INVITATION TO TENDER FOR PROVISION OF ELECTRONIC DOCUMENT MANAGEMENT SYSTEM

TENDER NO. NHC/ICT/EDMS/007/16-17

INVITATION DATE: 22nd November 2016 CLOSING DATE: 7th December, 2016 at 11.00 am

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INVITATION TO TENDER

Re: Provision of Electronic Document Management System 1.1.1 The NHC invites sealed bids from eligible bidders with relevant qualifications and experience for Provision of, Electronic Document Management System 1.1.2 Interested eligible candidates may obtain bid documents from the Procurement Office, NHC House, Aga Khan Walk, 11th Floor, upon payment of a non-refundable fee of Kshs. 1,000 (One Thousand) only at the Co-operative Bank, Co-op House Branch A/c No. 01136006210301 and the bank slip submitted at the Cash Office situated at Ground Floor, NHC House between 8.00 a.m and 4.00 p.m. The bid documents can also be downloaded free of charge from the following websites: www.nhckenya.co.ke or www.supplier.treasury.go.ke. Bidders who download the bid document MUST arrange to register with NHC; the company name, postal, physical, email and telephone address for the purposes of receiving any further tender clarifications and/or addendums if need be vide [email protected]. 1.1.3 Prices quoted should be net inclusive of all taxes and must be in Kenya shillings and shall remain valid for 120 days from the closing date. 1.1.4 Tenders must be accompanied by a Tender Security of Kenya Shillings Sixty Thousand (60,000) in form of a guarantee from a reputable bank or an insurance company approved by Public Procurement Regulatory Authority. Firms owned by Special Groups (Youth, Women & PWD) will be required to dully fill the attached Tender Declaration Form. 1.1.5 Bidders shall ensure serialization of pages for each bid submitted. 1.1.6 Duly completed bid documents are to be enclosed in plain sealed envelopes, marked with the TENDER NO: NHC/ICT/EDMS/007/16-17 for Provision of Electronic Document Management System and be addressed to; The Managing Director, P.O. Box 30257-00100 Nairobi. And be deposited in the Tender Box located on Ground Floor of N.H.C house, so as to be received on or before 7th December 2016 at 11:00 Hours and shall be valid for a period of 120 days after bid submission. 1.1.7 Bids will be opened immediately thereafter in the presence of bidders and/or their representatives who choose to attend in the conference room located on the 10 th Floor of N.H.C House. Late bids will be rejected. MANAGING DIRECTOR Page 2 of 47

SECTION II INSTRUCTIONS TO TENDERERS 2.1

Eligible Tenderers

2.1.1.

This Invitation to tender is open to all Tenderers.

2.1.2.

NHC’s employees, committee members, board members and their relative (spouse and children) are not eligible to participate

2.1.3.

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 NHC 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.

2.1.4.

Tenderers involved in corrupt or fraudulent practices or debarred from participating in public procurement shall not be eligible.

2.2 2.2.1

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.

2.2.2

The price to be charged for the tender document shall not exceed Kshs. 1,000/=

2.2.3

NHC shall allow the Tenderer to review the tender document free of charge before purchase.

2.3 2.3.1.

Contents of tender documents The tender document comprises of the documents listed below and addenda issued in accordance with clause 2.5 of these instructions to tenders i. ii. iii. iv. v. vi.

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Instructions to Tenderers Form of tender Price schedules Contract form Confidential business questionnaire form Principal’s or manufacturer’s authorization form

vii. 2.3.2.

2.4

Tender Securing Declaration Form

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. Clarification of Documents

2.4.1.

A prospective candidate making inquiries of the tender document may notify the Procuring entity in writing or by post, fax or email at the entity’s address indicated in the Invitation for tenders. The Procuring entity will respond in writing to any request for clarification of the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by NHC. Written copies of the NHC’s response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective Tenderers who have received the tender documents”

2.4.2.

NHC shall reply to any clarifications sought by the Tenderer within 2 days of receiving the request to enable the Tenderer to make timely submission of its tender

2.5

Amendment of documents

2.5.1.

At any time prior to the deadline for submission of tenders, NHC, 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.

2.5.2.

All prospective Tenderers who have obtained the tender documents will be notified of the amendment by email and such amendment will be binding on them.

2.5.3.

In order to allow prospective Tenderers reasonable time in which to take the amendment into account in preparing their tenders, NHC, at its discretion, may extend the deadline for the submission of tenders.

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2.6 2.6.1.

2.7

Language of tender 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. 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 9, 10 and 11 below. (b) Documentary evidence established in accordance with Clause 2.11 that the Tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted; (c) Tenders must be accompanied by a Tender Security of Kenya Shillings Sixty Thousand (60,000) in form of a guarantee from a reputable bank. (d) Confidential business questionnaire

2.8

Form of Tender

2.8.1 The Tenderers shall complete the Form of Tender provided in the tender documents indicating the services to be performed and the total tender sum transferred from the price schedule. 2.9

Tender Prices

2.9.1 The Tenderer shall indicate on the Price schedule the unit prices where applicable and total tender prices of the services it proposes to provide under the contract. 2.9.2 Prices indicated on the Price Schedule shall be the cost of the services quoted including all customs duties and VAT and other taxes payable: 2.9.3 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 Page 5 of 47

quotation will be treated as non-responsive and will be rejected, pursuant to paragraph 2.22. 2.9.4 Contract price variations shall not be allowed for contracts not exceeding one year (12 months) 2.9.5 Where contract price variation is allowed, the variation shall not exceed 25% of the original contract price. 2.9.6 Price variation requests shall be processed by the procuring entity within 30 days of receiving the request. 2.10 Tender Currencies Prices shall be quoted in Kenya Shillings only. 2.11 Tenderers Eligibility and Qualifications. 2.11.1 Pursuant to Clause 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 its tender is accepted. 2.11.2 The documentary evidence of the Tenderers 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. 2.12 Tender Security 2.12.1 The Tenderer shall furnish, as part of its tender, a tender security for the amount and form specified in the Invitation to tender. 2.12.2 Tenders must be accompanied by a Tender Security of Kenya Shillings One Hundred Thousand (Kshs. 100,000) and shall be in the form (a) (b) (c) (d)

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Cash. A bank guarantee. Such insurance guarantee approved by the PPRA. Letter of credit.

2.12.3 Prospective bidders under AGPO will be required to ensure that the tender securing declaration form is dully signed and stamped. 2.12.4 Any tender not secured in accordance with paragraph 2.12.1 and 2.12.3 shall be rejected by NHC as non-responsive, pursuant to paragraph 2.20 2.12.5 Unsuccessful Tenderer’s security will be discharged or returned as promptly as possible as but not later than thirty (30) days after the expiration of the period of tender validity prescribed by the procuring entity. 2.12.6 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 2.30. 2.12.7 The tender security may be forfeited: (a) If a Tenderer withdraws its tender during the period of tender validity specified by the procuring entity on the Tender Form; or (b) In the case of a successful Tenderer, if the Tenderer fails: (i) To sign the contract in accordance with paragraph 30 or (ii) To furnish performance security in accordance with paragraph 31. (c) If the Tenderer rejects, correction of an error in the tender. 2.13 Validity of Tenders 2.13.1 Tenders shall remain valid for 120 days or as specified in the invitation to tender after date of tender opening prescribed by the NHC, pursuant to paragraph 2.18. A tender valid for a shorter period shall be rejected by the NHC as nonresponsive. 2.13.2 In exceptional circumstances, NHC 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 may refuse the request without forfeiting its tender security. A Tenderer granting the request will not be required nor permitted to modify its tender. Page 7 of 47

2.14 Format and Signing of Tender 2.14.1 The Tenderer shall prepare two copies of the tender, clearly / marking each “ORIGINAL TENDER” and “COPY,” as appropriate. In the event of any discrepancy between them, the original shall govern. 2.14.2 The original and all copies of the tender shall be typed or written in indelible ink and shall be signed by the Tenderer or a person or persons duly authorized to bind the Tenderer to the contract. All pages of the tender, except for un-amended printed literature, shall be initialed by the person or persons signing the tender. 2.14.3 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. 2.15 Sealing and Marking of Tenders 2.15.1 The Tenderer shall seal the original tender and the copy in an outer envelope, duly marking with the tender name and tender number and the words: “DO NOT OPEN BEFORE” 7th December 2016 at 11.00 a.m.”and shall be addressed to NHC at the address given in the invitation to tender. 2.15.2 The envelope shall also indicate the name and address of the Tenderer to enable the tender to be returned unopened in case it is declared “late”. 2.15.3 If the outer envelope is not sealed and marked as required by paragraph 2.15.2, NHC will assume no responsibility for the tender’s misplacement or premature opening. 2.16 Deadline for Submission of Tenders 2.16.1 Tenders must be received by NHC at the address specified under paragraph 2.15.2 no later than 7th December 2016 at 11.00 a.m.” 2.16.2 NHC may, at its discretion, extend this deadline for the submission of tenders by amending the tender documents in accordance with paragraph 6, in which case all Page 8 of 47

rights and obligations of NHC and candidates previously subject to the deadline will thereafter be subject to the deadline as extended. 2.17 Modification and withdrawal of tenders 2.17.1 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 tender’s is received by NHC prior to the deadline prescribed for the submission of tenders. 2.17.2 The Tenderer’s modification or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of paragraph 2.15. A withdrawal notice may also be sent by email, but followed by a signed confirmation copy, postmarked not later than the deadline for submission of tenders. 2.17.3 No tender may be modified after the deadline for submission of tenders. 2.17.4 No tender may be withdrawn in the interval between the deadline for submission of tenders and the expiration of the period of tender validity specified by the Tenderer on the Tender Form. Withdrawal of a tender during this interval may result in the Tenderer’s forfeiture of its tender security, pursuant to paragraph 2.12.7. 2.17.5 NHC may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination. 2.17.6 NHC 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. 2.18 Opening of Tenders 2.18.1 NHC will open all tenders in the presence of Tenderers’ representatives who choose to attend, on “7th December 2016 at 11.00 a.m.”and in the location specified in the invitation to tender. The Tenderers’ representatives who are present shall sign a register evidencing their attendance. 2.18.3 The Tenderers’ names, tender modifications or withdrawals, tender prices, discounts, and the presence or absence of requisite tender security and such other

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details as the Procuring Entity, at its discretion, may consider appropriate, will be announced at the opening. 2.18.4 The procuring entity will prepare minutes of the tender opening which will be submitted to the Tenderers that signed the tender opening register and will have made the request. 2.19 Clarification of tenders 2.19.1 To assist in the examination, evaluation and comparison of tenders the NHC 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 shall be sought, offered, or permitted. 2.19.2 Any effort by the Tenderer to influence the NHC in the procuring entity’s tender evaluation, tender comparison or contract award decisions may result in the rejection of the Tenderers tender. Comparison or contract award decisions may result in the rejection of the Tenderers’ tender. 2.20 Preliminary Examination and Responsiveness 2.20.1 NHC will examine the tenders to determine whether they are complete, whether any computational errors have been made, whether required securities have been furnished whether the documents have been properly signed, and whether the tenders are generally in order. 2.20.2 The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction, adjustment or amendment in any way by any person or entity. 2.20.3 NHC may waive any minor informality or nonconformity 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. 2.20.4 Prior to the detailed evaluation, NHC 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. NHC determination of a Page 10 of 47

tender’s responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence. 2.20.5 If a tender is not substantially responsive, it will be rejected by NHC and may not subsequently be made responsive by the Tenderer by correction of the nonconformity. 2.21 Evaluation and Comparison of Tenders. 2.21.1 Tenderers who fail to meet mandatory requirements will have their bids considered non-responsive. Evaluation of mandatory requirements will form the first stage of tender evaluation and tenderers who fail at this stage will have their bids rejected. 2.21.1 NHC will evaluate and compare the tenders which have been determined to be substantially responsive, pursuant to paragraph 2.20. Technical specification above will constitute 80% of while the Financials will constitute 20%. 2.21.2 The comparison shall also include all costs as well as duties and taxes payable. 2.21.3 The tender evaluation committee shall evaluate the tender within 30 days from the date of opening the tender. 2.21.4 NHC’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 2.21.2 and in the technical specifications. 2.22.

Contacting NHC

2.22.1

Subject to paragraph 2.19, no Tenderer shall contact NHC on any matter relating to its tender, from the time of the tender opening to the time the contract is awarded.

2.22.2

Any effort by a Tenderer to influence NHC in its decisions on tender evaluation tender comparison or contract award may result in the rejection of the Tenderers tender.

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2.23

Award of Contract

2.23.1

Pursuant to paragraph 2.21.4 the following evaluation methods will be applied: (a) Operational Plan.

2.23.2

The Procuring entity requires that the services under the Invitation for Tenders shall be performed in a period of 8 weeks. Tenderers offering to perform longer than the procuring entity’s desired delivery time will be treated as non-responsive and shall be rejected.

2.23.3

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 b) Post qualification

2.23.4

NHC will 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.

2.23.5

The determination will take into account the Tenderer’s 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 2.1.2, as well as such other information as the Procuring entity deems necessary and appropriate.

2.23.6

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 NHC will proceed to the next lowest

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evaluated tender to make a similar determination of that Tenderer’s capabilities to perform satisfactorily. c) Award Criteria 2.23.7

Subject to paragraph 2.12 NHC 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.

2.23.8

NHC reserves the right to accept or reject any tender and to annul the tendering process and reject all tenders at any time prior to contract award, without thereby incurring any liability to the affected Tenderer or Tenderers or any obligation to inform the affected Tenderer or Tenderers of the grounds for NHC action. If NHC determines that none of the Tenderers is responsive; NHC shall notify each Tenderer who submitted a tender.

2.23.9

A Tenderer who gives false information in the tender document about its 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.

2.24

Notification of award

2.24.1

Prior to the expiration of the period of tender validity, NHC will notify the successful tenderer in writing that its tender has been accepted. NHC shall also notify in writing all other persons submitting tenders that their tenders were not successful, disclosing the successful tenderer as appropriate and reasons thereof. The notification of award will signify the formation of the Contract subject to the signing of the contract between the Tenderer and NHC pursuant to clause 2.29. Simultaneously the other Tenderers shall be notified that their tenders have not been successful.

2.24.2

2.24.3

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Upon the successful Tenderer’s furnishing of the performance security pursuant to paragraph 31, NHC will promptly notify each unsuccessful Tenderer and will discharge its tender security, pursuant to paragraph 2.12.

2.25

Signing of Contract

2.25.1

At the same time as NHC notifies the successful Tenderer that its tender has been accepted, NHC will simultaneously inform the other Tenderers that their tenders have not been successful.

2.25.2

Within fourteen (14) days of receipt of the Contract Form, the successful Tenderer shall sign and date the contract and return it to NHC.

2.25.3

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.

2.26

Performance Security

2.26.1

Within thirty (30) days of the receipt of letter of award from NHC, the successful tenderer shall furnish a performance security equivalent to 5% of the contract sum accordance with the Performance Security Form provided in the tender document, or in another form acceptable to NHC.

2.26.2

The proceeds of the performance security shall be payable to NHC as compensation for any loss resulting from the Tenderer's failure to complete its obligations under the Contract.

2.26.3

The performance security shall be denominated in the currency of the Contract or in a freely convertible currency acceptable to the NHC and shall be in the form of: a) Cash. b) A bank guarantee. c) Such insurance guarantee approved by PPRA. d) Letter of credit.

2.26.4

Failure by the successful tenderer to comply with this requirement shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security, in which event NHC may make the award to the next lowest evaluated tender or call for new tenders.

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2.26.5

The performance security will be discharged by NHC and returned to the Candidate not later than thirty (30) days following the date of completion of the Contractor's performance of obligations under the Contract, including any warranty obligations, under the Contract.

2.27 Corrupt or Fraudulent Practices 2.27.1

NHC 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.

2.27.2

NHC 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;

2.27.3

Further, a Tenderer who is found to have indulged in corrupt or fraudulent practices risks being debarred from participating in public procurement in Kenya.

2.28

EVALUATION CRITERIA PRELIMINARY/MANDATORY EVALUATION i. Copy of Certificate of Incorporation/Registration ii. Copy of Valid Tax Compliance Certificate iii. Duly filled, signed & stamped Form of Tender iv. Dully filled, signed & stamped Confidential Business Questionnaire v. Dully filled, signed & stamped tender securing declaration form by AGPO firms vi. Copy of valid YAGPO certificate from The National Treasury for those biding under YAGPO

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2.29

TECHNICAL EVALUATION

a) Technical/Tenderer’s Response All tenderers Must fill the Tender Specification table below. The Tenderers response column in the table below shall be descriptive and not restrictive. The Tenderer is expected not only to Mark Yes or No, but provide a descriptive response that responds to expected specification. Marking Yes or No alone without a descriptive response will lead to no technical score on the item. Copying EDMS specification and pasting it as Tenderer’s Technical response will earn no score. Each Tenderer’s response on the specifications will have a score of between 0 and 5 marks. The Tenderer’s technical responces shall be used for technical evaluation. Tenderers are also advised not to hand-write the TENDERER’S TECHNICAL RESPONSE column but download the soft copy of this document and type in the response. Technical evaluation will carry 80% of the Total score. Tenderers who score more than 70% on Technical specifications will proceed to Financial Evaluation.

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Technical Specification Response Table No

EDMS- SPECIFICATIONS

1) 2)

The EDMS must be web based Migrate all (about 4 million) scanned and archived records. Index all records Train ICT staff 6 (no) on how to create workflows in the system The System must enforce system security in terms of complex passwords, password length, password expiry, audit and encryption. The file formats that are currently utilized in NHC should be integrated with the solution i.e. MS Office formats, Adobe suite formats, Open Content format, tiff and jpeg. Must enable the scanning of Contents into electronic-based records. Must allow for advanced search capabilities.

3) 4) 5)

6)

7) 8)

11)

Must enable the migration of existing images and files to the new platform vi. Must enforce comprehensive version control. Must enable the administration of workflow based Content control and archival. Should enable a search facility with linkage, metadata and lifecycle management. Should allow for integration with existing systems to enable easy retrieval of Contents and relevant information. Should come with support and maintenance.

12)

User and technical training must be provided.

13)

Technical and user manuals must be provided.

14)

Provision of annual licensing, warranty, maintenance and other costs. Should enable the configuration of the Content retention period in accordance with the bureau’s policies.

9)

10)

15)

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TENDERER’S TECHNICAL RESPONSE

16) 17) 18) 19)

20) 21)

22) 23)

24)

25) 26)

27) 28)

29)

30)

31)

Should have a management reporting facility. Support for scanner models, driver interfaces, image formats and system architecture. Support modern technology for tagging and tracking Contents. Ability to be available on the Local Area Network and capability to publish and access outside the LAN Utilization of a Relational Database Management System Friendly interface that should be easy to extend and customize with default interfaces and functions that use basic html and java System architecture that follow the thin client model Server Configuration that consist of supporting servers running application, database and file management software. An automated environment for capturing and storing permanently electronic documents (digital images) quickly and effectively Have quick, easy, and timely retrieval of records and information as may be needed. Incorporation of an inbuilt capture mechanism with proven poling interval and thread count for number of images Capability to define input and output descriptors for capturing images from any source Have a feature for managing and assigning access rights and privileges to all the data and documents in the EDMS, either based on role or job function. Separation of the process of authentication into the system and authorization for content access through a well defined security mechanism. Ability to integrate with Microsoft Active Directory (for authentication) and Microsoft Exchange email system and ability to send notifications and documents through emails. Portability to other systems in place.

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32) 33) 34)

35)

36) 37)

38) 39)

40)

41)

42)

43)

44)

Support of multiple and separate storage areas for better management of documents. Ability of the system to mirror storage areas to ensure retrieval after a disaster Management of storage areas that have exceeded capacity and overflow to the next available storage area automatically. Support of distributed Document Repositories or storage controllers that can be rolled over to more than 3 directories and continues to store files in the next available set of rollover pools. Support of Multiple platforms specifically Windows, Linux and Sun Solaris. Proven performance statistics in multiple configurations that covers not only the storing of documents into the repositories but also the retrieval, supporting a search time of less than 4 seconds. Ability to handle hundreds of thousands of images. Support of unlimited storage capacity by automatic / manual creation of Volume disks of predefined sizes and disk labeling. Provision of an easy-to-use graphical designer facility that customizes the document management interface as per the NHC functional requirements. Provision of a Bulk scanning facility for documents that supports a Client-Server architecture where scanned documents can be temporarily archived before uploading to the central server Support for Quick scanning and indexing of bulk documents with the various stages of scanning, quality check and Indexing clearly mapped Support for automatic categorization of scanned images as different documents e.g. application form, Supporting documents, Field reports etc. Provision of an easy to use GUI for setting the scanning properties like indexing parameters, document and folder nomenclature, zones for data extraction etc.

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45)

46) 47)

48) 49)

50)

51)

52)

53)

54)

Capability of document capture from any source by use of well-defined input and output descriptors & indexing on user-defined fields on Document Management system level. Supports the FIFO Indexing methodology File storage module that support the following functions at the minimal:  Image versioning  Scan image as new version  Download file  View  Lock or reserve document  Edit document – Edit check-out  Add rendition  Publish and unpublished document  File level encryption option  Digital signatures of storage level Support of enhanced document versioning. Support of Bulk Import of images and data and automatic indexing of documents from all data sources, e.g. fax, scanners, x-rays etc. Seamless Integration with the Mail server for direct Uploading of Emails for corresponding users and indexing on user defined parameters Support of all commonly used file formats as MSOffice, Acrobat, TIF, JPEG, GIF, BMP and scanned documents. Ease and flexibility of arranging documents in a folder by. Sorting and viewing the documents in the folder on number of relevant parameters of the document such as Name, Date, Type, Size, Pages and Useful Information and ability have a function of clarifying these documents into sections. Facility to link cross-related documents through reference keys that are unique to each category of document A search facility in the same interface, so that users are able to search the documents stored

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55) 56)

57)

58) 59) 60)

61) 62) 63)

64)

65)

66) 67) 68) 69)

Versioning of documents with automated version control and numbering that cannot be altered. Locking of documents for editing and importing back into the system through check-in/Check-out features. Support of Applet for viewing Image documents. These applets should have capability to be enabled or disabled depending on need basis. Support for viewing documents in the native application. Inbuilt facility of putting text, graphic and image annotations on document pages. A Tiff Image applet that support comprehensive annotation features like highlighting, marking text, underlining putting sticky notes on documents, and support for text and image stamps etc. Automatic stamping of annotations with user name, date and time of putting annotations. A facility for securing annotations for selective users. A facility for users to enter remarks / comments / message and secure notes on the documents as per the requirements. The secured notes shall only be visible to users that have been provided the rights to view the secured notes. Facilitation for zoom-in/zoom-out, zoom percentage and Zoom lens to zoom in on a part of image and other image operations like Invert, rotate etc. Storage of annotations as a separate file with no change to the original image and facilitate the taking of print outs with or without annotations. Support for Thumbnails and thumbnail generator on image documents. Facility to case files or folders and documents on user-defined indexes A facility to set particular fields as mandatory or unique. Facilitate manual and automatic indexing using

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70) 71) 72) 73) 74)

75)

76) 77)

78) 79)

80) 81) 82)

83)

84)

OCR functionality or from other applications. Support of automatic full text indexing for Text search. Provision of an extensive search facility to retrieve documents or Folders. Inbuilt facility for saving the search queries and search results. Support for combined search on Profile, Indexed and Full Text Search. Support search of documents or folders on profile information such as name, created, modified or accessed times, keywords, owner etc. Support search of documents/Folders using userdefined indexes and document classes’ i.e. on Customer name, Customer number etc. Support of Full Text Search on image and electronic documents. Support advanced search using Boolean and logical operators like and, or, greater than etc. for example searching application form on the basis of customer type and city etc Facility to export results into Spreadsheet format. Support of authorized users to forward the flies/documents for approval in a pre-defined or flexible route so as to access the work items from their Inbox, process it and forward it or revert it for further processing. Support collaborative working on documents in a secure environment through Workflow instances. Support routing of Workflow instances to users’ inboxes for their action. Facility that gives an option to Refer Work items to other users for reference even if that user is not part of the workflow route. Facility to Divert work items to other users for delegating or substituting, whenever user goes on leave. Support for Time-based and Event-based reminders and automatic escalations to concerned

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85) 86)

87)

88) 89) 90) 91) 92)

93) 94)

95) 96)

97)

user after a specified interval of time. Provision of a facility to assign tasks and set deadlines for each user in workflow. Support dynamic rights allocation on objects after receiving the work item. The rights should be enabled / disabled automatically as the letter is routed in the defined path. Support for strong searching, reporting and monitoring of work process and status to help in automating work processes and improve efficiency like search on pending work items, completed work items or No. of work items pending with specific user etc. Support for definition of Users, Groups and Roles relation in the system. Support for access permissions on Folders, documents and object level up to field level. Support for multiple levels of access rights (Delete/ Edit/ View/ Print/ manage or create etc). Support for system privileges like Create/Delete Users, Admin etc. Support for integration with Active Directory for extensive password validations e.g. passwords of minimum characters, alphanumeric, locking of userid after three un-successful attempts, password expiry, password history so that passwords are not same as previous passwords etc. Provision of support for HTTPS's/SSL for secured data transfer. Support for Extensive Audit-trails (Recording of history) at document, Folder and for highest levels for each action done by particular user with user name, date and time. Support for a web-based administration module for the complete management of system. Support for Users/Groups/Role definition and granting Access Rights to them and set password expiries. Provision of an Admin module shall provide easy to

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98)

99)

100) 101)

102)

103)

use interface for Index structure definition that can be used by different users. Facility to take complete and incremental backups through configuration of mirror pools and shall be able to integrate with third party backup solutions. An admin interface shall provide facility and interface to define workflows with sequential and flexible routes and option to set escalation mechanism. Support for Extensive Audit-trails at user, Folder and Cabinet levels. The bidders must give assurance that the system components are covered and provided with warranty agreements. The warranty shall cover correction of system processing defects attributable to the software, hardware/software configuration and network infrastructure (where applicable) for a period of 12 months (1 Year). The bidder must have locally available qualified and experienced IT personnel who will provide assistance in the installation, implementation and utilization of the system. They must be located locally and dedicated to this project. Technical and project management support shall be required until the end of the project. Provision of System Management Training for the IT Staff and System operation training for endusers.

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b)

Technical Evaluation Score Distribution

The scores will be distributed as in the table below. NO

SCORE 10 Marks

1

DESCRIPTION Experience of at least two years in provision of similar services

5 Marks

2

Letters of reference from at least two reputable clients for whom you have offered similar assignments

10 Marks

3

At least two number professionals who are certified in document management systems

5 Marks

4

Detailed description of the proposed work-plan indicating time frames for the whole exercise

5

Conformity to specifications and tender response table

50 Marks

Total

80 Marks

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c) Financial Evaluation Criteria Financial Evaluation shall constitute 20% of the total evaluation score. The formulae for determining the financial score (SF) shall be as follows;

SF

-

20 x fm/f

SF

-

Financial Score

FM

-

The lowest price quoted

F

-

The price of the bid under consideration

Where;

(The lowest price quoted will be allocated the maximum score of 20) Combined technical and financial scores The following formula shall be used

T.S (80%) +F.S (20%) = T.T.L (100%)

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2.30

SCOPE OF WORK

2.30.1

Project background, Goals and objectives The Corporation has about four million scanned records in mostly A4 size and in PDF Format. These records are archived. These records need an EDMS system to manage storage and retrieval among other things. The successful Tenderer will be required to load these records into the EDMS. The Corporation has Canon and Epson Scanners that are continuously capturing documents in all registries. The successful Tenderer will be required also to load these records into the EDMS. The Corporation is looking for an Electronic Document Management System (EDM) platform for creating, capturing, managing, delivering and archiving large volumes of documents and contents. Also integrates seamlessly with other enterprise applications. The EDMS should handle Scanned Document Images, Electronic Documents, Emails and Electronic Data Output from other applications with equal efficiency and ease. It should allows the end-to-end management of enterprise content like paper documents, forms and electronic files, right from capture to processing, to distribution and disposition. It should offer smart tools and innovations to ensure that information originating from multiple sources is captured at the right instance, stored in a secured central repository and made accessible across the organization. The EDMS should deliver contextual information to business stake holders for improved collaboration, smarter decision making and enhanced customer satisfaction. It should provide flexibility to access or deliver content over Mobile and Cloud creating a highly connected and digital workplace. It should be secure to ensure regulatory requirements on document storage and disposition The EDMS shall achieve the following goals: 1. Rapid recovery of essential documents and records in the event of disaster

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2. 3. 4. 5.

Improved overall utilization of resources including space, and staff time Control over the growth of documents and records volume Consistent application of recordkeeping policies Demonstrable compliance with statutory and regulatory recordkeeping requirements 6. Rapid ability to locate and retrieve documents and records 7. More efficient work flow for the creation, maintenance, preservation of documents 8. Prevention of destruction of records 9. Reduction in the storage of duplicate documents and records 10. Reduction in the amount of space required for document and record storage The proposed system must: Be web-based application (Note: Proposal will be disqualified if the proposed solution is not a web-based application – i.e., No client/server architecture) 1. 2. 3. 4. 5. 6. 7.

Be user friendly (simple to use) Provide tools for easy extraction of documents Improve information sharing among departments and staff Reduce duplication of effort Be compatible with NHC’s current ICT Infrastructure Be adaptable and expandable to meet future needs Include prompt, reliable, consistent customer support and full and accurate documentation

2.30.2

Project Benefits to the Corporation

The EDMS should;1. Improve Customer Satisfaction through quick turnaround time, accurate responses 2. Enhanced Productivity through delivery of contextual content to the business user, enhancing efficiency and reusability 3. Greater Compliance through standardization robust records management and extensive audit capabilities 4. Reduced Operating Costs through electronic handling of critical content in all forms, right from its capture, storage and management to delivery Page 28 of 47

2.30.3

EDMS Feature Highlights:

1. Platform independent repository to store content in multiple file formats 2. Easy retrieval by access through web interfaces 3. Comprehensive library services including check-in / check-out and versioning 4. Search content on profile, user defined indexes, date and document content 5. Audit trails 6. Comprehensive reports on transacted documents 7. Support for viewing and annotating on image documents through HTML5 based viewer 8. Secured access to content ensuring document confidentiality and integrity of records 9. Supports interoperability through CMIS compliance 10. Supports open standards like PDF/ A 11. Support for e-signature with third party integrations for seamless approvals and non repudiations

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2.30.4

Capture and Imaging

The EDMS Suite should leverage smart capture and imaging tools to ensure that vital enterprise information from documents, files, emails and the web are captured and leveraged effectively. 1. Scan - Scan, Digitize, Deliver Brings agility to enterprise level document capture and scanning. Feature Highlights a. Scan using powerful GUI based templates b. Immediate and batch mode scanning with policy based upload c. Smart data extraction through integration with OCR, ICR and Barcode applications d. Document Quality Analyzer (DQA) technology for automated image enhancements and corrections. 2. Scan Web For easy scanning from any desk across the organization, ideally suited for inserting additional pages and ad-hoc scanning. Allow users to capture information from physical documents with relevant metadata and initiate business processes on the go. Feature Highlights are;a. Mobile capture with advanced document imaging and extraction b. Automated image compression, enhancement, color conversion, and multiple image creation c. Geo-fencing and tagging for location intelligence d. Available on Android/ iOS and Windows

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2.30.5

Project Management Plan

The successful Tenderer will be required to prepare and submit written bi-weekly progress reports and formal monthly status reports as part of the Project Management Plan. Monthly status reports shall include description of progress made during the reporting period; outstanding issues and recommendations for resolution; deliverables completed during the reporting periods; summary of risks and impacts identified and identification of the action and person(s) responsible for mitigating the risk and resolving problems. Develop and maintain a Project Management Plan. The Project Management Plan will identify:  Document/records management goals and objectives  Key steps and milestones to achieve stated objectives 

Implementation timelines



Document management systems and processes that should be in place after the implementation of the EDMS Project.

 Tenderer Project Team members, roles and responsibilities The Project Management Plan will include prioritized document management activities and recommended action steps for the following critical items: 2.30.6 Design and Configure EDMS Produce an EDMS indexing schema and a detailed design of the EDMS. The indexing schema should be based upon the Document Index Structure used in the NHC filing system 2.30.7 Implement EDMS Solution Provide services to develop the EDMS solutions. The Tenderer shall install, configure and deploy the EDMS delivering a completely functional system consistent with the Project Goals and and technical specifications.

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2.30.8

System Production Testing

Provide production testing of all EDMS solutions to ensure a fully functional system prior to cut-over / go-live. Production testing will include testing the EDMS at different levels, e.g., all application software and hardware (at the user, department and enterprise levels), system level, security, performance stress testing, etc. 2.30.9 Systems & End User Documentation & Training Provide systems and department specific (role-based) end user documentation (manuals, user guides in PDF format) and training to ensure the effective and successful use of the EDMS solution 2.30.10 EDMS Delivery, System Acceptance Testing and Cut-Over Work with NHC to provide the necessary technical staff to carry out the EDMS system acceptance testing and cut-over. At a minimum, EDMS delivery and acceptance testing will include, but will not be limited to, developing a testing strategy, developing a testing plan for each department and the preparation of test scripts. System testing will also include module testing, user acceptance testing, integration testing, testing of configuration, interfaces, data conversion, and stress and load testing. Complete enterprise system test will be carried out, and signed-off on by NHC, prior to cutting over and going live. 2.30.11 Systems Maintenance & Ongoing Technical Support Provide systems maintenance and ongoing technical support, including telephone, web based and/or onsite technical support

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2.30.12

Deliverables

By the end of the Project, the successful Tenderer shall deliver the following: a. An operational EDMS b. All proposed software and components including licensing and terms c. System documentation including installation procedures and configuration, data schema, network diagrams, and other such documentation as may be required by NHC’s Department of Information Technology. d. Training manuals and user guides (PDFs) e. Online or built-in help features f. Training of; (i) Eight 8No. registry staff (ii) Five 5No. ICT staff

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2.31 Hardware Server Technical Specifications All Tenderers are to quote for the supply installation and configuration of the Server whose specifications have been given below that will be used to run the EDMS. No Item Processor 1 2

Memory

3

Memory slots Optical Drive Bay Optical drive. PCI express slots USB

LED

5

6

7 8

Item Description Intel® Xeon® E5-2660 v4, heat sink with Smart Socket Guide, CPU frequency 64 GB (4*16GB REGISRED DIMMs 2400MHz) DIMM slots Universal media Bay Half Height SATA DVD-ROM, DVDRW PCIe 3.0 slots USB 2.0 USB 3.0 Health NIC Status Power supply

VGA Fan HDD Internal Storage Power Type Network controller

standard standard Hot-plug fans 10k SAS 1TB 8SFF HHD Bays (Upgrdable to 24) Flexible Slot Platinum Hot Plug 4*1 GB, PLUS 2*10GB SFP+Flexible LOM

Storage controller Form factor Server managementInfrastructure management

Flexible Smart Array P440ar/2GB Rack (2U), easy install rails with CMA iLO Management (standard), Intelligent Provisioning (standard), iLO Advanced (optional)

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Quantity 2

64GB 24 1 6 2 1 1 1 1 2 6 3 Max 24 (2) Flex Slot 4 Ports per controller and Optional Flexible LOM 1 1 1

Graphics

Operating Systems and Virtualization Software Support

9

Energy Star Warranty

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Integrated Matrox G200eH2 video standard with 16MB of Video RAM  1280 x 1024 (32 bpp)  1920 x 1200 (16 bpp) HPE iLO 4 On System Management Memory  16 MB Flash  256 MB DDR3 with ECC (112 MB after ECC and video) Microsoft Windows Server, Canonical Ubuntu, Red Hat Enterprise Linux (RHEL), SUSE Linux Enterprise Server (SLES) Oracle Solaris, VMware Meets Energy Star requirements Server Warranty includes three years of parts, three years of labor, three years of onsite support coverage

1

2.32. PRICE SCHEDULE FOR GOODS AND SERVICES Based on the information contained in the Description of Services, Tenderers should provide a breakdown of costs in the format shown below. This will constitute the Financial bid. No.

Item

1

Hardware Server

2

3

4

Item Description

Supply install and configure EDMS Server Hardware as specified in the “Hardware Server Technical Specifications” Server Supply install an appropriate Server Operating Operating System that will manage the System EDMS. The installed OS must integrate with the Existing Windows and Linux (Obuntu) in the Corporation. Service Migrate all (about 4 million) scanned records into the EDMS. Index the records and facilitate their management Consultancy Deliver: a. An operational EDMS b. All proposed software and components including licensing and terms c. System documentation including installation procedures and configuration, data schema, network diagrams, and other such documentation as may be required by NHC’s Department of Information Technology. d. Training manuals and user guides (PDFs) e. Online or built-in help features f. Training of; (i) Eight 8No. registry staff (ii) Five 5No. ICT staff VAT Grand Total

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Quantity

Total Price

2.33 STANDARD FORMS The table below shows all forms that must be filled and submitted by the Tenderers No. 1

Form Form of Tender

2

Price schedule for Goods and Services Contract Form

3

4

5

6

7

8

9 10

Description The form of Tender must be completed by the Tenderer and submitted with the tender documents. It must also be duly signed by duly authorized representatives of the Tenderer The price schedule form must similarly be completed and submitted with the tender The contract form shall not be completed by the Tenderer at the time of submitting the tender. The contract form shall be completed after contract award and should incorporate the accepted contract price This form must be completed by the Tenderer and submitted with the tender documents

Confidential Business Questionnaire Form Tender Security Tenders must be accompanied by a Tender Security of Kenya Form Shillings Sixty Thousand (60,000) in form of a guarantee from a reputable bank or an insurance company approved by Public Procurement Regulatory Authority. Firms owned by Special Groups (Youth, Women & PLWD) will be required to dully fill the attached Tender Declaration Form. Performance Within Thirty (30)days of the receipt of notification of award Security from the Procuring entity, the successful tenderer shall furnish the performance security equivalent to 10% of the contract sum Evaluation These forms should be completed by the Tenderer and Response submitted with the tender documents as it will be used for Forms technical evaluation Tenderers This form should be completed by the Tenderer and submitted Experience with the tender documents as they will be used for Evaluation Requirement Form Authorization Principal’s or manufacturer’s authorization to deal with the required softwares Operational Work plan on how to deliver the project plan

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2.34 FORM OF TENDER Date____________________________ To: Sir/Madam: Having examined the Tender documents including Addenda Nos.[insert addenda numbers], the receipt of which is hereby duly acknowledged, we, the undersigned, offer to ………………………………. in conformity with the said Tender documents for the sum of ………………………………………. or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Tender. We undertake, if our Tender is accepted, to deliver the Services in accordance with the delivery schedule specified in the Schedule of Requirements. We agree to abide by this Tender for the Tender validity period specified in Clause 2.13 of the Appendix to Instructions to Tenderers, and it shall remain binding upon us and may be accepted at any time before the expiration of that period. We are not participating, as Tenderers, in more than one Tender in this Tendering process. Our firm, its affiliates or subsidiaries – including any subcontractors or suppliers for any part of the contract – has not been declared ineligible by the Government of Kenya under Kenyan laws. Until a formal Contract is prepared and executed, this Tender, together with your written acceptance thereof and your notification of award, shall constitute a binding Contract between us. We understand that you are not bound to accept the lowest or any Tender you may receive. We certify/confirm that we comply with the eligibility requirements as per ITT Clause 3 of the Tender documents Dated this ________________ day of ________________ 20______. (Name) --------------------------------------------------------[signature] [in the capacity of] Duly authorized to sign Tender for and on behalf of ______________________________ Signature and Rubber Stamp of Tenderer

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2.35 CONFIDENTIAL BUSINESS QUESTIONNAIRE You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2(b) or 2(c) whichever applied to your type of business.

You are advised that it is a serious offence to give false information on this form. Part 1 General Business Name................................................................................................................................... Location of Business Premises ......................................................................................................... Plot No,................................................................ Street/Road .......................................................... Postal address ............................ ……..……Tel No. ..................... ……………………………… Fax ……………………………………… Email .......................... ................................................... Nature of Business ............................................................................................................................ Registration Certificate No. ............................................................................................................... Maximum value of business which you can handle at any one time – Kshs. .................................... Name of your bankers ........................................................................................................................ .................................................................................................................................................. Branch ...................................................................................................................................... Page 39 of 47

Part 2 (a) – Sole Proprietor Your name in full……………………….Age…………………………………………. Nationality……………………………Country of Origin…………………………….. Citizenship details …………………………………………………….. Part 2 (b) – Partnership Given details of partners as follows Name Nationality Citizenship details Shares 1. ………………………………………………………………………………………… 2. ………………………………………………………………………………………… 3. ………………………………………………………………………………………… 4. ………………………………………………………………………………………… Part 2 (c) – Registered Company Private or Public State the nominal and issued capital of company Nominal Kshs. Issued Kshs. Given details of all directors as follows Name Nationality Citizenship details Shares 1. ………………………………………………………………………………………… 2. ………………………………………………………………………………………… 3. ………………………………………………………………………………………… 4. ………………………………………………………………………………………… Date……………………………………….Signature of Candidate………………………..

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2.36 TENDER SECURITY FORM Whereas ………… [Name of the Tenderer] (Hereinafter called “the Tenderer”) has submitted its tender dated ……… [Date of submission of tender] for the …………… [Name and/or description of the tender] (hereinafter called “the Tender”) KNOW ALL PEOPLE by these presents that WE ………………… of ………… [Name of Insurance Company] having our registered office at …………… (hereinafter called “the Guarantor”), are bound unto …………….. [Name of Procuring Entity](hereinafter called “the Procuring Entity”) in the sum of ………………… (Currency and guarantee amount) for which payment well and truly to be made to the said Procuring Entity, the Guarantor binds itself, its successors, and assigns by these presents. Sealed with the Common Seal of the said Guarantor this ___day of ______ 20 __. THE CONDITIONS of this obligation are: 1. If after tender opening the Tenderer withdraws his tender during the period of tender validity specified in the instructions to Tenderers, Or 2. If the Tenderer, having been notified of the acceptance of his tender by the Employer during the period of tender validity: (a) fails or refuses to execute the form of Agreement in accordance with the Instructions to Tenderers, if required; or (b) fails or refuses to furnish the Performance Security, in accordance with the Instructions to Tenderers; We undertake to pay to the Procuring Entity up to the above amount upon receipt of its first written demand, without the Procuring Entity having to substantiate its demand, provided that in its demand the Procuring Entity will note that the amount claimed by it is due to it, owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force up to and including thirty (30) days after the period of tender validity, and any demand in respect thereof should reach the Guarantor not later than the said date. _________________________ [Date ]

______________________________ [Signature of the Guarantor]

_________________________ [Witness]

______________________________ [Seal]

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2.37 TENDERER’S EXPERIENCE REQUIREMENTS FORM Give a list of reputable clients for whom they have offered similar assignments in the format below. No. 1

2

3

4

5

Contact Information Name of company Name of contact person Designation Telephone number e-mail address Site Location Name of company Name of contact person Designation Telephone number e-mail address Site Location Name of company Name of contact person Designation Telephone number e-mail address Site Location Name of company Name of contact person Designation Telephone number e-mail address Site Location Name of company Name of contact person Designation Telephone number e-mail address Site Location

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Details

2.38 Authorization Every Tenderer must provide Manufacturer’s Authorization to deal will with the required EDMS software.

2.39 Operation plan Every Tenderer shall provide a work plan on how to deliver the EDMS project.

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2.40 Tender Securing Declaration - (Meant For Special Groups Only) [The Tenderer shall fill in this Form in accordance with the instructions indicated.] Date: .................................................................. Tender No.:........................................................ [insert date (as day, month and year)] [insert number of Tendering process] To: .............................................................. [insert complete name of Procuring Entity] We, the undersigned, declare that: We understand that, according to your conditions, tenders must be supported by a TenderSecuring Declaration. We accept that our future ability to tender shall be jeopardized if we are in breach of our obligation(s) under the Tender conditions, because we: (a) have withdrawn our Tender during the period of Tender validity specified in the Form of Tender; or (b) having been notified of the acceptance of our Tender by the Purchaser during the period of Tender validity, (i) fail or refuse to execute the Contract, if required, or (ii) fail or refuse to furnish the Performance Security, in accordance with the conditions of the tender. We understand this Tender Securing Declaration shall expire if we are not the successful Tenderer, upon the earlier of (i) our receipt of your notification to us of the name of the sccessful Tenderer; or (ii) twenty-eight days after the expiration of our Tender. Signed: ............................................................................... [insert signature of person whose name and capacity are shown] In the capacity of................................................................ [insert legal capacity of person signing the Tender Securing Declaration] Name: ............................................................................... [insert complete name of person signing the Tender Securing Declaration] Duly authorized to sign the Tender for and on behalf of: .............................................................. [insert complete name of Tenderer] Dated on ____________ day of __________________, __________________ [insert date of signing] [insert Company Seal] Page 44 of 47

2.41

PERFORMANCE BANK/INSURANCE COMPANY GUARANTEE [UNCONDITIONAL]

To …………………………………………. [name of Procuring entity] WHEREAS …………………………………… [name of tenderer] (hereinafter called “the tenderer”) has undertaken , in pursuance of Contract No. [reference number of the contract] dated 20 to supply ……………………………………………… [description of goods] (hereinafter called “the Contract”). AND WHEREAS it has been stipulated by you in the said Contract that the tenderer shall furnish you with a Bank/Insurance Company guarantee by a reputable Bank/Insurance Company for the sum specified therein as security for compliance with the Tenderer’s performance obligations in accordance with the Contract. AND WHEREAS we have agreed to give the tenderer a guarantee: THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the tenderer, up to a total of ………………………. [amount of the guarantee in words and figure] and we undertake to pay you, upon your first written demand declaring the tenderer to be in default under the Contract and without cavil or argument, any sum or sums within the limits of …………………….. [amount of guarantee] as aforesaid, without you needing to prove or to show grounds or reasons for your demand or the sum specified therein. This guarantee is valid until the ……………day of ……………………..20…………….. Signed and seal of the Guarantors [name of Bank/Insurance Company] [address] [date]

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2.42 CONTRACT FORM THIS AGREEMENT made the ___day of _____20____between…………[name of procurement entity] of ……………….[country of Procurement entity](hereinafter called “the Procuring entity”) of the one part and ……………………[name of tenderer] of ……….[city and country of tenderer](hereinafter called “the tenderer”) of the other part.

WHEREAS the procuring entity invited tenders for certain materials and spares. Viz……………………..[brief description of materials and spares] and has accepted a tender by the tenderer for the supply of those materials and spares in the spares in the sum of ………………………………………[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to. 2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.: (a) the Tender Form and the Price Schedule submitted by the tenderer; (b) the Schedule of Requirements; (c) the Technical Specifications; (d) the General Conditions of Contract; (e) the Special Conditions of Contract; and (f) the Procuring entity’s Notification of Award. 3. In consideration of the payments to be made by the Procuring entity to the tenderer as hereinafter mentioned, the tenderer hereby covenants with the Procuring entity to provide the materials and spares and to remedy defects therein in conformity in all respects with the provisions of the Contract Page 46 of 47

4. The Procuring entity hereby covenants to pay the tenderer in consideration of the provision of the materials and spares and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the contract at the times and in the manner prescribed by the contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with their respective laws the day and year first above written.

Signed, sealed, delivered by___________the _________(for the Procuring entity)

Signed, sealed, delivered by___________the __________(for the tenderer) in the presence of_______________.

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