DRAFT STANDARD PROCEDURES DOCUMENT FOR PREPARING FRAMEWORK AGREEMENTS PUBLIC PROCUREMENT REGULATORY AUTHORITY (PPRA) OCTOBER 2018

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1 DOC 6 DRAFT STANDARD PROCEDURES DOCUMENT FOR PREPARING FRAMEWORK AGREEMENTS PUBLIC PROCUREMENT REGULATORY AUTHORITY (PPRA) OCTOBER 2018 Page 1 of 38

2 PREFACE 1. This Standard Tender Document (STD) document has been prepared by the Public Procurement Regulatory Authority (PPRA) for use by Procuring Entities (PEs) for preparing Framework Agreements for procurement of, goods, works, and services (Consulting, Non- Consulting, Management and Maintenance) following Competitive Tendering Methods as defined in the Public Procurement and Asset Disposal Act (2015). The procedures and practices presented in this STD reflect the requirements in the said Act and its Regulations. This STD will be used by Procuring Entities on a mandatory basis. Lack of its use could be basis for challenging decision on contract award. 2. A Framework Agreement (FA) is an agreement (essentially a contract) established with firms or individuals (suppliers, contractors, service providers or consultants), to provide goods, works or services as required over a specified period of time, and in specified locations. The FA sets out terms and conditions under which goods, works or services can be provided competitively throughout the term of the agreement, by means of call-off contracts. A call-off contract is a contract awarded under a Framework Agreement itself. It does not need to be advertised and tendered for, as that will have been done to come up with a Framework Agreement. Framework Agreements are appropriate for the recurring needs for procurement of goods, works or services or to consolidate requirements when different entities of a Procuring Entity or different Procuring Entities need to procure the same types of goods, works or services. For further details see Annex to this Preface on Framework Agreements. 3. The process for procurement under Framework Agreements follows the appropriate Standard Tender Documents for procurement of goods, works or services, and in each case the process is modified as provided for in this Standard Tender Document for Framework Agreements. In the case of normal contracts for goods, works and services, delivery and payments are one-off activities. Under Framework Agreements, the Procuring Entity is given the option of signing a contract on basis of periodic orders and the goods, works and services are delivered and paid for on basis of call-off orders made from time to time within the agreed contract period. The Framework Agreement (contract) indicates the estimated maximum quantities of goods, works or services that the Procuring Entity will require within the contract period, from which the call-offs would be made. Framework Agreements normally go up to three years with a possibility of a two-year extension, depending on performance. Framework agreements are also referred to as Term Contracts given the term of contract within which calloffs are made. 4. The following STD will be modified appropriately to suit a Framework Agreement. The following is the List of Standard Tender Documents to be modified to suit Framework Agreements. Other types of Contracts are not deemed suitable for Framework Agreements. Doc No. 1 Doc No. 4 Doc No. 5 Standard tender document for procurement of works (buildings and associated civil engineering works) Standard tender document for procurement of small works Standard tender document for procurement of goods Page 2 of 38

3 Doc No. 6 Standard tender document request for proposals (selection of consultants) Doc No. 7 Standard tender document for procurement of non-consultancy services Doc No. 12 Standard tender document for Maintenance Services Doc No. 14 Standard tender document for Procurement of Specialized Goods Text Books and Reading Materials Doc No. 15 Standard tender document for Procurement of Specialized Goods - Health Sector Goods (pharmaceuticals, vaccines and condoms) 5. The STD is comprised of the parts indicated on the Table of Contents. Before using this STD, the User is advised to or should be familiar with the Act and its Regulations and any manuals prepared and issued by PPRA to guide public officials in the conduct of the public procurement process. 6. The Public Procurement Regulatory Authority welcomes any comments from the Users of this STD which will assist in revising (if need be) and improving the structure and contents of the STD. Director General Public Procurement Regulatory Authority (PPRA) P.O. Box Nairobi, Kenya. Page 3 of 38

4 APPENDIX TO THE PREFACE 1. A Framework Agreement (FA) is an agreement between a Procuring Entity with one or more supplier, contractor, service provider, or consultant (referred to herein as a Firm) that establishes the terms and conditions that will govern any contract awarded during the term of the FA. More than one Procuring Entity may, if so desired, benefit from one FA. The terms and conditions will usually include the price rates, pricing and payment mechanisms, timings, delivery destinations and works locations. FAs may be established for the procurement of goods, works and services (Consulting, Non-Consulting, Management and Maintenance) as and when required, over a specified period of time. An FA does not commit a Procuring Entity to procure, nor a Firm to supply. Once established, an FA provides a fast and efficient way to procure Goods, Works and Services. An FA allows a Procuring Entity to select from a number of firms, helping to ensure that each procurement represents best value for money. FAs may be appropriate under the following circumstances: (a) (b) (c) (d) frequent reordering is based on the same, or similar requirements, or set of specifications; where different Procuring Entities procure the same goods, works and nonconsulting Services, including maintenance services and where aggregating the demand could lead to volume discounts; planning for emergency situations; or no single firm is considered to have sufficient capacity to carry out the required works or provide goods. 2. When setting up a Framework Agreement, the Procuring Entity should include in the contract documents as many of the terms as possible which will apply to the call-off contracts so that the firms party to the FA are clear as to their risks in relation to the call-off terms. 3. It is possible to enter into a framework agreement with a single supplier. There is no set limit for the number of firms that can be in one FA. Although a Procuring Entity can enter into a Framework Agreement with more than one firm (supplier, contractor, service provider, or consultant), in practice FAs with a large number of suppliers may become difficult to manage, as Procuring Entity may have to approach each supplier appointed to the framework in relation to a proposed call-off. 4. A Framework Agreement will generally allow a Procuring Entity more flexibility around the goods, works or services to be contracted for under the framework, both in terms of volume and also the detail of the relevant goods, works and services. It allows a contracting authority to select from a number of suppliers for its requirements, helping to ensure that each purchase represents best value. 5. When several Procuring Entities establish an FA together, a lead Procuring Entity is appointed to act on behalf of the group of Procuring Entities. Each Procuring Entity in the Page 4 of 38

5 group is identified in the invitation to Tender Documents at the time of going to the market. Each individual Procuring Entity shall be specified in each call-off contract. 6. In order to establish an FA, the Procuring Entity shall use appropriate procurement method with appropriate Invitation for Tenders. Once an FA is established, the Procuring Entity does not need to openly advertise individual contract opportunities to be awarded as call-offs. 7. The additional information in the invitation for tenders or proposals shall include as a minimum: (a) (b) (c) (d) a description of the Goods, works and Services that the FA is intended to cover; an estimate of the total volume/scope of the Goods, Works and Services for which call-off contracts may be placed and, as far as possible, the volume/scope and frequency of the call-off contracts to be awarded under the FA; qualification and evaluation criteria and, evaluation methodology; the terms and conditions of contract that will apply to call-offs under the FA, which shall include the following information: (i) (ii) (iii) a statement that the fees, charge rate or pricing mechanism, and any other associated costs shall be agreed with each firm, and be valid for the term of the FA; a statement that explains that the Procuring Entity will engage FA firms as required, through call-off contracts; a statement that the FA is: a closed panel (which should normally be the case), and the constitution of the panel shall remain unchanged during the term of the FA (other than firms being removed from the panel, no additional or replacement firms may be added); or an open panel and an outline of the process for selection. (iv) statement that there is no guarantee of being awarded a call-off contract, and no commitment will be made with regard to possible volume of Goods, Works and Services; (v) a statement that the FA is not an exclusive agreement and that the Procuring Entity reserves the right to procure the same or similar Goods, Works and Services from non-fa firms; Page 5 of 38

6 (v) a description of the circumstances that may lead to a firm being removed from the FA, and the process to be used in securing the removal; (vi) there will be no secondary procurement method or methods the Procuring Entity shall use to select a firm (the call-off process); (vii) the contractual method the Procuring Entity will use to secure the call-off contract (for example, a statement of work or purchase order); and (viii) the duration of the FA, including any option to extend. 8. FAs shall be established for a maximum period of three (3) years, with the option to extend by up to a further two (2) years, if the initial engagement has been satisfactory. 9. The Procuring Entity shall issue a Notification of Intention to conclude an FA (in conformance with Paragraphs 5.72 to 5.77 (Notification of Intention to Award), and a Standstill Period shall apply at the time when the winning firm in the FA is established. A public notice (Contract Award Notice) of the conclusion of the FA shall be published when the FA is signed. The notice shall list the names of all firms that have been included in the FA. 10. Call-off Contracts 10.1 For each procurement under an FA, a firm shall be selected from the panel using the secondary procurement process, or one of the processes, described in the FA The secondary procurement for the call-offs shall be a direct selection from the list of the firms on the FA, but based on an objective criterion such as the location where call-off contracts are awarded to the firm that is best able to deliver based on their location and the location where the Goods, Works, Services are to be delivered As part of the call-off process, firms shall be given a description of the scope of supply/tasks/services that they will be expected to provide. The statement of goods, work or service order to be issued as part of the call-off process shall specify the objectives, tasks, deliverables, timeframes and price or price mechanism. The price for individual call-off contracts shall be based on the prices detailed in the FA. Page 6 of 38

7 TABLE OF CONTENTS THE LIST OF STANDARD TENDER DOCUMENTS TO BE MODIFIED TO SUIT FRAMEWORK AGREEMENTS. Doc No. 1 Standard tender document for procurement of works (buildings and associated civil engineering works) Doc No. 4 Standard tender document for procurement of small works Doc No. 5 Standard tender document for procurement of goods Doc No. 6 Standard tender document request for proposals (selection of consultants) Doc No. 7 Standard tender document for procurement of non-consultancy services Doc No. 12 Standard tender document for Maintenance Services Doc No. 14 Standard tender document for Procurement of Specialized Goods Text Books and Reading Materials Doc No. 15 Standard tender document for Procurement of Specialized Goods - Health Sector Goods (pharmaceuticals, vaccines and condoms) Page 7 of 38

8 Doc No. 1 STANDARD TENDER DOCUMENT FOR PROCUREMENT OF WORKS (BUILDINGS AND ASSOCIATED CIVIL ENGINEERING WORKS) 1. INVITATION TO TENDER, Paragraph 2, Add: Tenders will be awarded on basis of a Framework Agreement. 2. SECTION I - INSTRUCTIONS TO TENDERERS (a) (b) (c) Substitute the word Contract Agreement with Framework Agreement. ITT 35.1; Insert as a Second sentence the words The evaluation and award of contracts will be based on Packages. Section III - Evaluation and Qualification Criteria Omit Para 5, 6 and 7 on Multiple Contracts since evaluation will be made on basis of package and call-offs will also be on package basis. (d) PART II WORKS REQUIREMENTS (i) Insert before Bills of Quantities: Packages involved in the Framework Agreement The Works shall consist of the following packages, and each package shall be described in full as per Section-Bills of Quantities. No. Package Description 1 E.g. Primary School of six classrooms and associated facilities ETC. Locations where the Package will be constructed Any Place within the County of the Procuring Entity Likely Number of Packages Period Construction of 10 Within the FA Period. (ii) BILLS OF QUANTITIES; insert a preamble: The Bills of Quantities shall be prepared for each Package separately. (iii) Revise the GRAND SUMMARY as follows: Page 8 of 38

9 PACKAGE SUMMARY (complete one for each Package) SUMMARY ITEMS From Page Amount Bill No. 1: Preliminary Items Bill No. 2: Work Items Bill No 3: Daywork Summary Bill No 4: Provisional Sums Subtotal of Bills No 1-4 Allow for any Discounts i TOTAL TENDER PRICE for Package No Carried forward to GRAND SUMMARY GRAND SUMMARY SUMMARY ITEMS From Page Amount ETC. Subtotal of Packages 1 to 4 ETC. Allow for any Discounts I TOTAL TENDER PRICE Carried forward to Form of Tender 3. CONDITIONS OF CONTRACT (a) Omit the whole of Clause 1.6 and insert the following. 1.6 Framework Agreement The Parties shall enter into a Framework Agreement within 28 days after the Contractor receives the Letter of Acceptance, unless the Particular Conditions establish otherwise. The Framework Agreement shall be based upon FORM No. 3 FRAMEWORK AGREEMENT annexed to the Particular Conditions of Contract. The costs of stamp duties and similar charges (if any) imposed by law in connection with entry into the Framework Agreement shall be borne by the Procuring Entity The Framework Agreement establishes the terms and conditions that will govern the contract awarded during the term of the Framework Agreement. The Framework Agreement establishes for the procurement works by package as and when required, over the specified period of time. The Framework Agreement does not commit a Procuring Entity to procure, nor a firm to supply. The Framework Agreement allows the Procuring Entity to call the Contractor Page 9 of 38

10 to commence the works on a particular package in a specified location within the duration of the agreement This Framework Agreement does not guarantee the contractor of being called for a contract to start and no commitment is made with regard to possible number of packages to carried out This Framework Agreement does exclude the Procuring Entity from the right to procure the same Works from other firms This Framework Agreement does not stop the Procuring Entity from removing the contractor from the same Agreement The Procuring Entity may with the Consent of the Contractor extend this Agreement for a further two (2) years, if the initial engagement has been satisfactory Call-off Contracts; for work on a package to start, the Procuring Entity shall issue a notice of acceptance of a particular package requesting the contractor to furnish a Performance Security and to start the works thereafter, and providing the contractor with details of location where the works, are to be carried out. The call-off statement shall specify the objectives, tasks, deliverables, timeframes and price or price mechanism. The price for individual call-off contracts shall be based on the prices detailed in the Framework Agreement If the contractor fails to provide a performance security and commence the works as instructed, the Procuring Entity may declare the Tenderer ineligible to be awarded a contract by the Procuring Entity for a period of time as stated in the TDS. (b) FORM No 1: NOTIFICATION OF INTENTION TO AWARD Omit the whole of Para 4. And substitute as follows. 4. Request a debriefing in relation to the evaluation of your tender by submitting a Procurement-related Complaint in relation to the decision to award the contracts as follows: (i) The successful tenderers: Name of successful Tenderer Page 10 of 38 Address of the successful Tenderer Contract price of the successful Tenderer

11 (ii) Other Tenderers Names of all Tenderers that submitted a Tender. If the Tender s price was evaluated include the evaluated price as well as the Tender price as read out. Name of Tenderer Address of the Tenderer Tender price evaluated price (c) FORM NO 2: NOTIFICATION OF AWARD - LETTER OF ACCEPTANCE. (i) Amend first Paragraph omit the for the Accepted Contract Amount [amount in numbers and words] [name of currency], as corrected and modified in accordance with the Instructions to Tenderers, is hereby accepted by (name of Procuring Entity). And insert the words for contract Package No (amount...), Packages No (amount...), Packages No (amount...). etc. are hereby accepted by (name of Procuring Entity. (ii) Omit the whole of para reading You are. Tender Document and Insert the words You are requested to arrange to sign the Framework Agreement within 28 days in accordance with the Conditions of Contract. On being instructed to commence the contract on any of the packages you have won, by a call-off notification, you will be requested to furnish for the particular package a Performance Security within 28 days in accordance with the Conditions of Contract, and for that purpose, using one of the Performance Security Forms included in Section VIII, Contract Forms, of the Tender Document. Page 11 of 38

12 DOC NO. 4 -STANDARD TENDER DOCUMENT FOR PROCUREMENT OF SMALL WORKS 1. INVITATION TO TENDER, Paragraph 2, Add: Tenders will be awarded on basis of Framework Agreement. 2. SECTION I - INSTRUCTIONS TO TENDERERS (a) Substitute the word Contract and Contract Agreement with Framework Agreement. (b) ITT 35.1; Insert as a second sentence the words The evaluation and award of contracts will be based on Packages. (c) Section III - Evaluation and Qualification Criteria Omit Para 5, 6 and 7 on Multiple Contracts since evaluation will be made on basis of package and call-offs will also be on package basis. (d) SCHEDULES - Bill of Quantities Insert before Bills of Quantities: (i) Packages involved in the Framework Agreement The Works shall consist of the following packages, and each package shall be described in full as per Section-Bills of Quantities. No. Package Description Locations where the Package will be constructed 1 E.g. Primary tar Road 15 Any Place KM stretch between ABKO within the and KAM ETC. County of the Procuring Entity Likely Number Packages of Period of Construction 6 Within the FA Period. (ii) BILLS OF QUANTITIES; insert a preamble: The Bills of Quantities shall be prepared for each Package separately. Page 12 of 38

13 (iii) Revise the Sample Bill of Quantities as follows: PACKAGE SUMMARY (complete one for each Package) SUMMARY ITEMS Bill No. 1: Preliminary Items Bill No. 2: Work Items Bill No 3: Daywork Summary Bill No 4: Provisional Sums Subtotal of Bills No 1-4 Allow for any Discounts i TOTAL TENDER PRICE for Package No Carried forward to GRAND SUMMARY GRAND SUMMARY SUMMARY ITEMS ETC. Subtotal of Packages 1 to 4 ETC. Allow for any Discounts I Total Tender Price Carried forward to Form of Tender From Page From Page Amount Amount (g) FORM OF TENDER (i) Item (5) (vi) should read: Total price of all Packages (sum of all packages -list all packages, indicate price of each package tendered for and their total) [insert the total price of all lots in words and figures)];. Substitute Lot for Package. 3. CONDITIONS OF CONTRACT (a) Insert as Clause 12.4 the following Framework Agreement Page 13 of 38

14 The Parties shall enter into a Framework Agreement within 28 days after the Contractor receives the Letter of Acceptance, unless the Particular Conditions establish otherwise. The Framework Agreement shall be based upon FORM No. 3 FRAMEWORK AGREEMENT annexed to the Particular Conditions. The costs of stamp duties and similar charges (if any) imposed by law in connection with entry into the Framework Agreement shall be borne by the Procuring Entity The Framework Agreement establishes the terms and conditions that will govern the contract awarded during the term of the Framework Agreement. The Framework Agreement establishes for the procurement works by package as and when required, over the specified period of time. The Framework Agreement does not commit a Procuring Entity to procure, nor a Firm to supply. The Framework Agreement allows the Procuring Entity to call the Contractor to commence the works on a particular package in a specified location within the duration of the agreement This Framework Agreement does not guarantee the contractor of being called for a contract to start and no commitment is made with regard to possible number of packages to carried out This Framework Agreement does exclude the Procuring Entity from the right to procure the same Works from other firms This Framework Agreement does not stop the Procuring Entity from removing the contractor from the same Agreement The Procuring Entity may with the Consent of the Contractor extend this Agreement for a further two (2) years, if the initial engagement has been satisfactory Call-off Contracts; for work on a package to start, the Procuring Entity shall issue a notice of acceptance of a particular package requesting the contractor to furnish a Performance Security and to start the works thereafter, and providing the contractor with details of location where the works, are to be carried out. The call-off statement shall specify the objectives, tasks, deliverables, timeframes and price or price mechanism. The price for individual call-off contracts shall be based on the prices detailed in the Framework Agreement If the contractor fails to provide a performance security and commence the works as instructed, the Procuring Entity may declare the Tenderer ineligible to be awarded a contract by the Procuring Entity for a period of time as stated in the TDS. (b) FORM No 1: NOTIFICATION OF INTENTION TO AWARD Omit the whole of Para 4. And substitute as follows. Page 14 of 38

15 4. Request a debriefing in relation to the evaluation of your tender by submitting a Procurement-related Complaint in relation to the decision to award the contracts as follows: (i) The successful tenderers: Name of successful Tenderer Address of the successful Tenderer Contract price of the successful Tenderer (ii) Other Tenderers Names of all Tenderers that submitted a Tender. If the Tender s price was evaluated include the evaluated price as well as the Tender price as read out. Package No. Name of Tenderer Address of the Tenderer Tender price evaluated price (c) FORM NO 2: NOTIFICATION OF AWARD - LETTER OF ACCEPTANCE. (ii) Amend first Paragraph omit the for the Accepted Contract Amount [amount in numbers and words] [name of currency], as corrected and modified in accordance with the Instructions to Tenderers, is hereby accepted by (name of Procuring Entity). And insert the words for contract Package No (amount...), Packages No (amount...), Packages No (amount...). etc. are hereby accepted by (name of Procuring Entity. (ii) Omit the whole of para reading You are. Tender Document and Page 15 of 38

16 Insert the words You are requested to arrange to sign the Framework Agreement within 28 days in accordance with the Conditions of Contract. On being instructed to commence the contract on any of the packages you have won, by a call-off notification, you will be requested to furnish for the particular package a Performance Security within 28 days in accordance with the Conditions of Contract, and for that purpose, using one of the Performance Security Forms included in Section VIII, Contract Forms, of the Tender Document. Page 16 of 38

17 DOC NO. 5 - STANDARD TENDER DOCUMENT FOR PROCUREMENT OF GOODS 1. INVITATION TO TENDER, Paragraph 2, Add: Tenders will be awarded on basis of Framework Agreement. 2. SECTION I - INSTRUCTIONS TO TENDERERS (a) Substitute the word Contract Agreement with Framework Agreement. (b) ITT 34.1; Insert as a second sentence the words The evaluation and award of contracts will be based on Packages. (e) Section III - Evaluation and Qualification Criteria Omit Para 2.2 and insert the following 4. Multiple Contracts (ITT 34.4) Tenders are invited for individual lots, the contract will be awarded to the tenderer offering a substantially responsive Tender(s) and the lowest evaluated cost for individual lots, subject to the selected tenderer(s) meeting the required qualification criteria (this Section III, Sub-Section ITT 36 Qualification Requirements) for each lot. In determining tenderer that offer the lowest evaluated cost to the Procuring Entity for each lot, the Procuring Entity shall apply the following steps in sequence: (a) evaluate individual lots to determine the substantially responsive Tenders and corresponding evaluated costs; (b) (c) (d) for each lot, rank the substantially responsive Tenders starting from the lowest evaluated cost for the lot; apply to the evaluated costs listed in (b) above, any applicable discounts/price reductions offered by a tenderer (s) for the award of each Lot based on the discounts and the methodology for their application offered by the respective Tenderer; and determine contract award on the basis of the lots that offer the tender offers each of which has the lowest evaluated cost to the Procuring Entity. (f) SCHEDULES of Requirement, Table of Price Schedule, change on Column 1 the words Line Item N Omit to Lot N.. (g) FORM OF TENDER Omit whole Item (e) Tender Price and substitute with (e) The total price of our Tender, excluding any discounts offered in item (f) below Page 17 of 38

18 s as per listed Lots (list each lot with its price and then the total of all tendered for lots) [insert the prices of the Tender in words and figures, indicating the various amounts for lots and the respective currencies]; 3. CONDITIONS OF CONTRACT (a) Insert as Clause the following. 2.4 Framework Agreement The Parties shall enter into a Framework Agreement within 28 days after the Contractor receives the Letter of Acceptance, unless the Particular Conditions establish otherwise. The Framework Agreement shall be based upon FORM No. 3 FRAMEWORK AGREEMENT annexed to the Particular Conditions. The costs of stamp duties and similar charges (if any) imposed by law in connection with entry into the Framework Agreement shall be borne by the Procuring Entity The Framework Agreement establishes the terms and conditions that will govern the contract awarded during the term of the Framework Agreement. The Framework Agreement establishes for the procurement works by package as and when required, over the specified period of time. The Framework Agreement does not commit a Procuring Entity to procure, nor a Firm to supply. The Framework Agreement allows the Procuring Entity to call the Contractor to commence the works on a particular package in a specified location within the duration of the agreement This Framework Agreement does not guarantee the contractor of being called for a contract to start and no commitment is made with regard to possible number of packages to carried out This Framework Agreement does exclude the Procuring Entity from the right to procure the same Works from other firms This Framework Agreement does not stop the Procuring Entity from removing the contractor from the same Agreement The Procuring Entity may with the Consent of the Contractor extend this Agreement for a further two (2) years, if the initial engagement has been satisfactory Call-off Contracts; for work on a package to start, the Procuring Entity shall issue a notice of acceptance of a particular package requesting the contractor to furnish a Performance Security and to start the works thereafter, and providing the contractor with details of location where the works, are to be carried out. The call-off statement shall specify the objectives, tasks, deliverables, timeframes and price or price mechanism. The price for individual call-off contracts shall be based on the prices detailed in the Framework Agreement. Page 18 of 38

19 If the contractor fails to provide a performance security and commence the works as instructed, the Procuring Entity may declare the Tenderer ineligible to be awarded a contract by the Procuring Entity for a period of time as stated in the TDS. (b) FORM No 1: NOTIFICATION OF INTENTION TO AWARD Omit the whole of Para 4. And substitute as follows. 4. Request a debriefing in relation to the evaluation of your tender by submitting a Procurement-related Complaint in relation to the decision to award the contracts as follows: (i) The successful tenderers: Name of successful Tenderer Address of the successful Tenderer Contract price of the successful Tenderer (ii) Other Tenderers Names of all Tenderers that submitted a Tender. If the Tender s price was evaluated include the evaluated price as well as the Tender price as read out. Package No. Name of Tenderer Address of the Tenderer Tender price evaluated price (c) FORM NO 2: NOTIFICATION OF AWARD - LETTER OF ACCEPTANCE. (iii) Amend first Paragraph omit the for the Accepted Contract Amount [amount in numbers and words] [name of currency], as corrected and modified in Page 19 of 38

20 accordance with the Instructions to Tenderers, is hereby accepted by (name of Procuring Entity). And insert the words for contract Lot No (amount...), Lot No (amount...), Lot No (amount...). etc. are hereby accepted by (name of Procuring Entity. (ii) Omit the whole of para reading You are. Tender Document and Insert the words You are requested to arrange to sign the Framework Agreement within 28 days in accordance with the Conditions of Contract. On being instructed to commence the contract on any of the packages you have won, by a call-off notification, you will be requested to furnish for the particular package a Performance Security within 28 days in accordance with the Conditions of Contract, and for that purpose, using one of the Performance Security Forms included in Section VIII, Contract Forms, of the Tender Document. Page 20 of 38

21 DOC NO. 6 -STANDARD TENDER DOCUMENT REQUEST FOR PROPOSALS (SELECTION OF CONSULTANTS) 1. REQUEST FOR PROPOSALS; Before Paragraph 1, Add: Please note that the selected Consultant shall be requested to sign a Framework Agreement so that the whole of services could be duplicated and provided in more than one location and to more than one Procuring Entity over the period of the Framework Agreement. 2. SECTION 4. FINANCIAL PROPOSAL - STANDARD FORMS (a) FORM FIN-1, FINANCIAL PROPOSAL SUBMISSION FORM; Insert after first sentence the words We understand that the contract may be duplicated by a further number of assignments within the Republic of Kenya, subject to negotiations on any additional costs that may be incurred as a result of performing the assignment in different locations. (b) FORM OF CONTRACT Insert after first sentence the words We understand that the contract may be duplicated by a further number of assignments within the Republic of Kenya, subject to negotiations on any additional costs that may be incurred as a result of performing the assignment in different locations. 3. CONDITIONS OF CONTRACT Insert as Appendix E to the Conditions of Contract, both Time-based and Lumpsum. 1. Appendix E - Framework Agreement 1.1 The Parties shall enter into this contract as a Framework Agreement within 28 days after the Contractor receives the Letter of Acceptance, unless the Particular Conditions establish otherwise. The Framework Agreement shall be based upon FORM No. 3 FRAMEWORK AGREEMENT annexed to the Particular Conditions. The costs of stamp duties and similar charges (if any) imposed by law in connection with entry into the Framework Agreement shall be borne by the Procuring Entity. 1.2 The Framework Agreement establishes the terms and conditions that will govern the contract awarded during the term of the Framework Agreement. The Framework Agreement establishes for the procurement works by package as and when required, over the specified period of time. The Framework Agreement does not commit a Procuring Entity to procure, nor a Firm to supply. The Framework Agreement allows the Procuring Entity to call the Contractor to commence the works on a particular package in a specified location within the duration of the agreement. Page 21 of 38

22 1.3 This Framework Agreement does not guarantee the contractor of being called for a contract to start and no commitment is made with regard to possible number of packages to carried out. 1.4 This Framework Agreement does exclude the Procuring Entity from the right to procure the same Works from other firms. 1.5 This Framework Agreement does not stop the Procuring Entity from removing the contractor from the same Agreement The Procuring Entity may with the Consent of the Contractor extend this Agreement for a further two (2) years, if the initial engagement has been satisfactory. 1.6 Call-off Contracts; for work on a package to start, the Procuring Entity shall issue a notice of acceptance of a particular package requesting the contractor to furnish a Performance Security and to start the works thereafter, and providing the contractor with details of location where the works, are to be carried out. The call-off statement shall specify the objectives, tasks, deliverables, timeframes and price or price mechanism. The price for individual call-off contracts shall be based on the prices detailed in the Framework Agreement. 1.7 If the contractor fails to provide a performance security and commence the works as instructed, the Procuring Entity may declare the Tenderer ineligible to be awarded a contract by the Procuring Entity for a period of time as stated in the TDS. Page 22 of 38

23 DOC NO. 7 - STANDARD TENDER DOCUMENT FOR PROCUREMENT OF NON- CONSULTANCY SERVICES 1. INVITATION TO TENDER, Paragraph 2, Add: Tenders will be awarded on basis of Framework Agreement. 2. SECTION I - INSTRUCTIONS TO TENDERERS (a) Substitute the word Contract Agreement with Framework Agreement. (b) ITT 35.1; Insert as a Second sentence the words The evaluation and award of contracts will be based on each Service Number. (c) Section III - Evaluation and Qualification Criteria Omit the entire Item 1.2 (a) and insert the following: 1.2 (a) Award Criteria for Multiple Contracts [ITT 35.4]: Tenderers have the option to Tender for any one or more Service Lines/Lots. Tenders will be evaluated lot-wise, taking into account discounts offered, if any. The contract(s) will be awarded to the Tenderer or Tenderers offering the lowest evaluated cost to the Procuring Entity for each Service Line or Service Lot, subject to the selected Tenderer(s) meeting the required qualification criteria for lot or combination of lots as the case may be. (d) SECTION IV- TENDERING FORMS Form of tender: Omit Option 1 and Adopt Option 2 with following amendment: In case of multiple Service Lines or Service Packages (a) Total price of each Service Line or Package [insert the total price of each in words and figures, indicating the various amounts and the respective currencies]; and (b) Total price of all Service Lines and Packages [insert the total price in words and figures, indicating the various amounts and the respective currencies]; (e) SECTION IV- TENDERING FORMS - Notification of Intention to Award Omit the whole of Item 1. And insert the following: 1. The successful Tenderers No. Description and No. of Service Line or Package [insert name of successful Tenderer] [insert Address successful Tenderer] of Tender price Evaluated Tender price (if applicable) Page 23 of 38

24 Other Tenderers [INSTRUCTIONS: insert names of all Tenderers that submitted a Tender. If the Tender s price was evaluated include the evaluated price as well as the Tender price as read out.] No Description and No. of Service Line or Package [insert name of Tenderer] [insert Address of Tenderer] Tender price Evaluated Tender price (f) SECTION IV- TENDERING FORMS - Notification of Award - Letter of Acceptance. (iv) Amend first Paragraph omit the for the Accepted Contract Amount [amount in numbers and words] [name of currency], as corrected and modified in accordance with the Instructions to Tenderers, is hereby accepted by (name of Procuring Entity). And insert the following words and a completed Table: for the Accepted Contract Amounts [amount in numbers and words] [name of currency], as corrected and modified in accordance with the Instructions to Tenderers, are hereby accepted by (name of Procuring Entity). for each Service Line or Package listed on the Table below. No. Description and Number of Service Line or Package [insert accepted Tender Price] [insert completion period] (ii) Omit the whole of para reading Page 24 of 38

25 You are. Tender Document and Insert the words You are requested to arrange to sign the Framework Agreement within 28 days in accordance with the Conditions of Contract. On being instructed to commence the contract on any of the packages you have won, by a call-off notification, you will be requested to furnish for the particular Service Line or Package a Performance Security within 28 days in accordance with the Conditions of Contract, and for that purpose, using one of the Performance Security Forms included in Section VIII, Contract Forms, of the Tender Document. 3. CONDITIONS OF CONTRACT Insert as Appendix E to the Conditions of Contract, both Time-based and Lumpsum. 1. Appendix E - Framework Agreement 1.1 The Parties shall enter into this contract as a Framework Agreement within 28 days after the Contractor receives the Letter of Acceptance, unless the Particular Conditions establish otherwise. The Framework Agreement shall be based upon FORM No. 3 FRAMEWORK AGREEMENT annexed to the Particular Conditions. The costs of stamp duties and similar charges (if any) imposed by law in connection with entry into the Framework Agreement shall be borne by the Procuring Entity. 1.2 The Framework Agreement establishes the terms and conditions that will govern the contract awarded during the term of the Framework Agreement. The Framework Agreement establishes for the procurement works by package as and when required, over the specified period of time. The Framework Agreement does not commit a Procuring Entity to procure, nor a Firm to supply. The Framework Agreement allows the Procuring Entity to call the Contractor to commence the works on a particular package in a specified location within the duration of the agreement. 1.8 This Framework Agreement does not guarantee the contractor of being called for a contract to start and no commitment is made with regard to possible number of packages to carried out. 1.9 This Framework Agreement does exclude the Procuring Entity from the right to procure the same Works from other firms This Framework Agreement does not stop the Procuring Entity from removing the contractor from the same Agreement The Procuring Entity may with the Consent of the Contractor extend this Agreement for a further two (2) years, if the initial engagement has been satisfactory. Page 25 of 38

26 1.11 Call-off Contracts; for work on a package to start, the Procuring Entity shall issue a notice of acceptance of a particular package requesting the contractor to furnish a Performance Security and to start the works thereafter, and providing the contractor with details of location where the works, are to be carried out. The call-off statement shall specify the objectives, tasks, deliverables, timeframes and price or price mechanism. The price for individual call-off contracts shall be based on the prices detailed in the Framework Agreement If the contractor fails to provide a performance security and commence the works as instructed, the Procuring Entity may declare the Tenderer ineligible to be awarded a contract by the Procuring Entity for a period of time as stated in the TDS. Names of all Service Lines and Packages awarded to the Tenderer. Description and No of Service Line or Package Name of Tenderer Address of the Tenderer Awarded Tender price Page 26 of 38

27 DOC NO. 12 STANDARD TENDER DOCUMENT FOR MAINTENANCE SERVICES 1. INVITATION TO TENDER, Paragraph 2, Add: Tenders will be awarded on basis of Framework Agreement. 2. SECTION I - INSTRUCTIONS TO TENDERERS (a) Substitute the word Contract Agreement with Framework Agreement. (b) ITT 35.1; Insert as a Second sentence the words The evaluation and award of contracts will be based on each Service Number. (c) Section III - Evaluation and Qualification Criteria Omit the entire Item 1.2 (a) and insert the following: 1.3 (a) Award Criteria for Multiple Contracts [ITT 35.4]: Tenderers have the option to Tender for any one or more Service Lines/Lots. Tenders will be evaluated lot-wise, taking into account discounts offered, if any. The contract(s) will be awarded to the Tenderer or Tenderers offering the lowest evaluated cost to the Procuring Entity for each Service Line or Service Lot, subject to the selected Tenderer(s) meeting the required qualification criteria for lot or combination of lots as the case may be. (d) SECTION IV- TENDERING FORMS Form of tender: Omit Option 1 and Adopt Option 2 with following amendment: In case of multiple Service Lines or Service Packages (a) Total price of each Service Line or Package [insert the total price of each in words and figures, indicating the various amounts and the respective currencies]; and (b) Total price of all Service Lines and Packages [insert the total price in words and figures, indicating the various amounts and the respective currencies]; (e) SECTION IV- TENDERING FORMS - Notification of Intention to Award Omit the whole of Item 1. And insert the following: 3. The successful Tenderers No. Description and No. of Service Line or Package [insert name of successful Tenderer] [insert Address successful Tenderer] of Tender price Evaluated Tender price (if applicable) Page 27 of 38

28 Other Tenderers [INSTRUCTIONS: insert names of all Tenderers that submitted a Tender. If the Tender s price was evaluated include the evaluated price as well as the Tender price as read out.] No Description and No. of Service Line or Package [insert name of Tenderer] [insert Address of Tenderer] Tender price Evaluated Tender price (f) SECTION IV- TENDERING FORMS - Notification of Award - Letter of Acceptance. (v) Amend first Paragraph omit the for the Accepted Contract Amount [amount in numbers and words] [name of currency], as corrected and modified in accordance with the Instructions to Tenderers, is hereby accepted by (name of Procuring Entity). And insert the following words and a completed Table: for the Accepted Contract Amounts [amount in numbers and words] [name of currency], as corrected and modified in accordance with the Instructions to Tenderers, are hereby accepted by (name of Procuring Entity). for each Service Line or Package listed on the Table below. No Description and No. of Service Line or Package [insert accepted Tender Price] [insert completion period] Page 28 of 38

29 (ii) Omit the whole of para reading You are. Tender Document and Insert the words You are requested to arrange to sign the Framework Agreement within 28 days in accordance with the Conditions of Contract. On being instructed to commence the contract on any of the packages you have won, by a call-off notification, you will be requested to furnish for the particular Service Line or Package a Performance Security within 28 days in accordance with the Conditions of Contract, and for that purpose, using one of the Performance Security Forms included in Section VIII, Contract Forms, of the Tender Document. 3. CONDITIONS OF CONTRACT Insert as Appendix E to the Conditions of Contract, both Time-based and Lumpsum. 1. Appendix E - Framework Agreement 1.1 The Parties shall enter into this contract as a Framework Agreement within 28 days after the Contractor receives the Letter of Acceptance, unless the Particular Conditions establish otherwise. The Framework Agreement shall be based upon FORM No. 3 FRAMEWORK AGREEMENT annexed to the Particular Conditions. The costs of stamp duties and similar charges (if any) imposed by law in connection with entry into the Framework Agreement shall be borne by the Procuring Entity. 1.2 The Framework Agreement establishes the terms and conditions that will govern the contract awarded during the term of the Framework Agreement. The Framework Agreement establishes for the procurement works by package as and when required, over the specified period of time. The Framework Agreement does not commit a Procuring Entity to procure, nor a Firm to supply. The Framework Agreement allows the Procuring Entity to call the Contractor to commence the works on a particular package in a specified location within the duration of the agreement This Framework Agreement does not guarantee the contractor of being called for a contract to start and no commitment is made with regard to possible number of packages to carried out This Framework Agreement does exclude the Procuring Entity from the right to procure the same Works from other firms This Framework Agreement does not stop the Procuring Entity from removing the contractor from the same Agreement The Procuring Entity may with the Consent of the Contractor extend this Agreement for a further two (2) years, if the initial engagement has been satisfactory. Page 29 of 38

30 1.16 Call-off Contracts; for work on a package to start, the Procuring Entity shall issue a notice of acceptance of a particular package requesting the contractor to furnish a Performance Security and to start the works thereafter, and providing the contractor with details of location where the works, are to be carried out. The call-off statement shall specify the objectives, tasks, deliverables, timeframes and price or price mechanism. The price for individual call-off contracts shall be based on the prices detailed in the Framework Agreement If the contractor fails to provide a performance security and commence the works as instructed, the Procuring Entity may declare the Tenderer ineligible to be awarded a contract by the Procuring Entity for a period of time as stated in the TDS. Names of all Service Lines and Packages awarded to the Tenderer. Description and No of Service Line or Package Name of Tenderer Address of the Tenderer Awarded Tender price Page 30 of 38

31 DOC NO STANDARD TENDER DOCUMENT FOR PROCUREMENT OF SPECIALIZED GOODS TEXT BOOKS AND READING MATERIALS 1. INVITATION TO TENDER, Paragraph 2, Add: Tenders will be awarded on basis of Framework Agreement. 2. SECTION I - INSTRUCTIONS TO TENDERERS (a) Substitute the word Contract Agreement with Framework Agreement. (b) ITT 34.1; Insert as a second sentence the words The evaluation and award of contracts will be based on Packages. (c) Section III - Evaluation and Qualification Criteria Omit Para 4. and insert the following 4. Multiple Contracts (ITT 34.4) Tenders are invited for individual lots, the contract will be awarded to the tenderer offering a substantially responsive Tender(s) and the lowest evaluated cost for individual lots, subject to the selected tenderer(s) meeting the required qualification criteria (this Section III, Sub-Section ITT 36 Qualification Requirements) for each lot. In determining tenderer that offer the lowest evaluated cost to the Procuring Entity for each lot, the Procuring Entity shall apply the following steps in sequence: (f) (g) (h) (i) evaluate individual lots to determine the substantially responsive Tenders and corresponding evaluated costs; for each lot, rank the substantially responsive Tenders starting from the lowest evaluated cost for the lot; apply to the evaluated costs listed in (b) above, any applicable discounts/price reductions offered by a tenderer (s) for the award of each Lot based on the discounts and the methodology for their application offered by the respective Tenderer; and determine contract award on the basis of the lots that offer the tender offers each of which has the lowest evaluated cost to the Procuring Entity. (d) SCHEDULES of Requirement, Table of Price Schedule, change on Column 1 the words Line Item N to Lot N.. (e) FORM OF TENDER Omit whole Item (e) Tender Price and substitute with Page 31 of 38

32 (f) The total price of our Tender, excluding any discounts offered in item (f) below is as per listed Lots (list each lot with its price and then the total of all tendered for lots) [insert the prices of the Tender in words and figures, indicating the various amounts for lots and the respective currencies]; 3. CONDITIONS OF CONTRACT (a) Insert as Clause the following Framework Agreement The Parties shall enter into a Framework Agreement within 28 days after the Contractor receives the Letter of Acceptance, unless the Particular Conditions establish otherwise. The Framework Agreement shall be based upon FORM No. 3 FRAMEWORK AGREEMENT annexed to the Particular Conditions. The costs of stamp duties and similar charges (if any) imposed by law in connection with entry into the Framework Agreement shall be borne by the Procuring Entity The Framework Agreement establishes the terms and conditions that will govern the contract awarded during the term of the Framework Agreement. The Framework Agreement establishes for the procurement works by package as and when required, over the specified period of time. The Framework Agreement does not commit a Procuring Entity to procure, nor a Firm to supply. The Framework Agreement allows the Procuring Entity to call the Contractor to commence the works on a particular package in a specified location within the duration of the agreement This Framework Agreement does not guarantee the contractor of being called for a contract to start and no commitment is made with regard to possible number of packages to carried out This Framework Agreement does exclude the Procuring Entity from the right to procure the same Works from other firms This Framework Agreement does not stop the Procuring Entity from removing the contractor from the same Agreement The Procuring Entity may with the Consent of the Contractor extend this Agreement for a further two (2) years, if the initial engagement has been satisfactory Call-off Contracts; for work on a package to start, the Procuring Entity shall issue a notice of acceptance of a particular package requesting the contractor to furnish a Performance Security and to start the works thereafter, and providing the contractor with details of location where the works, are to be carried out. The call-off statement shall specify the objectives, tasks, deliverables, timeframes and price or price mechanism. The price for individual call-off contracts shall be based on the prices detailed in the Framework Agreement. Page 32 of 38