REPUBLIC OF KENYA KIAMBU COUNTY GOVERMENT REQUEST FOR PROPOSALS (RFP) FOR PROVISION OF WEBSITE DEVELOPMENT AND MANAGEMENT SERVICES

Transcription

1 REPUBLIC OF KENYA KIAMBU COUNTY GOVERMENT REQUEST FOR PROPOSALS (RFP) FOR PROVISION OF WEBSITE DEVELOPMENT AND MANAGEMENT SERVICES RFP NO KCG/EDU/003/ DATE: 26 TH AUGUST 2015 County Government of Kiambu P.O.Box Kiambu, Kenya Website:

2 TABLE of CONTENTS SECTION I - INVITATION TO TENDER... 4 SECTION II - INSTRUCTIONS TO TENDERERS... 5 APPENDIX TO INSTRUCTIONS TO THE TENDERERS SECTION III - GENERAL CONDITIONS OF CONTRACT SECTION IV- SPECIAL CONDITIONS OF CONTRACT SECTION V - SCHEDULE OF REQUIREMENTS SECTION VI- TECHNICAL SPECIFICATIONS SECTION VII- STANDARD FORMS

3 DISCLAIMER While all reasonable care has been taken in preparing this Request for Proposal (the RFP ), the information contained herein does not purport to be comprehensive or to have been verified by Kiambu County Government, any of its officers, employees, servants, agents, advisors or any other person. Accordingly, neither Kiambu County Government nor any of its officers, agents, servants or advisors accept any liability or responsibility for the adequacy, accuracy or completeness of any of the information or opinions stated herein. Save where expressly stipulated otherwise, no representation or warranty (either express or implied) is or will be given by Kiambu County Government or any of their officers, employees, servants, agents, advisors or any other person in respect of the information or opinions contained herein, or in relation to any briefing notes that may be issued in relation hereto. Kiambu County Government reserves the right to amend, modify or withdraw this RFP or to terminate any of the procedures or requirements during the procurement process in respect of which this RFP has been issued, at any time, without prior notice and without liability to compensate or reimburse any person in relation thereto. The terms and conditions set out in this RFP are stipulated for the express benefit of Kiambu County Government and, save as expressly stated to the contrary, may be waived at Kiambu County Government s discretion at any time. Kiambu County Government reserves the right to adopt any proposal made by any person responding hereto at any time and to include such proposal in any procurement documentation, which may or may not be made available to all other persons responding hereto at any stage of the procurement process, without compensation. Any data contained in this RFP has been prepared for information purposes only. It does not constitute advice and should not be relied on for this purpose. In addition, it does not constitute an offer to enter into any contract with Kiambu County Government and none of the data in this document shall be deemed to form part of any contract between Kiambu County Government and any party. Neither any data nor any opinion contained herein constitutes an offer on behalf of Kiambu County Government to buy or sell any product or service. No Bidder shall have any claim against Kiambu County Government, its officers, employees, servants, agents or advisors arising out of any matter relating to the RFP of any nature whatsoever where such claim is based on any act or omission by Kiambu County Government of any nature whatsoever under any circumstances whatsoever, or such claim is based on the content of or any omission from this RFP of any nature whatsoever

4 DEFINATIONS CGoK - County Government of Kiambu - 3 -

5 SECTION I - INVITATION TO BID Date: 26 th August 2015 RFP NO. KCG/EDU/003/ : PROVISION OF WEBSITE DEVELOPMENT AND MANAGEMENT SERVICES The County Government of Kiambu invites sealed bids from eligible and competent ICT firms specializing in provision of website development and management services. for the Kiambu County Government. The RFP may also be viewed and downloaded from the Kiambu County website: with no charge. A Bidders Briefing Session has been scheduled to take place on 2/09/2015 at 10.00AM at the Chambers, situated on the Ground Floor in Thika subcounty(former Thika Municipal Town Hall), Kenyatta Road, Thika. Bidders are encouraged to attend the Bidders Briefing Session and obtain copies of the RFP prior to attending the Bidders Briefing Session. Prices quoted should be inclusive of all taxes and delivery costs, must be expressed in Kenya Shillings and shall remain valid for a period of 120 days from the closing date of the RFP. Completed RFP are to be closed and sealed in plain envelopes, clearly marked with the bid number KCG/EDU/003/ and bids deposited in the bid box located at First Floor Thika sub county (Former Thika Municipal Town Hall) on or before 9 th September 2015 at 12:00 noon and addressed to: THE COUNTY SECRETARY KIAMBU COUNTY GOVERNMENT P.O.BOX KIAMBU, KENYA. The Bids must be accompanied by a Bid Security of Ksh 500,000 (Five Thousand Kenya Shillings) in form of a bank guarantee from a reputable bank or a letter of credit obtained from an insurance company approved by the Public Procurement Oversight Authority payable to the Kiambu County Government. Bids will be opened immediately thereafter in the presence of the bidders or their representatives who choose to attend at the Town Hall Chambers. The County Government reserves the right to reject any bid without giving reasons for the rejection and does not bind itself to accept the lowest bidder. Fredrick Kitema COUNTY SECRETARY - 4 -

6 SECTION II - INSTRUCTIONS TO BIDDERS 2.1 Eligible Bidders This RFP is open to all bidders eligible as described in the Instructions to Bidders. Successful bidders shall provide the services for the stipulated duration from the date of commencement (hereinafter referred to as the term) specified in the RFP The Kiambu County Government s employees, committee members, board members and their relatives (spouse and children) are not eligible to participate in the bid p u r s u a n t t o Section 33 of the Public Procurement & Disposal Act, Act 3 of 2005 (the Act ) unless where specially allowed under Section 131 thereof 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 Kiambu County Government to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the services under this Request for Proposals Bidders involved in corrupt or fraudulent practices or debarred from participating in public procurement shall not be eligible. 2.2 Cost of bidding The Bidder shall bear all costs associated with the preparation and submission of its bid, and the Kiambu County Government, will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process The RFP shall be available at the county website with no charge The Kiambu County Government shall allow the bidder to review the RFP free of charge. 2.3 Contents of RFP The RFP comprises of the documents listed below and addenda issued in accordance with Clause 5 of these Instructions to Bidders: i) Instructions to Bidders; ii) General Conditions of Contract; iii) Special Conditions of Contract; iv) Schedule of Requirements; v) Technical Specifications; vi) Form of Bid; vii) Price Schedules; - 5 -

7 viii) Contract Form; ix) Confidential Business Questionnaire Form; and x) Bid Security Form The Bidder is expected to examine all instructions, forms, terms and specifications in the RFP. Failure to furnish all information required by the RFP or to submit a bid not substantially responsive to the RFP in every respect will be at the bidders risk and may result in the rejection of its bid. 2.4 Bidders Briefing Session and Clarification of Documents A Bidders Briefing Session has been scheduled to take place on 2 nd September 2015 at 10.00pm at the Chambers, situated at Thika Subcounty (Former Thika Municipal Town Hall), Kenyatta Road, Thika. Bidders are encouraged to attend the Bidders Briefing Session and obtain copies of the RFP prior to attending the Bidders Briefing Session A prospective candidate making inquiries of the RFP may notify Kiambu County Government in writing or by post, fax or at the entity s address indicated in the Request for Proposals. Kiambu County Government will respond in writing to any request for clarification of the RFP, which it receives no later than seven (7) days prior to the deadline for the submission of bids, prescribed by Kiambu County. Written copies of the Procuring entities response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective bidders who have received the RFP Kiambu County Government shall reply to any clarifications sought by the bidder within 3 (three) days of receiving the request to enable the bidder to make timely submission of its bid. All clarification questions shall be circulated to the rest of the bidders Should Kiambu County Government deem it necessary to amend this RFP as a result of a clarification, it shall do so following the procedure outlined hereunder and communicate the same to all bidders. 2.5 Amendment of documents At any time prior to the deadline for submission of bids, Kiambu County Government, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, may modify the RFP by issuing an addendum All prospective bidders who have obtained the RFP will be notified of the amendment by post, fax or and such amendment will be binding on them In order to allow prospective bidders reasonable time in which to take the amendment into account in preparing their bids, Kiambu County Government, at its discretion, may extend the deadline for the submission of bids

8 2.6 Language of bid T h e bid prepared by the bidder, as well as all correspondence and documents relating to the bid exchanged by the bidder and Kiambu County Government, shall be written in English language. Any printed literature furnished by the bidder 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 bid, the English translation shall govern. 2.7 Documents Comprising the Bid The bid prepared by the bidder shall comprise the following components: (a) A Bid Form and a Price Schedule completed in accordance with paragraph 8, 9, 10 below. (b) Documentary evidence established in accordance with Clause 2.11 that the bidder is eligible to bid and is qualified to perform the contract if its bid is accepted; (c) Bid security furnished is in accordance with Clause 2.12 (d) Confidential business questionnaire 2.8 Form of Bid The bidders shall complete the Form of Bid and the appropriate Price Schedule furnished in the RFP, indicating the services to be performed. 2.9 Bid Prices The bidder shall indicate on the Price Schedule the unit prices where applicable and total bid prices of the services it proposes to provide under the contract Prices indicated on the Price Schedule shall be the cost of the goods and/or services quoted including all customs duties and VAT and other taxes payable: Prices quoted by the bidder shall remain fixed during the term of the contract unless otherwise agreed by the parties. A bid submitted with an adjustable price quotation will be treated as non-responsive and will be rejected, pursuant to paragraph 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 Subject to clause above, where a Price Variation is proposed by the Bidder and approved by Kiambu County Government, the Price variation requests shall be processed by the Kiambu County Government within 30 days of approving such request

9 2.10 Bid Currencies Prices shall be quoted in Kenya Shillings only Bidders Eligibility and Qualifications Pursuant to Clause 2.1, the bidder shall furnish, as part of its bid, documents establishing the bidders eligibility to bid and its qualifications to perform the contract if its bid is accepted The documentary evidence of the bidders qualifications to perform the contract if its bid is accepted shall establish to Kiambu County Government s satisfaction that the bidder has the financial and technical capability necessary to perform the contract Bid Security The bidder shall furnish, as part of its bid, a bid security of Ksh 500,000 (Five Thousand Kenya Shillings) The bid security is required to protect Kiambu County Government against the risk of Bidder s conduct which would warrant the security s forfeiture, pursuant to paragraph The bid security shall be payable to the Kiambu County Government and shall be in the form of: a) A bank guarantee from a reputable bank; or b) Such insurance guarantee approved by the Public Procurement Oversight Authority; or c) Letter of credit Any bid not secured in accordance with paragraph and will be rejected by Kiambu County Government as non-responsive, pursuant to paragraph Unsuccessful bidder s security will be discharged or returned as promptly as possible but not later than thirty (30) days after the expiration of the period of bid validity prescribed by the Kiambu County Government The successful bidder s bid security will be discharged upon the bidder signing the contract, pursuant to paragraph 2.26, and furnishing the performance security, pursuant to paragraph The bid security may be forfeited: (a) If a bidder withdraws its bid during the period of bid validity specified by the Kiambu County Government on the Bid Form; or (b) In the case of a successful bidder, if the bidder fails: - 8 -

10 (i) To sign the contract in accordance with paragraph 2.26; or (ii) To furnish performance security in accordance with paragraph 2.27; or (c) If a Bidder rejects the correction of the contents of its bid pursuant to paragraph Validity of Bids Bids shall remain valid for 120 days or as specified in the invitation to bid after date of bid opening prescribed by Kiambu County Government, pursuant to paragraph A bid valid for a shorter period shall be rejected by Kiambu County Government as non-responsive In exceptional circumstances, Kiambu County Government 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 bid security provided under paragraph 2.12 shall also be suitably extended. A bidder may refuse the request without forfeiting its bid security. A bidder granting the request will not be required nor permitted to modify its bid Format and Signing of Bid The bidder shall prepare two (2) copies of the bid, clearly / marking each ORIGINAL RFP and COPY OF RFP, as appropriate. In the event of any discrepancy between them, the original shall govern The original and all copies of the bid 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. All pages of the bid, except for un amended printed literature, shall be initialed by the person or persons signing the bid The bid 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 bid Sealing and Marking of Bids The bidder shall seal the original and each copy of the bid 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) (b) Be addressed to Kiambu County Government at the address given in the invitation to bid Bear, bid number and name in the invitation to bid and the words: DO NOT OPEN BEFORE 9 th September 2015 AT noon The inner envelopes shall also indicate the name and address of the bidder to enable the bid - 9 -

11 to be returned unopened in case it is declared late If the outer envelope is not sealed and marked as required by paragraph , Kiambu County Government will assume no responsibility for the bid s misplacement or premature opening Deadline for Submission of Bids Bids must be received by Kiambu County Government at the address specified under paragraph no later than 9 th September 2015 at (noon) The Kiambu County Government may, at its discretion, extend this deadline for the submission of bids by amending the RFP in accordance with paragraph 2.5, in which case all rights and obligations of the Kiambu County Government and candidates previously subject to the deadline will thereafter be subject to the deadline as extended Bulky bids which will not fit in the bid box shall be received by the Kiambu County Government as provided for in the appendix Modification and withdrawal of bids The bidder may modify or withdraw its bid after the bid s submission, provided that written notice of the modification, including substitution or withdrawal of the bid s is received by the Kiambu County Government prior to the deadline prescribed for the submission of bids 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, but followed by a signed confirmation copy, postmarked not later than the deadline for submission of bids No bid may be modified after the deadline for submission of bids No bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the bidder on the Bid Form. Withdrawal of a bid during this interval may result in the Bidder s forfeiture of its bid security, pursuant to paragraph The Kiambu County Government may, at its discretion, at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination The Kiambu County Government 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 Opening of Bids

12 The Kiambu County Government will open all bids, in the presence of bidders representatives who choose to attend, immediately after the deadline for submission of the bids and in any event, no later than 2 nd September 2015 at 12:00 noon in the Town Council Chambers located on the Ground Floor, Kiambu County Government Offices, (Former Thika Municipal Town Hall), Kenyatta Road, Thika. The bidders representatives who are present shall sign a register evidencing their attendance The bidders names, bid modifications or withdrawals, bid prices, discounts, and the presence or absence of requisite bid security and such other details as the Kiambu County Government, at its discretion, may consider appropriate, will be announced at the opening The Kiambu County Government will prepare minutes of the bid opening which will be submitted to the bidders that signed the bid opening register and will have made the request Clarification of bids To assist in the examination, evaluation and comparison of bids the Kiambu County Government may at its discretion, ask the bidder for a clarification of its bid. The request for clarification and the response shall be in writing, and no change in the prices or substance shall be sought, offered, or permitted Any effort by the bidder to influence the Kiambu County Government in the Kiambu County Government s bid evaluation, bid comparison or contract award decisions may result in the rejection of the bidders bid Preliminary Examination and Responsiveness The Kiambu County Government will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required securities have been furnished whether the documents have been properly signed, and whether the bids 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 bid will be rejected, and its bid security may be forfeited. If there is a discrepancy between words and figures, the amount in words will prevail The Kiambu County Government may waive any minor informality or nonconformity or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any bidder Prior to the detailed evaluation, pursuant to paragraph 22, the Procuring entity will determine the substantial responsiveness of each bid to the RFP. For purposes of these paragraphs, a substantially responsive bid is one which conforms to all the terms and conditions of the RFP without material deviations. The Kiambu County Government s determination of a bid s responsiveness is to be based on the contents of the bid itself

13 without recourse to extrinsic evidence If a bid is not substantially responsive, it will be rejected by Kiambu County Government and may not subsequently be made responsive by the bidder by correction of the nonconformity Conversion to a single currency Where other currencies are used, the Kiambu County Government will convert those currencies to Kenya shillings using the selling exchange rate on the date of bid closing provided by the Central Bank of Kenya which rate the Bidder shall not be entitled to contest Evaluation and comparison of bids The Kiambu County Government will evaluate and compare the bids which have been determined to be substantially responsive, pursuant to paragraph The comparison shall be of the price including all costs as well as duties and taxes payable on all the materials to be used in the provision of the services The Kiambu County Government s evaluation of a bid will take into account, in addition to the bid price, the following factors, in the manner and to the extent indicated in paragraph and in the technical specifications: (a) (b) Operational plan proposed in the bid; Deviations in payment schedule from that specified in the Special Conditions of Contract; Pursuant to paragraph 22.3 the following evaluation methods will be applied: (a) Operational Plan. The Kiambu County Government requires that the services under the Invitation for Bids shall be performed at the time specified in the Schedule of Requirements. Bids offering to perform longer than the Kiambu County Government s required delivery time will be treated as non- responsive and rejected. (b) Deviation in payment schedule. Bidders shall state their bid price for the payment on a schedule outlined in the special conditions of contract. Bids will be evaluated on the basis of this base price. Bidders are, however, permitted to state an alternative payment schedule and indicate the reduction in bid price they wish to offer for such alternative payment schedule. The Kiambu County Government may consider the alternative payment schedule offered by the selected bidder

14 The bid evaluation committee shall evaluate the bid within 30 days from the date of opening the bid To qualify for contract awards, the bidder shall have the following:- (a) (b) (c) (d) Necessary qualifications, capability experience, services, equipment and facilities to provide what is being procured. Legal capacity to enter into a contract for procurement; Shall not be insolvent, in receivership, bankrupt or in the process of being wound up and is not the subject of legal proceedings relating to the foregoing; and Shall not have been barred from participating in public procurement Contacting the Kiambu County Government Subject to paragraph 2.19, no bidder shall contact the Kiambu County Government on any matter relating to its bid, from the time of the bid opening to the time the contract is awarded Any effort by a bidder to influence the Kiambu County Government in its decisions on bid evaluation, bid comparison or contract award may result in the rejection of the bidders bid Award of Contract a) Post qualification In the absence of pre-qualification, Kiambu County Government will determine to its satisfaction whether the bidder that is selected as having submitted the lowest evaluated responsive bid is qualified to perform the contract satisfactorily The determination will take into account the bidder s 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 2.1.2, as well as such other information as Kiambu County Government 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 bid, in which event Kiambu County Government will proceed to the next lowest evaluated bid to make a similar determination of that Bidder s capabilities to perform satisfactorily. b) Award Criteria Subject to paragraph 2.22 Kiambu County Government will award the contract to the successful bidder(s) whose:

15 (a) bid has been determined to be substantially responsive; (b) bid has been determined to be the lowest evaluated bid; (c) Website proposal has been evaluated as the most suitable for the County and the bidder has demonstrated satisfactorily its ability to redesign and develop the website as further described in Section 6 below The Kiambu County Government reserves the right to accept or reject any bid and to annul the bidding process and reject all bids 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 the Kiambu County Government s action. If the Kiambu County Government determines that none of the bidders is responsive; the Kiambu County Government shall notify each bidder who submitted a bid A bidder who gives false information in the RFP 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 Notification of award Prior to the expiration of the period of bid validity, Kiambu County Government will notify the successful bidder in writing that its bid has been accepted The notification of award will signify the commencement of contract negotiations between the successful bidder and the Kiambu County Government subject to the signing of the contract between the two entities pursuant to clause Simultaneously the other bidders shall be notified that their bids have not been successful Upon the successful Bidder s furnishing of the performance security pursuant to paragraph 2.27, Kiambu County Government will promptly notify each unsuccessful Bidder and will discharge its bid security, pursuant to paragraph Signing of Contract Within fourteen (14) days of receipt of the Contract Form, the successful bidder shall sign and date the contract and return it to Kiambu County Government The parties to the contract shall use their best endeavors to execute the contract within 30 days from the date of notification of contract award unless there is an administrative review request Performance Security Within thirty (30) days of the receipt of notification of award from Kiambu County

16 Government, the successful bidder shall furnish the performance security in accordance with the Conditions of Contract, in the Performance Security Form provided in the RFP, or in another form acceptable to Kiambu County Government Failure of the successful bidder to comply with the requirement of paragraph 2.26 or paragraph shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which event Kiambu County Government shall be entitled to make the award to the second qualified bidder or call for new bids Corrupt or Fraudulent Practices The Kiambu County Government requires that bidders observe the highest standard of ethics during the procurement process and execution of contracts. A bidder shall sign a declaration that he has not and will not be involved in corrupt or fraudulent practices The Kiambu County Government 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

17 APPENDIX TO INSTRUCTIONS TO THE TENDERERS The following information for procurement of services shall complement or amend the provisions of the instructions to bidders. Wherever there is a conflict between the provisions 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 bidders to Particulars of appendix to instructions to bidders 2.1 Particulars of eligible bidders: ICT firms specializing in provision of website development and management services. Firms that have ICT Projects with Kiambu County that are behind schedule or have not been fully paid for because of unsatisfactory performance are not eligible and shall not be considered for award No charges will be applicable for all Bid documents are downloadable online Bid Prices: Bidders should indicate the total cost(s) required to complete the Assignment as per the detailed specifications Particulars of other currencies allowed. None Particulars of bid security if applicable. Kshs. 500,000 valid for an additional thirty (30)days after the expiry of the bid validity period Form of Bid Security: The Bid Security shall be in the form of a Guarantee from a reputable bank or an insurance company approved by The Public Procurement Oversight Authority (PPOA) Validity of Bids: Bids Shall remain valid for 120 days after date of bid opening unless otherwise extended in writing on the Kiambu County Government s request Bulky bids which do not fit in the bid box shall be delivered to the Procurement Office Room 15B

18 Bidders are required to submit copies of the following MANDATORY DOCUMENTS which will be used during Preliminary Examination to determine responsiveness: 1) Copy of certificate of Registration/Incorporation 2) Copy of Valid Tax Compliance certificate compatible with itax 3) Must Fill the Price Schedule in the format provider 4) Must Fill the Form of Bid in the format provided 5) Must Submit a Bid Security of Kshs. 500,000 valid for an additional thirty (30) days after the expiry of the bid validity period. 6) Must submit a dully filled up Confidential Business Questionnaire in format provided 7) Must submit copies of Audited accounts for 2013 & 2014 and must have a turnover of not less than Kshs. 5 Million. 8) Proven Physical location of the company/firm (attached evidence e.g. title deed, lease agreements or utility bills) 9) A valid current CR12 form 10) Valid direct manufacturers/developer authorization letter/certificate if not the manufacturer/developer or Proof of ownership if the bidder is the manufacturer e.g. patent registration/copyright/ intellectual property. 11) Site Visit Certificate signed by the Station/department Head or his appointed nominee. At this stage, the bidder s submission will either be responsive or nonresponsive. The non-responsive submissions will be eliminated from the entire evaluation process and will not be considered further

19 Instructios Particulars of appendix to instructions to bidders to bidders 22 Evaluation and comparison of Bids: The following evaluation criteria shall be applied not withstanding any other requirement in the RFP. Selection Process Below is a description of the evaluation steps that will be adopted. STEP 1: Preliminary evaluation This will be an elimination stage which will be done as per paragraph above. STEP 2: Technical evaluation Technical evaluation shall be based on the stated specific technical requirements of the system and capacity of the bidder to supply and will be undertaken as per the requirements given in Section V Technical Specifications. The bids will be technically evaluated and marks awarded as stipulated in SECTION TECHNICAL EVALUATION RESPONSE FORM The technical responses will be marked out of 100 to arrive at the technical score (St)and the minimum technical score required to proceed to financial evaluation is 75. Bidders who fail to secure the minimum technical score will be eliminated from the entire evaluation process and will not be considered further. STEP 3: Financial Evaluation The financial evaluation shall be undertaken as follows:- Sf = 100 X FM /F where Sf is the financial score; Fm is the lowest priced financial proposal and F is the price of the proposal under consideration STEP 4: Combined Technical and Financial Scores Bidders will be ranked according to their combined technical (St) and financial (Sf) scores using the weights (T=the weight given to the Technical Proposal: P= the weight given to the Financial Proposal; T + p = I) indicated in below. The combined technical and financial score, S, is calculated as follows:-s = St x T % + Sfx P %. The weights given to the Technical and Financial Proposals are: T= 0.80 (80%) P= 0.20 (20%) T + P = 1 (100%)

20 Instructions to bidders Particulars of appendix to instructions to bidders 2.24 (a) Particulars of post qualification if applicable. Kiambu County may carry out post qualification and inspect the premises to confirm details Award Criteria: TENDERERS ARE ADVISED TO CLEARLY READ AND UNDERSTAND THE INSTRUCTIONS BELOW AS THEY WILL FORM PART OF THE BASIS OF AWARD (i) Award will be made to the Bidder with the highest technical score and best financial score Particulars of performance security if applicable. 10% of the Contract sum in the form of a Bank guarantee to remain valid for the duration of the contract. Other s as necessary A pre-bid meeting will be held on 2 nd September 2015 at 10:00 am at the Chambers situated on the ground floor Thika Subcounty (Former Thika Municipal Town Hall) on Kenyatta Road, Thika

21 SECTION III Definitions GENERAL CONDITIONS OF CONTRACT In this contract the following terms shall be interpreted as indicated: i. The contract means the agreement entered into between Kiambu County Government 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. ii. iii. iv. The Contract Price means the price payable to the bidder under the Contract for the full and proper performance of its contractual obligations. The services means services to be provided by the contractor including materials and incidentals which the bidder is required to provide to Kiambu County Government under the Contract. The Kiambu County Government means the organization sourcing for the services under this 1. Contract Application v. The contractor means the individual or firm providing the services under this 1. Contract. vi. GCC means general conditions of contract contained in this section g) SCC means the special conditions of contract vii. Day means calendar day These General Conditions shall apply to the extent that they are not superseded by provisions of other part of contract Standards The services provided under this Contract shall conform to the 7 standards mentioned in the Schedule of requirements 3.4. Patent Right s The bidder shall indemnify Kiambu County Government against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the services under the contract or any part thereof

22 3.5. Performance Security Within twenty eight (28) days of receipt of the notification of Contract award, the successful bidder shall furnish to Kiambu County Government the performance security where applicable in the amount specified in Special Conditions of Contract The proceeds of the performance security shall be payable to Kiambu County Government as compensation for any loss resulting from the Bidder s failure to complete its obligations under the Contract The performance security shall be denominated in the currency of the Contract, or in a freely convertible currency acceptable to Kiambu County Government and shall be in the form of: a) Cash; b) A bank guarantee; c) Such insurance guarantee approved by the Authority; or d) Letter of credit The performance security will be discharged by the Kiambu County Government and returned to the candidate not later than thirty (30) days following the date of completion of the bidder s performance of obligations under the contract, including any warranty obligations under the contract Inspections and Tests The Kiambu County Government or its representative shall have the right to inspect and/or to test the services to confirm their conformity to the Contract specifications. The Kiambu County Government 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 on the premises of the bidder or its subcontractor(s). 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 Kiambu County Government Should any inspected or tested services fail to conform to the Specifications, Kiambu County Government may reject the services, and the bidder shall either replace the rejected services or make alterations necessary to meet specification requirements free of cost to Kiambu County Government Nothing in paragraph 3.7 shall in any way release the bidder from any warranty or other obligations under this Contract Payment

23 The method and conditions of payment to be made to the bidder under this Contract shall be specified in SCC 3.8. Prices Prices charged by the contractor for services performed under the Contract shall not, with the exception of any Price adjustments authorized in SCC, vary from the prices by the bidder in its bid or in the Kiambu County Government s request for bid validity extension as the case may be. No variation in or modification to the terms of the contract shall be made except by written amendment signed by the parties Assignment The bidder shall not assign, in whole or in part, its obligations to perform under this contract, except with the Kiambu County Government s prior written consent Termination for Default The Kiambu County Government 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: 4.1.a a a.3. if the bidder fails to provide any or all of the services within the period(s) specified in the Contract, or within any extension thereof granted by Kiambu County Government. if the bidder fails to perform any other obligation(s) under the Contract. if the bidder, in the judgment of Kiambu County Government has engaged in corrupt or fraudulent practices in competing for or in executing the Contract In the event Kiambu County Government terminates the Contract in whole or in part, it may procure, upon such terms and in such manner as it deems appropriate, services similar to those undelivered, and the bidder shall be liable to Kiambu County Government for any excess costs for such similar services Termination on insolvency The Kiambu County Government may at the anytime terminate the contract by giving written notice to the contractor if the contractor becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the contractor, provided that such termination will not produce or affect any right of action or remedy, which has accrued or will accrue thereafter to the Kiambu County Government

24 3.12. Termination for convenience The Kiambu County Government by written notice sent to the contractor may terminate the contract in whole or in part, at any time for its convenience. The notice of termination shall specify that the termination is for the Kiambu County Governments convenience, the extent to which performance of the contractor of the contract is terminated and the date on which such termination becomes effective For the remaining part of the contract after termination the Kiambu County Government may elect to cancel the services and pay to the contractor on agreed amount for partially completed services Resolution of disputes The Kiambu County Government and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract If after thirty (30) days from the commencement of such informal negotiations both parties have been unable to resolve amicably a contract dispute either party may require that the dispute be referred for resolution to the formal mechanisms specified in the SCC Governing Language The contract shall be written in the English language. All correspondence and other documents pertaining to the contract, which are exchanged by the parties, shall be written in the same language Force Majeure The contractor shall not be liable for forfeiture of its performance security, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure Applicable Law The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC Notices Any notices given by one party to the other pursuant to this contract shall be sent to the other party by post or by fax or and confirmed in writing to the other party s address specified in the SCC

25 A notice shall be effective when delivered or on the notices effective date, whichever is later

26 SECTION IV - SPECIAL CONDITIONS OF CONTRACT 4.1. Special conditions of contract shall supplement the general conditions of contract, wherever there is a conflict between the GCC and the SCC, the provisions of the SCC herein shall prevail over those in the GCC Special conditions of contract with reference to the general conditions of contract. General conditions of contract reference Special conditions of contract 3.5 Specify performance security if applicable: N/A 3.7 Specify method Payments. Method of payments will be agreed on depending on identifiable milestones and percentages of project completed but shall not be more than four (4) installments. The final payment shall be after commissioning and acceptance and shall not be less than 10% of the contract sum. Any advance payment shall be against a Bank Guarantee of a similar amount and shall not exceed 60% of the contract sum. 3.8 Specify price adjustments allowed. None 3.14 Payments Specify resolution shall be made of disputes. within Disputes 30 days upon to be receipt settled of as per the Invoice(s). Arbitration Laws of Kenya as applicable and amended from time to time 3.16 Specify applicable law. Laws of Kenya 3.17 Indicate addresses of both parties. Client: County Government of Kiambu P. O. Box Kiambu Other s as Necessary Complete as necessary

27 SECTION V - SCHEDULE OF REQUIREMENTS 5.1 General County Government of Kiambu (CGoK) intends to re-design, its website and social media pages i.e. twitter, Facebook etc The purpose of this RFP is to provide a functional specification for re-designing and developing the CGoK website including capacity development and Terms of Reference All components necessary to perform this contract will be provided by the contractor. 5.2 Technical Proposal Bidders shall submit offers that comply with the requirements of the bidding documents. Bidders wishing to offer technical alternatives to the requirements of the bidding documents must also submit a bid that complies with the requirements of the bidding documents, including the basic technical design as indicated. In addition to submitting the basic bid, the bidder shall provide all information necessary for a complete evaluation of the alternative, including technical specifications, breakdown of prices, proposed execution methods and other relevant details. Only the best technical solution conforming to the basic technical requirements shall be considered The County Government of Kiambu reserves the right to accept or reject any variation, deviation, or alternative technical proposal. Variations, deviations, and alternative technical proposals which are in excess of the requirements of the bid documents or otherwise result in unsolicited benefits for the CGoK will not be taken into account in bid evaluation The technical proposal must contain the following: o Details of the technical specification and performance characteristics of the system/service to be provided by the contractor o The bidder s proposed methodology for implementation including a draft implementation Schedule in the form of a chart. o Details of experience and past performance of the bidder on the works of a

28 similar nature within the past two years and details of current work on hand and other contractual commitments. o Qualifications and experience of key personnel proposed for administration and execution of the contract, both on and off site. Additional information deemed appropriate may be provided The County Government of Kiambu intends to: (i) (ii) (iii) (iv) Create departmental informative website pages Create a diaspora information desk Create an investment portal Create departmental twitter and Facebook presence Bidders are advised to clearly read and fully respond to the technical specifications

29 SECTION VI - TECHNICAL SPECIFICATIONS KIAMBU COUNTY BACKGROUND Following the passing of the 2010 Constitution of Kenya the Counties of Kenya came into being and are geographical units of the deveolved government. The powers are provided in Articles 191 and 192, and in the Fourth Schedule of the Constitution of Kenya and the County Governments Act of Kiambu County is a former administrative district in the old Central Province of Kenya, comprising 12 constituencies and 60 county assembly wards. Adjacent to the northern border of Nairobi and with a population of 1,623,282 (Census, 2009), Kiambu county is fast emerging into a popular cosmopolitan hub, with some of its urban centres like Kikuyu, Limuru, Ruiru and Thika, providing excellent commercial opportunities to both Kiambu residents and non-residents. Vision: Success and prosperity for everyone in a safe and harmonious County Mission: Make Kiambu County the best County in which to grow, live and work As part of the Kiambu County restructuring its technologies to align it with County Government needs and strategies, the County requires an online presence that will complement the publicity efforts undertaken through advertisements and other means. A functional website is the backbone of the CGoK This is an investment that we will continuously upgrade and use overtime to market and recommend County Government of Kiambu to potential stakeholders The core objectives for County Government of Kiambu website are as follows: To give County Government of Kiambu online presence and a brand theme across online media outlets (Website and Social Media). To make available information about County Government of Kiambu and the services offered. This information cannot comprehensively be provided in an advert and an advert should serve the responsibility of directing potential clients to the website for action. To serve as a platform to engage the stakeholders of County Government of Kiambu

30 through client direct requests and User Generated Content (USG). A marketing tool for the prospective investors The web development and its management is essential for maintaining transparency and accountability of the county.the processes involved in each and every aspect of the county will be disseminated to all the stakeholders To achieve the foregoing objectives the county must ensure that it has strong, consistent and positive image which can be achieved through a well maintained website. In keeping with the thrust of improving the visibility of the organization CGoK will require a vibrant and up to date website. The website will serve as a formal communication channel and information resource for the stakeholders and the entire public Objectives: Redesign of the CGK web page for better disseminations of information. The portal will give information about the project and its activities, partners, key stakeholders and other information. Monthly/quarterly updating of data, based on need. Ensure accountability and transparency for the county s related activities for all its stakeholders. The contracted agency should carry out an audit, future proof and benchmark with the industry best websites and recommend to the county Upon completion of the development of the site CGOK will assume full responsibility for the web site. A Service Level Agreement approach is however recommended as the best way forward in as far as maintenance of the same is concerned. All content, coding and graphics will become the sole property of the CGOK. Content Quality i. Site to deliver relevant, high quality content ii. Attractive use of all forms media i.e blogs, videos, photos etc. iii. Appropriate amount of information iv. Timely and current information