NTZDC-QT-20-2021-2022 Environmental Audit Kipchabo Tea Factory

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ISO 9001:2008

NTZDC/QT/20/2021/2022 – PROVISION OF ENVIRONMENTAL AUDIT


KIPCHABO TEA FACTORY LTD
P.O. BOX 1157-30300
KAPSABET

C/O NYAYO TEA ZONES DEVELOPMENT CORPORATION,

P.O BOX 48552-00100,

NAIROBI.

Email Address: [email protected]

NTZDC/QT/20/2021/2022

PROVISION OF ENVIRONMENTAL AUDIT SERVICE

REQUEST FOR QUOTATIONS (RFQ)

To: **************

From: Kipchabo Tea Factory Ltd

Provision of Environmental Audit

NTZDC/QT/20/2021/2022

1. The Nyayo Tea Zones Development Corporation invites you to submit quotations for supply of
goods indicated in detail in “Table A. Schedule of Requirements and Specifications”. The
quotation shall follow the instructions and documents in this RFQ document and shall be in
English Language. Tenderers may obtain further information during office hours 0800 to 1700
hours at the address given below.
2. Quotations shall be submitted in accordance with the instruction in Part 1: Quotation
Procedures and in a sealed envelope clearly indicating name and address of tenderer, the
quotation name and title and must reach the Procuring Entity at the address indicated below
not later than 16th August 2021. Quotations can be delivered by registered mail, courier, or
hand delivery at the tenderer's option. Late quotations shall be rejected.
3. Enquiries regarding this quotation may be addressed to:
Procurement Manager
Nyayo Tea Zones Development Corporation
P.O Box 48552-00100

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NAIROBI
[email protected]
4. Any resulting contract shall be subject to the terms and conditions detailed in Part 3:
Contract.
5. Please inform by email or express mail the undersigned within Two (2) days of receipt of this
RFQ if you will not be submitting a quotation.

Address for Submission of Quotation

Nyayo Tea Zones Development Corporation,

P.O BOX 48552-00100 NAIROBI

Kenyatta Avenue street, 11th floor of Nyayo House

Yours sincerely,

9/8/2021

Procurement Manager

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PART 1: INSTRUCTIONS TO TENDERERS

1. Tenderers are advised to read carefully these instructions and the Conditions of Contract in
Part 3: Contract, before preparing the quotation. The standard forms in this RFQ may be
photocopied for completion but the Tenderer is responsible for their accurate reproduction.
The term Tenderer shall mean the firm or person invited to submit a quotation. The term
Quotation herein shall mean the quotation submitted as usually understood in public
procurement.
2. Validity of Quotations: The quotation will be held valid for 30 days from the date of submission.
3. The Quotation shall consist of completed Tables A, B and C and the Form of Quotation all
indicated in Part 2 of this Request for Quotations, and documents to evidence Eligibility and
Conformity to Technical Specifications.
4. Sealing and Marking of Quotations: Quotations in one “one original” should be sealed in a
single envelope, clearly marked with the Quotation Reference Number in the RFQ, the
Tenderer's name and the name of the Procuring Entity. Envelopes should be sealed in such a
manner that opening and resealing cannot be achieved undetected.
5. Submission of Quotations: Quotations, and any alternatives if allowed as per Item 11 below,
should be submitted to the address below, on or before the date and time indicated in sub-
item 4 below. Late quotations will be rejected.

Address for Submission of Quotations.

1) Nyayo Tea Zones Development Corporation

2) P.O BOX 48552-00100 NAIROBI (Att. Procurement Manager)

3) Quotation Box located at the Kenyatta Avenue street, 11 th floor of Nyayo House, Nyayo Tea
Zones Development Corporation, P. O. Box 48552-00100, NAIROBI,

4) Date of Submission (deadline): 28th June 2021.

Time of Submission (deadline): 12.00 pm

6. Opening of Quotations: Quotations will be opened immediately after the closing date and time
specified in item 5 (4) above, by at least three appointed officials of the Procuring Entity.
7. Tenderer Eligibility: Tenderer must submit Documentary evidence to show His/her eligibility to
be awarded a contract to cover each of the following: (i) valid trading license (ii) certificate of
registration, and (iii) valid tax compliance certificate for the previous Financial Year. (iv) AGPO
Certificate (where applicable). The Tenderer shall also complete attached forms to confirm
eligibility and non-existence of a conflict of interest in relation to this procurement
requirement by signing the attached Forms.
8. Invitation not transferable: This invitation is not transferable to other firms or individuals not
so invited.
9. Goods Eligibility: Tenderer must submit as evidence documents to show the country of origin
of any goods to be supplied or incorporated in the work or services.
10. Technical Specifications: Documentary evidence to show that the goods meet the technical
specifications.

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11. Alternative Quotations: Tenderers are not permitted to submit alternative quotations for
goods. Only the alternatives, if any, of the Tenderer with the winning quotation conforming to
the basic technical requirements shall be considered by the Procuring Entity.
12. Currency: Quotations shall be priced in Kenya Shillings. Quotations in other currencies will be
rejected if not allowed.

The Procuring Entity shall not allow quotations in foreign currency.

13. Evaluation of Quotations: The evaluation of quotations will be conducted using the procedure
set out below:

i) Preliminary examination to determine Tenderer eligibility: (i) valid trading license (ii)
certificate of registration, and (iii) tax compliance certificate (iv) valid AGPO Certificate
(where applicable)

ii) Technical examination to determine goods eligibility, compliance with technical


specifications and commercial responsiveness. Quotations failing this stage will be rejected and
not considered in next stage.

iii) Financial comparison of quotations to determine the lowest evaluated quotation. In case
foreign currency is allowed, for comparison purposes only, foreign currency quotations will be
converted to Kenya shillings using the exchange rates published by the Central Bank of Kenya
on the day of submission of quotations.

14. Lowest Evaluated Quotation: The lowest evaluated quotation shall be recommended for award
of contract.
15. Award of contract: Award of contract shall be by placement of a Letter of Acceptance or Local
Purchase Order in accordance with Part 3: Contract. The currency of award and payment shall
be currency in which the quotation was submitted. Unsuccessful tenderers who responded will
be notified of the accepted quotation, indicating the name and the amount of the accepted
quotation
16. Right to Reject: The Procuring Entity reserves the right to accept or reject any quotation or to
cancel the quotation process and reject all quotations at any time prior to contract award.

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QUOTATION AND QUALIFICATION DOCUMENTS

Instructions to Tenderer. Tenderer must complete and submit as part of the Form of quotation.

(i) SCHEDULE OF REQUIREMENTS TABLE

(ii) FORM FOR DISCLOSURE OF INTEREST

(iii) CERTIFICATE OF INDEPENDENT QUOTATION DETERMINATION

(iv) SELF-DECLARATION FORM

(v) FOREIGN TENDERER 40% RULE (where provided)

FORM OF QUOTATION [To be completed by Tenderer]

Quotation Addressed to (Procuring Entity)


Date of Quotation
Quotation Reference Number
Subject of Quotation

1. We have examined and have no reservations to the Request for Quotation document and
understand its full content and intent.
2. In compliance with your request for quotations dated , referenced above,
we offer to (specify one
of supply goods, complete the works or provide the services) to cover and conform to our
pricing listed in the attached in Table B. Quotation Submission TABLE at a total price of Kenya
Shillings (in words) OR in
Foreign Currency (if allowed), Currency amount (in words)

3. We confirm that we are eligible to participate in public procurement and meet the eligibility
criteria specified in Part 1: INSTRUCTIONS TO TENDERERS.
4. We also confirm that the (goods to
be supplied/works to be constructed/services to be provided (select one) conform to the
SCHEDULE OF REQUIREMENTS TABLE below and in conformity with technical specifications
listed in PART 2: SCHEDULE OF REQUIREMENTS of this RFQ Document.
5. We undertake to adhere by the Code of Ethical Conduct for Suppliers, Contractors and Service
Providers, copy available from (specify
website) during the procurement process and the execution of any resulting contract.
6. We confirm that the prices quoted are fixed and firm for the duration of the validity period and
performance of the contract and will not be subject to revision or variation.
7. The validity period of our quotation is: 30 ( Thirty) days from the time and date of the
submission deadline.
8. We confirm we are not submitting any other Quotation as an individual or firm, and we are not
participating in any other Quotation as a Joint Venture member or as a subcontractor.
9. We, along with any of our subcontractors, suppliers, Engineer, manufacturers, or service
providers for any part of the contract, are not subject to, and not controlled by any entity or

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individual that is subject to a temporary suspension or a debarment imposed by the Public
Procurement Regulatory Authority or any other entity of the Government of Kenya, or any
international organization.
10. We hereby certify that we have taken steps to ensure that no person acting for us or on our
behalf engages in any type of Fraud and Corruption.
11. We hereby certify and confirm that the Quotation is genuine, non-collusive and made with the
intention of accepting the contract if awarded. To this effect we have signed the “Certificate of
Independent Quotation Determination” attached below.
12. We, the Tenderer, have completed fully and signed the FORM FOR DISCLOSURE OF INTEREST-
interest of the firm in the Procuring Entity, attached below.

The Delivery/Completion period offered is: from date of


acceptance of Quotation. The warranty period offered is weeks.

Quotation Authorized by:

Name and designation …………………………………………………………………………………………….

Signature: ………………………………………………………………………………………………

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i) SCHEDULE OF REQUIREMENTS TABLE

(Procuring Entity will complete the list of items to be same as those on Part 2 Table A. Schedule of
Requirements and Technical Specifications and tenderer should complete columns D and E).

No. Item Item Description Qty Unit Price Total Price in


Ksh.(inc. 16%
vat)
1 Annual Environmental Audit
for Kipchabo Tea Factory
Total price in Ksh (inc. 16% vat)

NB: To be done at Kipchabo Tea Factory in Nandi County

Signature…………………………………………………………………………………………………………………..

And seal/ Stamp……………………………………………………………………………………………………….

Name :…………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………………….

Position:

Authorized for and on behalf of ( specify name of the tenderer)……………………………………………………………

Date ………………………………………………………………………………………………………….

ii) FORM FOR DISCLOSURE OF INTEREST - Interest of the Firm in the Procuring Entity.

i) Are there any person/persons in Nyayo Tea Zones Development Corporation who has/have
an interest or relationship in this firm? Yes/No………………………………………………………

If yes, provide details as follows.

Name of persons Designation in the procuring entity Interest or relationship with


tenderer
1
2
3

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ii) Conflict of interest disclosure

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iii) Certification

On behalf of the Tenderer, I certify that the information given above is complete, current and accurate
as at the date of submission.

Full Name……………………………………………………………………………………………………………………………………………..

Title or Designation…………………………………………………………………………………………………………………………………

………………………………………………………………….. …………………………………………………..

(Signature) (Date)

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iv) CERTIFICATE OF INDEPENDENT QUOTATION DETERMINATION

I, the undersigned, in submitting the accompanying Letter of quotation to the

___________________________________ [Name of Procuring Entity] for:


__________________________[Name and number of quotation] in response to the request for
tenders made by: [ Name of Tenderer] do hereby make the
following statements that I certify to be true and complete in every respect:

I certify, on behalf of [Name of Tenderer] that:

1. I have read and I understand the contents of this Certificate;


2. I understand that the Tenderer will be disqualified if this Certificate is found not to be true and
complete in every respect;
3. I am the authorized representative of the Tenderer with authority to sign this Certificate, and
to submit the quotation on behalf of the Tenderer;
4. For the purposes of this Certificate and the quotation, I understand that the word “competitor”
shall include any individual or organization, other than the Tenderer, whether or not affiliated
with the Tenderer, who:
a) has been requested to submit a quotation in response to this request for quotations;
b) could potentially submit a quotation in response to this request for quotations based on
their qualifications, abilities or experience;

5. The Tenderer discloses that [check one of the following, as applicable]:


a) The Tenderer has arrived at the quotation independently from, and without consultation,
communication, agreement or arrangement with, any competitor;
b) the Tenderer has entered into consultations, communications, agreements or
arrangements with one or more competitors regarding this request for quotations, and the
Tenderer discloses, in the attached document(s), complete details thereof, including the
names of the competitors and the nature of, and reasons for, such consultations,
communications, agreements or arrangements;
6. In particular, without limiting the generality of paragraphs (5)(a) or (5)(b) above, there has been
no consultation, communication, agreement or arrangement with any competitor regarding:
a) prices;
b) methods, factors or formulas used to calculate prices;
c) the intention or decision to submit, or not to submit, a quotation; or
d) the submission of a quotation which does not meet the specifications of the request for
quotations; except as specifically disclosed pursuant to paragraph (5) (b) above;
7. In addition, there has been no consultation, communication, agreement or arrangement with
any competitor regarding the quality, quantity, specifications or delivery particulars of the
works or services to which this request for tenders relates, except as specifically authorized by
the procuring authority or as specifically disclosed pursuant to paragraph (5)(b) above;

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8. the terms of the quotation have not been, and will not be, knowingly disclosed by the
Tenderer, directly or indirectly, to any competitor, prior to the date and time of the official
quotation opening, or of the awarding of the Contract, whichever comes first, unless otherwise
required by law or as specifically disclosed pursuant to paragraph (5)(b) above.

Name…………………………………………………………………………………………………………………….

Title………………………………………………………………………………………………………………………

Date……………………………………………………………………………………………………………………..

[Name, title and signature of authorized agent of Tenderer and Date]

v) SELF-DECLARATION FORM

We, the Tenderer ( insert


name) submitting our Quotation in respect of Quotation No f or
( insert
quotation Title Description) for ( insert Name of Procuring Entity)

DECLARE AS FOLLOWS:

That, We the Tenderer including any entity or individual that directly or indirectly controls, is controlled
by or is under common control with us, and any subcontractors, suppliers, project managers,
consultants, manufacturers, service providers, agents, individuals, or any other party involved or to be
involved for any part of the processes of procurement and contract execution related to the above
quotation:

A) have not engaged/will not engage in any corrupt or fraudulent practices in the processes of
procurement and contract execution related to the above quotation as defined and/or
described in the following:
i) the RFQ for the above Quotation;
ii) Kenya's Public Procurement and Asset Disposal Act, 2015) and its attendant
Regulations;
iii) Kenya's Anti-Corruption and Economic Crimes Act, 2013; and
iv) any such other Acts or Regulations of Government of Kenya;
B) have not offered/will not offer any inducement to any member of the board, management,
staff and/or employees and/or agents of ……………………………………………………………………………………
(name of the procuring entity)
C) have not engaged/will not engage in any collusive or corrosive practice with other tenderers
participating in the subject quotation;
D) have not been sanctioned or debarred by any entity from participation in public procurement
proceedings of Kenya.

That, what is deponed to herein above is true to the best of our knowledge, information and belief.

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Name of the Tenderer: .....................................................................................[insert complete name of
tenderer signing the quotation]

Name of the person duly authorized to sign the quotation on behalf of the
Tenderer: .................................................................................[insert complete name of person duly
authorized to sign the quotation]

Title of the person signing the Quotation: ..............................................................[insert complete title


of the person signing the quotation

Signature of the person named above: ....................................................................[insert signature of


person whose name and capacity are shown above]

vi) FOREIGN TENDERER 40% RULE

(not to be included in the RFQ for supply of goods, supply and installation of plant and equipment,
insurance, purchase of property, and other RFQ where this rule may not be practical).

Pursuant to the provisions in the Public Procurement and Disposal Act, 2015, a Foreign Tenderer must
complete this form to demonstrate that the quotation fulfils this condition.

Item Description of work Item Describe location of Cost in Ksh. Comments, if any
source
A Local labor
1
2
3
4
5
6
7
8
B
1
2
3
4
5
6
C Local materials
1
2
3
4
5
D
1

12
2
3
4
E
1
2
3
4
5
Total Cost Of Local Content
Percentage of contract price

PART 2: SCHEDULE OF REQUIREMENTS

TABLE A. SCHEDULE OF REQUIREMENTS, TECHNICAL SPECIFICATIONS

Table A. SCHEDULE OF REQUIREMENTS AND TECHNICAL SPECIFICATIONS

[Procuring Entity to complete Columns a-d and Tenderer to complete Column Indicating YES or No and if
NO indicate the specification of the offered item]

No. Item Description Qty Technical Conformity with technical


Item specification specifications (to be
completed by the tenderer
1 Environmental Audit for
Kipchabo Tea Factory

a) A preliminary description of the proposed works/services and work method and schedule,
including drawings and charts, as necessary, containing all required information by which the
proposed works may be evaluated (e.g. technical characteristics, operational capacities,
maintenance, environmental effect, etc.) together with manuals or instructions for use or any
other relevant information and documentation, delivery/installation schedules, etc.;
b) A detailed statement of how the tenderer will carry out the works/services that will form an
integral part of the Contract.
c) DRAWINGS

(Procuring Entity to attach Drawings (if any)

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TABLE B. SCHEDULE OF REQUIREMENTS TABLE

(Procuring Entity will complete the list of items to be same as those on Table A. Schedule of
Requirements and Technical Specifications and tenderer should complete columns c-e)

No. Item Item Qty Unit price Total Price (inc. 16% vat)
Description
1 Environmental Audit for
Kipchabo Tea Factory
Total Price (inc. 16%vat)

Signature…………………………………………………………………………………………………………………..

And seal/ Stamp……………………………………………………………………………………………………….

Name :…………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………………….

Position:

Authorized for and on behalf of (specify name of the tenderer)……………………………………………………………

Date ………………………………………………………………………………………………………….

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PART 3: CONTRACT

CONTRACT AGREEMENT

(1) THIS CONTRACTAGREEMENT is made ……………………………………………………(specify date).


Between…………………………………………………..[Insert complete name of Procuring Entity], and
having its principal place of Business …………………………………………………………………………..[Insert
address of Procuring Entity] and…………………………………………………………………………………..[Insert
name of Supplier, or contractor or service provider], and having its principal place of business
at ………………………………………………………………………………….[insert address of Supplier, contractor
or service provider].
(2) WHEREAS the Procuring Entity invited quotations for the Supply of Goods/works/services
(select one) described in Table B, i.e………………………………………………………………………………..[insert
brief description of Goods, works and Services] and has accepted a Quotation by the Tenderer
in the sum of……………………………………………………………………………………………………………………..[insert
Contract Price in words and figures] (hereinafter called “the Contract Price”).
(3) NOW THIS AGREEMENT WITNESSED AS FOLLOWS:
1. This Contract Agreement includes the following documents:
a) Table A. SCHEDULE OF REQUIREMENTS AND TECHNICAL SPECIFICATIONS.
b) Table B. QUOTATION SUBMISSION TABLE.
c) FORM OF QUOTATION.
d) Conditions of Contract.
2. In consideration of the payments to be made by the Procuring Entity to the
Supplier/contractor/service provider as hereinafter mentioned, the
Supplier/contractor/service provider hereby covenants with the Procuring Entity to provide
the Goods/works/services and to remedy defects therein in conformity in all respects with
the provisions of the Contract.
3. The Procuring Entity hereby covenants to pay the Supplier/Contractor/service provider
(select one) in consideration of the provision of the Goods/works/services (select one) 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.
4. In WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of Kenya.

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For and on behalf of the Procuring Entity

Signed: .....................................................[insert signature]

in the capacity of.....................................................[insert title or other appropriate designation]

in the presence of..................................................... [insert identification of official witness]

For and on behalf of the Supplier/Contractor/Service Provider (select one)

Signed: .....................................................[insert signature of authorized representative(s) of the


Supplier]

in the capacity of..................................................... [insert title or other appropriate designation]

in the presence of..................................................... [insert identification of official witness]

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CONDITIONS OF THE CONTRACT

1. Language

The Contract as well as all correspondence and documents relating to the Contract exchanged by the
Supplier/Contractor/Service Provider (select one) Provider and the Procuring Entity, shall be written in
the English Language.

2. Eligibility

The goods shall have the nationality of an eligible country. All Goods and Related Services to be
supplied under the Contract shall have their origin in Eligible Countries.

3. Notices

Any notice given by one party to the other pursuant to the Contract shall be in writing.

4. Governing Law

The Contract shall be governed by and interpreted in accordance with the Laws of Kenya, unless
otherwise specified hereunder.

5. Settlement of Disputes

The Procuring Entity and the Supplier/Contractor/Service (select one) shall make every effort to resolve
amicably by direct informal negotiation any disagreement or dispute arising between them under or in
connection with the Contract. If the parties have failed to resolve their dispute or difference by such
mutual consultation, either the Procuring Entity or the Supplier/Contractor/Service (select one) may
give notice to the other party of its intention to commence arbitration. The dispute shall be referred to
adjudication or arbitration in accordance with the laws of Kenya.

6. Supplier/Contractor/Service Provider Responsibilities

The Supplier/Contractor/Service Provider (select one) shall supply all the Goods included in the
Schedule of Requirements.

7. Contract Price

Prices charged by the Supplier/Contractor/Service Provider (select one) under the Contract shall not
vary from the prices quoted by the Supplier/Contractor/Service Provider (select one) in its quotation.

8. Terms of Payment

The Contract Price shall be paid One hundred (100) percent of the Contract Price as follows (select
one):

i) For Goods, price of goods received upon submission of a claim/invoice supported by the
acceptance certificate issued by the Procuring Entity.
ii) For Works, upon valuation by the Contractor of the portion of the works completed, such
valuation to be accepted by the Procuring Entity, payments up to final completion
certificate.

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iii) For Services, upon valuation by the Service Provider of the services completed, such valuation to be
accepted by the Procuring Entity, payments up to final completion certificate

9. Inspections and Tests

The Supplier/Contractor/Service Provider (select one) shall at its own expense and at no cost to the
Procuring Entity carry out all such tests and/or inspections of the Goods, works or Services to confirm
their conformity to technical specifications.

10. Warranty

The Supplier warrants that all the Goods are new, unused, and of the most recent or current models,
and that they incorporate all recent improvements in design and materials, unless provided otherwise
in the contract.

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