PROCUREMENT NOTICE EXECUTIVE DESIGN AND COMPLETION OF WORKS FOR REHABILITATION OF WATER AND SANITATION SYSTEMS OF KIAMBERE BASIN AND CAPACITY BUILDING

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1 Document for completion and publication by the Contracting Authority. KENYA PROCUREMENT NOTICE EXECUTIVE DESIGN AND COMPLETION OF WORKS FOR REHABILITATION OF WATER AND SANITATION SYSTEMS OF KIAMBERE BASIN AND CAPACITY BUILDING 1. Publication reference KIAMB/II/02 LOT 1 LOT 3 2. Procedure Open tender procedure under the procurement procedure described in the Practical Guide to contract procedures financed for EC external actions adapted by the European Commission, D.Lgs 163/2006 of Italian Republic and subsequent modifications. 3. Financing Soft loan from the Italian Government AID Contracting Authority TANATHI WATER SERVICES BOARD on behalf of Ministry of Environment, Water and Natural Resources Address: Tanathi Water Services Board KIDP Building, Kalawa Road Kitui (Kenya) Tel./Fax: / tanathiwsb@gmail.com CONTRACT SPECIFICATIONS 5. Description of contracts/number and titles of lots/origin Contract for the Executive design and completion of works for rehabilitation of water and sanitation systems of Kiambere basin and capacity building. The project is located in Mwingi District in the Eastern Province of the Republic of Kenya. Mwingi Town is a commercial center, furthermore it is district headquarters hosting government offices. It s divided into nine administration divisions and the project is covering most of them. The borders are delineated to the west by Tana River and Kiambere Reservoir, to the North and West by the Centers of Tseikuru, Katse, Kimangao and Kyuso, and, to the south, by Mwingi Town. The project cover a large area of the District at an altitude of 1,270 m to the south and 700 m to east along Tana River boundary. It is divided into 2 lots: Procurement notice Page 1 of 7

2 LOT 1 (project design and works): - Executive design; - Upgrade of existing water treatment and pumping plants, including: intake works; raw water main; treatment plant. - Water distribution pipeline, including: rising main and distribution lines; tanks; access roads and ancillaries; - Sewerage system and waste water management plant in Mwingi town (site A and site B), including: Sewerage system in Tyaa (site A) Waste water treatment plant in Tyaa (site A) Sewerage system in Kivou (site B) Waste water treatment plant in Kivou (site B) In accordance with Article 53 point 2-C) of D.Lgs. 163/2006 of Italian Republic, the bidders, on basis of the "preliminary design" from Contracting Authority, attached at this tender dossier, have to submit their "final design" as part of bid documentation. The awarded bidder will make the "executive design and will execute the works, as described in point 2.1 of Instructions to Tenderers. LOT 3 (supplies): Origin - Technical supplies of capacity building component. All goods and services purchased must have Italian origin. The company awarded the contract may purchase in the Republic of Kenya or in other developing countries, services and supplies up to a maximum of 45% of the contract. For these purposes, "origin" means the place where the goods are mined, grown, produced or manufactured. The origin of the goods must be determined according to the EU Customs Code or to the relevant international agreement applicable (Council Regulation EEC n. 2913/92 and Commission Regulation EEC n. 2454/93). When submitting its tender, the tenderer must state expressly that all the services and goods meet the requirements concerning origin and must state the countries of origin. It may be asked to provide additional information in this connection. TERMS OF PARTICIPATION 6. Nature of Contracts LOT 1: Global price best value for money. LOT 3: Global price. Procurement notice Page 2 of 7

3 7. Maximum Budget LOT 1: 7.1 Maximum amount of Contract: Euro 13,267,000.00, if the tender exceeds the above mentioned budget the tender will be automatically rejected. 7.2 Maximum amount of project design: (subject of abatement of price) Euro 534, (calculated on basis of D.M. Italian Republic, October 31, 2013, n. 143, for definitive and executive design); 7.3 Maximum amount of works (subject of abatement of price): Euro 12,478,340.00; 7.4 Total maximum amount subject of abatement of price: Euro 13,012,340.00; 7.5 Amount of safety costs (NO subject of abatement of price): Euro 254, Work categories for tenderers requirements (D.P.R. 34/2000 Italian Republic), including safety costs: LOT Main category for works: WORKS CAT. % AMOUNT ( ) Hydraulic works OG ,251, Separable categories for works with compulsory qualifications: WORKS CAT. % AMOUNT ( ) Earthworks OS ,703, Treatment water plant OS ,778, Total ,481, Works categories for designers requirements: Main class/categories CLASS CAT WORKS % AMOUNT ( ) VIII Hydraulic works ,733, LOT Supplies for capacity building component: Maximum amount of Contract: Euro 206,000.00, if the tender exceeds the above mentioned budget the tender will be automatically rejected. SUPPLY AMOUNT ( ) Technical supplies 206, Procurement notice Page 3 of 7

4 CONDITIONS OF PARTICIPATION 8. Eligibility 8.1 Only Italian bidders composed of single or joint companies or consortia in possession of the requirements specified below are admitted to the tender process. 8.2 The commitment to form a temporary partnership of companies or grouping, for purposes of guaranteeing their immutability, must specify the model, if horizontal, vertical or mixed as well as the parts of the services that will be executed by each partner as for the categories indicated in this tender. 8.3 The lack of indication of the above requirements relating to the form of partnership, except where the same information can be extracted immediately and without uncertainty from the nature of the contract or from the qualifications of the partnering companies, is a reason for exclusion from the tender process. 9. Number of application No more than one application per lot, can be submitted by a natural or legal person whatever the form of participation (as an individual legal entity or as leader or member of consortium submitting an application). In the event that a natural or legal person submits more than one application per lot, all application in which that person has participated will be excluded. 10. Grounds for exclusion Tenderers must submit a signed declaration, included in the: - LOT 1: Tender Form for a works Contract, (see LOT 1, Volume 1 Section 2) - LOT 3: Tender Form for supply contract (see LOT 3 5-Tender form for supply contract ). to the effect that they are not in any of the situations listed in point of the Practical Guide to contract procedures for EU external actions. 11. Tender guarantee and Performance guarantee Tender Guarantee, amounting 2% of the maximum available budget. LOT 1: 2% of Euro 13,267,000.00, in the form provided in Volume 1 - Section 3 of tender dossier; LOT 3: 2% of Euro 206,000.00, in the form provided in 6-Tender guarantee form. The tenderer must give the guarantee without dispute, on receipt of a first written request from the beneficiary. The guarantee will take effect from the day of the submission of the tender envelopes. It will remain in force for 180 days after this deadline. It may be extended by the Contracting Authority for a further 60 days in exceptional cases. Performance Guarantee will be asked at the successful tenderer, amounting 10% of the amount of the contract, at the signing of the contract. Tender Guarantee will be refunded after award of tender and after no-objection from Italian Government D.G.C.S. Procurement notice Page 4 of 7

5 LOT 1, in the form provided in Volume 2 Section 4 of tender dossier; LOT 3, in the form provided in Annex VIc) of tender dossier. This guarantee must be provided together with the return of the countersigned contract no later than 30 days after the tenderer receives the contract signed by the Contracting Authority. If the selected tenderer fails to provide such a guarantee within this period, the contract will be void and a new contract may be drawn up and sent to the tenderer which has submitted the next compliant tender. 12. Information meeting and site visit Information site visit will be held on: September 23 and 24 and 25, 2014 at Tanathi Water Services Board, Kitui (Kenya) - KIDP Building, Kalawa Road, Tel./Fax: / ; tanathiwsb@gmail.com. Tenderers of LOT 1 are obliged to attendance for all three dates of site visit/clarification meeting. Tenderers of LOT 3 are not obliged to attendance. 13. Tender validity Tenders must remain valid for a period of 180 days after the deadline for submission of tenders. Any tender valid for a shorter period will be rejected. The successful tenderer must maintain his tender for a further 60 days from the date of notification of award. 14. Period of implementation of tasks LOT 1: The period for execution of executive design is maximum 60 (sixty) days from the commencement date (as in Instruction to tenderers); The period of execution of works is maximum 760 (seven hundred and sixty) days from commencement date (as in Instruction to tenderers). LOT 3 The period for execution of technical supply is maximum 180 (one hundred eighty) days from the commencement date (as in Instruction to tenderers). 15. Selection criteria SELECTION AND AWARD CRITERIA According to the criteria used on Instructions to tenderers, tenders must be submitted in accordance with the following conditions: All tenders must be submitted in one original, marked original, and three copies signed in the same way as the original and marked copy. Administrative compliance, Technical offer, final design, and financial offer, including annexes and any accompanying documents, must be placed in three separate sealed envelopes named: Procurement notice Page 5 of 7

6 Envelope A Administrative Compliance; Envelope B Technical Offer- Final design; Envelope C Financial Offer. These three envelops must be submitted in a single main sealed envelope bearing only: a) the above address; b) the reference code of this tender procedure: For LOT 1: KIAMB/II/02 LOT 1; For LOT 3: KIAMB/II/02 LOT 3; c) the sentence, written in the language of tender dossier: Not to be opened before the tender-opening session. d) the name of the tenderer. Any infringement of these rules (e.g.: envelopes not-sealed, presence of references to prices in Envelope A - Administrative Compliance, presence of references to prices in Envelope B Technical Offer), will be considered a breach of the rules and will lead to rejection of the tender. All tenders received after the deadline for submission specified in the procurement notice or, will be received by the Contracting Authority. The tenders will not be opened and they will be returned to the tenderers. No liability can be accepted for late delivery of tenders. Late tenders will not be evaluated. 16. Award criterion LOT 1: Best value for money; LOT 3: Lowest Price 17. How to obtain the tender dossier TENDERING The tender dossiers of LOTs 1 and/or 3 are available from Embassy of Kenya in Rome, Viale Luca Gaurico 205, Tel.: , Fax: , or at Tanathi Water Services Board, KIDP Building, Kalawa Road Kitui (Ke), Telephone: ; Fax: , upon payment of Euro 100,00 for each lot required, which excludes courier delivery. It is also available for inspection at the premises of the Contracting Authority, address as in point 4 above. Tenders should be submitted using the standard tender form included in the tender dossier, whose format and instructions must be strictly observed. Tenderers with questions regarding this tender should send them in writing to: tanathiwsb@gmail.com or Tanathi Water Services Board, KIDP Building, Kalawa Road, Kitui (Ke), mentioning the publication reference shown in item 1, at the date in timetable of Instructions to tenderers, before the deadline for submission of tenders given in item 18. The Contracting Authority must reply to all tenderers' questions before the deadline for submission of tenders not later the date for issuing clarifications as in timetable of Instructions to tenderers,. Eventual minor clarifications, or minor changes to the tender dossier, will be published before the submission deadline on the Website of Procurement notice Page 6 of 7

7 Contracting Authority. 18. Deadline for submission of tenders Deadline for submission of tenders must be not before 52 days from the date of publication on Official Bulletin of the Republic of Italy (GURI). Deadline for submission of tenders is October, 29, 2014, hours 12,00 noon (local Kenya time). Any tender received after this deadline will not be considered. 19. Tender opening session Date of tender opening session for LOT 1 - LOT 3, is: October, 29, 2014, hours 12,30pm. Jury of evaluation should be appointed only after deadline for submission of tender and before opening session. 20. Language of the procedure All written communications and documents for this tender procedure and contract must be in English. 21. Legal basis The tender procedure is governed by the basis of European guidelines (PRAG - available on the Internet at this address: m) as acknowledged by Government of Italy (D.Lgs 163/2006 and subsequent modifications). Procurement notice Page 7 of 7