1 PRESENTATION ON TENDERING REQUIREMENTS Presented by Kenya National Highways Authority (KeNHA) Team

 Objectives of the sensitization  Arrangement of clauses in the standard tender document  Key points to note in tendering  Evaluation process (Open Tenders)  Evaluation Process (Restricted Tenders)  Clarification on parameters for open and restricted tenders;  Responsibility for Compliance with the Procurement law (Emphasis). 2 Overview of the Presentation

Objectives of the sensitization  to build capacity of contractors so as to maximize economy and efficiency;  to promote competition amongst the contractors;  to facilitate the promotion of local contractors for economic development  to promote the integrity and fairness of the Authority’s procurement procedures  to increase transparency and accountability in the Authority’s procurement process  to increase public confidence in Authority’s procurement process 3

Arrangement of clauses in the standard tender document o Section I: Invitation to tender (tender notice) o Section II: Instructions to tenderers All amendments to the Instructions to Tenderers are introduced in the Appendix to Instructions to Tenderers. Kindly, note that the contents of Appendix to Instructions to Tenderers prevails over those of Instructions to Tenderers. o Section III – General conditions of contract All amendments to the General Conditions of Contract are introduced in the Special Conditions of Contract. Kindly, note that the contents of Special Conditions of Contract prevails over those of General Conditions of Contract. o Section IV – Special conditions of contract 4

Arrangement of clauses in the standard tender document contd… o Section V – Technical Specifications/Scope of Works /Terms of Reference o Section VI – Drawings o Section VII- Bills of Quantities (BOQs) o Section VIII –Standard Forms 5

Key points to note in tendering  The invitation to tender is the tender notice placed in the Newspapers and KeNHA website. The contents of the tender notice and the conditions should be read and understood properly before submission of bids.  Instructions to tenderer’s conditions are supposed to guide the contractors to fill the tender document properly. You are requested to read and understand the same.  Contractors should note the date and venue of pre-tender site visits.  Contractors should note the date and time of closing/opening of the tenders. 6

Key points to note in tendering contd…  The tender validity period may be 60 days, 90 days or 120 days from the closing date of the tender e.t.c as may be indicated in the Appendix to Instructions to tenderers.  The tender security validity period is 30 days beyond the tender validity period. For example if the tender validity period is 120 days then the tender security validity period is 150 days i.e (120+30) days.  The evaluation criteria i.e preliminary, technical and financial are indicated in the tender document.  The standard forms are supposed to be duly filled. 7

Key points to note in tendering contd…  Ensure you provide the correct telephone number/mobile, address, postal address and code when purchasing/submitting tender documents for ease of communication e.g when issuing addenda, letters and any communication from KeNHA.  The Bills of Quantities (BOQ’s) should be duly filled and the Grand Total Summary transferred to the Form of Tender.  Arrange your Appendices/Annextures to the tender document in a sequencial manner using separators for ease of reference. 8

Preliminary Evaluation Criteria, Open Tenders – 6 Million and Above Mandatory Requirements  Certified copy of Registration with the Ministry of Roads in Class A, B, C, D, E and G;  Certified copy of certificate of incorporation;  Certified copy of Value Added Tax (V.A.T);  Certified copy of Personal Identification Number (P.I.N);  Certified copy of valid tax compliance certificate;  Certified copy of business permit;  Certificate of pre-tender site visit;  Attach original bid/tender security/bond;  Equipment Holding as per classification with Ministry of Roads; 9

 Copy of KeNHA official purchase receipt;  Duly filled form of tender;  Duly filled Appendix to form of tender;  All the forms/documents are duly signed where required;  Any alterations are duly signed;  Tender is unconditional – No counter offer; N.B Certification should be done by Commissioner for Oaths or Notaries Public 10 Mandatory Requirements Contd…

Technical Evaluation Criteria, Open Tenders – 6 Million and Above  Similar previous experience  History of non-performing contracts  Key Personnel  Financial situation  Work methodology  Current work load  Litigation history (provide current sworn affidavit)- Refer to Section 31 (1) (c ) of PPDA. 11

Financial Evaluation Criteria, Open Tenders – 6 Million and Above  Crosscheck the arithmetic errors.  Seek clarification on error acceptance where necessary.  The successful tender shall be the tender with the lowest evaluated price (Section 66 (4) of PPDA). Please note that it is NOT necessarily the bidder whose tender sum/bid sum was the lowest pricewise during tender opening that is awarded the tender. 12

Preliminary Evaluation Criteria, Restricted Tenders – Below 6 Million Mandatory Requirements  Valid Tax Compliance Certificate;  Duly filled form of tender;  Duly filled Appendix to Form of Tender;  All documents/Forms to be signed are duly signed;  Duly signed certificate of pre-tender site visit;  Equipment holding as per Appendix 1;  Copy of official KeNHA tender purchase receipt;  Class of Registration with the Ministry of Roads as indicated in the tender document;  Valid single business permit/licence 13

Technical Evaluation Criteria, Restricted Tenders – Below 6 Million  Professional and Key Personnel (Attach CV’s and Testimonials);  Financial position (supported by audited accounts;  Litigation history (provide current sworn affidavit);  Submission of work methodology – Brief  On-going contracts – The total value of outstanding works on the on-going contracts must not exceed the threshold indicated in the class of Registration by the Ministry of Roads 14

Financial Evaluation Criteria, Restricted Tenders – Below 6 Million  Crosscheck the arithmetic errors.  Seek clarification on error acceptance where necessary.  The successful tender shall be the tender with the lowest evaluated price (Section 66 (4) of PPDA). Please note that it is NOT necessarily the bidder whose tender sum/bid sum was the lowest pricewise during tender opening that is awarded the tender. 15

Clarification on Parameters for Evaluation of Open and Restricted Tenders The parameters for open tenders are relatively more than those of restricted tenders. This is because KeNHA has the supporting documentation such as VAT/PIN/Certificate of Incorporation e.t.c of pre-qualified contractors arising from the Pre-qualification exercise. 16

Responsibility for Compliance with the Procurement law (Emphasis) Please note that Section 27 (4) of the Public Procurement and Disposal Act, 2005 stipulates that “Contractors, Suppliers and Consultants shall comply with all the provisions of this Act and the Regulations” 17

THANK YOU! 18