PROVISION OF EVENTS MANAGEMENT SERVICES. TENDER NO.KRA/HQS/NCB-005/

Transcription

1 PROVISION OF EVENTS MANAGEMENT SERVICES. TENDER NO.KRA/HQS/NCB-005/ TIMES TOWER BUILDING P.O. BOX TEL: NAIROBI, KENYA. AUGUST, 2017 PREBID DATE: 5TH SEPTEMBER, 2017 TIME: AM CLOSING DATE: 19TH SEPTEMBER, 2017 TIME: 11:00 AM 1

2 TABLE OF CONTENTS SECTION I INVITATION TO TENDER... 3 SECTION II - INSTRUCTION TO TENDERERS... 4 APPENDIX TO INSTRUCTIONS TO TENDERERS...14 SECTION III - GENERAL CONDITIONS OF CONTRACT...16 SECTION V - TECHNICAL SPECIFICATIONS...20 MANDATORY REQUIREMENTS...24 TENDER EVALUATION CRITERIA...26 SECTION VI - SCHEDULE OF REQUIREMENTS... Error! Bookmark not defined. SECTION VIII - STANDARD FORMS... Error! Bookmark not defined. CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM...33 CONTRACT FORM...37 PERFORMANCE SECURITY FORM...38 BANK GUARANTEE FOR ADVANCE PAYMENT FORM...39 LETTER OF NOTIFICATION OF AWARD

3 SECTION I INVITATION TO TENDER DATE TENDER REF NO. KRA/HQS/NCB-005/ TENDER NAME: TWO YEAR FRAMEWORK CONTRACT FOR PROVISION OF EVENTS MANAGEMENT SERVICES The Kenya Revenue Authority invites sealed bids from eligible candidates for PROVISION OF EVENTS MANAGEMENT SERVICES. A complete set of tender documents may be obtained by interested candidates upon payment of non-refundable fees of Kenya Shillings One Thousand (Ksh.1,000.00) in cash or Bankers Cheque payable to Commissioner General. Bidder may download the tender documents free of charge from the Kenya Revenue Authority website Bidders who download the tender documents must forward their particulars immediately for records and communication of any tender clarifications or addenda to eprocurement@kra.go.ke. Completed tender documents are to be enclosed in plain sealed envelopes marked with tender reference number and be deposited in the Tender Box on Ground Floor, Times Tower Building, Haile Selassie Avenue, Nairobi, or be addressed to Kenya Revenue Authority, Procurement & Supplies Services Division, Haile Selassie Avenue, Times Tower, 25 th Floor so as to be received on or before 19 th September, 2017 at 11:00 AM. A pre-bid briefing will be held on Tuesday 5 th September, 2017 at 10:00am in the Convention Centre on 5 th Floor, Times Tower. You are encouraged to attend the briefing. For more information on this tender notice, details, requirements, tendering procedures and guidelines and tender documents please visit our website at Prices quoted should be net, inclusive of all taxes and delivery costs, and must be in Kenya Shillings (or any other easily convertible currency) and shall remain valid for 150 days from the closing date of the tender. Tenders will be opened immediately thereafter in the presence of the Candidates or their representatives who choose to attend at the Convention Centre on 5 th Floor, Times Tower. For: Commissioner General Kenya Revenue Authority 3

4 SECTION II- INSTRUCTION TO TENDERERS 2.1. Eligible Tenderers This Invitation to Tender is open to all bidders. 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 The Kenya Revenue Authority (KRA) 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 131 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 KRA 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 to Tender Tenderers involved in the corrupt or fraudulent practices or debarred from participating in public procurement shall not be eligible. 2.2 Cost of Tendering The Tenderer shall bear all costs associated with the preparation and submission of its tender, and KRA, will in no case be responsible or liable for those costs regardless of the conduct or outcome of the tendering process The price to be charged for the tender document shall not exceed Kshs.1,000/= 2.3 Contents of Tender Document The tender documents comprise the documents listed below and an addenda that may be issued in accordance with clause 2.5 of these instructions to tenderers. (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 Security (xi) Performance Security Form (xii) Declaration Form The Tenderer is expected to examine all instructions, forms, terms and specification in the tender documents. Failure to furnish all information required by the tender documents or to 4

5 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. 2.4 Clarification of Tender Documents A Candidate making inquiries of the tender documents may notify KRA by post, fax or by at the KRA s address indicated in the Invitation to Tender. KRA will respond in writing to any request for clarification of the tender documents, which it receives not later than seven (7) days prior to the deadline for the submission of the tenders, prescribed by the KRA. Written copies of the KRA s response (including an explanation of the query but without identifying the source of inquiry) will be sent to all candidates who have received the tender documents KRA shall reply to any clarifications sought by the tenderer within 7 days of receiving the request to enable the tenderer to make timely submission of its tender Preference where allowed in the evaluation of tenders shall not exceed 15%. 2.5 Amendment of Tender Documents At any time prior to the deadline for submission of tenders, KRA, for any reason, whether at its own initiative or in response to a clarification requested by a prospective tenderer, may modify the tender documents by issuing and addendum All prospective tenderers who will have obtained the tender documents will be notified of the amendment by post, fax or 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, KRA, at its discretion, may extend the deadline for the submission of tenders. 2.6 Language of Tenders The tender prepared by the tenderer, as well as all correspondence and documents relating to the tender exchanged by the tenderer and KRA, 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. 5

6 2.7. 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 2.8, 2.9 and 2.10 below (b) Documentary evidence established in accordance with paragraph that the tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted; (c) Tender security furnished in accordance with paragraph 2.12 (if applicable) (d) Declaration Form Form of Tender The tenderer shall complete the Tender Form and the Price Schedule furnished in the tender documents, indicating the services to be provided Tender Prices The tenderer shall indicate on the form of tender and the appropriate Price Schedule the unit prices and total tender price of the services it proposes to provide under the contract Prices indicated on the Price Schedule shall be the cost of the services quoted including all duties, 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 tender price will be treated as non-responsive and will be rejected, pursuant to paragraph Tender Currencies Prices shall be quoted in Kenya Shillings Tenderers Eligibility and Qualifications Pursuant to paragraph 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 it s tender is accepted The documentary evidence of the tenderer s qualifications to perform the contract if its tender is accepted shall establish to KRA 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 Appendix to Instructions to Tenderers. 6

7 The tender security shall not exceed 2 per cent of the tender price. Tender security is not required for this tender. Bidders are required to submit a duly signed Tender Securing Declaration Form and must be valid for 150 days from the date the tender closes The tender security is required to protect the KRA against the risk of Tenderer s conduct which would warrant the security s forfeiture, pursuant to paragraph The tender security shall be a Bank guarantee issued by a commercial bank operating in Kenya, a deposit taking micro-finance Institution, Sacco Society, The Youth Enterprise Development Fund, approved Insurance Companies or Women Enterprise Fund Any tender not secured in accordance with paragraph and shall be rejected by KRA as non-responsive, pursuant to paragraph Unsuccessful Tenderer s tender 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 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 The tender security may be forfeited: (a) (b) (c) If a tenderer withdraws its tender during the period of tender validity. In the case of a successful tenderer, if the tenderer fails: (i) to sign the contract in accordance with paragraph 2.29 or (ii) to furnish performance security in accordance with paragraph If the tenderer reject correction of an arithmetic error in the tender Validity of Tenders Tenders shall remain valid for 120 days after date of tender opening pursuant to paragraph A tender valid for a shorter period shall be rejected by KRA as non-responsive In exceptional circumstances, KRA 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 granting the request will not be required nor permitted to modify its tender Format and Signing of Tenders The tenderer shall prepare an original and a copy of the Combined Technical and Financial Proposal, clearly marking each ORIGINAL TENDER and COPY OF TENDER, as appropriate. In the event of any discrepancy between them, the original shall govern 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 7

8 contract. All pages of the tender, except for un-amended printed literature, shall be initialed by the person or persons signing the tender. All pages of the tender shall be serialized 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 original and the copy of the tender in separate envelopes, duly marking the envelopes as ORIGINAL TENDER and COPY OF TENDER. The envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall: (a) (b) be addressed to Kenya Revenue Authority at the address given in the Invitation to Tender paragraph 1.6. bear tender number and name in the invitation to tender and the words, DO NOT OPEN BEFORE September 19 th, 2017 at a.m The inner envelopes shall also indicate the name and address of the tenderer to enable the tender to be returned unopened in case it is declared late If the outer envelope is not sealed and marked as required by paragraph , KRA will assume no responsibility for the tender s misplacement or premature opening Deadline for Submission of Tenders Tenders must be received by KRA at the address specified under paragraph not later than September 19 th, 2017 at a.m KRA may, at its discretion, extend this deadline for the submission of tenders by amending the tender documents in accordance with paragraph in which case all rights and obligations of KRA and candidates previously subject to the deadline will thereafter be subject to the deadline as extended Bulky tenders which will not fit the tender box shall be received by KRA 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 tenders, is received by KRA prior to the deadline prescribed for submission of tenders The tenderer s modification or withdrawal notice shall be prepared, sealed, marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent by fax or but followed by a signed confirmation copy, postmarked not later than the deadline for submission of tenders. 8

9 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. Withdrawal of a tender during this interval may result in the Tenderer s forfeiture of its tender security, pursuant to paragraph Opening of Tenders KRA will open all tenders in the presence of tenderers representatives who choose to attend, at a.m September 19 th, 2017 and in the location specified in the invitation for tenders. 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 security and such other details as KRA, at its discretion, may consider appropriate, will be announced at the opening KRA will prepare minutes of the tender opening, which will be submitted to 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 KRA 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 of the tender shall be sought, offered, or permitted Any effort by the tenderer to influence KRA in tender evaluation, tender comparison or contract award decisions may result in the rejection of the tenderers tender Preliminary Examination and Responsiveness KRA will examine the tenders to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the tenders are generally in order Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail, and the total price shall be corrected. If the candidate does not accept the correction of the errors, its tender will be rejected, and its tender security forfeited. If there is a discrepancy between words and figures, the amount in words will prevail KRA may waive any minor informality or non-conformity 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. 9

10 Prior to the detailed evaluation, pursuant to paragraph 2.20, KRA 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 KRA s determination of a tender s responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence If a tender is not substantially responsive, it will be rejected by KRA and may not subsequently be made responsive by the tenderer by correction of the nonconformity Conversion to single currency Where other currencies are used, KRA 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 KRA will evaluate and compare the tenders which have been determined to be substantially responsive, pursuant to paragraph KRA 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 (a) Operational plan proposed in the tender; (b) Deviations in payment schedule from that specified in the Special Conditions of Contract Pursuant to paragraph the following evaluation methods will be applied. 1. Operational Plan (i) KRA requires that the services under the Invitation for Tenders shall be performed at the time specified in the Schedule of Requirements. Tenders offering to perform longer than KRA s required delivery time will be treated as non-responsive and rejected. 2. Deviation in payment schedule (i) Tenderers shall state their tender price for the payment on 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. KRA may consider the alternative payment schedule offered by the selected tenderer. 10

11 The tender evaluation committee shall evaluate the tender within 30 calendar days from the date of opening the tender Contacting the Procuring entity Subject to paragraph 2.19 no tenderer shall contact KRA 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 KRA in its decisions on tender evaluation, tender comparison, or contract award may result in the rejection of the Tenderers tender Post-qualification KRA will verify and 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 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 , as well as such other information as KRA deems necessary and appropriate 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 KRA will proceed to the next lowest evaluated tender to make a similar determination of that Tenderer s capabilities to perform satisfactorily Award Criteria Subject to paragraph 2.29 KRA 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 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. 11

12 2.26. Procuring Entity s Right to Accept or Reject any or All Tenders KRA 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 KRA s action. If KRA determines that none of the tenders is responsive, KRA shall notify each tenderer who submitted a tender KRA 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 A tenderer who gives false information in the tender document about his 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, KRA 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 KRA pursuant to clause 2.9. Simultaneously the other tenderers shall be notified that their tenders were not successful Upon the successful Tenderer s furnishing of the performance security pursuant to paragraph 2.29 KRA will promptly notify each unsuccessful Tenderer and will discharge its tender security, pursuant to paragraph Signing of Contract At the same time as KRA notifies the successful tenderer that its tender has been accepted, KRA will simultaneously inform the other tenderers that their tenders have not been successful Within Seven (7) days of receipt of the Contract Form, the successful tenderer shall sign and date the contract and return it to KRA The contract will be definitive upon its signature by the two parties 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 The successful tenderer may be requested to furnish the performance security in accordance with the Conditions of Contract, in a form acceptable to KRA Failure by the successful tenderer to comply with the requirement of paragraph 2.29 or paragraph shall constitute sufficient grounds for the annulment of the award and 12

13 forfeiture of the tender security, in which event KRA may make the award to the next lowest evaluated tender or call for new tenders Corrupt or Fraudulent Practices KRA 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 KRA will reject a proposal for award if it determines that the tenderer recommended for award has engaged in corrupt or fraudulent practices in competing for 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

14 APPENDIX TO INSTRUCTIONS TO TENDERERS The following information for procurement of services shall complement or amend the provisions of the instructions to tenderers. Wherever there is a conflict between the provisions of the instructions to tenderers and the provisions of the appendix, the provisions of the appendix herein shall prevail over those of the instructions to tenderers. INSTRUCTIONS TO TENDERERS REFERENCE PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS The tender is open to all providers of Event Management Services The Declaration of No Conflict of Interest is incorporated in the Confidential Business Questionnaire The bid document shall be charged Kshs.1, 000 per set. Bidders must submit a Tender Security of Kshs.160, and must be valid for 180 days from the date the tender closes Bid Validity Period is 150 days from September 19 th, 2017 at a.m The bidder must provide an appropriate written power of attorney establishing the authorization of the signatory to the tender documents to bind the bidder where applicable Bulky tenders which will not fit in the tender box shall be received by KRA in the Procurement Office on 25 th floor Times Tower Building This tender is based on One (1) bid envelope system. The bidder/s are required submit a bid which has combined technical proposal and financial proposal in one envelope. Bids are required to be submitted in two (2) copies. I.e. one original and one copy Time, date, and place for bid opening are: 11:00 hours local time, on 19 th Sept, 2017 Place: Convention Centre 5 th Floor Times Tower Building Street: Haile Selassie Avenue City: Nairobi Country: Kenya Opening of tender documents will be done in public at the time of closing the tender Bidders are expected to examine all instructions, forms, terms, specifications, and other information in the Bidding Documents. Failure to furnish all information required by the Biddinig Documents or to submit a bid not substantially responsive to the Bidding Documents in every respect will be at the Bidder s risk and may result in the rejection of its bid. 14

15 2.25 Preference KRA will not grant any preferences Award shall be lowest evaluated bidder The performance security required will be 10% of the Contract Value. 15

16 SECTION III - GENERAL CONDITIONS OF CONTRACT 3.1. Definitions In this Contract, the following terms shall be interpreted as indicated: (a) (b) (c) (d) (e) (f) (g) (h) The Contract means the agreement entered into between KRA 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. The Contract Price means the price payable to the tenderer under the Contract for the full and proper performance of its contractual obligations The Services means services to be provided by the tenderer including any documents, which the tenderer is required to provide to KRA under the Contract. The Procuring entity means the organization procuring the services under this Contract The Contractor means the organization or firm providing the services under this Contract. GCC means the General Conditions of Contract contained in this section. SCC means the Special Conditions of Contract Day means calendar day Application These General Conditions shall apply to the extent that they are not superseded by provisions of other part of the contract 3.3. Standards The services provided under this Contract shall conform to the standards mentioned in the schedule of requirements Use of Contract Documents and Information The Contractor shall not, without KRA s prior written consent, disclose the Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of KRA in connection therewith, to any person other than a person employed by the contractor in the performance of the Contract. 16

17 3.4.2 The Contractor shall not, without KRA s prior written consent, make use of any document or information enumerated in paragraph above Any document, other than the Contract itself, enumerated in paragraph shall remain the property of KRA and shall be returned (all copies) to KRA on completion of the contract s or performance under the Contract if so required by KRA Patent Rights The Contractor shall indemnify KRA against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the services under the contract or any part thereof. 3.6 Performance Security Within ten (10) days of receipt of the notification of Contract award, the successful tenderer shall furnish to KRA the performance security where applicable in the amount specified in SCC The proceeds of the performance security shall be payable to KRA as compensation for any loss resulting from the Tenderer s failure to complete its obligations under the Contract The performance security shall be in the form of a Bank guarantee issued by a commercial bank operation in Kenya. The performance guarantee shall be submitted within 10 days of notification of award The performance security will be discharged by the KRA and returned to the Candidate not later than thirty (30) days following the date of completion of the Contractor s performance of obligations under the Contract, including any warranty obligations, under the Contract Delivery of Services and Documents Delivery of the services shall be made by the Contractor in accordance with the terms specified by KRA in the schedule of requirements and the special conditions of contract Payment The method and conditions of payment to be made to the contractor under this Contract shall be specified in SCC Payment shall be made promptly by KRA, but in no case later than thirty (30) days after submission of an invoice or claim by the contractor. 17

18 3.9. Prices Price 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 quoted by the tenderer in its tender or in the procuring entity 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 amendments signed by the parties 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 25% of the original contract price Price variation requests shall be processed by KRA 30 days of receiving the request Assignment The Contractor shall not assign, in whole or in part, its obligations to perform under this Contract, except with KRA s prior written consent Termination for Default KRA may, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Contractor terminate this Contract in whole or in part: (a) (b) (c) If the Contractor fails to provide any or all of the services within the period(s) specified in the Contract, or within any extension thereof granted by KRA. If the Contractor fails to perform any other obligation(s) under the Contract. If the Contractor in the judgment of KRA has engaged in corrupt or fraudulent practices in competing for or in executing the contract In the event KRA 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 un-delivered, and the Contractor shall be liable to KRA for any excess costs for such similar services. However the contractor shall continue performance of the contract to extent not terminated Termination for Insolvency KRA may at any time 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 compensation to the contractor, provided that such termination will not prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to KRA. 18

19 3.13. Termination for Convenience KRA 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 KRA s 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 KRA may elect to cancel the services and pay to the contractor an agreed amount for partially completed services Resolution of Disputes KRA and the contractor shall make every effort to resolve amicably by direct informal negotiations and disagreement or disputes 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 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 Applicable Law The contract shall be interpreted in accordance with the laws of Kenya unless otherwise expressly specified in the SCC Force Majeure The Contractor shall not be liable for forfeiture of its performance security, or termination for default if and to the extent that it s delay in performance or other failure to perform it s obligations under the Contract is the result of an event of Force Majeure 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 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. 19

20 5.1 General SECTION V - TECHNICAL SPECIFICATIONS The specifications describe the requirements for services The tenderers are requested to present information along with their offers as follows: (i) 5.2 Particulars Shortest possible delivery period of each service Kenya Revenue Authority is intending to procure events management services as detailed in the Terms of Reference. 5.3 Technical Requirements: This tender covers the procurement of events management services; supply, installation and removal (after the function) of the related items for all corporate events for a period two years. The rate card gives the minimum clause-by-clause technical specifications. Bidders are required to duly fill in the table under the Bidder s Response column to respond, irrespective of any attachments included. Failure to conform to this condition will render the bid being treated as non-responsive. 20

21 TERMS OF REFERENCE FOR EVENTS MANAGEMENT SERVICES 1. Background Information Kenya Revenue Authority carries out events from time to time. The events are of var yin g formats and magnitude depending on the objective. These include: Launches, conferences and meetings, staff events, exhibitions and expos, awards, summits, tax round Tables among others. The roles of the events manager differ from one event to another. The Authority is seeking a suitable service provider in the events management industry. 2. Overview The Kenya Revenue Authority is seeking to engage the services of an integrated events management agency to provide elements of these events that will conceptualization, planning and implementation and evaluation of corporate events with following objectives: - Production of first class events - Value addition of the event to the Authority s overall corporate mandate - Carry out events with lasting impression on minds of audiences - Create sustainability of the KRA s brand through events 3. Scope The following Terms of References provide a general guide that are to be applied to any of the events; 1. Work closely with the Marketing & Communication (M&C) at KRA on the brief of the event 2. Assist in the development of the concept for the event in question 3. Guide in defining specific implementation plans that promote the success of the event in line with the agreed concept. 4. Identify, negotiate and manage strategic partnerships and resources required for the event 5. Work with the M&C Department in coordinating, and supervising the production of materials for events. 6. Take responsibility for the event s logistics in reference to providing for the elements provided and those provided for by the Authority including: a. Undertaking venue logistics advice on venue, meeting room arrangements, ensure all audio-visual equipment availability and arrangement, liaison with venue with respect to all events b. Assistance with preparation of event material production and distribution of programmes, fliers, brochures, give aways, banners, etc as necessary. 7. Support and provide assistance with the event communication programme before, during and after event in liaison with the Authority 8. Negotiate agreements with third party suppliers (where applicable) and ensure best cost and highest quality service. This includes managing service level agreements. 9. Supervise and coordinate activities of personnel, sub-contractors and vendors as required to successfully execute all aspects of the event 10. Undertake other ad hoc tasks related to the smooth running of the events when they arise 11. Identify event risks and plan mitigation measures for the event 12. Undertake evaluation of the event. 13. Do post-event analysis, document and share lessons learnt with the Authority in a detailed report. 21

22 4. Objectives The objectives of the events management services are; 1. Production of first class events 2. Value addition of the event to the Authority s overall corporate mandate 3. Carry out events with lasting impression on minds of audiences 4. Create sustainability of the KRA s brand through events 5. Implementation timelines The events will take place in October 2017 with others taking place during the Financial year. 6. Training and Skills Transfer Not applicable 7. Implementation Support The elements service provider for the event is expected to: 1. Present a concept for the events management services, of among other events, the Award and Luncheon Ceremony, for the following aspects: a. Liaise with venue for all the logistical aspects of the events b. Ensure provision breakout rooms, media rooms, holding and secretariat rooms. c. Registration the participants 2. Present an implementation plan that shows how the event concept will be executed before, during and reporting after the event. 3. Itemize the resources required for the event, suppliers that will be involved and propose a coordination plan for all. 4. Clearly outline a monitoring and evaluation mechanism that will help determine the success of the event. 5. Provide a breakdown of costs to achieve the proposed concept. Page 22 of 40

23 Instructions on Submission of Bids i. The Tenderer must submit a one (1) envelope bid in the following format: Proposal comprising of the following documents presented in the order given: Part A B C D E F G H I J K L Document Tender Notice/Invitation to Tender Tender Security- Kshs 160, valid for 180 days from date of opening Duly Filled, Signed and Stamped Confidential Business Questionnaire Duly filled form of tender Power of Attorney (Sole Proprietors Exempted) Attach copy of Incorporation or Registration of Business. Reference Letter from Bank Confirming operation of an active account Valid Tax Compliance Certificate. Submit a copy of certificate of membership to an event management organization. Clause-by-Clause response for the requirements in Section V Duly filled Form of tender Attach Brochures, Catalogues and Write-ups which should be cross referenced to the technical and concept requirements. Sealing and Marking of the Bid: The inner envelopes should be clearly marked as follows: ORIGINAL TENDER (combined Technical & Financial) COPY OF TENDER (combined Technical & Financial) A KRA/HQS/NCB-005/ B KRA/HQS/NCB-005/ The envelopes shall then be sealed in an outer envelope and addressed to: COMMISSIONER GENERAL KENYA REVENUE AUTHORITY Page 23 of 40

24 TECHNICAL SPECIFICATIONS CLAUSE BY CLAUSE REQUIREMENTS (Maximum scores 50 marks) This section contains the detailed specifications of the Event management and understanding of the concept. Bidders are requested to study each section and provide their proposals that best address the KRA requirements. Bidders are requested to provide additional information, attachments/brochures to support their responses on each of the clause by clause requirements. Bidders are requested to cross reference their responses by indicating the page number (in the clause by clause bidder s response column of the attachments or brochures where such documents are provided. Responses such as yes, no, comply without detailed explanation will be considered non responsive. The tenders submitted shall be subjected to four stages of evaluation process as shown below: 1. Tender Responsiveness Criteria 2. Technical evaluation 3. Concept evaluation 4. Financial evaluation (a)tender Responsiveness Criteria MANDATORY REQUIREMENTS 1. Submission of Tender Documents Tender Security- Kshs 160, valid for 180 days from date of opening. Duly Filled, Signed and Stamped Confidential Business Questionnaire. Duly filled form of tender Power of Attorney (Sole Proprietors Exempted) ` Company Profile Attach copy of Incorporation or Registration of Business. Proof of Financial Resources Submit: Reference Letter from Bank Confirming operation of an active account. Social Obligations Submit: Valid Tax Compliance Certificate. 5. Professional Membership Submit a copy of certificate of membership to an event management organization. Page 24 of 40

25 (b) Vendor Evaluation Criteria The following criteria will be used in evaluation of all potential suppliers. The documents submitted will be evaluated for suitability and awarded marks which will contribute to a maximum of 20% of the total tender evaluation. Criterion A) Experience of the firm Max Score Cut off Score At least three (3) years experience conducting the services for government and the private sector whose value is at least Kshs.2M. i) Over 3 years experience.9 marks 1-2 years experience..6 mark Provide a company profile to support 9 6 B ) ii) Provide information as indicated Below i) At least 3 organizations to whom the services have been rendered to with a value of not less than 2M. Name of client, contact person and telephone number (1 marks each per client) ii) Attach Proof of contracts e.g. contracts, award letters, L.S.Os. for at least 3 organization s (1marks each). Value of the award must be not less than 2M. Submit an organizational structure showing how the firm is run. The structure should indicate the departments and submit a list of key staff C) CV S of the proposed staff (10marks) Submit CV for the Team Leader and two Key staff stating previous events they have been involved in. Team Leader (1) Over 5-years experience marks 3-5years experience....3 marks 1-2 years experience mark Page 25 of 40

26 Key Staff (2): Over 5-years experience. 2 marks (for each) 3-5 years experience. 1.5 marks (for each) 1-2 years experience. 1 mark (for each 10 7 (Provide copies of CVs which should be supported by academic certificates for all proposed staff in this assignment to qualify for full marks) Recommendation letters for past work done. Submit copies of three letters from the clients (3marks) 3 2 TOTAL SCORE (e) Overall Tender Evaluation Criteria The tender evaluation criteria is weighted as follows; - Criteria Maximum Score Cut Off Scores Tender Responsiveness mandatory Requirement Vendor Evaluation Technical/Concept Requirements Met Met Pitch Financial & Delivery Schedules 30 Totals Page 26 of 40

27 TECHNICAL SPECIFICATIONS Instructions to Bidders 1. Bidders are required to fill the table below or use its format to respond. 2. Bidders MUST provide a substantive response for all features irrespective of any attached technical documents. Use of Yes, No, tick, compliant etc will be considered non responsive. 3. Bidders MUST append official company stamp and/or authorized signature on all attached technical data sheets. 4. Evidence submitted in brochures, booklets or write-ups must be cross referenced to the technical and concept requirements. (TECHNICAL SPECIFICATIONS FOR THE EVENT MANAGEMENT Description Evaluation Attribute Bidders Response Ability to conceptualize, create and manage varying magnitudes and types of events specifically corporate events. Ability to raise funds through sponsors. Provide evidence of an event that has been conceptualized and successfully executed. The tenderer must provide pictorial evidence (in DVD) showing the application/execution of the concepts with a write up explaining the concept. Provide evidence of commitment by sponsors the bidder has dealt with. Evaluation Criteria (KRA,s Use Only) Met/Not Met Met/Not Met Ability to coordinate the suppliers of the event Submit a list of suppliers you have coordinated in the past corporate events Met/Not Met NOTE: Only bidders who shall meet all the requirements in the above table shall be evaluated further. Page 27 of 40

28 CONCEPT EVALUATION THE PITCH Brief for Concept Presentation Event Management Need The Kenya Revenue Authority is seeking to engage the services of an integrated events management agency to undertake the conceptualization, planning and implementation and evaluation of corporate events with following objectives; - Production of first class events - Value addition of the event to the Authority s overall corporate mandate - Carry out events with lasting impression on minds of audiences - Create sustainability of the KRA s brand through events Event Description Kenya Revenue Authority is scheduled to conduct the annual Tax Summit event during the month of October 2017 among other activities. It will be a three days event which will be attended by about 500 Chief Executive Officers, heads of public and private sector corporations and senior staff of KRA (both international and local). Expectations The event management provider is expected to: Present a concept for the event management services for the Award and Luncheon Ceremony for the following aspects: Liaise with venue for all the logistical aspects of the events Ensure provision of meeting requirements, audio visual equipment, Register the participants. Present an implementation plan that shows how the event concept will be executed before, during and after the event. Itemize the resources required for the event, suppliers that will be involved and propose a coordination plan for all. Clearly outline a monitoring and evaluation mechanism that will help determine the success of the event. Provide a breakdown of costs to achieve the proposed concept. Page 28 of 40

29 The Evaluation criteria of the Pitch will be based on the following: (40 MARKS) NO CRITERIA Understanding of the brief and role of event management Max scores Cut off score 1 Presentation of concept (3 marks) Level of creativity and innovation (2marks) Itemize requirements as per concept (5 marks) Logistical methodology of the event (10 marks) Proposal of venue (2 mark) Suitability, practicability and applicability of proposed venue (4marks) Implementation plan(4marks) Demonstrate ability to evaluate and analyse performance of contracted service providers( ie provide an analysis template) (5marks) Overall presentation Clarity of presentation ( 2marks) Logical flow of ideas in concept and implementation plan (3marks) 5 3 GRAND TOTAL The total marks for Vendor, technical and Concept evaluation will be calculated to a total of 70% while the financial evaluation will be 30%. Page 29 of 40

30 FINANCIAL EVALUATION The firm that provides the most competitive financial proposal will be considered for award. The financial evaluation will be done through comparing rates submitted for all the items listed below. Bidders are required to provide a rate card for all the items requested for as outlined in this document. a) Event Management No. Item description of Activities Pax 1. Manage invitee process, Manage Delegates both international and local, Manage online registration of delegates, Manage rapotouring services, Co-odinate all service providers, Manage speakers, Draw up a programme in liaison with KRA, Carry out post event evaluation and Submit report Pax pax Above 500 Pax Total Tender Sum Inclusive of VAT b) Conceptualize Sponsors : Raising of funds through Sponsorship Amount in Kshs. No. Item description of Activities 1-2 Million 2m-5 million 2. Conceptualize Sponsors: Raising of funds through Sponsors N.B: Quote as Percentage (%) Above 5 Million Total Tender Sum in % Inclusive of VAT NB: Total tender sums to be moved to the form of tender. BIDDERS TO SIGN AND STAMP THAT THEY HAVE READ AND UNDERSTOOD AND SHALL PROVIDE ALL ITEMS AS PER THE ABOVE LIST Sign Stamp Page 30 of 40

31 Notes on the Sample Forms 1 Form of Tender- The form of tender must be completed by the tenderer and submitted with the tender documents. It must also be duly signed by duly authorized representatives of the tenderer. 2 Confidential Business Questionnaire Form - This form must be completed by the tenderer and submitted with the tender documents. 3 Tender Security Form-When required by the tender documents the tender shall provide the tender security either in the form included herein or in another format acceptable to the procuring entity. 4 Contract Form-The Contract Form shall not be completed by the tenderer at the time of submitting the tender. The Contract Form shall be completed after contract award and should incorporate the accepted contract price. 5 Performance Security Form- The performance security form should not be completed by the tenderers at the time of tender preparation. Only the successful tenderer will be required to provide performance security in the form provided herein or in another form acceptable to the procuring entity. 6 Bank Guarantee for Advance Payment Form-When Advance payment is requested for by the successful bidder and agreed by the procuring entity, this form must be completed fully and duly signed by the authorized officials of the bank. 7 Manufacturers Authorization Form- When required by the ender documents this form must be completed and submitted with the tender documents. This form will be completed by the manufacturer of the goods where the tenderer is an agent. Page 31 of 40

32 8.1 FORM OF TENDER To: KENYA REVENUE AUTHORITY P. O. BOX NAIROBI. Date Tender No. Gentlemen and/or Ladies: 1. Having examined the tender documents including Addenda Nos.. [insert numbers].the receipt of which is hereby duly acknowledged, we, the undersigned, offer to provide ( (insert services description) 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 of Prices attached herewith and made part of this Tender. 2. We undertake, if our Tender is accepted, to deliver install and commission the equipment in accordance with the delivery schedule specified in the Schedule of Requirements. 3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum of equivalent to percent of the Contract Price for the due performance of the Contract, in the form prescribed by..( Procuring entity). 4. We agree to abide by this Tender for a period of [number] 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. This Tender, together with your written acceptance thereof and your notification of award, shall constitute a Contract, between us. Subject to signing of the Contract by the parties. 6. We understand that you are not bound to accept the lowest or any tender you may receive. Dated this day of 20 [signature] [in the capacity of] Duly authorized to sign tender for an on behalf of Page 32 of 40

33 8.2 CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM You are requested to give the particulars indicated in Part 1; either Part 2(a), 2(b) or 2 (c) whichever applied to your type of business; and Part 3. You are advised that it is a serious offence to give false information on this form. Part 1 General 1.1 Business Name. 1.2 Location of Business Premises Plot No. Street/Road.... Postal Address Tel No.. Fax E mail Nature of Business. 1.5 Registration Certificate No. 1.6 Maximum Value of Business which you can handle at any one time KSHS 1.7 Name of your Bankers. Branch Part 2 (a) Sole Proprietor 2a.1 Your Name in Full. Age.. 2a.2 Nationality.. Country of Origin Citizenship Details... Part 2 (b) Partnership 2b.1 Given details of Partners as follows: 2b.2 Name Nationality Citizenship Details Shares Part 2 (c ) Registered Company 2c.1 Private or Public Page 33 of 40