TENDER DOCUMENT FOR SUPPLY, IMPLEMENTATION AND COMMISSIONING OF AN ENTERPRISE RESOURSE PLANNING (ERP) SOLUTION KRA/HQS/ICB-001/

Transcription

1 TENDER DOCUMENT FOR SUPPLY, IMPLEMENTATION AND COMMISSIONING OF AN ENTERPRISE RESOURSE PLANNING (ERP) SOLUTION KRA/HQS/ICB-001/ TIMES TOWER BUILDING P.O. BOX TEL: FAX: NAIROBI, KENYA. AUGUST

2 TABLE OF CONTENTS PAGE SECTION I INVITATION TO TENDER SECTION II INSTRUCTIONS TO TENDERERS Appendix to Instructions to Tenderers SECTION III GENERAL CONDITIONS OF CONTRACT SECTION IV SPECIAL CONDITIONS OF CONTRACT.. 22 SECTION V TECHNICAL SPECIFICATIONS SECTION VI SCHEDULE OF REQUIREMENTS SECTION VII PRICE SCHEDULE FOR GOODS SECTION VIII STANDARD FORMS FORM OF TENDER CONFIDENTIAL BUSINESS QUESTIONNAIRES FORMS CONTRACT FORM PERFORMANCE SECURITY FORM BANK GUARANTEE FOR ADVANCE PAYMENT FORM MANUFACTURER S AUTHORIZATION FORM LETTER OF NOTIFICATION Page 2 of 61

3 SECTION I INVITATION TO TENDER DATE TENDER REF NO. KRA/HQS/ICB-001/ TENDER NAME: Supply, Implementation and Commissioning of an Enterprise Resource Planning Solution for Kenya Revenue Authority 1.1 The Kenya Revenue Authority invites sealed bids from eligible candidates for the Supply, Implementation and Commissioning of an Enterprise Resource Planning Solution for Kenya Revenue Authority. 1.2 Interested eligible candidates may obtain further information from and inspect the tender documents at the Kenya Revenue Authority, Procurement & Supplies Services Division, Haile Selassie Avenue, Times Tower, 25 th Floor during normal working hours. 1.3 Completed tender documents are to be enclosed in plain sealed envelopes marked with tender reference number and be deposited in the Tender Box on Ground Floor, Times Tower Building, Haile Selassie Avenue, Nairobi, or be addressed to Kenya Revenue Authority, Procurement & Supplies Services Division, Haile Selassie Avenue, Times Tower, 25 th Floor so as to be received on or before Wednesday, 30 th September, 2015, at 12:00 noon. Bidders shall attend a pre-bid briefing in Times Tower on 16 th September, Prices quoted should be inclusive of all taxes and delivery cost, must be in Kenya Shillings or any other freely convertible currency and shall remain valid for 120 days from the closing date of the tender. 1.5 Tenders will be opened immediately thereafter in the presence of the Candidates or their representatives who choose to attend at the Convention Centre on 5 th Floor, Times Tower. For: Commissioner General Kenya Revenue Authority 3

4 SECTION II - INSTRUCTIONS TO TENDERERS Table of Clauses Page 2.1 Eligible Tenderers 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 Tenderers Eligibility and Qualifications Goods Eligibility and conformity to Tender Documents 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 Preference Contacting the Procuring Entity Award of Contract.. 12 (a) Post qualification.. 12 (b) Award criteria. 12 (c) Procuring Entity s Right to Vary Quantities.. 12 (d) Procuring entity s Right to Accept or Reject any or all Tenders Notification of Award Signing of Contract Performance Security Corrupt or Fraudulent Practices.. 13 Page 4 of 61

5 SECTION II - INSTRUCTIONS TO TENDERERS 2.1 Eligible Tenderers This Invitation for Tenders is open to all tenderers eligible as described in the Invitation to Tender. Successful tenderers shall complete the supply, delivery, installation, implementation and commissioning of the solution by the intended completion date specified in the Schedule of Requirements Section VI The Kenya Revenue Authority s employees, committee members, board members and their relative (spouse and children) are not eligible to participate in the tender Tenderers shall provide the qualification information statement that the tenderer (including all members of a joint venture and subcontractors) is not associated, or have been associated in the past, directly or indirectly, with a firm or any of its affiliates which have been engaged by the Kenya Revenue Authority (KRA) 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 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices. 2.2 Eligible Goods/Solutions All solutions 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/solutions are mined, grown, or produced. Goods/solutions 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/solutions is distinct from the nationality of the tenderer. 2.3 Cost of Tendering The Tenderer shall bear all costs associated with the preparation and submission of its tender, and the KRA, will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process The price to be charged for the tender document shall not exceed Kshs.1,000/= (Documents downloaded will not be charged). All firms found capable of performing the contract satisfactorily in accordance to the set prequalification criteria shall be prequalified. 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 Tenderers Page 5 of 61

6 (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) Invitation to Tender Instructions to tenderers General Conditions of Contract Special Conditions of Contract Schedule of requirements Technical Specifications Tender Form and Price Schedules Contract Form Performance Security Form Bank Guarantee for Advance Payment Form Manufacturer s Authorization Form Confidential Business Questionnaire Anti-corruption Affidavit The Tenderer is expected to examine all instructions, forms, terms, and specifications in the tender documents. Failure to furnish all information required by the tender documents or to submit a tender not substantially responsive to the tender documents in every respect will be at the tenderers risk and may result in the rejection of its tender. 2.5 Clarification of Documents A prospective tenderer requiring any clarification of the tender document may notify the Procuring entity in writing or by post at the entity s address indicated in the Invitation to Tender. The Procuring entity will respond in writing to any request for clarification of the tender documents, which it receives not later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the procuring entity. Written copies of the KRA s response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective tenderers that have received the tender document The procuring entity shall reply to any clarifications sought by the tenderer within 3 days of receiving the request to enable the tenderer to make timely submission of its tender. 2.6 Amendment of Documents At any time prior to the deadline for submission of tenders, the Procuring entity, for any reason, whether at its own initiative or in response to a clarification requested by a prospective tenderer, may modify the tender documents by 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 In order to allow prospective tenderers reasonable time in which to take the amendment into account in preparing their tenders, the KRA, at its discretion, may extend the deadline for the submission of tenders. 2.7 Language of Tender The tender prepared by the tenderer, as well as all correspondence and documents relating to the tender exchange by the tenderer and the KRA, shall be written in English language, provided that any printed literature furnished by the tenderer may Page 6 of 61

7 be written in another language provided they are accompanied by an accurate English translation of the relevant passages in which case, for purposes of interpretation of the tender, the English translation shall govern. 2.8 Documents Comprising of Tender The tender prepared by the tenderers shall comprise the following components: (a) (b) (c) 2.9 Tender Forms a Tender Form and a Price Schedule completed in accordance with paragraph 2.9, 2.10 and 2.11 below; documentary evidence established in accordance with paragraph that the tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted; documentary evidence established in accordance with paragraph that the goods and ancillary services to be supplied by the tenderer are eligible goods and services and conform to the tender documents; and (d) tender security furnished in accordance with paragraph The tenderer 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 tenderer 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 KRA 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 The validity period of the tender shall be 60 days from the date of opening of the tender Tender Currencies Prices shall be quoted in US dollars or any other internationally convertible currency unless otherwise specified in the Appendix to Instructions to Tenderers Tenderers Eligibility and Qualifications Pursuant to paragraph 2.1 the tenderer shall furnish, as part of its tender, documents establishing the tenderers eligibility to tender and its qualifications to perform the contract if its tender is accepted The documentary evidence of the tenderers eligibility to tender shall establish to the KRA s satisfaction that the tenderer, at the Page 7 of 61

8 time of submission of its tender, is from an eligible source country as defined under paragraph The documentary evidence of the tenderers qualifications to perform the contract if its tender is accepted shall be established to the KRA s satisfaction; (a) (b) (c) that, in the case of a tenderer offering to supply goods under the contract which the tenderer did not manufacture or otherwise produce, the tenderer has been duly authorized by the goods Manufacturer or producer to supply the goods; that the tenderer has the financial, technical, and production capability necessary to perform the contract; and that, in the case of a tenderer not doing business within Kenya, the tenderer is or will be (if awarded the contract) represented by an Agent in Kenya equipped, and able to carry out the Tenderer s maintenance, repair, and spare parts-stocking obligations prescribed in the Conditions of Contract and/or Technical Specifications Solutions Eligibility and Conformity to Tender Documents Pursuant to paragraph 2.2 of this section, the tenderer shall furnish, as part of its tender documents establishing the eligibility and conformity to the tender documents of all goods which the tenderer proposes to supply under the contract The documentary evidence of the eligibility of the goods/solutions shall consist of a statement in the Price Schedule of the country of origin of the goods, solutions 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) (b) (c) a detailed description of the essential technical and performance characteristic of the solutions; a list giving full particulars, including available source and current prices of solution components, special tools, etc., necessary for the proper and continuing functioning of the solutions and system following commissioning of the system by the KRA; and a clause-by-clause detailed response on the KRA s Technical Specifications demonstrating substantial responsiveness of the goods/solutions 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 tenderer 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 tenderer Page 8 of 61

9 2.15 Validity of Tenders 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 Tenders shall remain valid for 120 days or as specified in the Invitation to Tender after the date of tender opening prescribed by the KRA, pursuant to paragraph A tender valid for a shorter period shall be rejected by the KRA as non- responsive In exceptional circumstances, the KRA may solicit the Tenderer s consent to an extension of the period of validity. The request and the responses thereto shall be made in writing. The tender security provided under paragraph 2.14 shall also be suitably extended. A tenderer may refuse the request without forfeiting its tender security. A tenderer granting the request will not be required nor permitted to modify its tender 2.16 Format and Signing of Tender The bidder shall prepare three copies of the tender, clearly marking each ORIGINAL TENDER, COPY OF TENDER AND AN EDITABLE WORD/PDF ELECTRONIC CD, 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 tenderer or a person or persons duly authorized to bind the tenderer to the contract. All pages of the tender, except for un-amended printed literature, shall be initialed by the person or persons authorized to sign the tender The tender shall have no interlineations, erasures, or overwriting except as necessary to correct errors made by the tenderer, in which case such corrections shall be initialed by the person or persons signing the tender Sealing and Marking of Tenders The Tenderer shall seal the original and each copy of the tender in separate envelopes, duly marking the envelopes as ORIGINAL, COPY AND ELECTRONIC COPY The envelopes shall then be sealed All the envelopes shall: (a) (b) be addressed to the KRA at the address given in the Invitation to Tender: bear tender number and name in the Invitation for Tenders and the words, DO NOT OPEN BEFORE WEDNESDAY, 30 TH SEPTEMBER The inner envelopes shall also indicate the name and address of the tenderer to enable the tender to be returned unopened in case it is declared late If the outer envelope is not sealed and marked as required by paragraph , the KRA will assume no responsibility for the tender s misplacement or premature opening. Page 9 of 61

10 2.18 Deadline for Submission of Tenders Tenders must be received by the KRA at the address specified under paragraph no later than 30 TH SEPTEMBER The KRA 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 KRA and candidates previously subject to the deadline will therefore be subject to the deadline as extended 2.19 Modification and Withdrawal of Tenders The tenderer may modify or withdraw its tender after the tender s submission, provided that written notice of the modification, including substitution or withdrawal of the tenders, is received by the KRA prior to the deadline prescribed for submission of tenders The Tenderer 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 tenderer on the Tender Form. Withdrawal of a tender during this interval may result in the Tenderer s forfeiture of its tender security, pursuant to paragraph The KRA may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination The KRA shall give prompt notice of the termination to the tenderers and on request give its reasons for termination within 14 days of receiving the request from any tenderer Opening of Tenders The KRA will open all tenders in the presence of tenderers representatives who choose to attend, at 12:00 noon on Wednesday30 th September 2015 and in the location specified in the Invitation to Tender The tenderers names, tender modifications or withdrawals, tender prices, discounts and the presence or absence of requisite tender security and such other details as the KRA, at its discretion, may consider appropriate, will be announced at the opening The KRA will prepare minutes of the tender opening Clarification of Tenders Page 10 of 61

11 To assist in the examination, evaluation and comparison of tenders the KRA may, at its discretion, ask the tenderer for a clarification of its tender. The request for clarification and the response shall be in writing, and no change in the prices or substance of the tender shall be sought, offered, or permitted Any effort by the tenderer to influence the KRA in the KRA s tender evaluation, tender comparison or contract award decisions may result in the rejection of the tenderers tender Preliminary Examination The KRA 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 KRA may waive any minor informality or non-conformity or irregularity in a tender which does not constitute a material deviation, provided such waiver does not prejudice or effect the relative ranking of any tenderer Prior to the detailed evaluation, pursuant to paragraph 2.23 the KRA 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 KRA 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 KRA and may not subsequently be made responsive by the tenderer by correction of the non-conformity Conversion to Single Currency Where other currencies are used, the KRA will convert these currencies to US dollars using the selling exchange rate on the date of tender closing provided by the Central Bank of Kenya Evaluation and Comparison of Tenders The KRA 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 tenderer who gives false information in the tender document about its qualification or who refuses to enter into a contract after notification of contract award shall be considered for debarment from participating in future public procurement. Page 11 of 61

12 2.25 Preference Kenya Revenue Authority shall allow margin of preference as provided for by law Contacting the Kenya Revenue Authority Subject to paragraph 2.21 no tenderer shall contact the KRA 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 tenderer to influence the KRA in its decisions on tender, evaluation, tender comparison, or contract award may result in the rejection of the Tenderer s tender Award of Contract (a) Post-qualification In the absence of pre-qualification, the KRA will determine to its satisfaction whether the tenderer that is selected as having submitted the lowest evaluated responsive tender is qualified to perform the contract satisfactorily The determination will take into account the tenderer financial, technical, and production capabilities. It will be based upon an examination of the documentary evidence of the tenderers qualifications submitted by the tenderer, pursuant to paragraph as well as such other information as the KRA deems necessary and appropriate An affirmative determination will be a prerequisite for award of the contract to the tenderer. A negative determination will result in rejection of the Tenderer s tender, in which event the KRA will proceed to the next lowest evaluated tender to make a similar determination of that Tenderer s capabilities to perform satisfactorily. (b) Award Criteria The KRA will award the contract to the successful tenderer(s) whose tender has been determined to be substantially responsive and has been determined to be the lowest evaluated tender, provided further that the tenderer is determined to be qualified to perform the contract satisfactorily. (c) KRA s Right to Vary Quantities of Solution components The KRA reserves the right at the time of contract award to increase or decrease the quantity solution components originally specified in the Schedule of requirements without any change in unit price or other terms and conditions (d) KRA s Right to Accept or Reject Any or All Tenders The KRA reserves the right to accept or reject any tender, and to annul the tendering process and reject all tenders at any time prior to contract award, without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the KRA s action. Page 12 of 61

13 2.28 Notification of Award Prior to the expiration of the period of tender validity, the KRA will notify the successful tenderer 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 Tenderer s furnishing of the performance security pursuant to paragraph 2.28, the KRA will promptly notify each unsuccessful Tenderer and will discharge its tender security, pursuant to paragraph Signing of Contract At the same time as the KRA notifies the successful tenderer that its tender has been accepted, the KRA will send the tenderer 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 tenderer shall sign and date the contract and return it to the KRA Performance Security Within Thirty (30) days of the receipt of notification of award from the KRA, the successful tenderer shall furnish the performance security in accordance with the Conditions of Contract, in the Performance Security Form provided in the tender documents, or in another form acceptable to the KRA Failure of the successful tenderer to comply with the requirements of paragraph 2.27 or paragraph 2.28 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security, in which event the KRA may make the award to the next lowest evaluated Candidate or call for new tenders Corrupt or Fraudulent Practices The KRA requires that tenderers 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 Kenya Revenue Authority, and Page 13 of 61

14 includes collusive practice among tenderer (prior to or after tender submission) designed to establish tender prices at artificial noncompetitive levels and to deprive the Kenya Revenue Authority of the benefits of free and open competition; The Kenya Revenue Authority will reject a proposal for award if it determines that the tenderer recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question Further a tenderer who is found to have indulged in corrupt or fraudulent practices risks being debarred from participating in public procurement in Kenya. Page 14 of 61

15 Appendix to Instructions to Tenderers The following information regarding the particulars of the tender shall complement supplement or amend the provisions of the instructions to tenderers. Wherever there is a conflict between the provision of the instructions to tenderers and the provisions of the appendix, the provisions of the appendix herein shall prevail over those of the instructions to tenderers. INSTRUCTIONS TO TENDERERS REFERENCE PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS The tender is open to qualified firms for Supply, Delivery, Installation and Commissioning of an Enterprise Resource Planning Solution for Kenya Revenue Authority. Tenderes are required to clearly state their eligibility for this tender including submission of signed agreement documents e.g. sub-contracting, joint-venture, partnership, e.t.c The Declaration of No Conflict of Interest is incorporated in the Confidential Business Questionnaire The bid document shall be charged Kshs.1,000 per set. (Downloaded documents are free) Bid Validity Period is 120 days from Wednesday, 30 th September, The technical specifications are given in the Solution requirements section Tenders must be accompanied with a Tender Security in the form of Cash Deposit, Bank Guarantee or a Letter of credit. The amount of tender security required USD 5,000 and must be valid for 150 days after the date of tender submission The bidder must provide an appropriate written power of attorney establishing the authorization of the signatory to the tender documents to bind the bidder This tender is based on a two-envelope bid system. The bidder must submit a bid with separate technical proposal and a financial proposal in separate sealed and marked envelopes Time, date, and place for bid opening are: 12:00 hours, local time, on Wednesday, 30 th September, Place: Convention Centre on the 5 th Floor of Times Tower Building. Street: Haile Sellasie Avenue City: Nairobi Country: Kenya Opening of tender documents will be done in public at the time of closing the tender Bidders are expected to examine all instructions, forms, terms, specifications, and other information in the Bidding Documents. Failure to furnish all information required by the Bidding Documents or to submit a bid not substantially responsive to the Bidding Documents in every respect will be at the Bidder s risk and may result in the rejection of its bid. Page 15 of 61

16 2.24 The bid evaluation will take into account technical factors in addition to cost factors. The weight for financial evaluation is 20% while the weight for technical evaluation is 80%. Bidders must conform to the specific Technical Requirements The evaluation of the responsive bids will take into account technical factors by bidders in addition to financial factors. An Evaluated Bid Score (B) will be calculated for each responsive bid using the following formula, which permits a comprehensive assessment of the bid price and the technical merits of each bid: C T C Thigh C = Evaluated Bid Price C low = the lowest of all Evaluated Bid Prices among responsive bids T = the total Technical Score awarded to the bid T high = the Technical Score achieved by the bid that was scored highest among all responsive bids X = weight for the Price as specified in the BDS (i.e. 0.2) low where: B X + ( 1 X ) The bid with the highest Evaluated Bid Score (B) among responsive bids shall be termed the Lowest Evaluated Bid and is eligible for Contract award The performance security required will be 10% of the Contract Value. Page 16 of 61

17 SECTION III: GENERAL CONDITIONS OF CONTRACT Table of Clauses 3.1 Definitions Application Country of Origin Standards Use of Contract Documents and Information Patent Rights Performance Security 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 Page 17 of 61

18 SECTION III - CONTRACT GENERAL CONDITIONS OF 3.1 Definitions In this Contract, the following terms shall be interpreted as indicated:- (a) (b) (c) (d) (e) 3.2 Application The Contract means the agreement entered into between the Procuring entity and the tenderer, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. The Contract Price means the price payable to the tenderer under the Contract for the full and proper performance of its contractual obligations The Goods/Solutions means all of the equipment, machinery, and/or other materials, which the tenderer is required to supply to the Procuring entity under the Contract. The Procuring entity means Kenya Revenue Authority (KRA), the organization purchasing the Goods under this Contract. The Tenderer means the individual or firm supplying the Goods under this Contract These General Conditions shall apply in all Contracts made by the KRA for the procurement, installation and commissioning of solution. 3.3 Country of Origin For purposes of this clause, Origin means the place where the Goods, solutions and services were mined, grown or produced The origin of Goods and Services is distinct from the nationality of the tenderer. 3.4 Standards The Goods/solutions supplied under this Contract shall conform to the standards mentioned in the Technical Specifications. 3.5 Use of Contract Documents and Information The tenderer shall not, without the KRA 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 KRA in connection therewith, to any person other than a person employed by the tenderer in the performance of the Contract The tenderer shall not, without the KRA 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 KRA on completion of the Tenderer s performance under the Contract if so required by the KRA. 3.6 Patent Rights The tenderer shall indemnify the Procuring entity against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the Goods/solutions or any part thereof in the KRA s country. 3.7 Performance Security Page 18 of 61

19 3.7.1 Within thirty (30) days of receipt of the notification of Contract award, the successful tenderer shall furnish to the Procuring entity the performance security in the amount specified in Special Conditions of Contract The proceeds of the performance security shall be payable to the KRA as compensation for any loss resulting from the Tenderer 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 the KRA and shall be in the form of a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in Kenya or abroad, acceptable to the KRA, in the form provided in the tender documents The performance security will be discharged by the KRA and returned to the Candidate not later than thirty (30) days following the date of completion of the Tenderer s performance obligations under the Contract, including any warranty obligations, under the Contract. 3.8 Inspection and Tests The KRA or its representative shall have the right to inspect and/or to test the goods/solution to confirm their conformity to the Contract specifications. The KRA shall notify the tenderer 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 tenderer or its subcontractor(s), at point of delivery, and/or at the Goods /Solution final destination If conducted on the premises of the tenderer or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the KRA Should any inspected or tested goods/solutions fail to conform to the Specifications, the Procuring entity may reject the equipment, and the tenderer shall either replace the rejected equipment or make alternations necessary to make specification requirements free of costs to the KRA The KRA s right to inspect, test and where necessary, reject the goods/solutions after the Goods or solution s 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 Nothing in paragraph 3.8 shall in any way release the tenderer from any warranty or other obligations under this Contract. 3.9 Packing The tenderer shall provide such packing of the Goods/solutions 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 Delivery and Documents Delivery of the Goods/solutions shall be made by the tenderer in accordance with the terms specified by Procuring entity in its Schedule of Requirements and the Special Conditions of Contract Insurance The Goods/solutions 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. Page 19 of 61

20 3.12 Payment The method and conditions of payment to be made to the tenderer under this Contract shall be specified in Special Conditions of Contract Payments shall be made promptly by the KRA as specified in the contract Prices Prices charged by the tenderer for goods and/or solutions 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 tenderer in its tender Contract price variations shall not be allowed Where contract price variation is allowed, the variation shall not exceed 10% of the original contract price Price variation request shall be processed by the procuring entity within 30 days of receiving the request Assignment The tenderer shall not assign, in whole or in part, its obligations to perform under this Contract, except with the KRA s prior written consent Subcontracts The tenderer shall notify the Procuring entity in writing of all subcontracts awarded under this Contract if not already specified in the tender. Such notification, in the original tender or later, shall not relieve the tenderer from any liability or obligation under the Contract Termination for Default The KRA may, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the tenderer, terminate this Contract in whole or in part: (a) (b) (c) if the tenderer fails to deliver any or all of the goods/solutions within the periods specified in the Contract, or within any extension thereof granted by the KRA; if the tenderer fails to perform any other obligation(s) under the Contract; if the tenderer, in the judgment of the KRA has engaged in corrupt or fraudulent practices in competing for or in executing the Contract In the event the KRA terminates the Contract in whole or in part, it may procure, upon such terms and in such manner as it deems appropriate, equipment similar to those undelivered, and the tenderer shall be liable to the Procuring entity for any excess costs for such similar goods/solutions Liquidated Damages 3.17 If the tenderer 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 tenderer may consider termination of the contract Resolution of Disputes The KRA and the tenderer 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 Page 20 of 61

21 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 tenderer shall not be liable for forfeiture of its performance security or termination for default if and to the extent that it s delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. Page 21 of 61

22 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 SPECIAL CONDITIONS OF CONTRACT OF GCC The performance bond must be issued in the form of a bank guarantee. The bank guarantee must be valid in Kenya during the implementation period and shall constitute 10% of the contract cost. 3.9 Packaging The tenderer shall provide such packing of the Goods/solution components as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract. All packages must be cleared labeled with description of contents and quantities Delivery The Enterprise Resource Planning Solution shall be supplied, delivered, installed, implemented and commissioned at the KRA headquarters in Times Tower, Nairobi and one alternate site for redundancy as shall be specified by KRA Payment Terms The Kenya Revenue Authority (KRA) payment terms are that payment shall be made within thirty (30) days from the date of completion of the related milestone as contracted. However, KRA may negotiate mutually acceptable payment terms with the successful tenderer Prices Prices charged by the tenderer 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 tenderer in its tender Liquidated Damages If the delivery date is extended (except by mutual consent) a penalty amounting to 0.5% of the total cost will be charged per day up to a maximum of sixty (60) days. No deliveries shall be accepted after the agreed date in which case the LSO and contract will automatically lapse and be deemed to have been cancelled at the close of business on the twentieth day. The Authority shall then be at liberty to realize the performance bond. In this clause, days means working days Resolutions of Disputes Any dispute, controversy or claim between the Parties arising out of this Contract or the breach, termination or invalidity thereof, unless settled amicably under the preceding paragraph of this Article within sixty (60) days after receipt by one Party of the other Party's request for such amicable settlement, shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining. The place of arbitration shall be Nairobi. The arbitral Page 22 of 61

23 tribunal shall have no authority to award punitive damages. In addition, unless otherwise expressly provided in this Contract, the arbitral tribunal shall have no authority to award interest. The parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such controversy, claim or dispute The language of all correspondence and documents related to the bid is: English. Unless explicitly specified in the Technical Requirements section, the key passages of all accompanying printed literature in any other language must be translated into the above language. Page 23 of 61

24 SECTION V - TECHNICAL SPECIFICATIONS 5.1 General The specifications describe the requirements for Supply, Delivery, Installation, implementation and Commissioning of an Enterprise Resource Planning Solution The tenderers are requested to present information along with their offers to conform to all legal, commercial, technical and financial requirements for this tender. 5.2 Particulars About KRA The Kenya Revenue Authority (KRA) was established by an Act of Parliament on July 1 st 1995 (Cap. 469) for the purpose of enhancing the mobilization of Government revenue, while providing effective tax administration and sustainability in revenue collection. In terms of revenue collection and other support functions, the Authority is divided into the following Departments: Customs and Border Control Domestic Taxes Investigations & Enforcement Strategy, Innovation, Research & Marketing (Research, Knowledge Management & Compliance Risk, Marketing & Communication, Corporate Risk Management, Corporate Tax Dispute Resolution) Kenya School of Revenue Administration Corporate Support Services (Information & Communication Technology, Road Transport Revenue, Human Resources, Finance, Procurement & Supplies, Regional Offices, Administration & Logistics and Security) Internal Audit Ethics & Integrity Board Coordination & Legal Services The Authority is also divided into regions as follows: Central Northern Rift Valley Southern, and Western Project Background KRA realizes the role of information technology as a strategic business enabler in its pursuit of operational excellence. To achieve this, KRA is undertaking several automation initiatives to enhance the effectiveness and efficiency of its business processes. One of the initiatives the Authority seeks is the implementation and operationalization of an Enterprise Resource Planning (ERP) solution to raise performance standards (efficiency and effectiveness) in service delivery with respect to administrative support functions and hence reduce operational costs by leveraging on technology to achieve full electronic service and high customer satisfaction in line with KRA s strategic objectives under the Sixth Corporate Plan (2015/ /18). Current Situation KRA is currently operating an Open Source ERP system which has partially automated Procurement, Human Resources and Finance functions only. Objective of this Tender Page 24 of 61

25 The objective of this tender is to select suitable ERP Product and Implementation Partner for implementation of the ERP Solution as specified herein, and provision of post implementation support services. In addition to the above, the bidder will also be responsible for: a) Ensuring that the user and functional requirements are adequately covered in the design of the solution, to ensure delivery of a comprehensive solution that meets and even exceed the project objectives. b) The design information shall include how the system will operate, in terms of the hardware, software, and network infrastructure; the user interface, forms, and reports that will be used; and the specific applications, databases, and files that will be needed; including but not limited to the following:- i. Architecture Design: Specification of the supporting hardware, software, and network infrastructure that will effectively support the proposed solution. ii. Database and File Specifications: Definition of how the data will be managed. iii. Program Design: Definition of applications to be deployed including required customization, and third party interfaces. c) Ensuring that proposed solution aligns with KRA s strategic goals and the Corporate ICT Strategy; d) Developing a Data Migration Strategy which covers data collection, data preparation, and data migration (including master and transaction data). The Authority will however be responsible for data cleansing and data entry, where required. e) Assisting in setting up a Help Desk support and technical support functions; and f) Developing a comprehensive training and knowledge transfer strategy, and providing training to functional users, technical users and end users in KRA. 5.3 Technical Requirements: Technical Response Bidders shall provide detailed responses to demonstrate how their proposed solution will achieve each of the functional capabilities for all the Technical Requirements. Failure to conform to these conditions will render the bid being treated as non-responsive. Simple statements such as yes, no, comply or any other similar statements will not be considered as a substantial response Proposed Implementation Approach, Methodology and Work Plan Bidders are required to describe their technical approach and methodology to deliver this assignment, to realise the expected output. The project shall be implemented in phases preferably over a duration of 20 months. In this regard, Bidders are required to propose the main activities of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Client), and delivery dates. Further, Bidders should provide costs of implementing each module and their recommended priority order of implementation, taking into account the following KRA s priority areas: Human Resource, core Procurement and Supplies, and Finance modules and integration with the National Treasury s IFMIS Procure to Pay (P2P) system. The priority order of phased implementation will however be agreed upon between the successful Bidder and the Authority. 5.4 Bidder s Qualification Criteria (Experience) Ability to provide System Integration across various systems 2. Demonstrated experience in at least five organizations, three (3) of which should be client ERP solution implementations in the key functional areas. 3. System design / development experience and capability 4. Ability to provide training as per the requirements in this tender for system users and administrators 5. Capacity and experience in providing end user and system support 6. Capacity and experience in providing system and application testing 7. It is preferred that the Bidder has system integration experience Page 25 of 61

26 8. It is preferred that the Bidder has local presence or local partner 5.5 Place of Execution Place of Execution shall be: Nairobi, Kenya Page 26 of 61

27 6.0 COMPLIANCE MATRIX SCORES The compliance matrix scores are given as follows: Section A: Section B: Section C: Section D: Section E: Scope and Implementation Approach 5 Marks Functional Requirements 30 Marks Technology Requirements 10 Marks Service Level Agreement (SLA) and Support Requirements 10 Marks Training and Skills Transfer 5 Marks Page 27 of 61

28 SECTION A: SCOPE AND IMPLEMENTATION APPROACH 5 Marks Item No Feature Bidder s Response 1.1 Functional Areas of Implementation The functionality scope should cover the following main modules: a) Human Resource Management b) Financial Management c) Procurement and Supplies Management d) Enterprise Asset/Property Management e) General System Requirements f) Fleet Management Minimum functional requirements are provided under Section B below. 1.2 Functionality Process Re-Engineering KRA wishes to re-engineer its As-Is administrative support processes in line with standard ERP Applications best practice process flows to come with To Be future processes that the business performs in order to respond to business events, and identifies each of the steps in those processes. The To-Be process model will outline the detail of re-engineered business processes and thus provide a baseline of the required functionality of the target ERP software solution. As part of demonstrating their capacity to deliver on this assignment, Bidders are required to submit best practice baseline Compliance Matrix provided under Section B (Functional Requirements) of the proposed ERP modules and their corresponding Process Flows, which shall constitute the basis of conference room piloting (CRP) engagements between the successful Bidder and the KRA project team to develop agreed To Be process models (Compliance Matrix and Process Flows) that will be the basis of delivery and acceptance of the ERP solution. Functionality requirements of the desired ERP solution are given in Section B below, in form of Compliance Matrix. Bidders are required to submit their responses to the compliance matrix (with necessary reviews/improvements) and to populate it with detailed functionality features for each function (in the rows against or under each function), clearly stating how each of the stated features are (or shall be) met by their proposed solution, and propose how they will work with the KRA ERP project team to review business processes to jointly come up with baseline To Be Compliance Matrix and Process Flows to support the KRA functional requirements. 1.3 Solution Integration Requirements The proposed ERP solution shall ensure integration with the following: National Treasury s Integrated Financial Management Information System (IFMIS) as follows: (a) Integrate the KRA procurement module with IFMIS (b) integrate the KRA financial module for supplier invoicing and payment with IFMIS. The proposed ERP solution will (where required) be integrated to other KRA business and support systems. Areas of integration and systems to be integrated will be determined in the inception workshop. 1.4 Technology Requirements Bidders are required to clearly stipulate the technology requirements of their proposed solution in accordance with this tender. Page 28 of 61

29 Item No Feature Bidder s Response 1.5 Phasing Requirements The project shall be implemented in phases, preferably over a duration of 20 months. Bidders are required to provide costs of implementing each module in the financial proposal. Bidders to provide order of implementation, taking into account the following KRA s priority areas: Human Resource, core Procurement and Supplies, and Finance modules and integration with the National Treasury s IFMIS Procure to Pay (P2P) system. 1.6 Licensing Requirements Bidders are required to use the information provided in this tender document (Section C, Item 6) on the current KRA establishment to determine the optimal licenses required for each of the proposed modules in the solution. 1.7 Annual Technical Support After commissioning of the solution, the Bidder shall be retained to provide annual technical support on the ERP solution covering the scope defined under this tender or as may be varied depending on the capacity of internal KRA staff to support the system, for a period of five (5) years. The support duration may be varied as may be deemed appropriate at the contractual stage. Bidders are therefore required to propose how (support structure, number of resources and costing model, and how the same will be varied over the support period) they will provide the required annual support of the ERP solution as described above. The support arrangement/structure should be reflective of the anticipated capacity building (through training and KT) to internal staff and the expected incremental internal support. B. FUNCTIONAL REQUIREMENTS 30 Marks Bidders shall give a detailed response to demonstrate how their proposed solution will meet the functional requirements under the respective functions listed in the compliance matrix below. Bidders should therefore provide exhaustive details on the features of their proposed solution, in such a way as to ensure that the proposed solution leverages on the power of the enterprise resource planning solution to integrate administrative functions in line with modern best practices. FUNCTIONAL REQUIREMENTS COMPLIANCE MATRIX 1.0 HUMAN RESOURCE MANAGEMENT Item No Feature Bidder s Response 1.1 Core Human Resource Organization Management (OM) Policies for Contracts and Outsourcing Employee Master Data Organization Policies & Procedures General HR & Administration Processes 1.2 Payroll Payroll Management Personal Taxation Deductions Pay slip Run Provident Fund (PF) & Terminal Benefit Management Page 29 of 61

30 Item No Feature Bidder s Response Investment of Gratuity Management Pension Management 1.3 Staffing Manpower Planning Recruitment Selection Hiring Transfers & Promotions Deputation/Job rotation Employee Status Change Succession management 1.4 Performance Management & Appraisal 1.5 Human Capital and Workforce management Time and leave management Workload demand planning Travel Management 1.6 Compensation & Benefits Administration Compensation management Benefits management Welfare management Retirement management 1.7 Human Resource Training and Development 1.8 Employee Relations Employee Relations management Discipline and Grievance management 1.9 Employee Self Service Benefits Training administration Performance management Compensation management Absence and leave management 1.10 HR Analytic Dashboards 2.0 FINANCIAL MANAGEMENT Item No Features Bidder s Response 2.1 General Ledger Manage Ledger Relationships Manage Calendar Manage Chart of accounts Manage GL Account enquiry Manage GL Transaction Posting Manage Inter-office transactions Manage accounting year-end closing Manage consolidation Manage year-end reporting 2.2 Accounts Receivable Manage Receivable processing Manage incoming payments Manage dishonoured cheque Processing 2.3 Accounts Payable Manage vendor master data Manage payable processing Manage document posting Manage Vendor account enquiry Page 30 of 61

31 Item No Features Bidder s Response Manage accounts payable reporting 2.4 Cash Management/Treasury General function (Monitor payment flows and monitor liquidity Manage cash book Manage inter-unit accounting Manage banking and bank reconciliation Cash forecasting and cash management Manage cash flow forecast and information systems Manage Loans/grants and deposit management Manage inter-unit transfer details Manage cash management treasury reporting 2.5 Budgeting/Analysis Manage budget planning and preparation Manage revenue/operating expenditure budget Manage capital expenditure budget Manage budget control Manage budgeting reporting Manage enterprise planning 2.6 Costing and Financial Control Manage Cost Allocation: General function Manage costing allocations Manage costing analysis Manage activity based costing Manage costing enquiry/reporting Manage order and project management general functions Manage order and project management inquiry/reporting Manage profitability analysis general functions Manage profitability analysis planning Manage profitability analysis enquiry/reporting 2.7 Fixed Asset Accounting Manage Fixed assets master data maintenance Manage fixed assets register Manage assignments Manage addition of fixed assets Manage transfer/splitting of fixed assets Manage fixed assets disposal/retirement Manage depreciation of fixed assets Manage insurance of fixed assets Manage revaluation of fixed assets Manage physical inventory of fixed assets Manage integration with relevant modules Manage fixed asset reporting and enquiry 2.8 Financial Reporting Requirements Reporting requirements for estimates of financial resources Reporting requirements for annual financial statements Reporting requirements for revenue monitoring Reporting requirements applicable to all processes of the module 2.9 Enterprise Asset Management 2.10 IFMIS Integration Requirements Integration with the National Treasury s IFMIS for invoicing and payment of vendors 2.11 Analytic Dashboards Page 31 of 61

32 3.0 PROCUREMENT AND SUPPLIES MANAGEMENT Item No Features Bidder s Response 3 Procurement and Material Management 3.1 Procurement Planning Manage Annual Procurement Planning Integrate Procurement Planning with Budget Process 3.2 Procurement Manage Purchase Requisition Manage sourcing / Tendering Process: Direct /Request for Quotations(RFQ)/Request for Proposal (RFP)/Tenders Purchase/Service Order Management Manage Contracts (Monitoring and Evaluation) Supplier Management (Supplier Master) 3.3 Inventory Management Material Records Management (Material Master) Manage Inventory Manage Material Requirements Planning Manage Goods Receipt including inspection and acceptance Manage Goods Issue Manage Inter-Store Transfer Manage Store Returns Manage Stock Take and Reporting (Physical Inventory Verification) Manage Material Disposal 3.4 IFMIS Integration Requirements Integration with Ministry of National Treasury s IFMIS for KRA Procurement Planning, budgeting, tendering and procurement processes 3.5 Analytic Dashboards 4.0 ENTERPRISE ASSET/PROPERTY MANAGEMENT Item No Features Bidder s Response 4.1 Enterprise Asset Management Create and classify enterprise assets Manage enterprise asset register Track enterprise assets (from fixed assets to movable assets, line assets (equipment, accessories), etc.), including location, status, ownership/assignee and maintenance responsibility, insurance, transfers and deactivation Certification of physical inventory for locations Manage asset conditions (condition analysis, root cause analysis of failures, probability of failure, criticality of the failure, etc.) Track asset insurance values (replacement values) Manage spares for each asset and assessment of spares requirement Identify assets that have been missed and not updated by the physical inventory process (missing, lost, stolen, destroyed, etc.) Manage and track leased assets Generate management reports detailing cost of new assets acquired to replace an asset lost, missing, stolen, or destroyed; and insurance reporting for risk management Page 32 of 61

33 Item No Features Bidder s Response Manage integration to relevant modules for effective management of enterprise assets, including Graphical Information Systems (GIS) to leverage geospatial data in the analysis of asset status Prioritize asset classes and assets according to criticality ranking by failure probability and consequence criteria chosen such as frequency of failures, availability, throughput, etc Manage enterprise asset reporting Creation of commercial leases both as landlord and tenant e.g. Lease ending dates, rent escalations clauses, etc Space Management Availability Management 4.3 Analytic Dashboards 5.0 FLEET MANAGEMENT Item No Features Bidder s Response 5.1 Asset lifecycle management and maintenance history 5.2 Driver hiring, education, scheduling, payroll, etc 5.3 Order capture, transactions, fleet activities and customer relationship management 5.4 Fleet planning - consolidations, fleet versus common-carrier trade-offs, multi-leg, multi-mode, etc 5.5 Drivers and equipment assignment and utilization 5.6 Asset tracking, both en-route and at pool locations, asset inventory management 5.7 Driver dispatch, mobile communications, tracking 5.8 Costing - fleet, external service providers, special services, accessories, parts records, track work orders, operations costs transactions 5.9 Payables - driver pay, independent contractors and external service providers 5.10 Billables - bill for service, asset usage 5.11 Cost accruals and revenue recognition 5.12 Damages, claims and dispute management 5.13 Generation of reports 5.14 Analytic Dashboards C. TECHNOLOGY REQUIREMENTS 10 Marks No. Capability Requirement Bidder s Response 1. Hardware and storage environment The bidder must define the technology platform(s) to be used to fully deliver their proposed solution. This should include: The proposed components of the system (Names and versions) The application development environment. The database proposed. Operating system proposed. Client or end-user operating systems supported The system must be scalable to Page 33 of 61

34 No. Capability Requirement Bidder s Response accommodate growth in the user base as well as transactions. Comment on how this will be realized. Elaborate on the open-endedness of the software to allow integration with other systems especially the e- government systems. Describe the programming language/technology of the system. Supply and installation/setup of the appropriate software, licenses and kits; Bidder to specify the minimum hardware specifications for optimum operation of the solution. Bidder to describe the system architecture they propose. Describe the number and type of: Application servers Database server(s), and, Development and test environments. Bidder to describe their proposed technical architecture. This should show components such as the database server, applications server, reporting server, test/training server, firewall(s), web server(s), web browser, minimum workstation requirements, remote access, wireless connectivity, network connectivity to LAN and WAN, etc. 2. Security Bidders are required to submit a comprehensive security plan taking into account physical security, network security and application level security for the ERP solution in accordance with 3. Functional Interface Requirements the KRA ICT Security requirements in part F. Bidders to state the user interface type that will be provided by the solution, i.e. whether the solution provides both client and web applications to cater for different stakeholder requirements. Bidder to state whether the web application will have support for Internet Explorer, Opera, Google Chrome and Firefox web browsers. Graphical User-friendly interface that is web based Simple and Intuitive navigation between functions such as dropdown menu driven options for common/known data fields. Auto Facility Automatic population of known fields to reduce data re-entry Ability to print any information displayed on a screen. Data validation and error checking facility. Ability for the system to set up various parameters that are user specific (data classifications, formulas). Provide for a multi-currency facility transaction processing system. Page 34 of 61

35 No. Capability Requirement Bidder s Response Have a report generator facility allowing for the generation of standard and non-standard reports. Be service oriented architecture and based on web technology standards, interoperability with open standards. Ability to allow for remote access to the System through a standard web browser, mobile. Ability for the system to grant access to users through a single sign-on/log-on facility. The system should interface with other applications. The system must provide a facility for output/reports to be directed either to a printer, screen or file and have the following: Title/description; Page numbering; End of report message; and Default spooling where output size exceeds user defined limits. No. Item: General Report features Ability to handle versatile reporting queries from staff. Generate standard and customized reports. Automatically refresh when the underlying data is changed. Ability to configure the layout of standard reports. Possibility to include the Authority s logo on a standard report? Ability to transform existing data in a report into a chart or graph. Ability to create reports and export them to MS Word, MS Excel, or PDF. GS20 Ability to schedule reports and print on queue as required. Ability to predefine the generation of automatic reports for example weekly, bi-weekly, monthly, quarterly, annually. Ability to easily setup user-defined (ad hoc) reports. Ability to configure users based on roles and responsibilities for example through the departments. The system must provide for security backup facilities to enable complete file restore and recovery. The System must have the capability of performing incremental backups without system 4. Back-up and Recovery 5. Integration Technologies downtime. Bidder to state whether the system provides a backup and recovery facility. Bidder to state whether the system support backup of database while in operation. Bidder to state whether it is possible to schedule a backup/restore task. Bidder to state whether the system offers integration interfaces based on new technologies such as Application Web Services and SOAP. 6. Licenses Bidder shall specify the number of requisite licenses based on the information below. Page 35 of 61

36 No. Capability Requirement Bidder s Response Bidder must provide a price quotation for each module in the financial bid. The licenses shall include: operating systems, application user, databases, and middleware. KRA has about 4,500 staff of which: 220 Finance staff, 50 Procurement officers (in addition, we have approx. 300 procurement process users originating from other departments). 110 HR officers 55 Enterprise asset/property officers 50 Budget officers (Annual Budget preparation, consolidation and budget management, etc.) 10 Payroll Officers and, 170 Fleet drivers and 20 Transport Officers 2 Application developers 7. Reports Bidders to use the above information to determine the optimal number of licenses required for each of the proposed modules in the solution The bidder to specify the licensing scheme for all license types specified above. Bidders shall demonstrate all out of the box reports for the solution and show ability to generate both standardized and customized reports. The bidder shall demonstrate that the solution has tools that provide easy to use wizards that will enable users to create customized reports. Users who perform this function will have to be trained on use of the tools. Bidders shall demonstrate whether the reports are dynamic, with the provision for a drill-down capability. Bidders to demonstrate whether the reports have the ability to be exported to Excel and PDF Formats and deliver HTML5 for internet & mobile users. 8. Documentation Bidders shall provide all requisite documentation including but not limited to the following: System Architecture and Design User and technical manuals Training manuals 9. System Availability and scalability Bidders are required to demonstrate how the system has been designed for high availability in addition to showing how the system supports mission-critical business applications with minimal downtime. The platform should be able to scale in both performance capacity, incremental data volume growth and number of concurrent users. Page 36 of 61

37 No. Capability Requirement Bidder s Response 10. Installation/Enh ancements/upgr ade Bidder to specify whether the following types of system implementation tools are provided: (a) Quick implementation/configuration tools (b) Development tools (e.g. report writer, screen painter, programming language, etc.). (c) Debugging, auditing and testing tools (for both functional and performance testing) (d) Provision for remote patch and version administration 11. Technical Interfacing/Integ ration/conversio n 12. Operational Bidders to specify policy on future upgrades and future product release. Also explain your product lifecycle management with product-technology roadmap for the next 5 years. Does the system support integration with systems such as Lotus Notes etc.? Can the system integrate with SMS gateway to allow SMS alerts? Bidders to specify whether the system supports data export and import facility to variety of databases and other software packages? Bidders to specify whether the system has the ability to report the following system alerts to administrator? (a) Database alert (b) Operating system alert Does the system support handling of errors in the following manner? (a) Error logging (b) Ability to redo/rollback a transaction after recovery from software/hardware failure to ensure data integrity Does the system restrict users from deleting data directly unless authorized to do so? Does the system allow designing of workflow with the ability to define business rules, alerts and triggers without programming? Page 37 of 61

38 D. SERVICE LEVEL AGREEMENT (SLA) AND SUPPORT REQUIREMENTS 10 Marks The bidder shall provide an SLA proposal addressing the following requirements 1.0 Service Level Requirements/Targets 1. Short Description and Scope of Service 2. Definition of terms 3. Users of the IT Service (Users are defined from the functional areas covered by the scope) 4. Breakdown of the Services offered or Service components, e.g. IT Applications. 5. Warranty of at least one year - period, terms i.e. what is included and what is not included during the warranty period (labour or service) 6. Support and maintenance after commissioning period, terms, licensing requirements for 5 years (Bidders to cost for each year in the financial proposal) 7. Quality of Service terms 1. Service times 2. Security requirements and compliance 3. Availability targets and commitments a) Conditions under which the service is considered to be unavailable (e.g. if the service is offered at several locations) b) Availability targets (exact definition of how the agreed availability levels will be calculated, based on agreed service time and downtime) c) Reliability targets Mean Time Between Failures (MTBF) or Mean Time Between Service Incidents (MTBSI) optional d) Maintainability targets Mean Time to Restore Service (MTRS) whenever there is an incident e) Down times for maintenance (number of allowed down times, prenotification periods) provide draft proposal f) Restrictions on maintenance, e.g. allowed maintenance windows, seasonal restrictions on maintenance, and procedures to announce planned service interruptions, need to agree on suitable schedule with minimal service disruptions. g) Definitions of incidents priority (Critical, High, Medium, Low and Scheduled) including procedures to announce unplanned service interruptions - provide draft proposal h) Service performance reporting and reviews meetings - provide draft proposal 4. Capacity/ performance targets and commitments - provide draft proposal i. Required capacity (lower/upper limit) for the service, e.g. a) Numbers and types of transactions b) Numbers and types of users c) Business cycles (daily, weekly) and seasonal variations e.g. on due dates, end months etc ii. Required Response times from applications iii. Incident Response and resolution times to requests by client for support Priority Definition Response time Resolution Time Priority 1 ~ Critical Service Down (all work stops). Response 2 hours. Impact Immediate Priority 2 ~ High Impact Group Inoperative (Group work stops) e.g. within 30 4 hours. Page 38 of 61

39 Localized Disruption access to multiple locations minutes Priority 3 ~ Moderate Individual work is stopped within 2 hours 8 hours. Impact Priority 4 ~ Minimal Impact Priority 5~ Scheduled Process (Work can continue) e.g. Software functionality problems Individual Configuration (work can continue) e.g. Software upgrades, scheduled computer replacements/relocations/new installations*. IT equipment Repair within 4 hours within 1 day 24 hours. 48 hours. iv. Requirements for scalability (assumptions for the medium and longterm increase in workload and service utilization) v. Requirements regarding capacity and performance reporting 5. Service Continuity commitments (availability of the service in the event of a disaster) a) Time within which a defined level of service must be re-established b) Time within which normal service levels must be restored 2.0 SLAs Components: Services and Management. Service elements to include as a minimum: Specifics of principal services provided (and what's excluded, if there's room for doubt), Conditions of service availability, Service/quality standards with turnaround times for delivery Legal or other regulations that must be complied with Standards such as time window for each level of service (prime time and non-prime time may have different service levels, for example), Roles/responsibilities of each party and contact details, Escalation procedures, Service credits/penalties? And cost/service tradeoffs. Management elements should include as a minimum: Definitions of measurement standards and methods - how service will be measured, monitored and evaluated for service performance quantitatively and qualitatively Reporting process - how to communicate/report performance what are the KPIS/outcomes or impacts Contents and frequency, a dispute resolution process - how to handle complains or conflict issues An indemnification clause protecting the customer from third-party litigation resulting from service level breaches (this should already be covered in the contract, however), Use problem resolution clauses in a multivendor environment to protect KRA (is primary vendor responsible?) Review meetings frequency, reports? A mechanism for reviewing/updating the agreement as required. Page 39 of 61

40 E. TRAINING AND SKILLS TRANSFER 5 Marks Item No. Feature Requirements Bidder s 1. Technical Skills Assessment 2. Methods of Training and Skill Transfer 3. Training to KRA Project Team 4. Training Key users including trainers 5. Training to KRA Business Users 6. IT Technical Training The bidder is expected to conduct a needs assessment for the technical skills required to successfully implement and sustain the ERP solution The bidder is expected to demonstrate methods of training and skills transfer that will ensure that KRA has enough internal capacity to maintain and use the ERP solution. The bidder is expected to train at least 15 members of the KRA project implementation team so that the team and the solution provider can have a common understanding of ERP language The consultant is expected to provide training for at least 40 key users including trainers The bidder is expected to provide training for at least 850 business users The training curriculum shall adhere to that provided for in the business functional requirements. The bidder is expected to provide technical training to at least 10 IT technical users on the ERP solution to manage and maintain the hardware and software. The bidder is expected to provide the trainees with training material both soft and hard copies. The bidder is expected to provide a methodology of evaluation of the training, learning and skills transfer 7. Training Materials 8. Training Evaluation 9. Training facility All trainings must be provided at an accredited centre or laboratory. Bidders shall propose training site and location. 10. Skills and Knowledge Transfer The bidder MUST provide Skills and Knowledge transfer to the users by the completion of the implementation. The bidder to specify the approach to be used. Response F. SECURITY REQUIREMENTS Requirement User Authentication 2.1 The solution should support Multi-factor authentication (MFA) schemes 2.2 Each user must be authenticated with a unique user-id / username and password on the application. The User IDs / Usernames should be case sensitive 2.3 The solution should make a provision for authentication through digital certificates using Public Key Infrastructure (PKI) under the National Public Key Infrastructure. Bidder s Response Page 40 of 61

41 2.4 The authentication should be configurable to use username/password and multi-factor authentication 2.5 All user accounts must be managed with reference to and in synchronization with an authoritative central user management system e.g. identifying personnel numbers in KRA s active staff database (Active Directory, Central HR database or the ERP e.t.c.) for internal KRA users and National PIN database for external KRA users. NB: User accounts management activities include but not limited to new user creation, user maintenance, user authentication (during login). 2.6 All new users should receive notifications with secure links to register new accounts. A secure way of confirming a registration should be implemented e.g. via 2.7 The solution must prompt users to change their passwords the first time they log on to the application. 2.8 The solution must support password expiry features with a configurable frequency. This should be parameterized to allow flexibility in adjusting this value as required. 2.9 The solution shall alow configuration of account validity period The solution should not support automatic logins. The login page should include a challenge which the user responds to before proceeding with the login The solution must implement the following Password complexity requirements that should be configurable to support future password complexities: 2.12 Passwords should have a configurable minimum and maximum lengths Password must meet a configurable combination of the following 4 complexity rules: Uppercase character (A-Z) Lowercase character (a-z) Digits (0-9) Special characters 2.14 During password change, if the new password doesn't comply with the complexity policy, the error message should describe EVERY complexity rule that the new password does not comply with The solution should implement a secure self-service password recovery mechanism in the event the user forgot their password Any password reset/recovery mechanism option must not reveal whether or not an account is valid, preventing username harvesting The login page and all subsequent authenticated pages must be exclusively accessed over (Transport Layer Security) TLS. All active sessions must be encrypted The solution should support expiring of newly created accounts if not used for a period of time. This should be parameterized to allow flexibility in adjusting this value as required The solution must support a configurable password change notification before password expiry. Page 41 of 61

42 2.2 The solution must support password lock out after a configurable number of unsuccessful login attempts The solution should respond with a generic error message regardless of whether the user ID or password was incorrect. It should also give no indication to the status of an existing account. The generic message should not reveal which of the authentication parameters is invalid The solution must expire a user account after the session has been idle for a period of time. This should be parameterized to allow flexibility in adjusting this value as required The solution should support re-authentication for sensitive features e.g. before updating sensitive account information such as the user's password, user's , or before performing sensitive transactions. The function(s) requiring re-authentication should be configurable/determined The solution must not allow the re-use of a past password until a set period of time and a set number of password changes have been made. This should be parameterized to allow flexibility in adjusting this value as required. Session Management 2.25 The solution should allow only one session per user operating from a single computer unless a specific business case has been established for allowing multiple sessions per user. The allowing of multiple sessions to users based on business needs should be configurable The solution should not allow concurrent user logins by a user from multiple computers The system should allow the capture and storage of all relevant session information in a secure and auditable location 2.28 The solution should implement secure session IDs, generation of identifiers (IDs or tokens) must meet the following properties: Session ID fingerprinting: The name used by the session ID should not be extremely descriptive nor offer unnecessary details about the purpose and meaning of the ID. The default session ID name of the web development framework should be changed to a generic name Session ID length: The session ID must be long enough to prevent brute force attacks, must be at least 128 bits (16 bytes) Session ID entropy: The session ID must be unpredictable (random enough) to prevent guessing attacks, a good PRNG (Pseudo Random Number Generator) should be used. Session Expiration: 2.29 Expiration timeouts must be set for every session regardless of the activity. All sessions should implement an idle or inactivity timeout. The duration should be parametarized and configurable The solution must provide a visible and easily accessible logout (logoff, exit, or close session) button that is available on the web application header or menu and reachable from every web application resource and page, so that the user can manually close the session at any Page 42 of 61

43 time When a session expires, the solution must take active actions to invalidate the session on both sides, client and server. The logs should record the session expiration details When the user logs out of the application the session and corresponding data on the server must be destroyed. This ensures that the session can not be accidentially revived The solution should also force session logout on web browser "close window" events The session ID exchange mechanism based on cookies must use multiple security features in the form of cookie attributes such as Secure flags, HttpOnly, Domain, Path, Expire and Max-age attributes In the solution design, backward process flows should clear all authentication fields The solution should implement Role based Access Control (RBAC) profiles for authorization based on business definitions Roles should be granted permissions based on the principle of least privilege i.e. the solution should support an additive access model Access control must be granular to facilitate adequate separation of duties including the following: Functions should be independently available for allocation to a role There should be separation of duties e.g. data entry, authorisation and final approval Data entry staff should have the minimum access levels required to enter data Authorization staff should have an access level that allows them to authorize but not necessarily change the data that was entered Final approval staff should have the required access level to finalize the process /transaction The solution should not access the database(s) as a privileged or administrative user. The application should always connect as a non privileged user If the database is accessed through a common application user, that user should not own the objects in the database Credentials should never be stored directly within the application code (hardcoding credentials) Credentials should always be encrypted The solution should perform consistent authorization checking routines when navigating on all application pages to ensure that the user accesses what they are explicitly authorized to access by their roles For web based interfaces, the solution must use a secure method to transmit data e.g. Using the HTTP POST method instead of the less secure GET method 2.45 The solution should log all access authorization requests to a secure and auditable location. Page 43 of 61

44 2.46 Error messages should be standard and not provide information alluding to the reason for the error allowing an attacker to deduce effective attack methods Logs should not contain password information Copy and paste must not work for data entry when authenticating to the application All input fields must be validated to accept matching data types including case sensitivity where necessary All data entry fields must have input validation mechanisms to prevent cross-site scripting attacks Sensitive information must not be stored in a persistent cookie, or other location on the client computer that does not have enforceable access control mechanisms Any sensitive content sent to the client machine must not be cached, unless encrypted using approved methods. The application should set the proper directive to cause the client not to cache the sensitive data The solution should not present any sensitive information to unauthenticated users All data exchanges between the solution and other systems should be encrypted by an approved method The solution should only implement cryptographic functions selected from an approved list. Any cryptographic functions used that are not previously approved require an exception. Recommended algorithms (with minimum bit lengths), in order of preference, are: Hashing: SHA 512, SHA 256 or better Symmetric: AES256, AES192, AES128, 3 DES (168 bits), Blowfish(minimum 128 bits), Twofish (minimum 128 bits), IDEA (128 bits),and RC4 (128 bits) Public key: RSA(minimum 2048 bits) and DSA(minimum 2048 bits), ElGamal (minimum 2048 bits) Weak algorithms, such as MD5 or SHA1 should not be used Hashing should be salted and the values used for salting protected. Only the hashed and salted value should be stored. (Passwords should be encrypted) 2.57 All user activities and transactions such as printing, viewing, updates, inserts and other data manipulation should capture and log showing the date and time, user ID, session ID, the URL accessed and the source IP & remote IP. They should indicate the parameters necessary to uniquely identify the specific transactions done in the respective transaction tables. This should be implemented independently from the database audit trails. Logging & Auditing 2.58 The solution should collect and log the following application event logs: Page 44 of 61

45 Authentication successes and failures Authorization failures Session management failures Solution errors, alerts and events The solution start-ups and shut-downs, and logging initialization (starting and stopping) Use of higher-risk functionality e.g. addition or deletion of users, changes to privileges, creation and deletion of system-level objects e.t.c URL of the web page(s) accessed by a user for Internet facing applications Modifications to the application 2.59 The solution shall collect and log the database events showing the following information at a minimum: Application User-id Date & Time of event The source and remote IP address Type of event/action performed by the user Module accessed by the user Success or failure of the event Source of the event Before and after values (where applicable, i.e. master files) Account creation, lockouts, modification, or deletion Modifications of privileges and access controls 2.60 The solution should corelate application activity logs and database transactions. That is for every database transaction, it should be possible to explicitly identify the application activity responsible Every change to a database record should be identifiable to an application user with a record of the time of activity and type of operation on the record i.e. insert, update or delete A violation log must exist to track any attempted unauthorized access to the application and should bear the following information: URL accessed by the user Particular activity intended/attempted by the user Particulars sufficent to identify targeted transactions if available Workstation-id or IP address of access Date & Time of event 2.63 All updates, inserts and deletes must be clearly traceable to an application user with corresponding time and source information (IP, module and function) The solution should provide an interface to view and generate reports of the logs All valid and failed login attempts must be logged with meaningful information that is actionable for investigative purposes if fraud is detected. However, passwords must not be logged All password recovery reset attempts must be logged with meaningful information that is actionable for Page 45 of 61

46 investigative purposes if fraud is detected All user and account management changes and attempts such as granting of roles and profiles, deactivation of users e.t.c. must be logged and should include at minimum the following information: user effecting the changes, date and time stamp, IP address used, user affected 2.68 Database audit trails should be present for all dynamic and static tables of interest, e.g. Parameter tables, Transaction Tables, etc All data entry and manipulations must be done through the application interfaces and never directly to the database. 2.7 Where data is supplied to the application from an authoritative source, the application must NOT allow users to modify this data Reference data should not be altered by users in subsequent transactions Sensitive information should NOT be stored in hidden fields if the application is web-based 2.73 If the application connects to a database, application server, or any system that utilizes application IDs, it is using an account that has been granted access to only objects and functions needed for operation of the application. The application does NOT connect to a database as a privileged user, such as the SA account in SQL Server or SYSTEM account in Oracle etc If the system directly faces the Internet, it does NOT store or cache confidential data. This includes file uploads and downloads, source code, etc The solution should have mechanisms/controls to guard against URL manipulation and/or targeted URL attacks The solution should have mechanisms to guard against user impersonations The solution should allow identified functions to be accessible from restricted networks The system shall generate a user id in the following format: The user id generated for internal users must start with a character and accept combination of numbers and text and conform to length set in parameters table. If the first letter concatenated with numbers are less than the length required then the system should padd the length with zeros in between Page 46 of 61

47 SECTION VI - SCHEDULE OF REQUIREMENTS (a) Procurement Item No. Description Quantity Delivery schedule (shipment) In Weeks/months from 1 Supply, Delivery, Installation, implementation and Commissioning of an Enterprise Resource Planning Solution LOT 4 weeks after issuance of LPO (b) (i) Instructions on Submission of Bids The Tenderer must submit a two-envelope bid in the following format: TECHNICAL PROPOSAL THE ORDER GIVEN: comprising of the following documents PRESENTED IN Section A B C D E F G H I J K L Document Tender Notice/Invitation to Tender Confirmation of Submission of 2-envelope Bid Tender Security Confidential Business Questionnaire Power of Attorney Certificate of Incorporation Manufacturer s Authorization Key Staff Competency Profiles Last 3 years Audited Accounts and Last 6 months certified bank statements Statement of Qualification/Eligibility and Experience Details of Five Major Clients, three of which must be comparable to Kenya Revenue Authority in terms of size and sector Tax Compliance Certificate M Clause-by-Clause response for the requirements in Section V (pages 23-45) Presentation of the above documents in any other order will be treated as NON- RESPONSIVE FINANCIAL: PROPOSAL- comprising of: Page 47 of 61

48 Tender Form and Price Schedules (only) (ii) Sealing and Marking of Bids: The inner envelopes should be clearly marked as follows: ORIGINAL TECHNICAL A KRA/HQS/ICB-001/ COPY TECHNICAL B KRA/HQS/ ICB-001/ ORIGINAL FINANCIAL A KRA/HQS/ICB-001/ COPY FINANCIAL B KRA/HQS/ICB-001/ The envelopes shall then be sealed in an outer envelope. The inner and outer envelopes shall be addressed to: Commissioner General Kenya Revenue Authority P.O Box 48240, Nairobi. (c) Tender Responsiveness Criteria The following criteria will be used in the evaluation of all bids. The submission of the required documents will be used in the determination of the Completeness and suitability of the Bid. Bids that do not contain all the information required will be declared non responsive and shall not be evaluated further. Description of Criteria 1. Submission of Tender Documents Two envelope bid Power of Attorney 1 Bid security Manufacturer s authorization/accreditation for ERP implementation 2. Company Profile Attach copy of Registration of Business/Certificate of Incorporation Duly filled and signed Confidential Business Questionnaire 3. Managerial and Key Personnel Competency Profiles Attach: Organization structure of the implementation team CVs inclusive of relevant technical experience of key staff in relation to all modules of the proposed solution. 4. Proposed Methodology Implementation Approach, Methodology and Work Plan as required in this tender. 5. Experience Experience in procurement item as required in this tender document. Reference Sites/clients relevant to this project (details of five major clients, three of which must be comparable to Kenya Revenue Authority in terms of size and sector. Include a brief of work done or services rendered, value of contracts, and contact person phone number and addresses). Please refer to the experience checklist in Section Bidder to attach documentary proof of authority to sign the bid documents on behalf of the bidder. Page 48 of 61

49 6. Financial Resources Audited financial accounts for the past three years 7. Social Obligations Submit certificate of compliance for the following; Valid Tax Compliance Certificate 2 (d) Vendor Evaluation Criteria The following criteria will be used in the evaluation of all potential suppliers. The documents submitted will be evaluated for suitability and awarded marks which will contribute to a maximum 20% of the total tender evaluation. Description of Criteria Maximum Score Company Profile 2 Suitability of Service Provider Managerial and Key Personnel Competency Profiles 6 Organization structure of the implementation team CVs inclusive of relevant technical experience of key staff in relation to the procurement item Proposed Methodology Implementation Approach, Methodology and Work Plan as required 5 in this tender. Experience 7 Experience in procurement item as required in this tender document. Reference clients relevant to this project (at least three and include a brief of work done or services rendered, value of contracts, and contact person phone number and addresses). Please refer to the experience checklist in Section 5.4. Total Score 20 (e) Tender Evaluation Criteria The tender evaluation criteria is weighted as follows; - Criteria Maximum Score/Requirement Tender Responsiveness Mandatory Vendor Evaluation 20 Technical Specifications 60 Post qualification KRA shall make site visits to the bidders reference sites to confirm the authenticity of the sites and the scope of work done. Financial Evaluation 20 Totals A Current Certificate of Compliance should be sought from the KRA in the case of local suppliers or agents. International bidders will be required to swear an affidavit to the effect that they have complied with taxation requirements in their country. Page 49 of 61

50 SECTION VII - PRICE SCHEDULE FOR GOODS Name of tenderer Tender Number Page of Item Description Country of Origin Quantity Unit Price Total Price EXW per item (cols. 4x5) Taxes and Duties Payable Unit price of other incidental services payable 1 Supply, Delivery, Installation, implementation and Commissioning of an Enterprise Resource Planning Solution (lot) Note: In case of discrepancy between unit price and total, the unit price shall prevail. Tender's Signature Official Stamp Date 50

51 SECTION VIII - STANDARD FORMS Notes on the Sample Forms 1 Form of Tender- The form of tender must be completed by the tenderer and submitted with the tender documents. It must also be duly signed by duly authorized representatives of the tenderer. 2 Confidential Business Questionnaire Form - This form must be completed by the tenderer and submitted with the tender documents. 3 Tender Security Form- When required by the tender documents the tender shall provide the tender security either in the form included herein or in another format acceptable to the procuring entity. 4 Contract Form- The Contract Form shall not be completed by the tenderer at the time of submitting the tender. The Contract Form shall be completed after contract award and should incorporate the accepted contract price. 5 Performance Security Form- The performance security form should not be completed by the tenderers at the time of tender preparation. Only the successful tenderer will be required to provide performance security in the form provided herein or in another form acceptable to the procuring entity. 6 Bank Guarantee for Advance Payment Form- When Advance payment is requested for by the successful bidder and agreed by the procuring entity, this form must be completed fully and duly signed by the authorized officials of the bank. 7 Manufacturers Authorization Form- When required by the ender documents this form must be completed and submitted with the tender documents. This form will be completed by the manufacturer of the goods where the tenderer is an agent. 51

52 8.1 FORM OF TENDER To: KENYA REVENUE AUTHORITY P. O. BOX NAIROBI. Date Tender No. Gentlemen and/or Ladies: 1. Having examined the tender documents including Addenda Nos.. [insert numbers].the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply deliver, install and commission ( (insert equipment description) in conformity with the said tender documents for the sum of. (total tender amount in words and figures) or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Tender. 2. We undertake, if our Tender is accepted, to deliver install and commission the equipment in accordance with the delivery schedule specified in the Schedule of Requirements. 3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum of equivalent to percent of the Contract Price for the due performance of the Contract, in the form prescribed by..( Procuring entity). 4. We agree to a bid by this Tender for a period of [number] days from the date fixed for tender opening of the Instructions to tenderers, and it shall remain binding upon us and may be accepted at any time before the expiration of that period. 5. This Tender, together with your written acceptance thereof and your notification of award, shall constitute a Contract, between us. Subject to signing of the Contract by the parties. 6. We understand that you are not bound to accept the lowest or any tender you may receive. Dated this day of 20 [signature] [in the capacity of] Duly authorized to sign tender for an on behalf of Page 52 of 61

53 8.2 CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM You are requested to give the particulars indicated in Part 1; either Part 2(a), 2(b) or 2 (c) whichever applied to your type of business; and Part 3. You are advised that it is a serious offence to give false information on this form. Part 1 General 1.1 Business Name Location of Business Premises Plot No Street/Road.... Postal Address.. Tel No.. Fax. E mail. 1.4 Nature of Business, Registration Certificate No. 1.6 Maximum Value of Business which you can handle at any one time Kshs. 1.7 Name of your Bankers.. Branch Part 2 (a) Sole Proprietor 2a.1 Your Name in Full.. Age.. 2a.2 Nationality Country of Origin. Citizenship Details. Part 2 (b) Partnership 2b.1 Given details of Partners as follows: 2b.2 Name Nationality Citizenship Details Shares 1. 2 Page 53 of 61

54 Part 2 (c ) Registered Company 2c.1 Private or Public. 2c.2 State the Nominal and Issued Capital of Company- Nominal Kshs. Issued Kshs. 2c.3 Given details of all Directors as follows Name Nationality Citizenship Details Shares Part 3 Eligibility Status 3.1 Are you related to an Employee, Committee Member or Board Member of Kenya Revenue Authority? Yes No 3.2 If answer in 3.1 is YES give the relationship Does an Employee, Committee Member, Board Member of Kenya Revenue Authority sit in the Board of Directors or Management of your Organization, Subsidiaries or Joint Ventures? Yes No 3.4 If answer in 3.3 above is YES give details Has your Organization, Subsidiary Joint Venture or Sub-contractor been involved in the past directly or indirectly with a firm or any of its affiliates that have been engaged by Kenya Revenue Authority to provide consulting services for preparation of design, specifications and other documents to be used for procurement of the goods under this invitation? Page 54 of 61

55 Yes No 3.6 If answer in 3.5 above is YES give details Are you under a declaration of ineligibility for corrupt and fraudulent practices? YES No 3.8 If answer in 3.7 above is YES give details: Have you offered or given anything of value to influence the procurement process? Yes No 3.10 If answer in 3.9 above is YES give details..... I DECLARE that the information given on this form is correct to the best of my knowledge and belief. Date Signature of Candidate.. If a Kenya Citizen, indicate under Citizenship Details whether by Birth, Naturalization or registration. Page 55 of 61

56 8.4 CONTRACT FORM THIS AGREEMENT made the day of 20 between [name of Procurement entity) of.. [country of Procurement entity] (hereinafter called the Procuring entity) of the one part and.. [name of tenderer] of.. [city and country of tenderer] (hereinafter called the tenderer ) of the other part; WHEREAS the Procuring entity invited tenders for certain goods ] and has accepted a tender Page 56 of 61

57 by the tenderer for the supply of those goods in the sum of [contract price in words and figures] (hereinafter called the Contract Price). NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to: 2. The following documents shall be deemed to form and be read and construed as part of this Agreement viz: (a) the Tender Form and the Price Schedule submitted by the tenderer (b) the Schedule of Requirements (c ) the Technical Specifications (d) the General Conditions of Contract (e) the Special Conditions of contract; and (f ) the Procuring entity s Notification of Award 3. In consideration of the payments to be made by the Procuring entity to the tenderer as hereinafter mentioned, the tender hereby covenants with the Procuring entity to provide the goods and to remedy defects therein in conformity in all respects with the provisions of the Contract 4. The Procuring entity hereby covenants to pay the tenderer in consideration of the provisions of the goods and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the contract. IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with their respective laws the day and year first above written. Signed, sealed, delivered by the (for the Procuring entity Signed, sealed, delivered by the (for the tenderer in the presence of (Amend accordingly if provided by Insurance Company) Page 57 of 61

58 8.5 PERFORMANCE SECURITY FORM To Kenya Revenue Authority WHEREAS [name of tenderer] (hereinafter called the tenderer ) has undertaken, in pursuance of Contract No. [reference number of the contract] dated 20 to supply [description of goods] (hereinafter called the Contract ). AND WHEREAS it has been stipulated by you in the said Contract that the tenderer shall furnish you with a bank guarantee by a reputable bank for the sum specified therein as security for compliance with the Tenderer s performance obligations in accordance with the Contract. AND WHEREAS we have agreed to give the tenderer a guarantee: THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the tenderer, up to a total of. [amount of the guarantee in words and figure] and we undertake to pay you, upon your first written demand declaring the tenderer to be in default under the Contract and without cavil or argument, any sum or sums within the limits of.. [amount of guarantee] as aforesaid, without you needing to prove or to show grounds or reasons for your demand or the sum specified therein. This guarantee is valid until the day of 20 Signed and seal of the Guarantors [name of bank or financial institution] [address] [date] Page 58 of 61

59 8.6 BANK GUARANTEE FOR ADVANCE PAYMENT FORM To Kenya Revenue Authority [name of tender].. Gentlemen and/or Ladies: In accordance with the payment provision included in the Special Conditions of Contract, which amends the General Conditions of Contract to provide for advance payment,. [name and address of tenderer](hereinafter called the tenderer ) shall deposit with the Procuring entity a bank guarantee to guarantee its proper and faithful performance under the said Clause of the Contract in an amount of. [amount of guarantee in figures and words]. We, the. [bank or financial institutions], as instructed by the tenderer, agree unconditionally and irrevocably to guarantee as primary obligator and not as surety merely, the payment to the Procuring entity on its first demand without whatsoever right of objection on our part and without its first claim to the tenderer, in the amount not exceeding [amount of guarantee in figures and words] We further agree that no change or addition to or other modification of the terms of the Contract to be performed there-under or of any of the Contract documents which may be made between the Procuring entity and the tenderer, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition, or modification. This guarantee shall remain valid in full effect from the date of the advance payment received by the tenderer under the Contract until [Date]. Yours truly, Signature and seal of the Guarantors [name of bank or financial institution] [address] [date] Page 59 of 61

60 8.7 MANUFACTURER S AUTHORIZATION FORM To Kenya Revenue Authority WHEREAS [name of the manufacturer] who are established and reputable manufacturers of.. [name and/or description of the goods] having factories at [address of factory] do hereby authorize [name and address of Agent] to submit a tender, and subsequently negotiate and sign the Contract with you against tender No.. [reference of the Tender] for the above goods manufactured by us. We hereby extend our full guarantee and warranty as per the General Conditions of Contract for the goods offered for supply by the above firm against this Invitation for Tenders. [signature for and on behalf of manufacturer] Note: This letter of authority should be on the letterhead of the Manufacturer and should be signed by a person competent. Page 60 of 61

61 LETTER OF NOTIFICATION OF AWARD Kenya Revenue Authority P.O Box , Nairobi,. To: RE: Tender No. Tender Name This is to notify that the contract/s stated below under the above mentioned tender have been awarded to you. 1. Please acknowledge receipt of this Letter of Notification signifying your Acceptance. 2. The Contract/contracts shall be signed by the parties within 30 days of the date of this letter but not earlier than 14 days from the date of the letter. 3. You may contact the officer(s) whose particulars appear below on the subject matter of this Letter of Notification of Award. Deputy commissioner, Procurement & Supplies Services, Haile Selassie Avenue, Times Tower, 25 th Floor Telephone: Facsimile: FOR: Commissioner-General Page 61 of 61