may result in the Tenderer’s forfeiture of its tender
security, pursuant to paragraph 2.12.8.

KISII UNIVERSITY’ may at any time terminate procurement

proceedings before contract award and shall not be liable to any person
for the termination.

KISII UNIVERSITY’ shall give prompt notice of the termination to the

tenderers and on request give its reasons for termination within 14 days
of receiving the request from any tenderer.

Opening of Tenders

The KISII UNIVERSITY’ will open all tenders in the presence of

tenderers’ or their representatives who choose to attend, in the location
specified in the invitation to tender. The tenderers’ representatives who
are present shall sign a register evidencing their attendance.
The tenderers’ names, tender modifications or withdrawals, tender
prices, discounts, and the presence or absence of requisite tender

8
 security and such other details as the KISII UNIVERSITY’ , at its
discretion, may consider appropriate, will be announced at the opening.
KISII UNIVERSITY’ will prepare minutes of the tender opening which
will be submitted to the tenderers that signed the tender opening register
and will have made the request.

Clarification of tenders

To assist in the examination, evaluation and comparison of tenders the

KISII UNIVERSITY’ may at its discretion, ask the tenderer for a
clarification of its tender. The request for clarification and the response
shall be in writing, and no change in the prices or substance shall be
sought, offered, or permitted.

Any effort by the tenderer to influence KISII UNIVERSITY’ in KISII

UNIVERSITY’ ’s tender evaluation, tender comparison or contract
award decisions may result in the rejection of the tenderers tender.

Comparison or contract award decisions may result in the rejection of

the tenderers’ tender.

Preliminary Examination and Responsiveness

KISII UNIVERSITY’ will examine the tenders to determine whether they

are complete, whether any computational errors have been made,
whether required securities have been furnished whether the documents
have been properly signed, and whether the tenders are generally in
order.

Any errors in the submitted tender arising from a miscalculation of unit

price, quantity, subtotal and total bid price shall be considered as a
major deviation that affects the substance of the tender and shall lead to
disqualification of the tender as non-responsive.

KISII UNIVERSITY’ may waive any minor informality or nonconformity

or irregularity in a tender which does not constitute a material deviation,
provided such waiver does not prejudice or affect the relative ranking of
any tenderer.

Prior to the detailed evaluation, pursuant to paragraph 23, the KISII

UNIVERSITY’ will determine the substantial responsiveness of each
tender to the tender documents. For purposes of these paragraphs, a
substantially responsive tender is one which conforms to all the terms
and conditions of the tender documents without material deviations.
KISII UNIVERSITY’ ’s determination of a
tender’s responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence.

9
 If a tender is not substantially responsive, it will be rejected by the KISII
UNIVERSITY’ and may not subsequently be made responsive by the
tenderer by correction of the nonconformity.

Conversion to a single currency

Where other currencies are used, KISII UNIVERSITY’ will convert those
currencies to Kenya shillings using the selling exchange rate on the date
of tender closing provided by the central bank of Kenya.

Evaluation and comparison of tenders.

KISII UNIVERSITY’ will evaluate and compare the tenders which have
been determined to be substantially responsive, pursuant to paragraph
2.20

The comparison shall be of the price including all costs as well as duties
and taxes payable on all the materials to be used in the provision of the
services.

KISII UNIVERSITY’ ’s evaluation of a tender will take into account, in

addition to the tender price, the following factors, in the manner and to
the extent indicated in paragraph 2.22.4 and in the technical
specifications:
a) Operational plan proposed in the tender;
b) Deviations in payment schedule from that specified in the Special
Conditions of Contract;

Pursuant to paragraph 22.3 the following evaluation methods will be

applied:
a) Operational Plan.
The KISII UNIVERSITY’ requires that the services under the Invitation
for Tenders shall be performed within the time specified in the tenderer’s
work plan. Tenders will be compared among each other to evaluate the
most favorable implementation period with regard to the scope of the
assignment those with unrealistically long or short delivery periods will
be treated as non- responsive and rejected.

b) Deviation in payment schedule

Tenderers shall state their tender price for the payment on a schedule
outlined in the special conditions of contract. Tenders will be evaluated
on the basis of this base price. Tenderers are, however, permitted to state
an
alternative payment schedule and indicate the reduction in tender price
they wish to offer for such alternative payment schedule. KISII
UNIVERSITY’ may consider the alternative payment schedule offered by
the selected tenderer.
10
 The tender evaluation committee shall evaluate the tender within 30
days from the date of opening the tender.

To qualify for contract awards, the tenderer shall have the following: -
a) Necessary qualifications, capability experience, services, equipment
and facilities to provide what is being procured.
b) Legal capacity to enter into a contract for procurement
c) Shall not be insolvent, in receivership, bankrupt or in the process of
being wound up and is not the subject of legal proceedings relating to
the foregoing
d) Shall not be debarred from participating in public procurement.
Contacting KISII UNIVERSITY’

Subject to paragraph 2.19, no tenderer shall contact KISII UNIVERSITY’

on any matter relating to its tender, from the time of the tender
opening to the time the contract is awarded.

Any effort by a tenderer to influence KISII UNIVERSITY’ in its decisions

on tender evaluation tender comparison or contract award may result in
the rejection of the tenderers tender.

Award of Contract

Post qualification

In the absence of pre-qualification, KISII UNIVERSITY’ will determine to

its satisfaction whether the tenderer that is selected as having submitted
the lowest evaluated responsive tender is qualified to perform the
contract satisfactorily.

The determination will take into account the tenderer’s financial and
technical capabilities. It will be based upon an examination of the
documentary evidence of the tenderers qualifications submitted by the
tenderer, pursuant to paragraph 2.1.2, as well as such other
information as KISII UNIVERSITY’ deems necessary and appropriate.

11
 An affirmative determination will be a prerequisite for award of the
contract to the tenderer. A negative determination will result in rejection
of the Tenderer’s tender, in which event KISII UNIVERSITY’ will proceed
to the next lowest evaluated tender to make a similar determination of
thatTenderer’s capabilities to perform satisfactorily.

Award Criteria

Subject to paragraph 2.29 KISII UNIVERSITY’ will award the contract

to the successful tenderer whose tender has been determined to be
substantially responsive and has been determined to be the lowest
evaluated tender, provided further that the tenderer is determined to be
qualified to perform the contract satisfactorily.

KISII UNIVERSITY’ reserves the right to accept or reject any tender

and to annul the tendering process and reject all tenders at any time
prior to contract award, without thereby incurring any liability to the
affected tenderer or tenderers or any obligation to inform the affected
tenderer or tenderers of the grounds for KISII UNIVERSITY’ ’s action.
If KISII UNIVERSITY’ determines that none of the tenderers is
responsive; KISII UNIVERSITY’ shall notify each tenderer whosubmitted
a tender

A tenderer who gives false information in the tender document about its
qualification or who refuses to enter into a contract after notification of
contract award shall be considered for debarment from participating in
future public procurement.

Notification of award

Prior to the expiration of the period of tender validity, the Procuring

entity will notify the successful tenderer in writing that its tender has
been accepted.

The notification of award will signify the formation of the Contract

subject to the signing of the contract between the tenderer and KISII
UNIVERSITY’ pursuant to clause 2.29. Simultaneously the other
tenderers shall be notified that their tenders have not been successful.

Upon the successful Tenderer’s furnishing of the performance security

pursuant to paragraph 31, KISII UNIVERSITY’ will promptly notify
each unsuccessful Tenderer and will discharge its tender security,
pursuant to paragraph 2.12.6.

12
Signing of Contract

At the same time as the KISII UNIVERSITY’ notifies the successful

tenderer that its tender has been accepted, the KISII UNIVERSITY’ will
simultaneously inform the other tenderers that their tenders have not
been successful.

Within fourteen (14) days of receipt of the Contract Form, the successful
tenderer shall sign and date the contract and return it to KISII
UNIVERSITY’ .

The parties to the contract shall have it signed within 30 days from the
date of notification of contract award unless there is an administrative
review request.

Performance Security

Within thirty (30) days of the receipt of notification of award from KISII
UNIVERSITY’ , the successful tenderer shall furnish the performance
security in accordance with the Conditions of Contract, in the
Performance Security Form provided in the tender documents, or in
another form acceptable to KISII UNIVERSITY’ .

Failure of the successful tenderer to comply with the requirement of

paragraph 2.29 or paragraph 2.30.1 shall constitute sufficient grounds
for the annulment of the award and forfeiture of the tender security, in
which event KISII UNIVERSITY’ may make the award to the next lowest
evaluated or call for new tenders.

Corrupt or Fraudulent Practices

KISII UNIVERSITY’ requires that tenderers observe the highest

standard of ethics during the procurement process and execution of
contracts. A tenderer shall sign a declaration that he has not and will
not be involved in corrupt or fraudulent practices.

KISII UNIVERSITY’ will reject a proposal for award if it determines that

the tenderer recommended for award has engaged in corrupt or
fraudulent practices incompetingfor the contract in question;

Further, a tenderer who is found to have indulged in corrupt or

fraudulent practices risks being debarred from participating in public
procurement in Kenya.

13
APPENDIX TO SECTION II - INSTRUCTIONS TO THE TENDERER

Instructionto Particulars Of Appendix To Instructions To Tenders

Tenderers
Reference

Paragraph 2.1 The tender is open to all bidders who meet the requirement
indicated in the evaluation criteria
Paragraph 2.1.1 Provision of centralized UPS Services to KISII UNIVERSITY’

Paragraph 2.1.4 Bidders to submit declaration statement on corrupt and

fraudulentpractices
Paragraph 2.9.3 The tender prices shall remain fixed during the contract period.

Paragraph 2.9.4 There will be no price variations during the contract period.

Paragraph 2.10.1 Prices shall be quoted in Kenya Shillings.

Paragraph 2.12.1 Tender security shall be K sh s . 150 , 000 / - in the form of a

bankGaurantee or from insurance firm approved by PPRA.
Paragraph Tenders shall remain valid for 120 days from the date of submission of
2.13.1 the tender
Paragraph The address of submission of tenders is:
2.15.1 (a) THE VICE CHANCELLOR
KISII UNIVERSITY
P.O BOS 408-40200
KISII ,OFF KISII KILGORIS ROAD.

14
 Evaluation Criteria
Mandatory Requirements
Stage 1- Preliminary Evaluation
Each firm must satisfy the following mandatory requirements failure to
which their tender shall be Non-Responsive. Please read the notes bellow
before submitting the documents.

 Submit certified copy of Certificate of Registration or Incorporation.

 Submit TWO duly filled and bound tender documents clearly marked
original and copy to the addresses provided in instructions to
tenderers.
 Submit VALID tax compliance certificate from Kenya Revenue
Authority.
 Submit Dully filled, signed and Stamped form of tender.
 Must Attach a tender security of Ksh 150,000 from bank or
approved insurance firm by PPRA.
 Submit a dully filled, signed, and stamped self-declaration
form that you are not debarred to participate in public
procurement proceedings as per the provided format.
 Submit a dully filled, signed, and stamped self-declaration
form that you will not participate in any corrupt practices
as per the provided format.
 Submit a dully filled, signed and stamped confidential business
questionnaire.
 Submit a tape bound document that is initialized, sequentially
serialized or sequentially numbered
 Submit Certified Copies of ALL the IDs of the directors of the
company/sole proprietor/partnerships/trusts with majority
shares.
 Copy of a valid business permit.
 Copy of companies CR12 or Trust Deed or Equivalent statutory
document
 Submit duly filled beneficial ownership form.
 Provide Valid Certificate of Tax Compliance.
 The supplier SHALL provide manufacturers authorization for all
items. For the guarantee for Kisii University against counterfeit,
proprietary, copyright, stolen property, the Equipment Original
Manufacturer (OEM) shall send the Certified Letter of
Authorization and/or Manufacturer Letter of Authorization (MAF)
direct to Kisii University via appended
email:suppliersqt@kisiiuniversity.ac.ke
 Certified and up to date ICTA 2 and above certificate for ICT
Networks
 NCA Cert 4 and above: ELECTRICAL ENGINEERING SERVICE
Contractor
 Signed and stamped certificate of site visit (Bidders who come for
site visit shall have their certificate signed and stamped at the
procurement office and attach a copy of the same to the tender
documents when submitting them).

15
  Attach detailed and highlighted brochures of all quoted for
materials
 Provide a letter of commitment to provide a Warranty with at
least 1 years for hardware components if awarded the contract.

Notes: Validity of documents shall be as at the date of tender opening.

Documents requiring certification shall be certified by a Commissioner of Oaths.
Stamps shall bear the name of the organization tendering.

R: Responsive ……………………………

Or

Non-responsive……………………………..

16
Technical Evaluation
Bidders Must score at least 70% at Technical Evaluation.
STAGE II - Technical Evaluation
Evaluation Criteria Total Score
1. Provide four (4) clients references where you 20
have provided similar services. Attach referenceletters on client’s
letter head. 5mks each
2. Provide certificate and CV for 3 key personnel. With relevant 30
experience ( 10 marks) for each personnel .
3. Provide an adequacy work plan and time frame for the assignment 25
4. Provided Audited books of account for the year 2023 25
TOTAL 100

Firms that score at least 70% and above in the technical evaluation will proceed to
the final stage of financial evaluation. Firms that score less than 70% shall be
rejected at this stage.

Stage 3 – Financial Evaluation

The evaluation process will involve comparison of prices and the bid with
the lowest price at this stage will be recommended for award of the tender.

Paragrap Award will be based on the lowest evaluated bid.

h b) 2.24.1
Paragrap The Performance security shall be equal to five (5 %) per cent of the
h 2.27.1 total tender price. This shall be furnished by the awarded bidder only
before signing of the contract.

17
SCOPE OF WORK:
1. INDUSTRIAL POWER BACKUP UPS 100KVA
Details and of Supplier response to
MINIMUM SPECIFICATIONS
attributes specifications
Make and Model State Make and Model (Attach brochure and data sheet)
System capacity 100kVA/90kW
Operating Voltage
Range 380/400/415 Vac (-25/+20%), (3Ph+N+PE)
Operating
Frequency Range 50/60Hz (±5Hz)
Power Factor >0.97 (with filter)
Output Voltage 380/400/415Vac (1 ± 1%)
Output Frequency 50/60Hz (1 ± 0.05%)
Current Crest Ratio 3:1(Max)
Harmonic
Distortion (THDv) <2% with Liner Load
ByPass Rated
Voltage 380/400/415 Vac
Bypass Voltage Upper Limit: +20% (+10%, +15%, +20% adjustable)
Protection Range Lower Limit: -40% ( -10%, -20%, -30%, -40% adjustable)
Bypass Frequency
protection Range +10%
Transfer Time Utility  Battery: 0ms
LED Display Input, Inverter, Bypass, Battery, Output, Status
I/O Voltage, Frequency, Power, Power Factor, Battery
LCD Display Voltage, Battery Status, Load Level, UPS Status, Settings
Communication
Interface Dry Contact, RS232, RS485
Operation
Temperature 0 to 40 °C
Noise Level <65Db
Standard Safety IEC/EN62040-1 ; IEC/EN60950-1
Online double
conversion Adopting Online Double Conversion design
Full DSP Control avoids the risks caused by analog devices
failure and makes the control system more stable and
Full DSP control reliable.
High power factor The output power factor is up to 0.9.
Intelligent battery management system and advanced
battery auto float/boost charge technology, reduces the
Optimized battery frequency of battery maintenance, greatly improves the
management battery efficiency and extends battery life.

18
SECTION III GENERAL CONDITIONS OF CONTRACT

Definitions
In this contract the following terms shall be interpreted as indicated:

i. “The contract” means the agreement entered into between KISII

UNIVERSITY’ and the tenderer as recorded in the Contract Form signed by
the parties, including all attachments and appendices thereto and all
documents incorporated by reference therein.

ii. “The Contract Price” means the price payable to the tenderer under the
Contract for the full and proper performance of its contractual obligations.

iii. “The services” means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to KISII
UNIVERSITY’ under the Contract.
iv. “KISII UNIVERSITY’ ” means the organization sourcing for the services
under thisContract.

v. “The contractor means the individual or firm providing the services under
thisContract.

vi. “GCC” means general conditions of contract contained in this section

vii. “SCC” means the special conditions of contract

viii. “Day” means calendar day

Application

These General Conditions shall apply to the extent that they are not superseded by
provisions of other part of contract.

Standards

The services provided under this Contract shall conform to the 7 standards
mentioned in the Schedule of requirements

Patent Right’s

The tenderer shall indemnify KISII UNIVERSITY’ against all third-party claims of
infringementof patent, trademark, or industrial design tights arising from use of the
services underthe contract or any part thereof.

19
Performance Security

Within fourteen (14) days of receipt of the notification of Contract award,

the successful tenderer shall furnish to KISII UNIVERSITY’ the
performance security where applicable in the amount specified in Special
Conditions of Contract.

The proceeds of the performance security shall be payable to KISII

UNIVERSITY’ as compensation for any loss resulting from the
Tenderer’s failure tocomplete its obligations under the Contract.

The performance security shall be denominated in the currency of the

Contract, or in a freely convertible currency acceptable to KISII
UNIVERSITY’ and shall be in the form of:
a) A bank guarantee.
b) Such insurance guarantee approved by the PPRA

The performance security will be discharged by KISII UNIVERSITY’ and

returned to the candidate not later than thirty (30) days following the
date of completion of the tenderer’s performance of obligations under
the contract, including any warranty obligations under the contract.

Inspections and Tests

The KISII UNIVERSITY’ or its representative shall have the right to

inspect and/or to test the services to confirm their conformity to the
Contract specifications. KISII UNIVERSITY’ shall notify the tenderer in
writing, in a timely manner, of the identity of any representatives
retained for these purposes.

The inspections and tests may be conducted on the premises of the

tenderer or its subcontractor(s). If conducted on the premises of the
tenderer or its subcontractor(s), all reasonable facilities and assistance,
including access to drawings and production data, shall be furnished
tothe inspectors at no charge to KISII UNIVERSITY’ .

Should any inspected or tested services fail to conform to the

Specifications, KISII UNIVERSITY’ may reject the services, and the
tenderer shall either replace the rejected services or make alterations
necessary to meet specification requirements free of cost to KISII
UNIVERSITY’ .

Nothing in paragraph 3.7 shall in any way release the tenderer from any
warranty or other obligations under this Contract.

20
 Payment

3.7.1 The method and conditions of payment to be made to the tenderer under
this Contract shall be specified in SCC

Prices

3.8.1 Prices charged by the contractor for services performed under the
Contract shall not, with the exception of any Price adjustments
authorized in SCC, vary from the prices by the tenderer in its tender or
in KISII UNIVERSITY’ ’s request for tender validity extension as the
case may be. No variation in or modification to the terms of the
contract shall be made except by written amendment signed by the
parties.

Assignment

3.9.1 The tenderer shall not assign, in whole or in part, its obligations to
perform under this contract, except with KISII UNIVERSITY’ ’s prior
written consent.

Termination for Default

KISII UNIVERSITY’ may, without prejudice to any other remedy for

breach of Contract, by written notice of default sent to the tenderer,
terminate this Contract in whole or in part:
a) if the tenderer fails to provide any or all of the services within the
period(s) specified in the Contract, or within any extension thereof
granted by KISII UNIVERSITY’ .
b) if the tenderer fails to perform any other obligation(s) under the
Contract.
c) if the tenderer, in the judgment of KISII UNIVERSITY’ has
engaged in corrupt or fraudulent practices in competing for or in
executing the Contract.

In the event KISII UNIVERSITY’ terminates the Contract in whole or in

part, it may procure, upon such terms and in such manner as it deems
appropriate, services similar to those undelivered, and the tenderer shall
be liable to KISII UNIVERSITY’ for any excess costs for such similar
services.

Termination of insolvency

3.11.1 KISII UNIVERSITY’ may at the anytime terminate the contract by giving
written notice to the contractor if the contractor becomes bankrupt or
otherwise insolvent. In this event, termination will be without
21
 compensation to thecontractor, provided that such termination will not
produce or affect any right of action or remedy, which has accrued or
will accrue thereafter to KISII UNIVERSITY’ .

Termination for convenience

KISII UNIVERSITY’ by written notice sent to the contractor may

terminate the contract in whole or in part, at any time for its
convenience. The notice of termination shall specify that the termination
is for KISII UNIVERSITY’ convenience, the extent to which performance
of the contractor of the contract is terminated and the date on which
such termination becomes effective.

For the remaining part of the contract after termination KISII

UNIVERSITY’ may elect to cancel the services and pay to the contractor
on agreed amount for partially completed services.

Resolution of disputes

KISII UNIVERSITY’ ’s and the contractor shall make every effort to

resolve amicably by direct informal negotiations any disagreement or
dispute arising between them under or in connection with the contract.

If after thirty (30) days from the commencement of such informal

negotiations both parties have been unable to resolve amicably a
contract dispute either party may require that the dispute be referred for
resolution to the formal mechanisms specified in the SCC.

Governing Language

3.14.1 The contract shall be written in the English language. All

correspondence and other documents pertaining to the contract, which
are exchanged by the parties, shall be written in the same language.

Force Majeure

3.15.1 The contractor shall not be liable for forfeiture of its performance
security, or termination for default if and to the extent that its delay in
performance or other failure to perform its obligations under the
Contract is the result ofan event of Force Majeure.

22
 Applicable Law.

3.16.1 The contract shall be interpreted in accordance with the laws of Kenya
unless otherwise specified in the SCC

Notices

Any notices given by one party to the other pursuant to this contract
shall be sent to the other party by post or by fax or E-mail and
confirmed in writing to the other party’s address specified in the SCC

A notice shall be effective when delivered or on the notices effective date,

whichever is later.
SECTION IV SPECIAL CONDITIONS OF CONTRACT

Special conditions of contract shall supplement the general conditions of

contract, wherever there is a conflict between the GCC and the SCC, the
provisions of the SCC herein shall prevail over those in the GCC.

Special conditions of contract with reference to the general conditions of

contract.

General conditions Special conditions of contract

ofcontract reference
3.5 Performance security required will be 5% of
the contract value from a reputable bank
inthe form of a bank guarantee.
3.7 The payments will be made within thirty (30)
days from the receipt of invoice and after
satisfactory performance of services
3.8 There shall be no price adjustment and
variations in this contract
3.13 If both parties have been unable to
resolve disputes amicably the provisions of
the Arbitration Act of the laws of Kenya
3.16 The applicable law is the Laws of Kenya
3.17 THE VICE CHANCELLOR
KISII UNIVERSITY
P.O BOS 408-40200
KISII ,OFF KISII KILGORIS ROAD

23
SECTION V – DESCRIPTION OF SERVICES

PROVISION OF CENTRALIZED UPS

Terms of References

Introduction

This document sets out the Terms of Reference to be used by the successful
tenderer/ firm tasked with provision of CENTRALIZED UPS in Kisii University
main campus and her campuses where applicable.
The service provider is expected to adhere to and fulfill ALL the terms set out herein.

Core function
The University seeks to contract for services from suitably qualified
provider/firm t o provide CENTRALIZED UPS .

Overall objective of the consultancy

The overall objective of the assignment is provision of CENTRALIZED UPS and

IN Kisii University main campus.

24
 FORM OF TENDER Date

Tender No.

To……………………..

…………………………..

[Name and address of KISII

UNIVERSITY’ ]Gentlemen
and/or Ladies:

1. Having examined the tender documents including Addenda Nos. ... [insert
numbers,

the of which is hereby duly acknowledged, wed, the undersigned, offer to provide
…………………………………………………………………………………………………
……………

in conformity with the said tender documents for the sum of

…………………………………………………………………………………………………
…………… [total tender amount in words and figures]

or such other sums as may be ascertained in accordance with the Schedule

ofPrices attached herewith and made part of this Tender.

2. We undertake, if our Tender is accepted, to provide the services in accordance

with the services schedule specified in the Schedule of Requirements.

3. If our Tender is accepted, we will obtain the tender guarantee in a sum

equivalent to 5% percent of the Contract Price for the due performance of the
Contract, in the form prescribed by (KISII UNIVERSITY’ ).

4. We agree to abide by this Tender for a period of 120 days from the date fixed for
tender opening of the Instructions to tenderers, and it shall remain binding upon
us and may be accepted at any time before the expiration of that period.

5. Until a formal Contract is prepared and executed, this Tender, together with
your written acceptance thereof and your notification of award, shall constitute a
binding Contract between us.

Dated this day of 20

[signature] [In the capacity of]

Duly authorized to sign tender for and on behalf of

25
 PRICE SCHEDULE FOR THE SERVICES

ICT CENTRE BLOCK B

No. Item Total Qty Price Total Price
Description
100Kva/90Kw 3:3 Industrial Ups with
aminimum of 20mins on full load.
40pcs of 12V 200AH batteries each, Battery
1.00 cage included. 1.00
2.00 200A external manual bypass switch 1.00
3.00 Enclosure Box 1.00
4.00 250Amp 3phase MCCB 1.00
5.00 35mm shoe lugs (Pieces) 300.00
6.00 35mm2 4 Core armored cable (Meters) 30.00
200mm x 50mm galvanized cable tray +
7.00 Brackets 5.00
8.00 Insulation Tape (Red, Yellow, Blue, Black each) 1.00
9.00 32L Metallic cable glands 1.00
Any other materials required to complete the
10.00 installation 1.00
11.00 Transport and sundries 1.00
Installation, Wiring, Load balancing, Testing
12.00 andCommissioning 1.00

SUB TOTAL
GoK 16%
VAT
TOTAL SUM

Signature of tenderer

Tenderer’s Rubber stamp

Date

26
 CONTRACT FORM

THIS AGREEMENT made the day of 20 between …………[name of

procurement entity] of ……………..[country of Procurement entity](hereinafter
called “the KISII UNIVERSITY’ ”) of the one part and ……………………[name of
tenderer] of
……….[city and country of tenderer](hereinafter called “the tenderer”) of the other
part.

WHEREAS the KISII UNIVERSITY’ invited tenders for certain materials and spares.
Viz……………………..[brief description of materials and spares] and has accepted a
tender by the tenderer for the supply of those materials and spares in the spares in
the sum of ................................................... [contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings
as are respectively assigned to them in the Conditions of Contract referred
to.

2. The following documents shall be deemed to form and be read

andconstrued as part of this Agreement, viz.:

a) ) the Tender Form and the Price

Schedule submitted by the tenderer;
b) ) the Schedule of Requirements;
c) the Technical Specifications;
d) ) the General Conditions of Contract;
e) ) the Special Conditions of Contract; and
f) the KISII UNIVERSITY’ ’s Notification of Award.

3. In consideration of the payments to be made by the KISII UNIVERSITY’ to the

tenderer as hereinafter mentioned, the tenderer hereby covenants with the
KISII UNIVERSITY’ to provide the materials and spares and to remedy
defects therein in conformity in all respects with the provisions of the Contract

4. The KISII UNIVERSITY’ hereby covenants to pay the tenderer in consideration

of the provision of the materials and spares 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.

In witness whereof the parties hereto have caused this Agreement to be

executed in accordance with their respective laws the day and year first
above written.

Signed, sealed, delivered by the (for the KISII UNIVERSITY’ )

Signed, sealed, delivered by the (for the tenderer)

in the presence of .

27
 CONFIDENTIAL BUSINESS QUESTIONNAIRE

You are requested to give the particulars indicated in Part 1 and

eitherPart 2 (a), 2(b) or 2(c) whichever applied to your type of business.

You are advised that it is a serious offence to give false information on

this form.

Part 1 General

Business Name
Location of Business Premises
Plot No, .......................................................... Street/Road
Postal address ........................Tel No. ................................. Email…………….
Nature of
Business
Registration
Certificate
No.
Maximum value of business which you can handle at
any one time – Kshs. Name of your bankers
Branch

Part 2 (a) – Sole Proprietor

Your name in full……………………….Age………………………………………….
Nationality……………………………Country of Origin……………………………..
Citizenship details
…………………………………………………….
.
Part 2 (b) – Partnership
Given details of partners as follows
Name Nationality Citizenship details Shares
1. …………………………………………………………………………………………
2. …………………………………………………………………………………………
3. …………………………………………………………………………………………
4. …………………………………………………………………………………………

Part 2 (c) – Registered

Company Private or Public
State the nominal and issued capital
ofcompany Nominal Kshs.
Issued Kshs.
Given details of all directors as follows
Name Nationality Citizenship details Shares
1. …………………………………………………………………………………………
2. …………………………………………………………………………………………
3. …………………………………………………………………………………………
4. …………………………………………………………………………………………

Date……………………………………….Signature of Candidate………………………..

28
TENDER-SECURITY FORM

Whereas [name of Bidder] (hereinafter called <the tenderer> has submitted its bid
dated [date of submission of bid] for the provision of insurance services (hereinafter
called <the tender?

KNOW ALL PEOPLE by these presents that WE [name of bank] of [name of

country], having our registered office at [name of procuring entity] (hereinafter
called <the procuring entity> in the sum of [state the amount] for which payment
well and truly to be made to the said procuring entity, the Bank binds itself, its
successors, and assigns by these presents. Sealed with the Common Seal of
the said Bank this day of 20

THE CONDITIONS of this obligation are:-

1. If the tenderer withdraws its tender during the period of tender validity
specified by the procuring entity on the Form; or

2. If the tender, having been notified of the acceptance of its tender by

the procuring entity during the period of tender validity

(a) fails or refuses to execute the Contract Form, if required; or

(b) fails or refuses to furnish the performance security, in accordance
withthe Instructions to tenders.

We undertake to pay to the procuring entity up to the above amount upon receipt
of its first written demand, without the procuring entity having to substantiate its
demand, provided that in its demand the procuring entity will note that the
amount claimed by it is due to it, owing to the occurrence of one or both of the
conditions, specifying the occurred condition(s)

This tender guarantee will remain in force up to and including thirty (30) days after
the period of tender validity, and any demand in respect thereof should reach the
Bank not later than the above stated date.

[Authorized Signatories and official stamp of the Bank]

(Amend accordingly if provided by Insurance Company)

29
 PERFORMANCE SECURITY FORM

To: ……………………………………………………………………………………………..

[name of the KISII

UNIVERSITY’ ] Whereas ................. [name of tenderer]

(hereinafter called “the tenderer”) has undertaken, in pursuance of

ContractNo. [reference number of the contract] dated
20 to

supply……………………………………………………………………………………..

[Description services](Hereinafter called “the contract”)

And whereas it bas been stipulated by you in the said Contract that the tenderer
shall furnish you with a bank guarantee by a reputable bank for the sum specified
therein as security for compliance with the Tenderer’s performance
obligations in accordance with the Contract.

And whereas we have agreed to give the tenderer a guarantee:

Therefore we hereby affirm that we are Guarantors and responsible to you,

onbehalf of the tenderer, up to a total of
…………………………………………………….
[amount of the guarantee in words andfigures],

and we undertake to pay you, upon your first written demand declaring the
tenderer to be in default under the Contract and without cavil or argument,
any sum or sums within the limits of ……………………….. [amount of guarantee] as
aforesaid, without your needing to prove or to show grounds or reasons for your
demand or the sum specified therein.

This guarantee is valid until the day of 20…………

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly ifprovided by Insurance Company)

30
 BANK GUARANTEE FOR ADVANCE PAYMENT

To…………………………

[name of tender]………………………………………

Gentlemen and/or Ladies:

In accordance with the payment provision included in the special conditions of

contract, which amends the general conditions of contract to provide for advance
payment,…………………………………………………………………

[name and address of tenderer][hereinafter called “the tenderer”] shall deposit

with the KISII UNIVERSITY’ a bank guarantee to guarantee its proper and
faithful performance under the said clause of the contract in an
amount of
…………………………………………………………………………………………
[amount of guarantee in figures and words].
We,the ………………………………………………………………………………

[bank or financial institution], as instructed by the tenderer, agree unconditionally

and irrevocably to guarantee as primary obligator and not as surety
merely, the payment to the KISII UNIVERSITY’ on its first demand without
whatsoever right of objection on our part and without its first claim to the
tenderer, in the amount not exceeding
[amount of guarantee in figures and words].

We further agree that no change or addition to or other modification of the terms

of the Contract to be performed there under or of any of the Contract documents
which may be made between the KISII UNIVERSITY’ and the tenderer, shall in
any way release us from any liability under this guarantee, and we hereby
waive notice of any such change, addition, or modification.

This guarantee shall remain valid and in full effect from the date of the advance
payment received by the tenderer under the Contract until [date].

Yours truly,

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

31
 LETTER OF NOTIFICATION OF AWARD
Address of KISII UNIVERSITY’

To:

RE: Tender No.

Tender Name
This is to notify that the contract/s stated below under the above
mentionedtender have been awarded to you.

1. Please acknowledge receipt of this letter of notification signifying

youracceptance.
2. The contract/contracts shall be signed by the parties within 30 days of
the date of this letter but not earlier than 14 days from the date of the letter.
3. You may contact the officer(s) whose particulars appear below on the
subjectmatter of this letter of notification of award.

(FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER

32
 SELF DECLARATION THAT THE PERSON/TENDERER IS NOT DEBARRED IN
THE MATTER OF THE PUBLIC PROCUREMENT AND ASSET DISPOSAL ACT
2025.

I, ……………………………………., of Post Office Box

…….……………………….being a resident of ……………………………….. in the

Republic of .......................................do hereby make a statement as follows: -

1. THAT I am the Company Secretary/ Chief Executive/Managing Director/Principal

Officer/Director of ………....……………………………….. (insert name of the Company)

who is a Bidder in respect of Tender No. …………………..

for……………………..(insert tender title/description) for ……………………..( insert

name of the Procuring entity) and duly authorized and competent to make

thisstatement.

2. THAT the aforesaid Bidder, its Directors and subcontractors have not been

debarred from participating in procurement proceeding under Part IV of the Act.

3. THAT what is deponed to hereinabove is true to the best of my

knowledge,information and belief.

………………………………….

……………………………….

(Title) (Signature) (Date) Bidder Official Stamp

33
SELF DECLARATION THAT THE PERSON/TENDERER WILL NOT ENGAGE IN
ANY CORRUPT OR FRAUDULENT PRACTICE.

I, …………………………………….of P. O. Box ..................................... being a resident

of ………………………………….. in the Republic of .......................... do hereby make
a statement as follows:-

1. THAT I am the Chief Executive/Managing Director/Principal Officer/Director

of………....………………………… (insert name of the Company) who is a Bidder in
respect of Tender No. ………………….. for ……………………..(insert tender
title/description) for ………………( insert name of the Procuring entity) and
dulyauthorized and competent to make this statement.

2. THAT the aforesaid Bidder, its servants and/or agents /subcontractors will not
engage in any corrupt or fraudulent practice and has not been requested to pay any
inducement to any member of the Board, Management, Staff and/or employees
and/or agents of ……………………..( insert name of the Procuring entity) which
isthe procuring entity.

3. THAT the aforesaid Bidder, its servants and/or agents /subcontractors have not
offered any inducement to any member of the Board, Management, Staff and/or
employees and/or agents of ............................. (name of the procuring entity)

4. THAT the aforesaid Bidder will not engage /has not engaged in any corrosive
practice with other bidders participating in the subject tender.

5. THAT what is deponed to hereinabove is true to the best of my

knowledge information and belief.

…………………………………………………………
………………………… ………
(Title) (Signature) (Date Bidder’s Official
Stamp

34
 FORM NO. 8 BENEFICIAL OWNERSHIP DISCLOSURE FORM

INSTRUCTIONS TO TENDERERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED

THE FORM

This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful

tenderer. In case of joint venture, the tenderer must submit a separate Form for each
member. The beneficial ownership information to be submitted in this Form shall be current
as of the date of its submission.

For the purposes of this Form, a Beneficial Owner of a Tenderer is any natural person who
ultimately owns or controls the Tenderer by meeting one or more of the following conditions:

• Directly or indirectly holding 25% or more of the shares.

• Directly or in directly holding 25% or more of the voting rights.
• Directly or indirectly having the right to appoint a majority of the board of directors or
equivalent governing body of the Tenderer.

Tender Reference No.: [insert identification no] Name of the

Assignment: [insert name of the assignment] to: [insert
complete name of Procuring Entity]

In response to your notification of award dated [insert date of notification of award] to furnish
additional information on beneficial ownership: [select one option as applicable and delete the
options that are not applicable]

I) We here by provide the following beneficial ownership information.

Details of beneficial ownership

Identity of Beneficial Directly or Directly or indirectly Directly or indirectly having the right
Owner indirectly holding holding 25 % or more to appoint a majority of the board of
25% or more of the of the Voting Rights the directors or an equivalent
shares (Yes / No) governing body of the Tenderer
(Yes / No) (Yes / No)

[include full name (last,

middle, first),
nationality, country of
residence]

OR

ii) We declare that there is no Beneficial Owner meeting one or more of the following conditions: directly or
indirectly holding 25% or more of the shares. Directly or indirectly holding 25% or more of the voting rights.
Directly or indirectly having the right to appoint a majority of the board of directors or equivalent governing
body of the Tenderer.

OR
We declare that we are unable to identify any Beneficial Owner meeting one or more of the following conditions.
[If this option is selected, the Tenderer shall provide explanation on why it is unable to identify any Beneficial
Owner]

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Directly or indirectly holding 25% or more of the shares. Directly or indirectly holding25% or more of the voting
rights.

Directly or indirectly having the right to appoint a majority of the board of directors or equivalent governing body
of the Tenderer]”

Name of the Tenderer ......................... *[insert complete name of the Tenderer]

Name of the person duly authorized to sign the Tender on behalf of the Tenderer: ** [insert complete name of
person duly authorized to sign the Tender]

Title of the person signing the Tender: ........................ [insert complete title of the person signing the Tender]

Signature of the person named above ......................... [insert signature of person whose name and capacity are
shown
above]

Date signed ....................... [insert date of signing] day of ....................... [Insert month], [insert year]

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