Teachers Service Commission: Tender Document For Procurement of Services
Teachers Service Commission: Tender Document For Procurement of Services
TSC/T/08/2017-2018
Email: [email protected]
Website: http//www.tsc.go.ke
CONTENTS
defined.
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SECTION I: INVITATION
1.1 Teachers Service Commission, (herein referred to as TSC) now invites sealed
bids from bidders who are technically and financially capable for SUPPLY,
INSTALLATION AND COMMISSIONING OF AN ENTERPRISE
ELECTRONIC DOCUMENT MANAGEMENT SYSTEM (EDMS)
1.3 Interested eligible candidates may obtain further information and inspect the
tender documents at the office of the TSC located TSC from MONDAY TO
FRIDAY BETWEEN 0800 HOURS AND 1600 HOURS.
1.4 Tenderers shall be required to submit Tender Security of 2% of the tender sum
as indicated in the Form of Tender in form of guarantee from a reputable
bank or from an insurance company approved by PPRA payable to the
Commission Secretary, Teachers Service Commission.
1.6 Tenders will be opened immediately thereafter in the presence of the candidates
or their representatives who choose to attend at TSC House 3rd floor Podium
Wing
1.7 Canvassing or lobbying for the tender shall lead to automatic disqualification.
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Table of Clauses
Page
2.1 Eligible Tenderers…………………………………. 8
2.2 Eligible Equipment………………………………….. 8
2.3 Cost of Tendering…………………………………. 8
2.4 Contents of Tender Document……………………….. 9
2.5 Clarification of Tender Documents…………………. 9
2.6 Amendment of Tender Document……………………. 9
2.7 Language of Tender…………………………………. 10
2.8 Documents Comprising the Tender………………… 10
2.9 Tender Forms……………………………………….. 10
2.10 Tender Prices……………………………………….. 10
2.11 Tender Currencies………………………………….. 11
2.12 Tenderers Eligibility and Qualifications……………. 11
2.13 Goods’ Eligibility and Conformity to Tender Document.12
2.14 Tender Security…………………………………….. 12
2.15 Validity of Tenders…………………………………. 13
2.16 Format and Signing of Tenders………………………. 13
2.17 Sealing and Marking of Tenders…………………… 14
2.18 Deadline for Submission of Tender ……………….. 14
2.19 Modification and Withdrawal of Tenders………….. 14
2.20 Opening of Tenders………………………………… 15
2.21 Clarification of Tenders……………………………. 15
2.22 Preliminary Examination…………………………… 15
2.23 Conversion to Single Currency……………………… 16
2.24 Evaluation and Comparison of Tenders…………….. 16
2.25 Contacting the Procuring Entity……………………… 17
2.26 Award of Contract……………………………………. 18
(a) Post Qualification………………………………… 18
(b) Award criteria …………………………………… 18
(c) Procuring Entity’s Right to Vary Quantities……. 18
(d ) Procuring Entity’s Right to Accept or Reject any
or all Tenders ………………………………….. 18
2.27 Notification of Award…………………………… 19
2.28 Signing of Contract………………………………. 19
2.29 Performance Security …………………………….. 19
2.30 Corrupt or Fraudulent Practices…………………. 20
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SECTION II – INSTRUCTIONS TO TENDERERS
2.1.1 This Invitation for Tenders is open to all tenderers eligible as described in the
Appendix to Instructions to Tenderers. Successful tenderers shall complete
the supply, install and commissioning of the equipment by the intended
completion date 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
goods under this Invitation for tenders.
2.2.1 All equipment to be supplied and installed under the contract shall have their
origin in eligible source countries.
2.2.2 For purposes of this clause, “origin” means the place where the equipment(s)
are produced. Goods are produced when, through manufacturing, processing,
or substantial and major assembly of components, a commercially-recognized
product results that is substantially different in basic characteristics or in
purpose or utility from its components
2.2.3 The origin of equipment is distinct from the nationality of the tenderer and
shall be treated thus in the evaluation of the tender.
2.3.1 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.
2.3.2 The price to be charged for the tender document shall not exceed
Kshs.1,000.00
2.3.3 The procuring entity shall allow the tenderer to review the tender document
free of charge before purchase.
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2.4.1 The tender document comprises the documents listed below and addendum
issued in accordance with clause 2.6 of these instructions to tenderers
2.4.2 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.
2.5.1 The Employer will only respond to requests for clarification received earlier
than seven (7) days prior to the deadline for submission of tenders. Copies of
the Employer’s response will be forwarded to all persons issued with
tendering documents, including a description of the inquiry, but without
identifying its source.
2.6.1 At any time prior to the deadline for submission of tender, 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.
2.6.2 All prospective tenderers that have obtained the tender documents will be
notified of the amendment in writing or by post and will be binding on them.
2.6.3 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.
2.7.1 The tender prepared by the tenderer, as well as all correspondence and
documents relating to the tender exchange by the tenderer and the Procuring
entity, shall be written in English language, provided that any printed
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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.
2.8.1 The tender prepared by the tenderers shall comprise the following
components.
(a) a Tender Form and a Price Schedule completed in accordance
with paragraph 2.9, 2.10 and 2.11 below
(b) documentary evidence established in accordance with paragraph
2.12 that the tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted;
(c) documentary evidence established in accordance with paragraph
2.13 that the goods and ancillary services to be supplied by the
tenderer are eligible goods and services and conform to the
tender documents; and
(d) tender security furnished in accordance with paragraph 2.14
(e) Confidential Business Questionnaire
2.9.1 The tenderer shall complete the Form of Tender and the appropriate Price
Schedule furnished in the tender documents, indicating the equipment to be
supplied, installed and commissioned and a brief description of the
equipment, their country of origin, quantity, and prices.
2.10.1 The tenderer shall indicate on the appropriate Price Schedule the unit prices
where applicable and total tender price of the equipment and installation it
proposes to supply under the contract.
2.10.2 Prices indicated on the Price Schedule shall be entered separately in the
following manner:
(i) the price of the equipment quoted EXW (ex works, ex factory, ex
warehouse, ex showroom, or off-the-shelf, as applicable), including all
customs duties and sales and other taxes already paid or payable:
(ii) charges for inland transportation, insurance, and other local costs incidental
to delivery of the goods to their final destination; and
(iii) installation charges shall also be indicated separately for each equipment
2.10.3 Prices quoted by the tender shall remain fixed during the Tender’s
performance of the contract. A tender submitted with an adjustable price
quotation will be treated as non-responsive and will be rejected, pursuant to
paragraph 2.22 unless otherwise agreed by the parties.
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(a) For equipment that the tenderer will supply from within Kenya, the
prices shall be quoted in Kenya Shillings; and
(b) For equipment that the tenderer will supply from outside Kenya, the
prices may be quoted in US Dollars or in another freely convertible
currency.
(c) Cost of installation and commissioning will be in Kenya Shillings.
2.12.1 Pursuant to paragraph 2.1. the tenderers 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.
2.12.2 The documentary evidence of the tenderers eligibility to tender shall establish
to the Procuring entity’s satisfaction that the tenderer, at the time of
submission of its tender, is from an eligible source country as defined under
paragraph 2.1
(a) that, in the case of a tenderer offering to supply equipment under the
contract which the tenderer did not manufacture or otherwise produce,
the tenderer has been duly authorized by the equipment, Manufacturer
or producer to supply the equipment
(b) that the tenderer has the financial, technical, and production capability
necessary to perform the contract;
(c) that, in the case of a tenderer not doing business within Kenya, the
tenderer is or will be (if awarded the contract) represented by an Agent
in Kenya equipped, and able to carry out the Tenderer’s maintenance,
repair, and spare parts-stocking obligations prescribed in the Conditions
of Contract and/or Technical Specifications.
2.13.1 Pursuant paragraph 2.2 of this section, the tenderer shall furnish, as part of its
tender documents establishing the eligibility and conformity to the tender
documents of all equipment which the tenderer proposes to supply under the
contract
2.13.2 The documentary evidence of the eligibility of the goods shall consist of
statement in the Price Schedule of the country of origin of the goods and
services offered which shall be confirmed by a certificate of origin issued at
the time of shipment.
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b) a list giving full particulars, including available source and current
prices of spare parts, special tools, etc., necessary for the proper and
continuing functioning of the equipment for a period of two (2) years,
following commencement of the use of the equipment by the Procuring
entity; and
c) a clause-by-clause commentary on the Procuring entity’s Technical
Specifications demonstrating substantial responsiveness of the goods
and service to those specifications, or a statement of deviations and
exceptions to the provisions of the Technical Specifications.
2.14.1 The tenderer shall furnish, as part of its tender, a tender security for the
amount and form specified in the Appendix to Instructions to Tenderers.
2.14.2 The tender security shall be in the amount not exceeding 2 percent of the
tender price.
2.14.3 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 2.14.7
2.14.7 The successful Tenderer’s tender security will be discharged upon the
tenderer signing the contract, pursuant to paragraph 2.27 and furnishing the
performance security, pursuant to paragraph 2.28
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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:
2.15.1 Tenderers shall remain valid for 90 days or as specified in the tender
documents after date of tender opening prescribed by the Procuring entity,
pursuant to paragraph 2.20. A tender valid for a shorter period shall be
rejected by the Procuring entity as non responsive.
2.15.2 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 2.14 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.
2.16.1 The Procuring entity 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.
2.16.2 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.
2.17.1 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.
(a) be addressed to the Procuring entity at the address given on the Invitation to
Tender.
(b) bear the tender number and name in the Invitation to Tender and the words
“DO NOT OPEN BEFORE 24th October, 2017 at 11.00am
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2.17.3 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”.
2.17.4 If the outer envelope is not sealed and marked as required by paragraph
2.17.2, the Procuring entity will assume no responsibility for the tender’s
misplacement or premature opening.
Tenders must be received by the Procuring entity at the address specified under
paragraph 2.5.1 not later than 24th October, 2017 at 11.00am
2.18.1 The Procuring entity may, at its discretion, extend this deadline for the
submission of tenders by amending the tender documents in accordance with
paragraph 2.6, in which case all rights and obligations of the Procuring entity
and candidates previously subject to the deadline will therefore be subject to
the deadline as extended
2.18.2 Bulky tenders which will not fit in the tender box shall be received by the
procuring entity as provided for in the Appendix.
2.19.1 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 tenders, is received by the Procuring entity prior to the
deadline prescribed for submission of tenders.
2.19.3 No tender may be modified after the deadline for submission of tenders.
2.19.4 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 2.14.7
2.20.1 The Commission will open all tenders in the presence of tenderers or their
representatives who choose to attend, on 24th October, 2017 at 11.00am; TSC
House, 3rd Floor, Podium Wing.
2.20.2 The tenderers’ representatives who are present shall sign a tender opening
register evidencing their attendance.
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2.20.3 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.
2.20.4 The Procuring entity will prepare minutes of the tender opening.
2.21.4 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.
2.22.3 The Procuring entity will examine the tenders to determine whether they are
complete, whether any computational errors have been made, whether
required sureties have been furnished, whether the documents have been
properly signed, and whether the tenders are generally in order.
2.22.5 The Procuring entity may waive any minor informality or non-conformity or
irregularity in a tender which does not constitute a material deviation,
provided such waiver does not prejudice or effect the relative ranking of any
tenderer.
2.22.6 Prior to the detailed evaluation, pursuant to paragraph 2.23 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.
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2.23.3 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.
2.24.3 The Procuring entity will evaluate and compare the tenders which have been
determined to be substantially responsive, pursuant to paragraph 2.22
2.24.4 The Procuring entity’s evaluation of a tender will exclude and not take into
account
2.24.6 The Procuring entity’s evaluation of a tender will take into account, in
addition to the tender price and the price of incidental services, the following
factors, in the manner and to the extent indicated in paragraph 2.23.5 and in
the technical specifications:
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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.
2.24.8 The tender evaluation committee shall evaluate the tender within 30 days of
the validity period from the date of opening the tender.
2.24.9 Preference where allowed in the evaluation of tenders shall not exceed 15%
2.25.3 Subject to paragraph 2.21 no tenderer shall contact the Procuring entity on
any matter related to its tender, from the time of the tender opening to the
time the contract is awarded.
2.25.4 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 Tenderer’s tender.
(a) Post-Qualification
2.26.3 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.
2.26.4 The determination will take into account the tenderer financial, technical, and
production capabilities. It will be based upon an examination of the
documentary evidence of the tenderers qualifications submitted by the
tenderer, pursuant to paragraph 2.12.3 as well as such other information as
the Procuring entity deems necessary and appropriate.
2.26.6 The Procuring entity will award the contract to the successful tenderer(s)
whose tender has been determined to be substantially responsive and has been
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determined to be the lowest evaluated tender, provided further that the
tenderer is determined to be qualified to perform the contract satisfactorily.
2.26.7 To qualify for contract awards, the tenderer shall have the following:
2.26.8 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
tenderer of the grounds for the procuring entity’s action
2.26.9 The procuring entity may at any time terminate procurement proceedings
before contract award and shall not be liable to any person for the termination
2.26.10 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.
2.26.11 A tenderer who gives false information in the tender document about is
qualification or who refuses to enter into a contract after notification of
contract award shall be considered for debarment from participating in future
public procurement.
2.27.3 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.
2.27.4 The notification of award will signify the formation of the Contract but will
have to wait until the contract is finally signed by both parties. Simultaneous
other tenderers shall be notified that their tenders have not been successful.
2.28.3 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.
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2.28.4 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.
2.28.5 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.
2.29.3 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.
2.30.3 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 and will not be involved in corrupt or
fraudulent practices.
2.30.4 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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APPENDIX TO INSTRUCTIONS TO TENDERERS
The following information regarding the particulars of the tender shall complement
supplement or amend the provisions of the instructions to tenderers. Wherever there is
a conflict between the provision of the instructions to tenderers and the provisions of
the appendix, the provisions of the appendix herein shall prevail over those of the
instructions to tenderers.
ITT Particulars of appendix to instructions to tenderers
2.1.1 Particulars of eligible tenderers: This tender is open to bidders with proven financial and
technical capability to provide an Electronic Document Management System
2.3.2 Price to be charged for manual tender documents. Kshs. 1,000
2.10 Particulars of other currencies allowed. None
2.11 Particulars of eligibility and qualifications documents of evidence required. Refer the
Evaluation Criteria
2.14.2 The amount of tender security required is 2% of tender contract price
2.14.4 A tender security in the form of a Guarantee from a reputable Bank or an Insurance Company
approved by the PPOA. SELF ISSUED BID BONDS BY THE BIDDERS WILL NOT BE
ACCEPTED
2.15 Validity of Tenders: Tenders Shall remain valid for 120 days up from date of opening
2.17.1 The bidder shall seal the original and copy of the tender in separate envelopes duly marked
“ORIGINAL’’ and “COPY’’. The envelopes shall then be sealed in an outer envelope
addressed to The Secretary, Teachers Service Commission P.O Box Private Nairobi. The
Bulky tenders which do not fit in the tender box shall be delivered to the Procurement Unit.
2.22 Evaluation Criteria
a) Preliminary Evaluation - Mandatory Requirements (MR)
No. Documents to be submitted YES/NO
MR1 Copy of certificate of Registration/Incorporation
MR 2 Copy of Valid Tax Compliance certificate
MR 3 Copy of valid PIN/VAT
MR 4 Dully filled, signed and stamped Confidential Business Questionnaire
in format provided
MR 5 Price Schedule in the format provided
MR 6 Filled and signed Form of Tender in the Format provided
MR 7 Manufacturer’s Authorization or Dealership Agreement
MR 8 Original copy of the Tender Security (Bid bond) of 2% of the contract
price inform of a Bank guarantee or bankers cheque from a reputable
bank in Kenya or Insurance guarantee approved by PPRA.
MR 9 Filled, signed and stamped declaration that the bidder is not debarred
from participating in Public Procurement in the format provided
MR10 Filled, signed and stamped declaration that they will not engage in any
corrupt practice in the format provided
MR11 Valid Business Permit from the county government
MR12 Dully filled, signed and stamped Site visit form by appointed TSC and
Bidder representatives
Note: Only bids meeting all the above requirements shall proceed to technical evaluation
N.B: MUST have all pages in the whole document SERIALIZED and INITIALIZED
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2.24.1
b)Technical Evaluation Criteria
Description of Criteria Score (%)
Managerial and Key Personnel Competency Profiles
• Organizational Chart=@=@ 2 marks
Qualification of Key Staff and Capacity to deliver 27
goods/service:
goods/service
• Manager
-Masters Degree in Project Management or any IT related
field (Attach CVs and relevant Certificates) 5 marks
-5 years of experience 1mark for each year ( Total 5 marks)
• 3 Technical Staffs
BSC Degree in Computer Science or related Degree (Attach
CVs and relevant Certificates) =66 marks
Each employee to have 3 years of experience =9 9 marks
Financial Resources
• Firm’s Audited financial accounts for the last 3 years 20
(2014,2015 and 2016)= 3@3 ( 9marks
Financial Ratios to be Evaluated:
• Liquidity ratios: CA/CL ≥ 1:1 = 4 marks
CA/CL ≥ 0.5:1 = 3 marks
CA/CL < 0.5 = 2 marks
• Gearing ratios not more than 50% = 3 marks
50% - 99% = 2 marks
100% and above = 1 mark
• Profitability ratios 10% and above = 4 marks
5% - 9% = 3 marks
Below 5% - 2 mark
Experience
Years of Experience in EDMS implementation( Attach
evidence)
• One year experience = @ 5 marks 20
• Two years experience = @ 10 marks
• Three years experience = @ 15 marks
• Four years and above = @ 20 marks
Reputation
• Letters of reference from three major clients as proof
of implementation of EDMS include contact person, address 15
and telephone numbers. Generic letters will not be acceptable
=3@ 5marks
5marks
Project Work plan and implementation methodology 18
Award Criteria
2.26.6 Will be based on the lowest evaluated bidder
Performance Security
2.29.1 Performance Security shall be 5% of the contract sum inform of a bank guarantee
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SECTION III - GENERAL CONDITIONS OF CONTRACT
3.1 Definitions
3.2 Application
3.2.1 These General Conditions shall apply in all Contracts made by the Procuring
entity for the procurement installation and commissioning of equipment to the
extent that they are not superseded by provisions of other part of contract.
3.3.1 For purposes of this clause, “Origin” means the place where the Goods were
mined, grown or produced.
3.3.2 The origin of Goods and Services is distinct from the nationality of the tenderer
and will be treated thus in the evaluation of the tender.
3.4 Standards
3.4.1 The Goods supplied under this Contract shall conform to the standards
mentioned in the Technical Specifications.
3.5.1 The Candidate shall not, without the Procuring entity’s prior written consent,
disclose the Contract, or any provision therefore, or any specification, plan,
drawing, pattern, sample, or information furnished by or on behalf of the
Procuring entity in connection therewith, to any person other than a person
employed by the tenderer in the performance of the Contract.
3.5.2 The tenderer shall not, without the Procuring entity’s prior written consent,
make use of any document or information enumerated in paragraph 3.5.1 above
3.5.3 Any document, other than the Contract itself, enumerated in paragraph 3.5.1
shall remain the property of the Procuring entity and shall be returned (all
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copies) to the Procuring entity on completion of the Tenderer’s performance
under the Contract if so required by the Procuring entity
3.6.1 The tenderer shall indemnify the Procuring entity against all third-party claims
of infringement of patent, trademark, or industrial design rights arising from
use of the Goods or any part thereof in the Procuring entity’s country
3.7.1 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.
3.7.2 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.
3.7.3 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) Bank guarantee
c) Such insurance guarantee approved by the TSC
d) Letter of credit
3.7.4 The performance security will be discharged by the Procuring entity and
returned t the Candidate not late than thirty (30) days following the date of
completion of the Tenderer’s performance obligations under the Contract,
including any warranty obligations, under the Contract
3.8.1 The Procuring entity or its representative shall have the right to inspect and/or
to test the equipment to confirm their conformity to the Contract specifications.
The Procuring entity shall notify the tenderer in writing in a timely manner, of
the identity of any representatives retained for these purposes.
3.8.2 The inspections and tests may be conducted in the premises of the tenderer. 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.
3.8.3 Should any inspected or tested equipment fail to conform to the Specifications,
the Procuring entity may reject the equipment, and the tenderer shall either
replace the rejected equipment or make alterations necessary to make
specification requirements free of costs to the Procuring entity.
3.8.4 The Procuring entity’s right to inspect test and where necessary, reject the
equipment after the equipment arrival and installation shall in no way be
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limited or waived by reason of the equipment having previously been
inspected, tested and passed by the Procuring entity or its representative prior to
the equipment delivery.
3.8.5 Nothing in paragraph 3.8 shall in any way release the tenderer from any
warranty or other obligations under this Contract.
3.9 Packing
3.9.1 The tenderer shall provide such packing and packaging of the equipment as is
required to prevent their damage or deterioration during transit to their final
destination, as indicated in the Contract.
3.9.2 The packing, marking, and documentation within and outside the packages
shall comply strictly with such special requirements as shall be expressly
provided for in the Contract
3.10.1 Delivery of the equipment, documents and installation of the same shall be
made by the tenderer in accordance with the terms specified by Procuring
entity in its Schedule of Requirements and the Special Conditions of Contract
3.11 Insurance
3.11.1 The equipment supplied under the Contract shall be fully insured against loss
or damage incidental to manufacturer or acquisition, transportation, storage,
and delivery in the manner specified in the Special conditions of contract.
3.12 Payment
3.12.1 The method and conditions of payment to be made to the tenderer under this
Contract shall be specified in Special Conditions of Contract
3.12.2 Payments shall be made promptly by the Procuring entity as specified in the
contract
3.13 Prices
3.13.1 Prices charged by the tenderer for equipment delivered and installation
performed under the Contract shall not, with the exception of any price
adjustments authorized in Special Conditions of Contract, vary from the prices
by the tenderer in its tender.
3.13.2 Contract price variations shall not be allowed for contracts not exceeding one
year (12 months)
3.13.3 Where contract price variation is allowed, the variation shall not exceed 10%
of the original contract price.
3.13.4 Price variation requests shall be processed by the procuring entity within 30
days of receiving the request.
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3.14. Assignment
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
3.15. Subcontracts
3.15.1 The tenderer shall notify the Procuring entity in writing of all subcontracts
awarded under this Contract if not already specified in the tender. Such
notification, in the original tender or later, shall not relieve the tenderer from
any liability or obligation under the Contract
3.16.1 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 deliver any or all of the equipment within the
period9s) 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
3.16.2 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,
equipment similar to those undelivered, and the tenderer shall be liable to the
Procuring entity for any excess costs for such similar equipment.
3.18.1 If the tenderer fails to deliver and/or install any or all of the items within the
period(s) specified in the contract, the procuring entity shall, without prejudice
to its other remedies under the contract, deduct from the contract prices
liquidated damages sum equivalent to 0.5% of the delivered price of the
delayed items up to a maximum deduction of 10% of the delayed goods. After
this the tenderer may consider termination of the contract.
3.19.1 The procuring entity and the tenderer shall make every effort to resolve
amicably by direct informal negotiation any disagreement or dispute arising
between them under or in connection with the contract
3.19.2 If, after thirty (30) days from the commencement of such informal negotiations
both parties have been unable to resolve amicably a contract dispute, either
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party may require that the dispute be referred for resolution to the formal
mechanisms specified in the SCC.
3.20.1The language of the contract and the law governing the contract shall be English
language and the Laws of Kenya respectively unless otherwise specified in the
SCC
3.21.1The Tenderer shall not be liable for forfeiture of its performance security or
termination for default if and to the extent that it’s delay in performance or
other failure to perform its obligations under the Contract is the result of an
event of Force Majeure.
3.22 Notices
3.22.1Any notice given by one party to the other pursuant to this contract shall be sent
to other party by post or by fax or Email and confirmed in writing to the other
party’s address specified.
3.22.2A 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
4.1 Special Conditions of Contract (SCC) shall supplement the General Conditions
of Contract (GCC). Whenever there is a conflict, between the GCC and the
SCC, the provisions of the SCC herein shall prevail over these in the GCC.
3.10 The vendor shall provide for System upgrade patches compatible with the
existing Operating Systems at no extra cost
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SECTION V -SCOPE OF WORK
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5.1 EDMS Software Solutions Requirements Scope
Detailed requirements for each functional module can be found in section 5.6.9. The
required workflows are indicated in section 5.0 IV (a-j). These requirements have been
extrapolated from analysis of current process needs and future anticipated growth of
the Commission. The following are the modules that the system must have;
a) Scanning Module
b) User Interface Module
c) Administration Module
d) Business process/Workflow Module
e) Archival Module
f) Forms Module
g) Security Module
h) Integration Module
i) Reports Module
j) Barcode recognition Module
k) Automatic Email Archive Module
l) Electronically Certified Documents Module
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troubleshoot the infrastructure, application, and functional components of the
solution. Various parties of the TSC must also become proficient in developing
and deploying the required interfaces in their respective environments.
5.3.3 The contractor must provide training and materials for the following groups of
individuals:-
a) Identified individuals to be trained as competent technical system
administrators.
b) IT application support analysts who will be competent to provide day to day
technical support for the installed solutions that the contractor will
implement
c) Software developers who will develop or customize specific interfaces,
components or reports as and when required.
d) Non-technical functional system super users or Single Point of Contacts
(SPOCs), proficient in the basic configuration and advanced usage of the
various features of the system. This group of individuals will be drawn from
the various business functional areas (directorates).
5.4.1 This tender specification reflects requirements of the TSC Staff within the TSC
will be direct/guide users of the system.
5.4.2 The Commission has a workforce of 3000 staff. Based on the assessment of
requirements for identified stakeholder groups, the TSC anticipates a user base
of 1500. In time, other stakeholders within the Commission may choose to use
the EDMS system to meet their independent functional requirements.
Therefore, the Commission seeks a fully scalable system that will support users
across the TSC offices country wide.
5.4.3 For proposing purposes, assume a user base of 1,500 employees; 10% of those
being non-technical content contributors or other power users and the
remaining 90% casual users. The manual documents are approximately 125
million pages in number. The manual documents will be digitized over time.
Document production volume in TSC is in the five millions of pages per year.
5.4.4 The TSC anticipates that the solution may consist of multiple instances of
software able to communicate with one another as needed. For example, the
document management system to store documents related to teachers’
transactions and secretariat staff and support Teacher Relationship
Management System (TRMS), Customer Relationship Management System
(CRMS), Human Capital Management System and other MIS.
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5.5 TSC Current and Future Computing Environments
5.5.1 Client Side Computing Environment
The Commission currently has about 700 work stations/client desktop machines.
A good number of these machines run on MS Windows. An EDMS platform
that can be accessed on windows desktops in addition to later windows
operating systems will be preferred.
5.5.2 Office Automation Tools
The TSC currently uses the Microsoft Office professional suite of applications
(Word, Excel, etc) for office automation. Our current electronic mailing system
is based on an open source system with basic functionalities that shall be
replaced with an elaborate electronic messaging system in the very near future.
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5.6 PROPOSAL CONTENTS (TECHNICAL CONTENTS ONLY)
The vendor must present, in detail, features and capabilities of the proposed
application software. This part of the response is a free narrative section. The
discussion should provide comprehensive information about the actual solution
and services being proposed to address this tender. The content may overlap
the content provided in other sections of the response, but should attempt
to not directly replicate other content. It is acceptable to refer to the detailed
information and supporting tables, charts, and graphs provided in other sections
of the response.
5.6.2.2The vendor must also explain in-detail, the security model of the application,
and describe generally the tasks required to configure and maintain application
security. Explain as well if and how system security validation can be integrated with
MS Active Directory.
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product and/or whether the TSC will have to contract on its own for the product.
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This information must include:
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SECTION VI - TECHNICAL SPECIFICATIONS
6.1 GENERAL
6.1.1. These specifications describe the basic requirements for equipment. Tenderers
are requested to submit with their offers the detailed specifications, drawings,
catalogues, etc for the products they intend to supply.
6.1.2 Tenderers must indicate on the specifications sheets whether the equipment
offered comply with each specific requirement.
6.1.3 All the service elements to be supplied shall not be less than those required in
these specifications. Deviations from the basic requirements, if any, shall be
explained in detail in writing with the offer, with supporting data such as
calculation sheets, etc. The procuring entity reserves the right to reject the
products, if such deviations shall be found critical to the use and operation of
the products
6.1.4 The tenderers are requested to present information along with their offers as
follows;-
6.2 BACKGROUND
6.2.1 The Teachers Service Commission is the agency responsible for the nation’s
teaching staff. The TSC undertakes various functions aimed at enhancing
welfare of the members of the TSC in the country as guided by the executive
law.
6.2.3 TSC requires the services of an experienced service provider to digitize and
index records and to provide comprehensive user training in the use of the
Electronic Document Management System for all levels of staff.
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6.3 SCHEDULE OF REQUIREMENTS AND DELIVERABLES
SNo Description
The system should allow defining of retrieval screens or ability to modify the system
retrieval screens.
The system should provide ability to view the - Application navigation panel, Search
results, Document (image, word, etc.), and Metadata at the same time in one page?
The system should have proven ability to store and manage more than a billion
documents.
The system should have proven ability to support more than 1500 users working
simultaneously.
The internal IT staff should maintain and expand and even change the applications
without the assistance of the vendor and without writing any code.
c) Technical
The system should support Microsoft SQL, MYSQL, HANA, Informix, Oracle database
platforms or any latest data management platform.
The system should support both Internet/Intranet environments.
The system should support Multiple storage controller.
The system should have the ability to be managed and maintained on a hosted site.
The system should support hybrid private clouds solution.
The system should support Microsoft IE, Firefox Mozilla and Google Chrome
browsers.
The system should be able to support storing of documents on distributed DAS/ NAS
/ SAN/ devices.
The system should provide a TCP/IP based access to the documents repository and
encryption capabilities for the documents.
The system should be a modular solution.
The system should have the ability to authenticate using Active Directory.
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The system should have the ability to use single-sign-on for authentication.
Be customized to work with other applications (if the applications use the same
framework architecture as the proposed system)
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The solution should support:
PDF-A
physical paper, file management and preservation.
Microfilm
WORM Optical Disc
WORM tape
Voice
local and international standards for archiving
Archived content to be retrieved
Record retention and destruction policies to be applied to archived content.
Automatic imaging of single-sided, two-sided, and multiple page documents.
Scanning by single sheet feeding and by automatic document feeder.
Rent use of data capture software on separate PCs.
And allow documents to be scanned at a range of resolutions.
Duplex (one page, double sided) scanning.
Multiple page documents.
Or allow users to set up document batch classes and identify specific types of
documents and forms.
e) Upload
The system should support scheduling of import jobs from local or server folders to
enable automatic import on a regular basis.
The system should have the ability to capture transactional documents generated by
other systems.
f) Annotation
The system should allow comments to be posted on documents.
The system should allow comments to be kept in the database.
The system should provide the ability to markup documents with colored marks, text
annotations, sticky notes, etc.
The system should allow comment information to be kept with date, time, user, text.
g) Documents
The solution should:
Support DOCX, XLSX, TIF, PPTX, PDF, MSG formats.
Allow files to be viewed using a built-in viewer (E.G viewing Word files without
having MS-Word installed in the station)
Support Documents kept in their native format without being changed.
Allow the system to manage document versions.
Support check-in/ check-out capabilities.
Allow documents to be viewed while checked-out.
Support hierarchical Filing.
Allow documents to be saved directly from the native application (e.g. MS Word) into
the DMS system.
Support the ability to launch documents externally from the DMS using native
applications.
Support import of documents with index information.
Support ability to edit and save documents directly from the DMS viewer without
changing the original.
Manage system fields for each document including: creation/update date, user
creating/updating, document type, version number, etc. regardless of additional
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metadata defined.
Allow documents to be linked to other documents within the DMS.
h) Email Management
The solution should:
Provide an automated process for the capturing of all inbound and outbound e-mails.
Allow saving of e-mails with or without attachments, both incoming and outgoing.
Allow saving of e-mails with attachments, as a single multipage TIF or PDF.
Allow linking the mail message and its attachments to an existing document in DMS.
Enable view of email messages stored in the DMS with an indication of its
attachment.
Enable view of email messages attachments from within the DMS.
i) Business Process Automation/Workflow
offer the ability to create alarms based on time, numbers, queue, and custom
properties
Allow workflows to be sent to external recipients
Support tracking of managing the amount of time users spend performing their work
Allow the system workflow to include a facility to distribute incoming items to group
members in rotation, or on a member’s completion of the current task, to balance
team members’ workloads
have a strong reporting utility for each workflow defined? This should include reports
like, All work not completed, User productivity in responding to tasks. Time taken to
complete a specific workflow etc.
Include the ability to prioritize items in queues
support the system workflow feature to allow users to assign "pending" status to a
workflow item until a certain date or event occurs
show the progress of a document through a workflow so that users can determine
the status of a document in the process
keep and show the history of a workflow process for each document that participate
in a workflow process
provide the ability for non-technical authors to create workflow design without
scripting or programming
Allow the graphical workspace to provide drag-and-drop capabilities
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allow mandatory or optional status to be assigned to a workflow or workflow step
Have the ability to build complicated workflows with splits, joins etc.
provide ability to create sub queries within the main search criteria
Supports drill-down query capabilities (E.g. Clients > Orders > Items)
Provide ability to search text within file notes of documents in the database
k) User Interface
The solution should:
Provide a configurable user interface, both in win form and web form, without the
need to write any code
Have the ability to customize data views or user interface framesets for different user
groups
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Offer a simple drag and drop interface style for uploading documents
Allow documents to be created (and not just uploaded) directly from the system UI
(E.g. operate a scanner, create word document by template).
Allow external systems to access easily the system UI to perform documents
retrievals or document creation? If so, which kind of authorization is needed
l) Integration
The solution should:
Be able to integrate with 3rd party data bases
Be able to integrate easily with legacy systems such as ERP (HRMIS/FINANCIAL
SYSTEM), CRM, Teachers Online System, TPAD, TPAY, Mobile app, Messaging System
Be able to integrate easily using script based integration tools
Provide Web Services for Uploading and Downloading of data and documents and for
Workflow activities
Be able to integrate with websites
Have the capability to capture and index electronic documents directly from Microsoft
Office applications
Have the ability to identify and enforce document state such as reviewed, approved,
published, archived and retired.
enable multiple content objects to be organised, assembled and published as a single
structure (Virtual documents)
provide the ability to link documents through the User Interface.
integrate with LDAP
m) Record Management
The solution should:
have the ability to capture electronic documents and pass them onto a process where
they can be declared as a record
provide the ability to capture and declare a record within one process
provide the ability to capture an electronic document and declare it as a record at a
later date
support retention capabilities based on a retention schedule
support records disposal functionality within the solution
integrate with a Thesaurus or Classification Scheme
support multiple levels of classification
allow the customization of Record Metadata
Support document destruction capabilities within the system.
provide the ability to define and configure multiple record types
provide the ability to generate numbers and unique identification for record objects
provide the ability to aggregate content together and declare a record for the
complete group
provide the capability to cater for off-site storage of physical documents
Comply with local and international standards
n) Legal Holds
The EDMS should:
Be able to preserve data and prevent spoliation
Support multiple searches used to place and remove holds per document
Provide Support for multiple legal holds on a record without need for copies
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Provide for the ability to remove legal holds on a record per matter
Provide support for in-place legal hold on existing content
Provide for controlled suspension of automatic deletion routines
Support collection of multiple searches to place records into a legally defensible,
secured location for each matter?
o) Versioning
The EDMS should:
Allow the user, when checking in a content object, to choose whether the item they
are checking in is a minor revision or a major revision.
Provide a web-based environment for managing the versioning of all content objects
and content collections stored within it
Provide the ability for the versioning pattern to be customized
Allow for events to be triggered based on version changes
Allow for security to be applied to content based on the version of the content
Provide the user with the ability to rollback content to previous versions and provide
controls that can be applied to this action
p) Metadata Editor and Creation
The EDMS should:
Provide a Metadata Editor for Taxonomy Creation and Management
Have standards that the Metadata Editor supports.
Provide a mechanism to allow for Metadata Configuration and Management
Provide for a mechanism to manage devolved content
q) Collaboration
The EDMS should:
Provide users with functionality that encompasses the entire collaborative process,
whether they are located in the central office or in the other regions?
Allow the Legal team or disciplinary department to create workspaces for their
members, enabling employees to define, organize, share, and monitor their work
from development to delivery
Allow users to set notifications that enables users to stay informed when changes
occur within relevant documents.
Generate reports for Notifications, informing users that events of interest have
occurred. Users can specify whether they want to receive the reports by email at
scheduled times or view them on-demand in their Web browser.
Enable Polls to enable team leaders to efficiently obtain a consensus on
discussions/meetings.
Offer News Channels that allow TSC to deliver a variety of news items to employees
in an effective and non-intrusive manner.
Offer a platform for discussions that provide a way to share thoughts and information
publicly with other users.
Offer Follow-Ups which should be with scheduled reminders that track important
deadlines and upcoming activities of certain documents or engagements
Include a social media capability that allow users to build up social networks by
connecting to each other and following other user’s status updates and content
related activities.
Allow users to customize their own homepage to their needs, documents access and
look and feel
r) Audit Trail
The EDMS should:
Generate and maintain an audit trail for all user activities such as modification,
update and deletion
Provide for the ability to modify a document while safeguarding the original copy
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Send alerts in cases of irregular activities, predefined by the system administrator
s) Security
The EDMS should:
Have an independent security system from that of the network
Apart from having its own authentication mechanism, Support LDAP Authentication
Provide protection at - Application Level, Library Level, Document level, Fields Level
and Content Level
Have the ability to retain some documents as private
Provide comprehensive collaboration using role-based access for viewing, accessing,
or modifying documents based on permissions. Should have structured user rights to
prevent users from accessing documents that they do not have authority to access.
Provide the ability to audit all system activity and create audit reports including a
clear, auditable record of access and changes
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Edit rights
See Filename Only
The EDMS security function should place the following restrictions on USERS:
No Access rights
Read Only rights
Edit rights
See Filenames Only rights
The EDMS should provide its OWN security function
The EDMS should also rely on an alternative network security system besides the
host network's security system
The EDMS security function should provide for document encryption
The EDMS should allow for multiple user security profiles be created to control the
access to all of the proposed system's features and functions enjoyed by different
groups of users
The EDMS should allow for creation of a security profile controlling the ability of
multiple users to access specific features and functions of the proposed system
The EDMS should enable the creation of a security profile controlling a user's ability
to:
View ALL documents
View only specific document groups
View only departmental documents
The EDMS should provide the ability to view all user-defined security profile codes,
and select the one desired, via a drop-down list box when maintaining help desk staff
members
The EDMS should provide the following levels of access privileges:
Individual level:
Role (position):
Group level:
The EDMS should provide default user group settings to help speed up initial system
implementation
The EDMS should provide Object level security
The EDMS should enable process participants view only what their security privileges
enable them to access
The EDMS should provide the ability to lock and hide specific data fields
The EDMS should have the ability to utilize the Check-In/Check-Out function to
monitor and verify the integrity of all security settings
The EDMS should be able to provide support for Public Key Infrastructure (PKI)
The EDMS should be able to support digital signatures
The EDMS should be able to support digital certificates
The EDMS should be able to support features or functions designed to minimize the
risk of collaboration beyond the firewall
The EDMS should be able to perform a modification of the security access to a batch
of records.
The EDMS should support exposure of the administration capability through a
separate secure site
The EDMS should support hierarchical, delegated user administration
Does the system allow for administrative rights to be delegated on a granular level?
The EDMS should be able to support assignment of privileges to objects on a per role
or per group level.
t) Templates to Drive Reuse
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The EDMS should:
Provide User Interface (UI) support for XML file based templates
Provide UI support for a template library
Facilitate easy transportation between development, staging and production
environments, and the deployment should be managed centrally
Have the ability to provide automatic deployment of all components.
Manage deployment without bringing down the production environment.
Support scripting to automate deployment tasks
Support Rollback of components/code?
Provide a security mechanism to manage deployment and segregation of duties
u) Reporting and Analysis
The EDMS should:
Provide reporting capabilities which exist as part of the system.
Provide Content Analytics capabilities which exist as part of the system.
Allow reports to be saved for future reuse
Provide non-technical users with the ability to build reports.
v) Resources
Provide a project and implementation plan for deployment and implementation of the
software solution within 90 days.
The EDMS should be easily customizable, and the UI be modified without writing
code
The EDMS should be easily deployed and be up and running within weeks
w) Training
User interfaces should be intuitive and require minimal training for the end users
The vendor should provide online ongoing training as needed?
The vendor should take a minimum of 4 officers for extensive technical training
On-site training for users and advanced training for administrators should be
available during software installation. A detailed training schedule to be provided.
The on-site training should be available on an on-going basis
The training should be customized to meet the needs of this specific client
Training manuals, i.e., software procedure manuals, should be provided during the
training.
x) Architecture
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On-Site Support:
When on-site support is needed, the guaranteed response time should be:
Same day as initial call
Next business day
A staff member dedicated to software support should be available during normal
business hours
The support should be available 24 hours/day, 7 days/week
The on-line HELP should be available at the screen level
Field level on-line help should be available at all times
The bidder should provide Post-Implementation support (e.g., 12 months of on-site
support after go-live).
The bidder should provide telephone support (including toll-free support hotline,
hours of operation, availability of 12 x 7 hotline, etc.).
The vendor should have “levels” of customer support (e.g., gold, silver, etc.).
The vendor should have escalation policy and procedures for system problems,
issues, and "bugs".
The vendor should have an upgrade process, path, and recent upgrade release
timeframes
The vendor should have the ability to assist the Commission in recreating an
operational system after any event that renders the system completely unusable.
The Commission will be implementing an off-site backup copies of the data and
operational system file.
z) System Pricing And Licensing (Cost To Be Provided In The Financial Bid In
This Format)
The proposed system should either have 1500 users or unlimited users and should
be perpetual.
The proposed vendor should provide information on the mode of licensing eg by:
- Concurrent user?
- User seat
- Number of database records
- Number of database transactions
- Number of CPU cores
- Number of web service Invocations
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PRICE SCHEDULE
3. Installation,
systems integration,
creation of N/A
workflows, testing
and commissioning
of EDMS Solution
4. Technical training
on EDMS Solution 5 users
(Knowledge
transfer)
5. User training on
EDMS Solution 1500 Users
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TEACHERS SERVICE COMMISSION
This is to certify that the named bidder/company attended the site visit as
required in the Tender document
Official Stamp
Official Stamp
45
SECTION VII - STANDARD FORMS
5. This Tender, together with your written acceptance thereof and your
notification of award, shall constitute a Contract, between us. Subject to signing of the
Contract by the parties.
6. We understand that you are not bound to accept the lowest or any tender that
you may receive.
46
7.2 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
Date…………………………………Signature of Candidate……………………….
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INTEGRITY DECLARATION
I/We/Messrs…………………………………………………………………… of
........... Street/avenue, .............. Building, P. O. Box …………Code ...…, of ............
(Town),................ (Nationality), Phone .................. E-mail .....................…. declare that
Public Procurement is based on a free and fair competitive tendering process which
should not be open to abuse.
I/We ..…………………………………………………………………………………..
declare that I/We will not offer or facilitate, directly or indirectly, any inducement or
reward to any public officer, their relations or business associates, pursuant to Section
62 of the Public Procurement & Asset Disposal Act, 2015, in connection with
48
NON-DEBARMENT STATEMENT
I/We/Messrs…………………………………………………………………… of
........... Street/avenue, .............. Building, P. O. Box …………Code ...…, of ............
(town), ................ (Nationality), Phone .................. E-mail .....................…. declare that
I/We /Messrs ................................................................. are not debarred from
participating in public procurement by the Public Procurement Oversight Authority
pursuant to pursuant to Section 62 of the Public Procurement & Asset Disposal Act,
2015
49
7.3 TENDER SECURITY FORM
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.
WHEREAS the Procuring entity invited tenders for [certain goods ] and has accepted a
tender by the tenderer for the supply of those goods in the sum of
…………………………… [contract price in words and figures] (hereinafter called
“the Contract Price).
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 vis a vis:
(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
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.
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7.5 PERFORMANCE SECURITY FORM (For information)
To ………………………………………….
[name of Procuring entity]
AND WHEREAS it has 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.
[address]
[date]
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7.6 BANK GUARANTEE FOR ADVANCE PAYMENT (For Information)
To ………………………………
[name of Procuring entity]
We further agree that no change or addition to or other modification of the terms of the
Contract to be performed there-under 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 in full effect from the date of the advance payment
received by the tenderer under the Contract until ………… [date].
Yours truly,
[address]
[date]
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7.7 MANUFACTURER’S AUTHORIZATION FORM
We hereby extend our full guarantee and warranty as per the General Conditions of
Contract for the goods offered for supply by the above firm against this Invitation for
Tenders.
Note: This letter of authority should be on the letterhead of the Manufacturer and
should be signed by an authorized person.
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7.8 LETTER OF NOTIFICATION OF AWARD (For Information)
Tender Name
This is to notify that the contract/s stated below under the above mentioned tender have
been awarded to you.
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)
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7.10 FORM RB 1 (For Information)
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…
SIGNED
Board Secretary
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