TENDER FOR THE SUPPLY AND INSTALLATION OF CUSTOMER RELATIONSHIP MANAGEMENT SYSTEM (CRM)

Transcription

1 KENYA TRADE NETWORK AGENCY (KENTRADE) Embankment Plaza First Floor P.O. Box NAIROBI Tel: ; TENDER FOR THE SUPPLY AND INSTALLATION OF CUSTOMER RELATIONSHIP MANAGEMENT SYSTEM (CRM) TENDER NO. KTNA/ICF/ONT/09/ (AMMENDED) MAY, 2014

2 TABLE OF CONTENTS INTRODUCTION. 3 PAGE SECTION I INVITATION TO TENDER 4 SECTION II INSTRUCTIONS TO BIDDERBIDDERS. 5 SECTION III GENERAL CONDITIONS OF CONTRACT. 21 SECTION IV SPECIAL CONDITIONS OF CONTRACT.. 26 SECTION V TECHNICAL SPECIFICATIONS 27 SECTION VI SCHEDULE OF REQUIREMENTS. 31 SECTION VII PRICE SCHEDULE FOR GOODS.. 32 SECTION VIII STANDARD FORMS FORM OF TENDER CONFIDENTIAL BUSINESS QUESTIONNAIRE FORMS TENDER SECURITY FORM CONTRACT FORM

3 Introduction 1.1 This Standard Tender Document has been prepared for use by The Kenya Trade Network Agency (KENTRADE) 1.2 The Kenya Trade Network Agency has received funding from the Investment Climate Facility for Africa (ICF) towards facilitating the implementation of the Kenya National Electronic Single Window system. Part of this funding shall be used for the procurement of a Customer Relationship Management System. 1.3 The Agency requires the CRM system that shall have modules relating to customer service, billing and analytics/reports. The system will interphase with Avaya Contact Center Solution, an ERP Solution, the National Electronic Single Window System (Kenya Tradenet) which is hosted on an Oracle Platform and Kentrade Corporate s. The System shall also offer a multichannel customer communication system to include , telephony, SMS, chat and social media. 1.4 The overall needs of the Customer Relationship Management Solution shall incorporate: Provision of CRM Solution Software Provision of Middleware that supports CTI and API for integration with other systems including Avaya Contact Centre Solution and ERP Installation of the two above. 3

4 SECTION I INVITATION TO TENDER DATE: 25 th April, 2014 TENDER REF NO: KTNA/ICF/ONT/09/ TENDER NAME : SUPPLY AND INSTALLATION OF A COSTOMER RELATIONSHIP MANAGEMENT SYSTEM 1.1 The Kenya Trade Network Agency invites sealed bids for the supply and installation of a Customer Relationship Management System as per the given specifications. 1.2 Interested candidates may obtain further information and inspect the tender documents at the Kenya Trade Network offices (Procurement Office), at Embankment Plaza (first floor) from Monday to Friday between 0800hours and 1630hours. Any enquiries may also be ed to procurement@kentrade.go.ke. 1.3 A complete tender document may be obtained by any interested bidder from the said office. 1.4 Completed tenders should be submitted accompanied by a tender security from a reputable bank or a reputable insurance company amounting Kshs. 100, valid for 120 days from the closing date of the tender. Failure to provide a tender security will lead to disqualification of the tender. 1.5 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. 1.6 Completed tender documents shall be submitted in plain sealed envelopes clearly marked with the Tender number and name and marked DO NOT OPEN BEFORE Friday 30 th May, 2014 at 1000 hours and should be addressed to:- The Project Director, Kenya Trade Network Agency, P.O Box Nairobi. 1.7 Tenders will be opened immediately thereafter in the presence of the Candidates or their representatives who choose to attend at the KENTRADE Boardroom 1 st Floor of Embankment Plaza. 1.8 Note that there will be a Pre-bid Conference on Wednesday 7 th May, 2014 as from 1000Hrs in the boardroom at Kentrade offices on first floor of Embankment Plaza, Upper Hill. 1.9 Youth, women and persons with disabilities who own registered firms are encouraged to participate KENTRADE reserves the right to accept or reject any tender and is not bound to give reason thereof. Project Procurement Specialist For: PROJECT DIRECTOR 4

5 SECTION II - INSTRUCTIONS TO BIDDERS Table of Clauses Page 2.1 Eligible Bidders Eligible goods Cost of tendering Contents of Tender document Clarification of documents Amendment of documents Language of tender Documents comprising the tender Tender forms Tender prices Tender currencies Bidders eligibility and qualifications Goods eligibility and conformity to tender documents Tender security Validity of tenders Format and signing of tenders Sealing and marking of tenders Deadline for submission of tender Modification and withdrawal of tenders Opening of tenders Clarification of tenders Preliminary examination Conversion to single currency Evaluation and comparison of tenders Contacting The Kenya Trade Network Agency Award of contract.. 15 (a) Post qualification (b) Award criteria.. 16 (c) Procuring entity s right to vary quantities 16 (d) Procuring entity s right to accept or reject any or all tenders Notification of award Signing of contract Corrupt or fraudulent practices

6 SECTION II - INSTRUCTIONS TO BIDDERS 2.1 Eligible Bidders This Invitation for Tenders is open to all Bidders eligible as described in the Invitation to Tender. Successful Bidders shall complete the supply of goods by the intended completion date specified in the Schedule of Requirements Section VI The Kenya Trade Network Agency s employees, committee members, board members and their relative (spouse and children) are not eligible to participate in the tender Bidders shall provide the qualification information statement that the bidder - (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 Agency 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 Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices. 2.2 Eligible Goods All goods to be supplied under the contract shall have their origin in eligible source countries For purposes of this clause, origin means the place where the goods are mined, grown, or produced. Goods are produced when, through manufacturing, processing, or substantial and major assembly of components, a commerciallyrecognized product results that is substantially different in basic characteristics or in purpose or utility from its components The origin of goods is distinct from the nationality of the Bidder. 2.3 Cost of Tendering The Bidder shall bear all costs associated with the preparation and submission of its tender, and the Agency, will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process. 6

7 2.4. The Tender Document The tender document comprises the documents listed below and addenda issued in accordance with clause 2.6 of these instructions to Bidders (i) Invitation to Tender (ii) Instructions to Bidders (iii) General Conditions of Contract (iv) Special Conditions of Contract (v) Schedule of requirements (vi) Technical Specifications (vii) Tender Form and Price Schedules (viii) Tender Security Form (ix) Contract Form (x) Performance Security Form (xi) Bank Guarantee for Advance Payment Form (xii) Manufacturer s Authorization Form (xiii) Confidential Business Questionnaire The Bidder 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 Bidders risk and may result in the rejection of its tender. 2.5 Clarification of Documents A prospective Bidder requiring any clarification of the tender document may notify the Agency in writing or by post at the entity s address indicated in the Invitation to Tender. The Agency will respond in writing to any request for clarification of the tender documents, which it receives not later than three (3) days prior to the deadline for the submission of tenders, prescribed by the Agency. Written copies of the Agency s response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective Bidders that have received the tender document The Agency shall reply to any clarifications sought by the Bidder within 3 days of receiving the request to enable the Bidder to make timely submission of its tender. 2.6 Amendment of Documents At any time prior to the deadline for submission of tenders, the Agency, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, may modify the tender documents by amendment All prospective candidates that have received the tender documents will be notified of the amendment in writing or by post and will be binding on them. 7

8 2.6.3 In order to allow prospective Bidders reasonable time in which to take the amendment into account in preparing their tenders, the Agency, at its discretion, may extend the deadline for the submission of tenders. 2.7 Language of Tender The tender prepared by the Bidder, as well as all correspondence and documents relating to the tender exchange by the Bidder and the Agency, shall be written in English language. Any printed literature furnished by the Bidder written in another language must be 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 Documents Comprising the Tender The tender prepared by the Bidders 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 that the Bidder is eligible to tender and is qualified to perform the contract if its tender is accepted; (c) documentary evidence established in accordance with paragraph that the goods and ancillary services to be supplied by the Bidder are eligible goods and services and conform to the tender documents; and (d) tender security furnished in accordance with paragraph Tender Forms The Bidder shall complete the Tender Form and the appropriate Price Schedule furnished in the tender documents, indicating the goods to be supplied, a brief description of the goods, their country of origin, quantity, and prices Tender Prices The Bidder shall indicate on the appropriate Price Schedule the unit prices and total tender price of the goods it proposes to supply under the contract Prices indicated on the Price Schedule shall include all costs including taxes, insurances and delivery to the premises of the entity Prices quoted by the tender shall be fixed during the Tender s performance of the contract and not subject to variation on any account. A tender submitted with an adjustable price quotation will be treated as non-responsive and will be rejected, pursuant to paragraph

9 The validity period of the tender shall be 90 days from the date of opening of the tender Tender Currencies Prices shall be quoted in Kenya Shillings unless otherwise specified in the Appendix to Instructions to Bidders Bidders Eligibility and Qualifications Pursuant to paragraph 2.1. The bidder shall furnish, as part of its tender, documents establishing the Bidders eligibility to tender and its qualifications to perform the contract if its tender is accepted The documentary evidence of the Bidders eligibility to tender shall establish to the Agency s satisfaction that the Bidder, at the time of submission of its tender, is from an eligible source country as defined under paragraph The documentary evidence of the Bidders qualifications to perform the contract if its tender is accepted shall be established to the Agency s satisfaction; (a) that, in the case of a Bidder offering to supply goods under the contract which the Bidder did not manufacture or otherwise produce, the Bidder has been duly authorized by the goods Manufacturer or producer to supply the goods. (b) that the Bidder has the financial, technical, and production capability necessary to perform the contract; (c) that, in the case of a Bidder not doing business within Kenya, the Bidder is or will be (if awarded the contract) represented by an Agent in Kenya, equipped, and able to carry out the Bidder s maintenance, repair, and spare parts-stocking obligations prescribed in the Conditions of Contract and/or Technical Specifications Goods Eligibility and Conformity to Tender Documents Pursuant to paragraph 2.2 of this section, the Bidder shall furnish, as part of its tender documents establishing the eligibility and conformity to the tender documents of all goods which the Bidder proposes to supply under the contract The documentary evidence of the eligibility of the goods shall consist of a 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 The documentary evidence of conformity of the goods to the tender documents may be in the form of literature, drawings, and data, and shall consist of: (a) a detailed description of the essential technical and performance characteristic of the goods; 9

10 (b) a clause-by-clause commentary on the Agency 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 For purposes of the documentary evidence to be furnished pursuant to paragraph (c) above, the Bidder shall note that standards for workmanship, material, and equipment, as well as references to brand names or catalogue numbers designated by the Procurement entity in its Technical Specifications, are intended to be descriptive only and not restrictive. The Bidder may substitute alternative standards, brand names, and/or catalogue numbers in its tender, provided that it demonstrates to the Procurement entity s satisfaction that the substitutions ensure substantial equivalence to those designated in the Technical Specifications Tender Security The Bidder shall furnish, as part of its tender, a tender security for the amount specified in the Appendix to Invitation to Bidders The tender security is required to protect the Agency against the risk of Bidder s conduct which would warrant the security s forfeiture, pursuant to paragraph The tender security shall be denominated in Kenya Shillings or in another freely convertible currency, and shall be in the form of a bank guarantee or a bank draft issued by a reputable bank located in Kenya or abroad, or a guarantee issued by a reputable insurance company in the form provided in the tender documents or another form acceptable to the Agency and valid for thirty (30) days beyond the validity of the tender Any tender not secured in accordance with paragraph and will be rejected by the Agency as non-responsive, pursuant to paragraph Unsuccessful Bidder s tender security will be discharged or returned as promptly as possible but not later than thirty (30) days after the expiration of the period of tender validity prescribed by the Agency The successful Bidder s tender security will be discharged upon the Bidder signing the contract, pursuant to paragraph 2.27 and furnishing the performance security, pursuant to paragraph The tender security may be forfeited: (a) if a Bidder withdraws its tender during the period of tender validity specified by the Agency on the Tender Form; or 10

11 (b) in the case of a successful Bidder, if the Bidder fails: (i) to sign the contract in accordance with paragraph Validity of Tenders Tenders shall remain valid for 90 days or as specified in the Invitation to tender after the date of tender opening prescribed by the Agency, pursuant to paragraph A tender valid for a shorter period shall be rejected by the Agency as nonresponsive. In exceptional circumstances, the Agency may solicit the Bidder 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 Bidder may refuse the request without forfeiting its tender security. A Bidder granting the request will not be required nor permitted to modify its tender Format and Signing of Tender The Bidder 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 The original and all copies of the tender shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the contract. The latter authorization shall be indicated by written power-of-attorney accompanying the tender. All pages of the tender, except for unamended printed literature, shall be initialed by the person or persons signing the tender The tender shall have no interlineations, erasures, or overwriting except as necessary to correct errors made by the Bidder, in which case such corrections shall be initialed by the person or persons signing the tender Sealing and Marking of Tenders The Bidder 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 Agency at the address given in the Invitation to Tender: (b) bear, tender number and name in the Invitation for Tenders and the words, DO NOT OPEN BEFORE, Friday 30 th May, 2014 at 1000 hours. 11

12 The inner envelopes shall also indicate the name and address of the Bidder to enable the tender to be returned unopened in case it is declared late If the outer envelope is not sealed and marked as required by paragraph , the Agency will assume no responsibility for the tender s misplacement or premature opening Deadline for Submission of Tenders Tenders must be received by the Agency no later than Friday 30 th May, 2014 at 1000 hours The Agency 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 Agency and candidates previously subject to the deadline will therefore be subject to the deadline as extended 2.19 Modification and Withdrawal of Tenders The Bidder 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 Agency prior to the deadline prescribed for submission of tenders The Bidder s modification or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent by cable, telex but followed by a signed confirmation copy, postmarked not later than the deadline for submission of tenders No tender may be modified after the deadline for submission of tenders No tender may be withdrawn in the interval between the deadline for submission of tenders and the expiration of the period of tender validity specified by the Bidder on the Tender Form. Withdrawal of a tender during this interval may result in the Bidder s forfeiture of its tender security, pursuant to paragraph The Agency may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination The Agency shall give prompt notice of the termination to the Bidders and on request give its reasons for termination within 14 days of receiving the request from any Bidder. 12

13 2.20 Opening of Tenders The Agency will open all tenders in the presence of Bidders representatives who choose to attend, at The Agency Boardroom, Embankment Plaza, 1 st Floor on Friday 30 th May, 2014 at 1000 hours. The Bidders representatives who are presence shall sign a register evidencing their attendance The Bidders names, tender modifications or withdrawals, tender prices, discounts and the presence or absence of requisite tender security and such other details as the Agency, at its discretion, may consider appropriate, will be announced at the opening The Agency will prepare minutes of the tender opening Clarification of Tenders To assist in the examination, evaluation and comparison of tenders the Agency may, at its discretion, ask the Bidder for a clarification of its tender. The request for clarification and the response shall be in writing, and no change in the prices or substance of the tender shall be sought, offered, or permitted Any effort by the Bidder to influence the Agency in the tender evaluation, tender comparison or contract award decisions may result in the rejection of the Bidders tender Preliminary Examination The Agency will examine the tenders to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the tenders are generally in order Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail, and the total price shall be corrected. If the candidate does not accept the correction of the errors, its tender will be rejected, and its tender security forfeited. If there is a discrepancy between words and figures the amount in words will prevail The Agency may waive any minor informality or non-conformity or irregularity in a tender which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder. 13

14 Prior to the detailed evaluation, pursuant to paragraph 2.23 the Agency 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 Agency s determination of a tender s responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence If a tender is not substantially responsive, it will be rejected by the Agency and may not subsequently be made responsive by the Bidder by correction of the nonconformity Conversion to Single Currency Where other currencies are used, the Agency will convert these currencies to Kenya Shillings using the selling exchange rate on the date of tender closing provided by the Central Bank of Kenya Evaluation and Comparison of Tenders The Agency will evaluate and compare the tenders which have been determined to be substantially responsive, pursuant to paragraph The tender evaluation committee shall evaluate the tender within 30 days of the validity period from the date of opening the tender A Bidder 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 Preference Preference where allowed in the evaluation of tenders shall not exceed 15% 2.26 Contacting the Agency Subject to paragraph 2.21 no Bidder shall contact the Agency on any matter related to its tender, from the time of the tender opening to the time the contract is awarded Any effort by a Bidder to influence the Agency in its decisions on tender, evaluation, tender comparison, or contract award may result in the rejection of the Bidder s tender. 14

15 2.27 Award of Contract (a) Post-qualification In the absence of pre-qualification, the Agency will determine to its satisfaction whether the Bidder that is selected as having submitted the lowest evaluated responsive tender is qualified to perform the contract satisfactorily The determination will take into account the Bidder financial and technical, capabilities. It will be based upon an examination of the documentary evidence of the Bidders qualifications submitted by the Bidder, pursuant to paragraph as well as such other information as the Agency deems necessary and appropriate An affirmative determination will be a prerequisite for award of the contract to the Bidder. A negative determination will result in rejection of the Bidder s tender, in which event the Agency will proceed to the next lowest evaluated tender to make a similar determination of that Bidder s capabilities to perform satisfactorily. (b) Award Criteria The Agency will award the contract to the successful Bidder(s) whose tender has been determined to be substantially responsive and has been determined to be the lowest evaluated tender, provided further that the Bidder is determined to be qualified to perform the contract satisfactorily. (c) Procuring entity s Right to Vary quantities The Agency 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 The Agency 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 Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for its action. 15

16 2.28 Notification of Award Prior to the expiration of the period of tender validity, the Agency will notify the successful Bidder in writing that its tender has been accepted The notification of award will constitute the formation of the Contract but will have to wait until the contract is finally signed by both parties Upon the successful Bidder s furnishing of the performance security pursuant to paragraph 2.28, the Agency will promptly notify each unsuccessful Bidder and will discharge its tender security, pursuant to paragraph Signing of Contract At the same time as the Agency notifies the successful Bidder that its tender has been accepted, the Agency will send the Bidder the Contract Form provided in the tender documents, incorporating all agreements between the parties The parties to the contract shall have it signed within 30 days from the date of notification of contract award unless there is an administrative review request Within thirty (30) days of receipt of the Contract Form, the successful Bidder shall sign and date the contract and return it to the Agency Corrupt or Fraudulent Practices The Agency requires that Bidders observe the highest standard of ethics during the procurement process and execution of contracts when used in the present regulations, the following terms are defined as follows; (i) (ii) corrupt practice means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution; and fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Agency, and includes collusive practice among Bidder (prior to or after tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive the Agency of the benefits of free and open competition; The Agency will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question Further a Bidder who is found to have indulged in corrupt or fraudulent practices risks being debarred from participating in public procurement in Kenya. 16

17 Appendix to Instructions to Bidders The following information regarding the particulars of the tender shall complement supplement or amend the provisions of the instructions to Bidders. Wherever there is a conflict between the provision of the instructions to Bidders and the provisions of the appendix, the provisions of the appendix herein shall prevail over those of the instructions to Bidders INSTRUCTIONS TO BIDDERS REFERENCE PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS All Bidders registered in Kenya and meet the threshold in the Mandatory requirements Kshs. 100,000 in the form of a bank guarantee from a reputable bank or insurance company Friday 30 th May, 2014 at 1000 hours Friday 30 th May, 2014 at 1000 hours Pre Bid Conference Wednesday 7 th May, 2014 at 1000 hours 17

18 SECTION III: GENERAL CONDITIONS OF CONTRACT Table of Clauses Page 3.1 Definitions Application Country of Origin Standards Use of Contract documents and information Patent Rights Inspection and Tests Packing Delivery and documents Insurance Payment Price Assignments Sub contracts Termination for default Liquidated damages Resolution of Disputes Language and law Force Majeure 24 18

19 SECTION III - GENERAL CONDITIONS OF CONTRACT 3.1 Definitions 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 Bidder, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. (b) (c) (d) (e) The Contract Price means the price payable to the Bidder under the Contract for the full and proper performance of its contractual obligations The Goods means all of the equipment, machinery, and/or other materials, which the Bidder is required to supply to the Procuring entity under the Contract. The Procuring Entity means the organization purchasing the Goods under this Contract. The Bidder means the individual or firm supplying the Goods under this Contract. 3.2 Application These General Conditions shall apply in all Contracts made by the Procuring Entity for the procurement of ICT equipments. 3.3 Country of Origin For purposes of this clause, Origin means the place where the Goods were manufactured The origin of Goods and Services is distinct from the nationality of the Bidder 3.4 Standards The Goods supplied under this Contract shall conform to the standards mentioned in the Technical Specifications. 19

20 3.5 Use of Contract Documents and Information The Bidder 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 Bidder in the performance of the Contract The Bidder shall not, without the Procuring entity s prior written consent, make use of any document or information enumerated in paragraph above Any document, other than the Contract itself, enumerated in paragraph shall remain the property of the Procuring entity and shall be returned (all copies) to the Procuring entity on completion of the Bidder s performance under the Contract if so required by the Procuring entity 3.6 Patent Rights The Bidder 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 Inspection and Tests The Procuring entity or its representative shall have the right to inspect and/or to test the goods to confirm their conformity to the Contract specifications. The Procuring entity shall notify the Bidder in writing in a timely manner, of the identity of any representatives retained for these purposes The inspections and tests may be conducted in the premises of the Bidder or its subcontractor(s), at point of delivery, and/or at the Goods final destination If conducted on the premises of the Bidder 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 Should any inspected or tested goods fail to conform to the Specifications, the Procuring entity may reject the equipment, and the Bidder shall either replace the rejected equipment or make alternations necessary to make specification requirements free of costs to the Procuring entity The Procuring entity s right to inspect, test and where necessary, reject the goods after the Goods arrival shall in no way be 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. 20

21 3.7.5 Nothing in paragraph 3.8 shall in any way release the Bidder from any warranty or other obligations under this Contract. 3.8 Packing The Bidder shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract 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 3.9 Delivery and Documents Delivery of the Goods shall be made by the Bidder in accordance with the terms specified by Procuring entity in its Schedule of Requirements and the Special Conditions of Contract 3.10 Insurance The Goods 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 Payment The method and conditions of payment to be made to the Bidder under this Contract shall be specified in Special Conditions of Contract Payments shall be made promptly by the Procuring entity as specified in the contract 3.13 Prices Prices charged by the Bidder for goods delivered and services 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 Bidder in its tender Contract price variations shall not be allowed for contracts not exceeding one year (12 months) Where contract price variation is allowed, the variation shall not exceed 10% of the original contract price. 21

22 Price variation request shall be processed by the Procuring entity within 30 days of receiving the request Assignment The Bidder 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 The Bidder 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 Bidder from any liability or obligation under the Contract 3.16 Termination for default The Procuring entity may, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Bidder, terminate this Contract in whole or in part (a) (b) (c) if the Bidder fails to deliver any or all of the goods within the periods) specified in the Contract, or within any extension thereof granted by the procuring entity. if the Bidder fails to perform any other obligation(s) under the Contract if the Bidder, in the judgment of the Procuring entity has engaged in corrupt or fraudulent practices in competing for or in executing the Contract In the event the Procuring entity terminates the Contract in whole or in part, it may procure, upon such terms and in such manner as it deems appropriate, equipment similar to those undelivered, and the Bidder shall be liable to the procuring entity for any excess costs for such similar goods Liquidated Damages If the Bidder fails to deliver any or all of the goods 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 Bidder may consider termination of the contract. 22

23 3.18 Resolution of Disputes The Procuring entity and the Bidder shall make every effort to resolve amicably by direct informal negotiation and disagreement or dispute arising between them under or in connection with the contract If, after thirty (30) days from the commencement of such informal negotiations both parties have been unable to resolve amicably a contract dispute, either party may require adjudication in an agreed national or international forum, and/or international arbitration Language and Law The language of the contract and the law governing the contract shall be English language and the Laws of Kenya respectively unless otherwise stated Force Majeure The Bidder 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. 23

24 SECTION IV - SPECIAL CONDITIONS OF CONTRACT 4.1. Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there is a conflict, between the GCC and the SCC, the provisions of the SCC herein shall prevail over these in the GCC. 42. Special conditions of contract as relates to the GCC REFERENCE OF GCC SPECIAL CONDITIONS OF CONTRACT Payment shall be made within 30 days of delivery of the goods Disputes shall be resolved through negotiations and where need be then the Kenyan laws shall apply. 24

25 SECTION V - TECHNICAL SPECIFICATIONS 5.1 General These specifications describe the requirements for each of the item as per required specifications. Bidders are requested to submit with their offers the detailed specifications, brochures, catalogues, etc. for the products they intend to supply Bidders must indicate on the specifications sheets whether the equipment offered comply with each specified requirement All the dimensions and capacities of the equipment 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 Agency reserves the right to reject the products, if such deviations shall be found critical to the use and operation of the products The Bidders are requested to present the following information along with their offers as follows: (i) (ii) Shortest possible delivery period of each product Information on warranty as required Note: Product Brochures MUST be provided for each of the product quoted for. 25

26 5.2 PARTICULARS CUSTOMER RELATIONSHIP MANAGEMENT (CRM) SOLUTION KenTrade requires a Customer Relationship Management Solution supplied, installed and commissioned at KENTRADE premises in Nairobi. Implementation of the Customer Relationship Management Solution shall entail: 1. Provision of CRM Solution Software 2. Provision of Middleware that supports CTI and API for integration with other systems including Avaya Contact Centre Solution and ERP 3. Supply and installation of supporting hardware & software. All licensing requirements for software MUST be included in the financial quote. The bidder must have authorization from the CRM Vendor to provide the solution. Any bid that fails to attach this proof will be considered NON RESPONSIVE. Brochures should be provided for evaluation purposes and Bidders MUST respond to ALL the requirements on a clause by clause basis stating clearly how their solution meets the requirements. Post Implementation training of the solution MUST be carried out by the vendor. The technical specifications for the CRM Solution are detailed below and bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements. Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE. 26

27 No. Feature Description Score Bidder response 1. User Authentication The system shall restrict access to only authorized users through authentication functionality where the user will be required to provide valid login credentials. System shall enforce principle of least privilege in restricting access to customer data based on defined criteria e.g. a. Certain users can access data designated to a certain organization/division/unit but cannot be able to modify b. Certain users cannot access data of customer information that is classified under a specified category The system shall provide functionality to keep track of login attempts and an audit trail of login details. The system shall provide functionality to allow user to change password and send to user upon this change The system shall provide functionality to enable resetting of password by owner whenever owner has forgotten it The system shall provide functionality to auto-generate a 2. User and Profile Management 3. System Administration 1 password and send it to user s during password reset The Solution should be designed for 30 users and have the 5 capacity to scale up to 100 users on need basis. The system shall provide functionality for adding new users 1 The system shall have functionality to retrieve internal user 1 details from the HR database in the Enterprise Resource Planning System of Kentrade. The system shall provide functionality to send to newly created users with login credentials The system shall provide functionality to enable management of user details. This management shall include, update of user details, suspension of users. The system shall provide functionality to send to the 1 user once his details have been amended. The system shall provide functionality to create new profile 1 The system shall provide functionality to amend profile 1 The system shall provide functionality to search for user 1 profile The system shall provide functionality to manage profile 1 status The system shall provide functionality for associating a profile 1 with privileges/functions The system shall provide functionality for associating a user 1 to an existing profile. The system shall provide user friendly functionality for 1 adding, viewing and managing static parameters. Such

28 No. Feature Description Score Bidder response parameters include but not limited to password management parameters; password length, password expiry period, number of allowed changes before reuse, password complexity. System shall keep an audit trail of user activity and changes on data. 4. Case/Ticket Management System shall have ability to log service request tickets and assign to specific users or group of users Create & Link Activities/Tasks/Appointments to Tickets - Activities, tasks, and appointments should be linked to an open ticket within the system and then assigned to an individual or team. System shall have ability to reassign service request ticket to a different user if the originally assigned user is unavailable Collaboration - The System shall offer tools for customer-tocustomer collaboration (e.g. communities) on support cases System shall have ability to allow definition of SLA's (The System shall supply sample SLA templates, and also allow users to customize and store their own SLA templates.) for various types of service requests and track the SLA. System shall have ability to escalate a service request if the agreed SLA has been breached System shall have ability to send notification to customers when their service request tickets have been resolved System shall have ability to facilitate the creation of various categories of service requests/issue/case types System shall have ability to provide search capabilities for issues/cases raised System shall have ability to notify Kentrade staff when issues are assigned and/ or escalated to them via alerts System shall have ability to provide both free-text typing and structured forms when capturing issues of the customer System shall have ability to send automatic notifications when activity time is due System shall have ability to automatically allocate a customer issue to relevant personnel based on skills required to address the issue. System shall have ability to keep track of customer calls that are not unattended to by customer care agents System shall maintain history of activities per Ticket. A history of each incident shall be available to designated users. System shall have ability to record data during a customer call. The data can be customer number, name, address, telephone number, fax number and approached System shall have ability to provide templates and workflows

29 No. Feature Description Score Bidder response for resolution of various types of issues System shall have ability to manage confidential information, 1 add comments, close and reopen cases as required. System shall provide flexible case attributes where it will be 2 5. Manage KESWS user registration 6. Case Routing & Escalation Management 7. Billable Time Tracking easy to add and define case fields and values. Currently users submit their details via a registration form on the organization s web portal from where they are fetched and validated for user creation in KESWS. The system shall assign case numbers to user details submitted via the web portal for purposes of tracking, monitoring and reporting on the user creation process. System shall provide customizable escalation management features to ensure high-severity customer tickets are resolved quickly Support multi-criteria routing of escalations with an easy to use/configure rule engine. System shall send alerts on screen and via to the recipient with regard to escalations made. System shall have ability to monitor & track time spent on cases and provides customizable periodic alerts prior to expiry of SLA timelines. 8. Call Management System shall allow users to define categories of call types e.g. 1 as query, request, feedback Call Statistics - The caller, the called, the time, length, subject, 1 and outcome of each in-bound and out-bound call shall be recorded and easily available to specific authorized users. Based on the type of query, system shall automatically 1 populate respective actions Call Recording - In-bound and out-bound sales and customer 1 service call recording shall be initiated from within the CRM System. Auto-Dialing - Out-bound telephone calls should be initiated 1 from within the CRM System. 9. Customer Service System shall provide ability to visualize key customer service 1 Dashboard metrics on a dashboard. 10. Case Monitoring System shall provide the ability to integrate case 1 Tied to SLA management & monitoring with Service Level Agreements. SLA metrics shall be captured and automatically be used to manage cases 11. Knowledge Base The system shall provide searchable knowledge base that will 3 enable Customers, partners and support agents to quickly and easily find access to self-help documents, How-To Guides And Answers To Important Questions. System shall have ability to read from a knowledge base as

30 No. Feature Description Score Bidder response well as allow user to write new knowledge into the knowledge base. 12. Automatic Replies System shall automatically send acknowledgements to incoming from clients Customer Targeting The system shall allow for customer/client segmentation and targeting according to the prescribed attributes Tracking capability System shall have capabilities of end to end tracking of 1 stakeholders System shall have capabilities of milestone tracking Scheduling System shall have capabilities of appointment scheduling 1 capability 18. Forecasting System shall have capabilities of forecasting To-do lists System shall have capabilities for managing to-do lists Customer Satisfaction Surveys 24. Analytical Capabilities 25. Account History and Tracking The System shall have capabilities to conduct online 4 customer satisfaction surveys using proper sampling mechanisms with the option of a client opting out of a survey. The System shall have capabilities of analysing results of 2 surveys conducted and present them in a manner that can easily be understood to enable decision making by management System shall provide simple, user-friendly interface to add 5 account information such as contacts, phone, address, , fax, website, preferences and other account-related details. System shall manage details of all customers 3 System shall ability to prevent duplicates 1 System shall have ability to manage multiple contacts and contact types for a customer. System shall have ability to store and identify customer's preferred mode of communication System shall have ability to use KRA PIN as the unique customer identifier Automatic validation of customer identifier and details based on predefined formats e.g. format of address, telephone numbers e.t.c System shall have ability to designate a customer to a 2 constituency, service zone, geographical region etc. System shall have ability to support privacy and 1 30