REPUBLIC OF KENYA THE JUDICIARY

Transcription

1 ORIGINAL REPUBLIC OF KENYA THE JUDICIARY TENDER NO: JUD/029/ PROVISION OF MEDICAL INSURANCE COVER FOR MEMBERS OF THE JUDICIARY OF KENYA JUDICIARY MEDICAL INSURANCE SCHEME The Judiciary Supreme Court Building, City Hall Way P.O. Box Nairobi, Kenya Website: 1

2 Table of Contents INTRODUCTION.. 3 Section IA TENDER NOTICE... 4 Section IB PHYSICAL ADDRESS 5 Page Section II INSTRUCTION TO TENDERERS Table of clauses 6 General Information. 7 Appendix to instructions to Tenderers.. 23 Section III GENERAL CONDITIONS OF CONTRACT 24 Section IV SPECIAL CONDITIONS OF CONTRACT. 29 Section V SCHEDULE OF REQUIREMENTS.. 34 Section VI STANDARD FORMS PRICE SCHEDULE FORM OF TENDER CONTRACT FORM CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM TENDER SECURITY FORM PERFORMANCE SECURITY FORM ETHICS AND INTEGRITY PACT

3 INTRODUCTION 1.1 This standard tender document for procurement of insurance services has been prepared for use by public entities in Kenya in the procurement of all types of insurance covers as per the Public Procurement and Disposal Act The following general directions should be observed when using the document; (a) (b) Specific details should be furnished in the invitation to tender notice and in the special conditions of contract. The final document to be provided to the tenderers should not have blank spaces or give options. The instructions to tenderers and the General conditions of contract should remain unchanged. Any necessary amendments to these parts should be made through the special conditions of contract and appendix to instructions to tenderers respectively. 1.3 (a) Information contained in the invitation to tender shall conform to the data and information in the tender documents to enable potential tenderers to decide whether or not to participate in the tender and shall indicate any important tender requirements. (c) The invitation to tender shall be issued as an advertisement in accordance with the regulations or a letter of invitation addressed to tenderers who have expressed interest following an invitation for expression of interest for which the invitation is issued. 1.4 The cover of the tender document should be modified to include: i. Tender number ii. Tender name. iii. Name of procuring entity. 3

4 SECTION I: INVITATION TO TENDER TENDER NO. JUD/029/ : PROVISION OF MEDICAL INSURANCE COVER FOR MEMBERS OF THE JUDICIARY OF KENYA The Judiciary of Kenya invites sealed bids from eligible Medical Insurance Providers (MIPs) for the Provision of Medical Insurance Cover for members of the Judiciary. The medical insurance cover is for an initial period of one (1) year renewable annually up to a maximum of 3 years subject to satisfactory performance. Interested candidates may view / obtain the tender document by either downloading it from the Judiciary s website: Tender documents downloaded from the website are free of charge. Printed tender documents collected in hard copy will attract a non-refundable tender fee of Kshs. 1, payable to the Judiciary Nairobi Court fees Account at KCB, Moi Avenue Branch, Account No Upon payment, tenderers are required to obtain an official receipt from the Cash Office at Milimani Law Courts before collecting tender documents from the Supply Chain Management Office, 2 nd Floor, Supreme Court Building Room No. 87, Nairobi during normal working hours. All the Bidders MUST forward their particulars immediately for records and for the purposes of receiving any further tender clarifications and/or addendums to Supply Chain Management Office, Supreme Court Building, 2nd Floor, Room 87, City Hall Way-Nairobi. All the Clarifications and/ or addendums will be posted on the Judiciary Website. Any request for clarifications must be made in writing. Prices quoted should include an Insured inpatient medical cover and a funded outpatient medical cover and a plan of how the fund will be managed. The prices should also be net inclusive of all taxes and must be expressed in Kenya Shillings and shall remain valid for 120 days from the closing date of the tender. Tenders must also be accompanied by a tender security of 2% of the tender sum in form of a guarantee from a bank or reputable insurance company approved by the Public Procurement Regulatory Authority, payable to the Chief Registrar, The Judiciary of Kenya. Completed tender documents should be clearly marked JUD/029/ : PROVISION OF MEDICAL INSURANCE COVER FOR MEMBERS OF JUDICIARY and deposited in the tender box situated at the Supreme Court Building security gate, City Hall Way, to be received on or before 10.00am on Friday, 9 th December, Bulky tender documents that do not fit in the tender box should be delivered and registered at the Supply Chain Management Services Office, Supreme Court Building, 2 nd Floor, Room 87, City Hall Way, Nairobi. ANNE A. AMADI CHIEF REGISTRAR OF THE JUDICIARY 4

5 SECTION IB. PHYSICAL ADDRESS OF THE PROCURING ENTITY Name: The Judiciary Physical Address: Supreme Court Building City Hall Way/Taifa Road, Next to the KICC Postal Address: P.O. Box , NAIROBI. KENYA. Phone Number: Fax Number: Address: Type of Business: Administrative of Justice Period of Contract: Initial period of one (1) year renewable annually up to a maximum of 3 years subject to satisfactory performance. Financial Year:

6 SECTION II - INSTRUCTION TO TENDERERS Table of Clauses 2.1 Eligible Tenderers Cost of Tendering Contents of Tender document Clarification of Tender document Amendments of Tender document Language of Tenders Documents Comprising the Tender Tender form Tender prices Tender Currencies Tenderers Eligibility and Qualifications Tender Security Validity of Tenders Format and Signing of Tenders Sealing and Marking of Tenders Deadline for Submission of Tenders Modification and Withdrawal of Tenders Opening of Tenders Clarification of Tenders Preliminary Examination Conversion to Single Currency Evaluation and Comparison of Tender Contacting the Procuring Entity Post-Qualification Award Criteria Procuring Entity s Right to Accept or Reject any or all Tenders Notification of Award Signing of Contract Performance Security Corrupt or Fraudulent Practices 22 Page 6

7 GENERAL INFORMATION 2.1. Eligible Tenderers This Invitation for Tenders is for selected Tenderers. Successful tenderer 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 procuring entity 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 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 the Procuring entity 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. 2.2 Cost of Tendering The Tenderer shall bear all costs associated with the preparation and submission of its tender, and the procuring entity, 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/= The procuring entity shall allow the tenderer to view the tender document free of charge from the Judiciary website. 2.3 Contents of Tender Document The tender documents comprise the documents listed below and addenda issued in accordance with clause 2.5 of these instructions to tenderers. i. Instructions to Tenderers ii. General Conditions of Contract 7

8 iii. iv. Special Conditions of Contract Schedule of Requirements v. Details of Insurance Cover Form of Tender Price Schedules Contract Form Confidential Business Questionnaire Form x. Tender security Form Performance security Form Insurance Company s Authorization Form Declaration Form Ethics and integrity Pact form vi. vii. viii. ix. xi. xii. xiii. xiv 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. 2.4 Clarification of Tender Documents A Tenderer making inquiries of the tender documents may notify the Procuring entity by post, fax or by at the procuring entity s address indicated in Section II. The Procuring entity 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 procuring entity. 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 Tenderers who have received the tender documents The procuring entity shall reply to any clarifications sought by the tenderer within 3 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%. 8

9 2.5 Amendment of Tender Documents At any time prior to the deadline for submission of tenders, the Procuring entity, 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 an addendum All prospective tenderers who 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, the Procuring entity, 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 the Procuring entity, 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 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. 9

10 2.9. 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 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, 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 the Procuring entity 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 The tender security shall be 2 per cent of the tender price The tender security is required to protect the Procuring entity against the risk of Tenderer s conduct which would warrant the security s forfeiture, pursuant to paragraph The tender security shall be denominated in Kenya Shillings or in another freely convertible currency, and shall be a guarantee from a bank or a reputable insurance company approved by the Public Procurement Oversight Authority. 10

11 Any tender not secured in accordance with paragraph and shall be rejected by the Procuring entity as non-responsive, pursuant to paragraph Unsuccessful Tenderer s tender security will be discharged or returned as promptly as possible 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) If a tenderer withdraws its tender during the period of tender validity. (b) 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 rejects correction of an arithmetic error in the tender. (c) 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 the Procuring entity as non-responsive In exceptional circumstances, the Procuring entity 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 the tender as appropriate 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. 11

12 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) Be addressed to the Procuring entity at the following address The Chief Registrar of the Judiciary, Supreme Court Building, P.O. Box , NAIROBI. (b) Bear TENDER NO. JUD/005/ FOR MEDICAL INSURANCE, DO NOT OPEN BEFORE 10.00am on Friday, 9 th December, 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 , the Procuring entity will assume no responsibility for the tender s misplacement or premature opening Deadline for Submission of Tenders Tenders must be received by the Procuring entity on or before 10.00am on Friday, 9 th December, The Procuring entity 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 the Procuring entity 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 the procuring entity as provided for in the appendix. 12

13 2.17. 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 the Procuring entity prior to the deadline prescribed for submission of tenders The tenderer s modification or withdrawal notice shall be prepared and submitted in accordance with the PPAD Act, 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 The Procuring entity will open all tenders in the presence of tenderers or their representatives who choose to attend immediately thereafter at the Board Room 74 located at the Judiciary s offices on 2 nd Floor Supreme Court Building, City Hall Way, Nairobi, Kenya or as advised by the client. 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 the Procuring entity, at its discretion, may consider appropriate, will be announced at the opening The Procuring entity will prepare minutes of the tender opening manner as prescribed in the Act, Clarification of Tenders To assist in the examination, evaluation and comparison of tenders the Procuring entity 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. 13

14 Any effort by the tenderer to influence the Procuring entity in the Procuring entity s tender evaluation, tender comparison or contract award decisions may result in the rejection of the tenderers tender Preliminary Examination and Responsiveness The Procuring entity 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 The Procuring entity 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 Prior to the detailed evaluation, pursuant to paragraph 2.20, the Procuring entity 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 the Procuring entity 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 the procuring entity and may not subsequently be made responsive by the tenderer by correction of the non-conformity Conversion to single currency Where other currencies are used, the Procuring entity 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 14

15 The Procuring entity will evaluate and compare the tenders which have been determined to be substantially responsive, pursuant to paragraph The Procuring entity 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. (a) (i) (b) Operational Plan The Procuring entity 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 the procuring entity s required service time will be treated as non-responsive and rejected. 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. The Procuring entity may consider the alternative payment schedule offered by the selected tenderer The tender evaluation shall be carried out within a maximum period of thirty (30) days from the date of opening the tender Contacting the Procuring entity Subject to paragraph 2.19 no tenderer shall contact the Procuring entity on any matter relating to its tender, from the time of the tender opening to the time the contract is awarded. 15

16 Any effort by a tenderer to influence the Procuring entity in its decisions on tender evaluation, tender comparison, or contract award may result in the rejection of the Tenderers tender. Award of Contract 2.24 Post-qualification The Procuring entity 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 the Procuring entity 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 the Procuring entity 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 2.9, 2.22 and 2.26 the Procuring entity 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 Procuring entity s Right to accept or Reject any or all Tenders The Procuring entity 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 16

17 thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Procuring entity s action. If the Procuring entity determines that none of the tenders is responsive, the Procuring entity shall notify each tenderer who submitted a tender The procuring entity 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 is 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 Before the expiry of the period during which the tender shall remain valid, of tender validity, the accounting officer of the procuring entity shall notify the successful tenderer in writing that its tender has been accepted The notification of award will not signify the formation of the contract until the signing of the contract between the tenderer and the procuring entity 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 the Procuring entity will promptly notify each unsuccessful Tenderer and will discharge its tender security, pursuant to paragraph Signing of Contract At the same time as the Procuring entity notifies the successful tenderer that its tender has been accepted, the Procuring entity 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 the Procuring entity 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. 17

18 2.29 Performance Security The successful tenderer shall furnish the performance security in accordance with the Conditions of Contract, in a form acceptable to the Procuring entity The successful bidder will provide a Performance Bond of 5% of the Contract sum as a condition precedent to signing the contract 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 forfeiture of the tender security, in which event the Procuring entity may make the award to the next lowest evaluated tender or call for new tenders Corrupt or Fraudulent Practices The Procuring entity 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 The Procuring entity 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. 18

19 APPENDIX TO INSTRUCTION TO TENDERERS (ITT) 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 ITT Ref. No Particulars of appendix to instructions to tenderers 2.1 Particulars of eligible tenderers: Medical Insurance Providers (MIP) Licensed by the Insurance Regulatory Authority(IRA) to transact medical cover business in Kenya Price to be charged for tender documents. Kshs for those who purchase a hard copy while those who download the document will not be charged Particulars of tender security if applicable. The tender security shall be 2% of tender sum valid for 150 days after tender opening. Form of Tender Security: The Tender Security shall be in the form of a Guarantee from a reputable bank or insurance company approved by the Public Procurement Regulatory Authority Validity of Tenders: Tenders Shall remain valid for 120 days after date of tender opening Bulky tenders which do not fit in the tender box shall be delivered and received at the Directorate of Supply chain Management Office Room No. 87 on 2 nd Floor, Supreme Court building. Arithmetic errors: In accordance with PPAD(2015) The detailed evaluation criteria is as below: i) Stage 1- Preliminary Evaluation Checklist 2.22 Tenderers shall be evaluated based on the parameters indicated below. Bids that are nonresponsive shall be eliminated from the entire evaluation process and shall not be considered for further evaluation. 19

20 PRELIMINARY EVALUATION CRITERIA STAGE ONE The Mandatory Evaluation Criteria for Medical Insurance Providers: Documents/ Evidence to be Submitted/ Res (X) Non responsive Requirement STS pon sive 1. Copy of certificate of registration/incorporation 2. Must submit a tender security of 2% of the tender sum 3. Must be in existence for the last ten years 4. Valid tax compliance from KRA (This is subject to verification 5. Must submit bid from only one Underwriter 6. Form CR12 duly signed and certified 7. Duly filled signed and stamped confidential questionnaire 8. Should provide a self-written, signed and stamped declaration that the bidder or his/her sub-contractors are not debarred from participating in public procurement in the format provided 9. Should provide a self-written, signed and stamped declaration that they will not engage in any corrupt practice in the format provided 10. Must fill the form of Tender in the format provided 11. Must fill the Price Schedule in the format provided 12. Must be registered with IRA for year 2016 and a copy of current license be submitted 13. Must have a bank guarantee of kshs.3 million deposited with Commissioner of Insurance and a copy be submitted 14. Must have a professional indemnity insurance cover of at least kshs.100million and a copy be submitted 15. Must give at least five(5) reputable clients with a premium of Ksh.100million each for the last 3 years(evidence to be attached) 20

21 16. Letters of reference from at least five clients 17. Must be a current member of the Medical Insurance Provider Association (MIPAK 18. Tender is clearly indexed, and all pages serialized, stamped and counter signed 19. Ethics and Integrity Pact duly filled and signed in the format provided 20. No overwriting or cancellations in the tender document 21. Submit certified audited accounts for Submit a draft medical cover policy 23. Letter of credit worthiness from the Tenderer s banker MANDATORY REQUIREMENTS FOR UNDERWRITERS Responsive (X) Non responsive 24. Certificate of Incorporation under the company s Act and must be in existence for the last ten years 25. Valid tax compliance from KRA (This is subject to verification) 26. Valid NSSF compliance certificate (attach current receipt of payment) 27. Provide a list of specialist and Hospitals country-wide (NHIF accredited) 28. Must be registered with the Insurance Regulatory Authority (attach registration certificate for the current year 2016) 29. Must be a medical Insurance Underwriter 30. Must be a member of Association of Kenya Insurers (attach valid certificate) 31. Form CR12 duly certified and signed 32. Letter of reference from at least five clients 21

22 33. Submit a copy of current business license 34. Must submit a duly filled up Confidential Business Questionnaire in format provided ii) Stage 2-Technical Evaluation Response Form/Criteria The tenderer shall be evaluated based on the criteria indicated below; Total assets Paid-up Capital Experience STAGE TWO: TECHNICAL EVALUATION FOR MIP Total Assets for year 2014 and 2015 for MIP: a) Below Kshs.150 million (0 marks) b) Between 150 million-500 million (3 marks) c) Between billion (5 marks) d) One 1 billion and above (7 marks) Paid -up capital for MIP a. Less than 50 Million (0 marks) b. Between Kshs.50Million and 150 Million (2marks) c. Above Kshs.150Million (5marks) The MIP experience in administration of medical cover outpatient scheme Total claims paid/funds handled in years 2014 and 2015 a. Below 100Million (0 marks) b. Between 100Million and 500 Million (3 marks) c. Over 500 Million (7marks) Maximu m score Score attained Total premium Recommendati on letter Value addition services MIP must have handled business in excess of 1Billion Kenya shillings(5 marks) Provide current letters of recommendation from key service providers (High-end Private Hospitals) a. Recommendation from 5 or more providers (7 mks) b. Recommendation from 4 providers (3 mks) c. Recommendation from 3 providers and below (1 mks) MIP VALUE ADDITION SERVICES You may give details of any further value additional services you propose to provide, over and above what is outlined under the scope of service above (3marks) Qualifications Provide a list of five qualified staff with professional qualifications who will handle the medical claims and 5 22

23 IT SYSTEM related administrative services( attach relevant CVs for the professional staff(5marks) Evidence of an installed IT system that provide accurate and up to date information on the administration of the scheme. (3 marks) 3 Kshs.100 million cover Gross Annual premiums for Recommended Underwriter Profit before tax for Recommended Underwriter MIP MUST provide at least five different clients where they have offered similar covers each amounting to 100 million and above in the year 2014 and 2015 a) 5 client references (5 marks) b) 4 client references (4 marks) c) 3 clients references (3 marks) d) Less than 3 client references (0 marks) Gross earned premiums for the years 2014 and 2015 for the underwriter :) a. Below Kshs.500 Million:(0 marks) b. Between Kshs.500M :1 billion (3 marks) c. Between Kshs.1Billion- Kshs.5Billion: (5 marks) d. Kshs.5 Billion and above: (10 marks) Profit before tax for the years 2014 and 2015 for the underwriter: a. Below Kshs.100Million: (0 marks) b. Between Kshs.100M 250Million: (3 marks) c. Above Kshs.250 million: (3marks) SUB TOTAL 60 EVALUATION CRITERIA UNDERWRITER Maximu m score Experience At least 10 years experience in medical 4 insurance business Technical a) Evidence of finalized Specific medical reinsurance 2 Capacity arrangement programme b) Proof of prompt claims settlement ability to 2 its medical providers (letter of recommendation from 5 key major health providers) c) Evidence of an installed IT system that 2 provide accurate and up to date information on the administration of the scheme. d) Evidence of medical service provider s 3 branch network countrywide. e) Evidence of having 3 Corporate medical 3 clients whose annual premium is above Kshs.200 million each for 2015 f) Provide claims procedure and turn around Score attained

24 Technical Capacity period and/or (provide methodology work plan) g) Ability to roll-out the cover within 7 days if successful. Attach evidence 4 Key professional staff each with the following qualifications a. Principal Officer must have a minimum of Bachelor degree plus ACII, and not less than five years experience as a senior manager in the insurance industry(1 mark) b. 3key staff each with Minimum Diploma/ACII or equivalent and at least five years experience in the insurance industry. (1 mark) To earn the above marks please attach CVs for the staff showing qualifications and years of experience, copies of academic and professional certificates Financial Capacity Must have gross annual premium of Kshs. 1Billion or above underwritten in previous year 2015 (attach proof) Sub total 23 2 Risk, Cost and Overall Management SPECIAL CONDITIONS - FOR MIP a. At least four (4) different contact persons 4 who are able to make instant decisions on 24 hour call for both emergency and nonemergency cases. b. Ability to roll-out a tailor-made Staff Health 1 and Welfare Program aimed at promoting of overall wellness, health consciousness and managing chronic diseases c. capacity to provide uninterrupted medical 1 services on credit within the East African region and the rest of the world d. Ability to continually provide regular reports 1 on cost of care and risk management options for managing current and future benefit utilization e. Capacity to independently analyze risks and 1 24

25 advise the Judiciary on options for risk and cost management f. Provide uninterrupted medical fund for chronic conditions. 1 g. Confirm that you will adapt our list of 1 service providers for Category A. h. A proposal on how to handle new employees 2 joining the scheme. i. Use of technology solutions for 2 identification of all scheme members j. The MIP must provide the policy document specifying the benefits for all categories. 3 Subtotal 17 Grand Total 100 NB. Cut off points for the technical evaluation shall be 80 marks and bidders who shall not have attained this mark shall not proceed to the financial stage of the evaluation process. iii) Stage 3- Financial Evaluation Financial Evaluation shall conduct to determine evaluated price for each bid using the following formula:- T.S (80%) + F.S (20%) = T.T.L (100%) T.S = Technical Score = (Technical Evaluation) as evaluated against the technical criteria F.S = Financial Score (computed as below) FSL FSC = FS FSC = Financial submission of the tender under consideration. FSL = Financial score for the lowest tender. FS = Computed financial score for each tenderer. T.T.L = Total Score AWARD CRITERIA The tenderer with the highest combined technical and financial score will be awarded the tender 25

26 SECTION III - GENERAL CONDITIONS OF CONTRACT Table of Clauses Page 3.1 Definitions Application Standards Use of Contract Documents and Information Patent Rights Performance Security Delivery of Services and Documents Payment Prices Assignment Termination for Default Termination for Insolvency Termination for Convenience Resolution of Disputes Governing Language Applicable law Force Majeure Notices 31 26

27 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 the Procuring entity 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 the Procuring entity 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 3.2. 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. 27

28 3.4. Use of Contract Documents and Information The Contractor shall not, without the Procuring entity 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 the Procuring entity in connection therewith, to any person other than a person employed by the contractor in the performance of the Contract The Contractor shall not, without the Procuring entity 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 the Procuring entity and shall be returned (all copies) to the Procuring entity on completion of the contract s or performance under the Contract if so required by the Procuring entity Patent Rights The Contractor shall indemnify the Procuring entity 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 twenty eight (28) days of receipt of the notification of Contract award, the successful tenderer shall furnish to the Procuring entity the performance security where applicable in the amount specified in SCC The proceeds of the performance security shall be payable to the Procuring entity as compensation for any loss resulting from the Tenderer s failure to complete 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 the Procuring entity and shall be in the form of: a) Cash. b) A bank guarantee. c) Letter of credit The performance security will be discharged by the Procuring entity and returned to the Candidate not later than thirty (30) days following the date of completion of the 28

29 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 the procuring entity in the schedule of requirements and the special conditions of contract 3.8. 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 the Procuring entity, but in no case later than sixty (60) days after submission of an invoice or claim by the contractor 3.9. Prices Prices charges 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 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 within the first one year (12 months) of the contract Where contract price variation is allowed the variation shall be as provided for in the PPAD Act, Price variation requests shall be processed by the procuring entity within 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 the Procuring entity s prior written consent. 29

30 3.11. Termination for Default The Procuring entity 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 the Procuring entity. If the Contractor fails to perform any other obligation(s) under the Contract If the Contract in the judgment of the Procuring entity has engaged in corrupt or fraudulent practices in competing for or in executing the contract In the event the Procuring entity 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 the Procuring entity for any excess costs for such similar services. However the contractor shall continue performance of the contract to extent not terminated Termination for Insolvency The Procuring entity 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 the procuring entity Termination for Convenience The Procuring entity 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 the procuring entities 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 the procuring entity may elect to cancel the services and pay to the contractor an agreed amount for partially completed services. 30

31 3.14 Resolution of Disputes The procuring entity 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 its delay in performance or other failure to perform its 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. 31

32 SECTION IV - SPECIAL CONDITIONS OF CONTRACT Special conditions of Contract shall supplement the General condition of Contract. Whenever there is conflict, the provisions herein shall prevail over those in the General Conditions of Contract. Eligibility of the Bidders Medical Insurance Providers Licensed by IRA for The Judiciary Medical Insurance Scheme The Judiciary wishes to have in place a quality tailor-made and affordable Medical and /or Healthcare Insurance for its staff number approximately five thousand one hundred and seventy six (5176) employees located in various towns in Kenya. Prospective bidders are urged to provide all the pre-qualification information required. The prospective bidders are requested to:- - Provide all information as per this tender notice. - Provide the tender as per the laid down format herein contained - State their most competitive premium (s) Bidders who do not meet the foregoing condition in full will not be considered and their bids will therefore not be evaluated. Pre-Qualification Conditions: Bidders must confirm in writing here below that they possess the necessary capacity and capability to perform the contract. CONFIRMATION