NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA)

PROVISION OF GARBAGE COLLECTION, DISPOSAL SERVICES AND

PROVISION OF SANITARY BINS & RELATED SERVICES

TENDER NO. NEMA/T/09/2020-2021

TENDER DOCUMENT

ISSUE DATE : 09TH JUNE 2020

CLOSING DATE : 22NDJUNE 2020 – 2:30PM

NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY – 2020/2021

 TABLE OF CONTENTS

PAGE

SECTION I : INVITATION TO TENDER…………………………. 3

SECTION II : INSTRUCTIONS TO TENDERERS……………….. 5

APPENDIX TO INSTITUTIONS TO TENDER …… 22

SECTION III : GENERAL CONDITIONS OF CONTRACT...…… 27

SECTION IV : SPECIAL CONDITIONS OF CONTRACT…..….. 33

SECTION V : SCHEDULE OF REQUIREMENTS………………… 34

SECTION VI : TECHNICAL SPECIFICATIONS…………………… 35

SECTION VI : STANDARD FORMS…………………………………. 36

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SECTION I : INVITATION TO TENDER

DATE : 09TH JUNE 2020

TENDER REF NO : NEMA/T/09/2020 – 2021

TENDER NAME : PROVISION OF GARBAGE COLLECTION & DISPOSAL
SERVICES AND PROVISION OF SANITARY BINS & RELATED
SERVICES

NEMA invites sealed bids from eligible candidates for servicing and maintenance of
firefighting equipment.

1.1 Interested eligible candidates may obtain further information from and inspect the
tender documents at NEMA headquarters procurement section during normal working
hours. However, in the advent of the current Covid-19 pandemic and in appreciation
of green procurement, all enquires shall be made via NEMA procurement email
[email protected]

1.2 Prospective bidders are advised to download the tender documents free of charge
from the following websites;
 NEMA website www.nema.go.ke
 Public Procurement Information Portal www.tenders.go.ke

1.3 Completed tender documents are to be enclosed in plain sealed envelopes marked
with tender reference number and be deposited in the Tender Box at NEMA
headquarters or be addressed to:

THE DIRECTOR GENERAL

NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY,

ELAND HOUSE, POPO ROAD, OFF MOMBASA ROAD

P.O. BOX 67839 – 00200 NAIROBI.

So as to be received on or before 22nd JUNE, 2020 at 2:30PM

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 Any document which shall not fit in the tender box slot shall dropped at the
procurement section Rm G16 and be entered in the tender receipt register
for safe custody.
Bidders are advised to regularly visit the NEMA website within the tender
advertisement period to obtain any additional information/addendum on
the tender. All addenda/additional information on the tender shall be
posted on the NEMA website www.nema.go.ke and www.nema.go.ke as
they become available.

1.4 Prices quoted should be net inclusive of all taxes and delivery must be in Kenya
Shillings and shall remain valid for (90) days from the closing date of the tender.

1.5 Bidders are required to undertake serialization of all bid documents as per the
requirements of the Public Procurement and Asset Disposal Act (PPADA) 2015
clause 74(1)(i) to safeguard loss of documentation during and after evaluation

1.6 Tenders will be opened immediately thereafter in the presence of the Candidates or
their representatives who choose to attend at NEMA Headquarters

CHIEF PROCUREMENT OFFICER

FOR: DIRECTOR GENERAL

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 SECTION II – INSTRUCTIONS TO TENDERERS
TABLE OF CONTENTS. Page
2.1 Eligible Tenderers ……………………………………………………… 6
2.2 Cost of tendering ……………………………………………………… 6
2.3 Contents of tender documents ……………………………………...... 7
2.4 Clarification of Tender documents …………………………………... 7
2.5 Amendment of tender documents ………………………………….... 8
2.6 Language of tenders ………………………………………………....... 8
2.7 Documents comprising the tender ………………………………….... 9
2.8 Form of tender ……………………………………………………........ 9
2.9 Tender prices ………………………………………………………...... 9
2.10 Tender currencies …………………………………………………....... 10
2.11 Tenderers eligibility and qualifications ……………………………. 10
2.12 Tender security ……………………………………………………...... 10
2.13 Validity of tenders …………………………………………………..... 12
2.14 Format and signing of tenders …………………………………….... 12
2.15 Sealing and marking of tenders …………………………………….. 12
2.16 Deadline for submission of tenders ………………………………... 13
2.17 Modification and withdrawal of tenders ………………………….... 13
2.18 Opening of tenders …………………………………………………... 14
2.19 Clarification of tenders ……………………………………………... 15
2.20 Preliminary Examination …………………………………………..... 15
2.21 Conversion to other currencies …………………………………….. 16
2.22 Evaluation and comparison of tenders ……………………………... 16
2.23 Contacting the procuring entity …………………………………… 18
2.24 Award of contract........................................................................ 18
a) Post-qualification ……………………………………………….... 18
b) Award criteria …………………………………………………....... 19
c) Procuring entities right to vary quantities ……………………… 19
d) Procuring entities right to accept or reject any or all tenders …. 19
2.25 Notification of award ……………………………………………....... 20
2.26 Signing of Contract………………………………………………....... 20
2.27 Performance security ………………………………………………... 20
2.28 Corrupt or fraudulent practices ……………………………………. 21

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 SECTION II : INSTRUCTIONS TO TENDERERS

2.1 Eligible tenderers

2.1.1. This Invitation to tender is open to all tenderers eligible as described in the
instructions to tenderers. Successful tenderers shall provide the services for the
stipulated duration from the date of commencement (hereinafter referred to as the
term) specified in the tender documents.

2.1.2. The procuring entity’s employees, committee members, board members and their
relative (spouse and children) are not eligible to participate in the tender unless
where specially allowed under section 131 of the Act.

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 the Procuring entity to provide consulting
services for the preparation of the design, specifications, and other documents to be
used for the procurement of the services under this Invitation for tenders.

2.1.4. Tenderers involved in corrupt or fraudulent practices or debarred from participating

in public procurement shall not be eligible.

2.2 Cost of tendering

2.2.1 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 The procuring entity shall allow the tenderer to review the tender document free of
charge before purchase.

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2.3 Contents of tender documents

2.3.1. The tender document comprises of the documents listed below and addenda issued in
accordance with clause 6 of these instructions to tenders

i) Instructions to tenderers

ii) General Conditions of Contract

iii) Special Conditions of Contract

iv) Schedule of Requirements

v) Details of service

vi) Form of tender

vii) Price schedules

viii) Contract form

ix) Confidential business questionnaire form

x) Tender security form

xi) Performance security form

xii) Principal’s or manufacturers authorization form

xiii) Declaration form

2.3.2. The Tenderer is expected to examine all instructions, forms, terms, and specifications
in the tender documents. Failure to
furnish all information required by the tender documents or to submit a tender not
substantially responsive to the tender documents in every respect will be at the
tenderers risk and may result in the rejection of its tender.

2.4 Clarification of 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

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 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 the procuring entity. Written copies of the Procuring entities
response (including an explanation of the query but without identifying the source of
inquiry) will be sent to all prospective tenderers who have received the tender
documents”

2.4.2. The procuring entity shall reply to any clarifications sought by the tenderer within 3
days of receiving the request to enable the tenderer to make timely submission of its
tender

2.5 Amendment of documents

2.5.1. At any time prior to the deadline for submission of tenders, the
Procuring entity, for any reason, whether at its own initiative or in
response to a clarification requested by a prospective tenderer, may
modify the tender documents by issuing an addendum.

2.5.2. All prospective tenderers who have obtained the tender documents will be notified of
the amendment by post, fax or 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, the Procuring entity, at its
discretion, may extend the deadline for the submission of tenders.

2.6 Language of tender

2.6.1. The tender prepared by the tenderer, as well as all correspondence and documents
relating to the tender exchanged by the tenderer and the Procuring entity, shall be
written in English language. Any printed literature furnished by the tenderer may be
written in another language provided they are accompanied by an accurate English
translation of the relevant passages in which case, for purposes of interpretation of the
tender, the English translation shall govern.

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2.7 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) Tender security furnished is in accordance with Clause 2.12

d) Confidential business questionnaire

2.8 Form of Tender

2.8.1 The tenderers shall complete the Form of Tender and the appropriate Price Schedule
furnished in the tender documents, indicating the services to be performed.

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
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)

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2.9.5 Where contract price variation is allowed, the variation shall not exceed 10% 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

2.10.1 Prices shall be quoted in Kenya Shillings unless otherwise specified in the appendix to
in Instructions to Tenderers

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 The tender security shall be in the amount not exceeding 2 per cent of the tender
price.

2.12.2 The tender security is required to protect the Procuring entity against the risk of
Tenderer’s conduct which would warrant the security’s forfeiture, pursuant to
paragraph 2.12.7

2.12.3 The tender security shall be denominated in a Kenya Shillings or in another freely
convertible currency and shall be in the form of;

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 a) A bank guarantee.

b) Such insurance guarantee approved by the Authority.

c) Letter of credit

2.12.4 Any tender not secured in accordance with paragraph 2.12.1 and 2.12.3 will be
rejected by the Procuring entity as non responsive, pursuant to paragraph 2.20

2.12.5 Unsuccessful tenderer’s security will be discharged or returned as promptly as

possible, but not later than thirty (30) days after the expiration of the period of tender
validity 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

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 90 days or as specified in the invitation to tender after
date of tender opening prescribed by the Procuring entity, pursuant to paragraph

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 2.18. A tender valid for a shorter period shall be rejected by the Procuring entity as
nonresponsive.

2.13.2 In exceptional circumstances, the Procuring entity may solicit the Tenderer’s consent
to an extension of the period of validity. The request and the responses thereto shall
be made in writing. The tender security provided under paragraph 2.12 shall also be
suitably extended. A tenderer may refuse the request without forfeiting its tender
security. A tenderer granting the request will not be required nor permitted to modify
its tender.

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 OF TENDER,” 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 unamended 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 and each copy of the tender in separate
envelopes, duly marking the envelopes as “ORIGINAL” and “COPY.” The
envelopes shall then be sealed in an outer envelope.
The inner and outer envelopes shall;

a) be addressed to the Procuring entity at the address given in the invitation to

tender

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 b) bear, tender number and name in the invitation to tender and the words: “DO
NOT OPEN BEFORE 22ND JUNE 2020 AT 2:30PM”

2.15.3 The inner envelopes shall also indicate the name and address of the tenderer to
enable the tender to be returned unopened in case it is declared “late”.

2.15.4 If the outer envelope is not sealed and marked as required by paragraph 2.15.2 the
Procuring entity will assume no responsibility for the tender’s misplacement or
premature opening

2.15.5 Deadline for Submission of Tenders

2.16.1 Tenders must be received by the Procuring entity at the address
specified under paragraph 2.15.2 no later than 22NDJune, 2020 at 2.30 P.M

2.16.2 The procuring entity 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 rights and obligations of the procuring entity and candidates previously
subject to the deadline will thereafter be subject to the deadline as extended.

2.16.3 Bulky tenders which will not fit in the tender box shall be received by the procuring
entity as provided for in the appendix.

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 the procuring entity 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 cable, 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.

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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 The procuring entity may at any time terminate procurement proceedings before
contract award and shall not be liable to any person for the termination.

2.17.6 The procuring entity shall give prompt notice of the termination to the tenderers and
on request give its reasons for termination within 14 days of receiving the request
from any tenderer.

2.18 Opening of Tenders

2.18.1 The Procuring entity will open all tenders in the presence of
tenderers’ representatives who choose to attend on the closing date 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 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 procuring
entity may at its discretion, ask the tenderer for a clarification of its tender. The
request for clarification and the response shall be in writing, and no change in the
prices or substance shall be sought, offered, or permitted.

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2.19.2 Any effort by the tenderer to influence the procuring entity in the procuring entity’s
tender evaluation, tender comparison or contract award decisions may result in the
rejection of the tenderers tender. Comparison or contract award decisions may result
in the rejection of the tenderers’ tender.

2.20 Preliminary Examination and Responsiveness

2.20.1 The Procuring entity 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 Arithmetical errors will be rectified on the following basis. If there is a discrepancy
between the unit price and the total price that is obtained by multiplying the unit price
and quantity, the unit price shall prevail, and the total price shall be corrected. If the
candidate does not accept the correction of the errors, its tender will be rejected, and
its tender security may be forfeited. If there is a discrepancy between words and
figures, the amount in words will prevail.

2.20.3 The Procuring entity 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, pursuant to paragraph 23, the Procuring entity will
determine the substantial responsiveness of each tender to the tender documents. For
purposes of these paragraphs, a substantially responsive tender is one which
conforms to all the terms and conditions of the tender documents without material
deviations. The Procuring entity’s determination of a tender’s responsiveness is to be
based on the contents of the tender itself without recourse to extrinsic evidence.

2.20.5 If a tender is not substantially responsive, it will be rejected by the Procuring entity
and may not subsequently be made responsive by the tenderer by correction of the
nonconformity.

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2.21 Conversion to a single currency

2.21.1 Where other currencies are used, the procuring entity will convert those currencies to
Kenya shillings using the selling exchange rate on the date of tender closing provided
by the central bank of Kenya.

2.22 Evaluation and comparison of tenders.

2.22.1 The procuring entity will evaluate and compare the tenders which have been
determined to be substantially responsive, pursuant to paragraph 2.20

2.22.2 The comparison shall be of the price including all costs as well as duties and taxes
payable on all the materials to be used in the provision of the services.

2.22.3 The Procuring entity’s evaluation of a tender will take into account, in addition to the
tender price, the following factors, in the manner and to the extent indicated in
paragraph 2.22.4 and in the technical specifications:

(a) operational plan proposed in the tender;

(b) deviations in payment schedule from that specified in the Special

Conditions of Contract;

2.22.4 Pursuant to paragraph 22.3 the following evaluation methods

will be applied:

a) Operational Plan.

The Procuring entity requires that the services under the Invitation for Tenders
shall be performed at the time specified in the Schedule of Requirements.
Tenders offering to perform longer than the procuring entity’s required
delivery time will be treated as non-responsive and rejected.

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 (b) Deviation in payment schedule.

Tenderers shall state their tender price for the payment on a schedule outlined
in the special conditions of contract. Tenders will be evaluated on the basis of
this base price. Tenderers are, however, permitted to state an alternative
payment schedule and indicate the reduction in tender price they wish to offer
for such alternative payment schedule. The Procuring entity may consider the
alternative payment schedule offered by the selected tenderer.

2.22.5 The tender evaluation committee shall evaluate the tender within 30 days from the
date of opening the tender.

2.22.6 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.

2.23. Contacting the procuring entity

2.23.1 Subject to paragraph 2.19, no tenderer shall contact the procuring entity on any matter
relating to its tender, from the time of the tender opening to the time the contract is
awarded.

2.23.2 Any effort by a tenderer to influence the procuring entity in its decisions on tender
evaluation tender comparison or contract award may result in the rejection of the
tenderers tender.

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2.24 Award of Contract

a) Post qualification

2.24.1 In the absence of pre-qualification, the Procuring entity 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.

2.24.2 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
tenderer’s 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.

2.24.3 An affirmative determination will be a prerequisite for award of the contract to the
tenderer. A negative determination will result in rejection of the Tenderer’s tender, in
which event the Procuring entity will proceed to the next lowest evaluated tender to
make a similar determination of that Tenderer’s capabilities to perform satisfactorily.

b) Award Criteria

2.24.4 Subject to paragraph 2.29 the Procuring entity will award the contract to the successful
tenderer whose tender has been determined to be substantially responsive and has
been determined to be the lowest evaluated tender, provided further that the tenderer
is determined to be qualified to perform the contract satisfactorily.

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

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2.24.6 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.

c) Procuring entity’s Right to Vary quantities

2.24.7 The Procuring entity reserves the right at the time of contract award to increase or
decrease the quantity of goods originally specified in the Schedule of requirements
without any change in unit price or other terms and conditions

d) Procuring entity’s Right to Accept or Reject Any or All Tenders

2.24.8 The Procuring entity reserves the right to accept or reject any tender, and to annul the
tendering process and reject all tenders at any time prior to contract award, without
thereby incurring any liability to the affected tenderer or tenderers or any obligation
to inform the affected tenderer or tenderers of the grounds for the Procuring entity’s
action

2.25 Notification of award

2.25.1 Prior to the expiration of the period of tender validity, the Procuring
entity will notify the successful tenderer in writing that its tender has
been accepted.

2.25.2 The notification of award will signify the formation of the Contract subject to the
signing of the contract between the tenderer and the procuring entity pursuant to
clause 2.29. Simultaneously the other tenderers shall be notified that their tenders
have not been successful.

2.25.3 Upon the successful Tenderer’s furnishing of the performance security

pursuant to paragraph 31, the Procuring entity will promptly notify each
unsuccessful Tenderer and will discharge its tender security, pursuant to
paragraph 2.12

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2.26 Signing of Contract

2.26.1 At the same time as the Procuring entity notifies the successful tenderer
that its tender has been accepted, the Procuring entity will simultaneously inform the
other tenderers that their tenders have not been successful.

2.26.2 Within fourteen (14) days of receipt of the Contract Form, the successful
tenderer shall sign and date the contract and return it to the Procuring entity.

2.26.3 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.

2.27 Performance Security

2.27.1 Within thirty (30) days of the receipt of notification of award from the Procuring entity,
the successful tenderer shall furnish the performance security in accordance with the
Conditions of Contract, in the Performance Security Form provided in the tender
documents, or in another form acceptable to the Procuring entity.

2.27.2 Failure of the successful tenderer to comply with the requirement of paragraph 2.29 or
paragraph 2.30.1 shall constitute sufficient grounds for the annulment of the award and
forfeiture of the tender security, in which event the Procuring entity may make the
award to the next lowest evaluated or call for new tenders.

2.28 Corrupt or Fraudulent Practices

2.28.1 The Procuring entity requires that tenderers observe the highest
standard of ethics during the procurement process and execution of
contracts. A tenderer shall sign a declaration that he has not and will not be involved
in corrupt or fraudulent practices.

2.28.2 The procuring entity will reject a proposal for award if it determines that the tenderer
recommended for award has engaged in corrupt or fraudulent
practices in competing for the contract in question.

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

APPENDIX TO INSTRUCTIONS TO THE TENDERERS

The following information for procurement of services shall complement or amend the
provisions of the instructions to tenderers. Wherever there is a conflict between the
provisions of the instructions to tenderers and the provisions of the appendix, the
provisions of the appendix herein shall prevail over those of the instructions to
tenderers
INSTRUCTIONS DESCRIPTION OF THE PARTICULARS OF APPENDIX TO INSTRUCTIONS TO
TO CLAUSE TENDERS
TENDERERS
REFERENCE

2.1 Firms offering Sanitary Bins and Garbage Collection

Eligible tenderers Services Registered in Kenya

2.10 Tender Currencies Kenya Shillings only

2.11 Tenderers Eligibility and Registration for these services and as set out in the
Qualifications Mandatory Requirements.
2.12 Tender Security No tender security applicable in this tender

2.20.2 Correction of errors Pursuant to Sec.82 of PPADA 2015, 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.
2.22 Evaluation and Evaluation Criteria: See below
comparison of tenders.
2.15.5 Deadline for Submission 22ND JUNE, 2020 at 2:30PM
of Tenders
2.24 (a) Post qualification No post qualification applicable in this tender
2.27 Performance security No performance security applicable in this tender

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2.9 Tender Prices No price variation whatsoever

2.22 Evaluation of Tenders

The following Evaluation criteria shall be applied notwithstanding
any other requirement in the tender document
• Mandatory Requirements

The following requirements MUST be met by the tenderer

No Requirements YES/NO
1 Copy of Certificate of Registration /
Incorporation
2 Copy of VALID Tax compliance Certificate
3 Duly Filled Confidential Business
Questionnaire
4 Supply of Goods/Services on Credit
5 Valid Single Business Permit
6 Waste transportation license from NEMA

At this stage the tenderer’s submission will either be responsive or

non-responsive. The non-responsive submissions will be
eliminated from the entire evaluation process and will not be
considered further
• Technical Evaluation

This section will be marked out of 100 and will determine the
technical score.
NB: The pass mark for technical qualification will be 75%.
Tenderers scoring below this mark will not proceed to financial
evaluation.
No Requirement % %
Maximum Awarded
1 Proof of similar works from 3 6
major clients (2 points each).
Local Purchase orders, Contracts
or Payment Certificate or
Voucher. A recommendation
letter will not be honoured
unless it’s provided along with

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 the above stated documents.
2 Presentation of the bidder’s 6
documents in line with the
tender requirements i.e.
 Labelling (original & copies
of tender) - (2mks)

 Proper and accurate tender

number and description -
(2mks)

Dully filled in forms in ink (not

typed) (2mks)
3 Neatness of the bidder’s 9
documents:
 Table of contents - (2mks)

 Accurate pagination - (2mks)

 Tight/secured binding -
(3mks)

Clean document free from errors

and alterations - (2mks)
4 Evidence of possession of 5
Electronic Registers
5 Written confirmation that the 5
client has not been debarred as
a supplier, service
provider or consultant for goods
and
services in Kenya
6 Company profile including 15
management team and board of
directors
7 completed confidential business 8
questionnaire
8 Evidence of physical address 5

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 and premises
9 Nature of Business 4
10 Technical Knowledge 5
11 Value of Business Firm can 12
handle: -
Less than Ksh.200,000 - 3
Ksh.200,000 to Ksh.500,000 - 6
Ksh.500,000 and above - 12
13 Credit facility: - 10
30 days - 5
60 days – 10
14 Working Equipment/facilities – 10
garbage trucks, etc
TOTAL 100 %

2.24 Particulars of post – qualification if applicable. NEMA may

inspect the premises and confirm details

Only bidders who score 75% and above will be subjected to financial evaluation. Those
who score below 75% will be eliminated at this stage from the next evaluation stage.

FINANCIAL EVALUATION
The Bidder who shall be determined as the lowest responsive evaluated bidder shall be
considered and recommended for award.

2.29 Schedule of services

Servicing of the equipment shall be done four (4) times a year, i.e. quarterly.

2.30 Scope of Works

The works are to be carried out as per the schedule of requirements and will include the
following;
i) Testing of the equipment whenever a new one is acquired.
ii) Servicing of the equipment
iii) Overhauling/replacement recommendation
iv) Every service will require certificates submitted for insurance purposes
v) Audits once a year by the county safety inspector. This should be included on
servicing cost above.

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 SECTION III : GENERAL CONDITIONS OF CONTRACT

TABLE OF CONTENTS Page

3.1 Definitions .............................................................................. 28

3.2 Application.............................................................................. 28

3.3 Standards.............................................................................. 28

3.4 Patent Rights........................................................................... 29

3.5 Performance security.............................................................. 29

3.6 Inspections and tests................................................................ 29

3.7 Payment................................................................................... 30

3.8 Prices................................................................................... 30

3.9 Assignment............................................................................ 30

3.10 Termination for default............................................................. 30

3.11 Termination for insolvency......................................................... 31

3.12 Termination for convenience...................................................... 31

3.13 Resolution of disputes................................................................ 32

3.14 Governing language............................................................ 32

3.15 Force majeure...................................................................... 32

3.16 Applicable law...................................................................... 32

3.17 Notices.................................................................................. 32

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3.1 Definitions

3.1.1 In this contract the following terms shall be interpreted as indicated:

a) “The contract” means the agreement entered into between the Procuring entity and the
tenderer as recorded in the Contract Form signed by the parties, including all
attachments and appendices thereto and all documents incorporated by reference
therein.

b) “The Contract Price” means the price payable to the tenderer under the Contract for the
full and proper performance of its contractual obligations.

c) “The services” means services to be provided by the contractor including materials and
incidentals which the tenderer is required to provide to the Procuring entity under the
Contract.

d) “The Procuring entity” means the organization sourcing for the services under this
Contract.

e) “The contractor means the individual or firm providing the services under this Contract.

f) “GCC” means general conditions of contract contained in this section

g) “SCC” means the special conditions of contract

h) “Day” means calendar day

3.2 Application

3.2.1 These General Conditions shall apply to the extent that they are not superceded by
provisions of other part of contract.

3.3 Standards

3.3.1 The services provided under this Contract shall conform to the 7 standards mentioned
in the Schedule of requirements

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3.4 Patent Right’s

3.4.1 The tenderer shall indemnify the Procuring entity against all third-party claims of
infringement of patent, trademark, or industrial design tights arising from use of the
services under the contract or any part thereof.

3.5 Performance Security

3.5.1 Within twenty-eight (28) days of receipt of the notification of Contract award, the
successful tenderer shall furnish to the Procuring entity the performance security
where applicable in the amount specified in Special Conditions of Contract.

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

3.5.3 The performance security shall be denominated in the currency of the Contract, or in a
freely convertible currency acceptable to the Procuring entity and shall be in the form
of:

a) Cash.

b) A bank guarantee.

c) Such insurance guarantee approved by the Authority.

d) Letter of credit.

3.5.4 The performance security will be discharged by the procuring entity and returned to
the candidate not later than thirty (30) days following the date of completion of the
tenderer’s performance of obligations under the contract, including any warranty
obligations under the contract.

3.6 Inspections and Tests

3.6.1 The Procuring entity or its representative shall have the right to inspect and/or to test
the services to confirm their conformity to the Contract specifications. The Procuring

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 entity shall notify the tenderer in writing, in a timely manner, of the identity of any
representatives retained for these purposes.

3.6.2 The inspections and tests may be conducted on the premises of the tenderer or its
subcontractor(s). If conducted on the premises of the tenderer or its subcontractor(s),
all reasonable facilities and assistance, including access to drawings and production
data, shall be furnished to the inspectors at no charge to the Procuring entity.

3.6.3 Should any inspected or tested services fail to conform to the Specifications, the
Procuring entity may reject the services, and the tenderer shall either replace the
rejected services or make alterations necessary to meet specification requirements
free of cost to the Procuring entity.

3.6.4 Nothing in paragraph 3.7 shall in any way release the tenderer from any warranty or
other obligations under this Contract.

3.7 Payment

3.7.1 The method and conditions of payment to be made to the tenderer under this Contract
shall be specified in SCC

3.8 Prices

3.8.1 Prices charged by the contractor for services performed under the Contract shall not,
with the exception of any Price adjustments authorized in SCC, vary from the prices by
the tenderer in its tender or in the procuring entity’s request for tender validity
extension as the case may be. No variation in or modification to the terms of the
contract shall be made except by written amendment signed by the parties.

3.9 Assignment

3.9.1 The tenderer shall not assign, in whole or in part, its obligations to perform under this
contract, except with the procuring entity’s prior written consent.

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3.10 Termination for Default

3.10.1 The Procuring entity may, without prejudice to any other remedy for breach of
Contract, by written notice of default sent to the tenderer, terminate this Contract in
whole or in part:

a) If the tenderer fails to provide any or all of the services within the period(s)
specified in the Contract, or within any
extension thereof granted by the Procuring entity

b) If the tenderer fails to perform any other obligation(s) under the Contract.

c) If the tenderer, in the judgment of the Procuring entity has engaged in

corrupt or fraudulent practices in competing for
or in executing the Contract.

3.10.1 In the event the Procuring entity terminates the Contract in whole or in part, it may
procure, upon such terms and in such manner as it deems appropriate, services
similar to those undelivered, and the tenderer shall be liable to the Procuring entity
for any excess costs for such similar services.

3.11 Termination of insolvency

3.11.1 The procuring entity may at the any time terminate the contract by giving written
notice to the contractor if the contractor becomes bankrupt or otherwise insolvent. In
this event, termination will be without compensation to the contractor, provided that
such termination will not produce or affect any right of action or remedy, which has
accrued or will accrue thereafter to the procuring entity.

3.12 Termination for convenience

3.12.1 The procuring entity by written notice sent to the contractor may terminate the
contract in whole or in part, at any time for its convenience. The notice of termination
shall specify that the termination is for the procuring entity convenience, the extent to
which performance of the contractor of the contract is terminated and the date on
which such termination becomes effective.

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3.12.2 For the remaining part of the contract after termination the procuring entity may elect to
cancel the services and pay to the contractor on agreed amount for partially completed
services.

3.13 Resolution of disputes

3.13.1 The procuring entity’s and the contractor shall make every effort to resolve amicably
by direct informal negotiations any disagreement or dispute arising between them
under or in connection with the contract.

3.13.2 If after thirty (30) days from the commencement of such informal negotiations both
parties have been unable to resolve amicably a contract dispute either party may
require that the dispute be referred for resolution to the formal mechanisms specified
in the SCC.

3.14 Governing Language

3.14.1 The contract shall be written in the English language. All correspondence and other
documents pertaining to the contract, which are exchanged by the parties, shall be
written in the same language.

3.15 Force Majeure

3.15.1 The contractor shall not be liable for forfeiture of its performance security, or
termination for default if and to the extent that its delay in performance or other failure
to perform its obligations under the Contract is the result of an event of Force Majeure.

3.16 Applicable Law.

3.16.1 The contract shall be interpreted in accordance with the laws of Kenya unless
otherwise specified in the SCC

3.17 Notices

3.17.1 Any notices given by one party to the other pursuant to this contract shall be sent to the
other party by post or by fax or E-mail and confirmed in writing to the other party’s
address specified in the SCC. A notice shall be effective when delivered or on the notices
effective date, whichever is later.

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 SECTION IV : SPECIAL CONDITIONS OF CONTRACT

Notes on Special Conditions of Contract

4.1 Special conditions of contract shall supplement the general conditions of contract,
wherever there is a conflict between the provisions of the special conditions of
contract (SCC) and the provisions of the general conditions of contract (GCC) the
provisions of the special conditions of contract (SCC) herein shall prevail over the
provisions of the general conditions of contract (GCC)

Clause reference Description Details

3.6 Specify performance There will be no performance security

security if applicable applicable to this tender

3.9 Specify price No price adjustments will be allowed at

adjustments allowed whatever point of contract execution

3.17 Specify applicable law PPADA 2015 and PPADR 2020

3.18 Indicate addresses of To be indicated in the contract

both parties

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SECTION V – SCHEDULE OF REQUIREMENTS
This part will include any deliverables under the service contract

Number Description Quantity Delivery Time

1 Provision of Sanitary bins and 2 Times Weekly Start: August 1st 2020
Garbage collection at NEMA End: July 31st 2021
HQ and Nyayo House Nairobi
County

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SECTION VI DESCRIPTION OF SERVICES

Notes for preparing technical specifications

A set of precise and clear description of the services required is a prerequisite for tenderers
to respond realistically and competitively to requirements of the procuring entity without
qualifying their tenders, the specifications should require that all goods and services to be
incorporated be new, and of the most recent improvements – in design and materials unless
otherwise provided for in the contract.
Samples of specifications from previous similar procurement are useful in their respect.

Care must be taken in describing the services to ensure that they are not restrictive. In the
description of services describing the services recognized national or international
standards should be used as much as possible. Where other particular standards are used,
the description should state the services that meet other authoritative standards and which
ensure at least a substantially equal quality than other standards mentioned will also be
acceptable.

This part will include any deliverables under the service contract.

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SECTION VII- STANDARD FORMS

Notes on standard forms

1. The tenderer shall complete and submit with its tender the form of tender and price
schedules pursuant to instructions to tenderers clause 9 and in accordance with the
requirements included in the special conditions of contract.

2. The principal’s or manufacturer’s authorisation form should be completed by the

principal or the manufacturer, as appropriate in accordance with the tender
documents.

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SECTION VI - STANDARD FORMS

1. Form of tender

2. Price schedules

3. Contract form

4. Confidential Questionnaire form

5. Tender security form

6. Performance security form

7. Bank guarantee for advance payment

8. Declaration form

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Notes to the Standard Forms

1. Form of Tender – 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. Pursuant to Sec.82 of PPADA 2015, 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. Confidential Business Questionnaire Form – This form must be completed by the

tenderer and submitted with the tender documents.

3. Tender Security Form – When required by the tender documents the tender shall
provide the tender security either in the form included herein or in another format
acceptable to the procuring entity.

4. Contract Form – 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.

5. Performance Security Form - the performance security form should not be completed
by the tenderers at the time of tender preparation. Only the successful tenderer will be
required to provide performance security in the form provided herein or in another form
acceptable to the procuring entity.

6. Bank Guarantee for Advance Payment Form – When Advance payment is requested
for by the successful bidder and agreed by the procuring entity, this form must be
completed fully and duly signed by the authorized officials of the bank.

7. Manufacturers Authorization Form – When required by the tender documents this form
must be completed and submitted with the tender documents. This form will be
completed by the manufacturer of the goods where the tenderer is an agent.

8. Declaration Form

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6.1 FORM OF TENDER

Date____________________________
Tender No._______________________
To……………………..
…………………………..

[Name and address of procuring entity]

Gentlemen and/or Ladies:
1. Having examined the tender documents including Addenda
No.s.................. [Insert numbers] the receipt of which is hereby duly acknowledged, we the
undersigned, offer to provide......................................................................................................
........................................................................................
[Description of services] in conformity with the said tender documents for the sum
of..................................................................................................................................................
[total tender amount in words and figures]
or such other sums as may be ascertained in accordance with the Schedule of Prices attached
herewith and made part of this Tender.

2. We undertake, if our Tender is accepted, to provide the services in accordance with the services
schedule specified in the Schedule of Requirements.

3. If our Tender is accepted, we will obtain the tender guarantee in a sum equivalent to _____
percent of the Contract Price for the due performance of the Contract, in the form prescribed by
(Procuring entity).

4. We agree to abide by this Tender for a period of ................[number] days from the date fixed for
tender opening of the Instructions to tenderers, and it shall remain binding upon us and may be
accepted at any time before the expiration of that period.

5. This tender, together with your written acceptance thereof and your notification of award, shall
constitute a binding Contract between us subject to signing of the contract by the both parties.

Dated this ........................ day of ................ 2020

.................................... .................................................................
(Signature) (In the capacity of)
Duly authorized to sign tender for and on behalf of.............................................

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 6.2 CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM

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. ………………. E mail ………………………………………
Nature of Business……………………………………………………………………..
Registration Certificate No.……………………………………………………………
Maximum value of business which you can handle at any one time – Kshs…......
Name of your bankers ………………………………….. Branch …………………

Part 2 (a) – Sole Proprietor

Your name in full ……………………………………Age ………………………..
Nationality ………………....... Country of origin …………………………………….
Citizenship details ………………………………………………………………
If a Kenya Citizen, indicate under “Citizenship Details” whether by Birth, Naturalization or registration.

Part 2 (b) Partnership

Given details of partners as follows:
Name Nationality Citizenship Details Shares
1. ……………………………………………………………………………...................
2. ………………………………………………………………………………................
3. ……………………………………………………………………………..................
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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6.3 TENDER SECURITY FORM
Whereas ………………………………………. [Name of the tenderer]
(Hereinafter called “the tenderer”) has submitted its tender dated …………. [Date of
submission of tender] for the supply, installation and commissioning of ……………………
[Name and/or description of the equipment] (Hereinafter called “the Tender”)
……………………………………….. KNOW ALL PEOPLE by these presents that WE
……………………… of ………………………. having our registered office at
………………… (Hereinafter called “the Bank”), are bound unto …………….. [Name
of procuring entity} (Hereinafter called “the Procuring entity”) in the sum of
…………………….. For which payment well and truly to be made to the said Procuring
entity, the Bank binds itself, its successors, and assigns by these presents. Sealed
with the Common Seal of the said Bank this day of
20 .
THE CONDITIONS of this obligation are:-
1. If the tenderer withdraws its Tender during the period of tender validity specified by
the tenderer on the Tender Form; or
2. If the tenderer, having been notified of the acceptance of its Tender by the Procuring
entity during the period of tender validity:
(a) fails or refuses to execute the Contract Form, 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 tender 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 Bank not later than the above date.
[Signature of the bank]_______________________ (Amend accordingly if provided by Insurance
Company)

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 6.4 PRICE SCHEDULE OF SERVICES

Name of tenderer.................................

Tender Number...................................

Tender Name............................................................................................

No. Description Quantity Unit cost Total Service Remarks

cost Delivery

1. Sanitary bins to be 10 2 times Start: 1st August

changed weekly
2020
a) 8 in NEMA HQ

b) 2 in Nairobi County End: 31st July

2021
Nyayo House

TOTAL COST

Item Description Quantity Duration Unit Total Price Unit Price

& Price of other
quality EXW per incidental
item services
(cols.4x5) payable

1 Collection of garbage from 4 skips Start: 1st

NEMA HQ 2no.and Nairobi of August 2020
County Nyayo House premises garbage
2no. twice a End: 31st July
week 2021

1 Collection of garbage from 2 skips Start: 1st

NEMA 47 Counties (In case the of August 2020
cost varies from the different garbage
counties, attach the price list on twice a End: 31st July
company logo and stamp) week 2021

N/B THE COLLECTION OF GARBAGE AND SANITARY BINS FROM THE COUNTIES WILL BE
COMMUNICATED AS AND WHEN NEED ARISES.

Signature of tenderer ________________________________________________

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NOTES

1. The prices quoted should be net inclusive of any applicable charges and shall remain
valid for 90 days from closing date of the tender.

2. In case of discrepancy between unit price and total, the unit price shall prevail.

3. The bidders are encouraged to be careful in the computation of the price schedule
(as it will form the contract) to get it right in concurrence with the tender sum in the
form of tender, since, pursuant to Sec.82 of PPADA 2015, 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. In the event of inconsistency between the tender sum and the total
computed price schedule, this will lead to a disqualification on the financial
evaluation.

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6.5 CONTRACT FORM
THIS AGREEMENT made the ___day of _____2020 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
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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6.6 TENDER SECURITY FORM
Whereas ……………………………………….. [Name of the tenderer]
(Hereinafter called “the tenderer”) has submitted its tender dated……………….. [Date of submission
of tender] for the provision of ……………………………………………….. [Name and/or description of
the services] (Hereinafter called “the Tenderer”)…………………………………………………….. KNOW
ALL PEOPLE by these presents that WE ………………………………… of
…………………………………………… having registered office at [name of procuring
entity](hereinafter called “the Bank”)are bound unto………………........................[name of procuring
entity](hereinafter called “the procuring entity” in the sum of ……….................... for which payment
well and truly to be made to the said Procuring entity, the Bank binds itself, its successors, and
assigns by these presents. Sealed with the Common Seal of the said Bank this___________ day of
20_________.
THE CONDITIONS of this obligation are:
1. If the tenderer withdraws its Tender during the period of tender validity specified by the tenderer
on the Tender Form; or
2. If the tenderer, having been notified of the acceptance of its Tender by the Procuring entity
during the period of tender validity:
a) fails or refuses to execute the Contract Form, 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 Bank not later than the above date.
____________________________________________________
[signature of the bank]
(Amend accordingly if provided by Insurance Company)

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6.7 PERFORMANCE SECURITY FORM
To: ……………………………………………………………………………………………..
[Name of the 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 services]
(Hereinafter called “the contract”)
AND WHEREAS it bas been stipulated by you in the said Contract that the tenderer shall furnish you
with a bank guarantee by a reputable bank 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 figures], 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 your 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............. 2020
__________________________________________________________________
Signature and seal of the Guarantors
____________________________________________________________________
[name of bank or financial institution]
____________________________________________________________________
[address]
______________________________________________________________________
[date]
(Amend accordingly if provided by Insurance Company)

NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY

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6.8 BANK GUARANTEE FOR ADVANCE PAYMENT
To…………………………
[name of tender] ………………………………………
Gentlemen and/or Ladies:
In accordance with the payment provision included in the special conditions of contract, which
amends the general conditions of contract to provide for advance payment,
…………………………………………………………………
[name and address of tenderer][hereinafter called “the tenderer”] shall deposit with the Procuring
entity a bank guarantee to guarantee its proper and faithful performance under the said clause of the
contract in an amount
of …………………………………………………………………………………………
[amount of guarantee in figures and words].
We,the ………………………………………………………………………………
[bank or financial institution], as instructed by the tenderer, agree unconditionally and irrevocably to
guarantee as primary obligator and not as surety merely, the payment to the Procuring entity on its
first demand without whatsoever right of objection on our part and without its first claim to the
tenderer, in the amount not
exceeding............................................................................................................................[amount of
guarantee in figures and words].
We further agree that no change or addition to or other modification of the terms of the Contract to be
performed thereunder or of any of the Contract documents which may be made between the
Procuring entity and the tenderer, shall in any way release us from any liability under this guarantee,
and we hereby waive notice of any such change, addition, or modification.
This guarantee shall remain valid and in full effect from the date of the advance payment
received by the tenderer under the Contract until [date].
Yours truly,
Signature and seal of the Guarantors______________________________________________
[name of bank or financial institution] _______________________________________________
[address]________________________________________________________________
[date]________________________________________________________________

NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY

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6.9 LETTER OF NOTIFICATION OF AWARD
Address of Procuring Entity
_____________________
_____________________
To:

RE: Tender No.

Tender Name

This is to notify that the contract/s stated below under the above mentioned tender have
been awarded to you.

1. Please acknowledge receipt of this letter of notification signifying your acceptance.

2. The contract/contracts shall be signed by the parties within 30 days of the date of this
letter but not earlier than 14 days from the date of the letter.

3. You may contact the officer(s) whose particulars appear below on the subject matter of
this letter of notification of award.

(FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER

NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY

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6.10 DECLARATION FORM
Date.........................................

To:

The Director General,

National Environment Management Authority,
Eland House, Popo Road, Off Mombasa Road,
P.O. Box 67839 – 00200.
NAIROBI

Ladies and Gentlemen,

The Tenderer i.e. (full name and complete physical and postal address)
______________________________________________________________________________
declare the following: -
a) That I/ We have not been debarred from participating in public procurement by
anybody, institution or person.
b) That I/ We have not been involved in and will not be involved in corrupt and
fraudulent practices regarding public procurement anywhere.
c) That I/We or any director of the firm or company is not a person within the meaning of
paragraph 3.2 of ITT (Eligible Tenderers) of the Instruction to Tenderers.
d) That I/ We are not insolvent, in receivership, bankrupt or in the process of being
wound up and is not the subject of legal proceedings relating to the foregoing.
e) That I/We do hereby confirm that all the information given in this tender is accurate,
factual and true to the best of our knowledge.
f) That I/ We are not associated with any other tenderer participating in this tender

Yours sincerely __________________________________________

Name of Tenderer _______________________________________
Signature of duly authorized person signing the Tender________________________________
Name and Designation of duly authorized person signing the Tender_____________________
Stamp or Seal of Tenderer_____________________________________

NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY

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6.11 FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD
APPLICATION NO…………….OF……….….20……...
BETWEEN
…………………………………………….APPLICANT
AND
…………………………………RESPONDENT (Procuring Entity)
Request for review of the decision of the…………… (Name of the Procuring Entity) of
……………dated the…day of ………….20……….in the matter of Tender No………..…of
…………..20…
REQUEST FOR REVIEW
I/We……………………………,the above named Applicant(s), of address: Physical
address…………….Fax No……Tel. No……..Email ……………, hereby request the Public
Procurement Administrative Review Board to review the whole/part of the above mentioned
decision on the following grounds , namely:-
1.
2.
etc.
By this memorandum, the Applicant requests the Board for an order/orders that: -
1.
2.
etc
SIGNED ……………….(Applicant)
Dated on…………….day of ……………/…20…

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Board on ………… day
of ………....20….………
SIGNED
Board Secretary

NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY

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