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1. as C TOM CN eA cee RI NB f a Kenya Citizen indicate under Citizenship Details whether by Birth Naturalization or Registration Mandatory Part 3 a Pursuant to section 33 1 and 33 2 of the public procurement Act 2005 and section 26 of the Regulations 2006 This must be signed by all Directors Partner s Sole Proprietor of the Company 1 we Director s of Company Firm reo eaa o eo eni ee bk eee ee us hereby declare that I we are not a board member employee or even a relative to any employee of Kenyatta National Hospital Given details of partners Directors Sole proprietor as follows Name Nationality Citizenship Details Signature Mandatory Part 3 b Pursuant to section 115 of the Public Procurement and Disposal Act 2005 I we the Directors Partners Sole Proprietor of this Company Firm confirm that company EIE visos ius ee cil has not been debarred in Kenya not to Participate in any Tender Bidding in Kenya Name Nationality Citizenship Details Signature 2 3 4 ETE EET SIBI ceo ed Te e ERAN Vete Rs RR 46 8 4 TENDER SECURITY FORM bsc ET I UT name of the tend2. 49 COPY KENYATTA NATIONAL HOSPITAL TENDER DOCUMENT FOR SUPPLY DELIVERY INSTALLATION TESTING AND COMMISSIONING OF THEATRE EQUIPMENT ANAESTHETIC GAS DELIVERY SYSTEM u SURGERY OPERATING TABLE PHYSIOLOGICAL CARDIAC MONITOR PORTABLE LED EXAMINATION LAMP SYRINGE PUMP ADULT PAEDIATRIC VENTILATOR TENDER NO KNH T 62 2015 2016 PAGE INTRODUCTION 22 000 ER ee 3 SECTION I INVITATION TO TENDE 3 SECTION II INSTRUCTIONS TO TENDERERS 5 Appendix to Instructions to tenderers 17 SECTION III GENERAL CONDITIONS OF CONTRACT 19 SECTION IV SPECIAL CONDITIONS OF CONTRACT 24 SECTION V TECHNICAL SPECIFICATIONS 27 SECTION VI SCHEDULE OF REQUIREMENTS 34 SECTION VII PRICE SCHEDULE FOR GOODS 35 SECTION EVALUATION CRITERIA eee 36 SECTION STANDARD FORMS 2 27 8 1 FORM OF TENDER epis ether Fa 38 8 2 CONFIDENTIAL BUSINESS amp QUESTIONNAIRE FORM 39 8 3 TENDER SECURITY FORM ue uae 42 8 4 CONTRACT FORM Mikael 45 8 5 PERFORMANCE SECURITY 2 46 8 6 BANK QUARANTEE FOR ADVANC 47 8 7 MANUFACTURER S AUTHORIZATION 48 8 8 LETTER OF NOTIFICATION OF 49
3. tenderer may substitute alternative standards brand names and or catalogue numbers in its tender provided that it demonstrates to the Hospital s satisfaction that the substitutions ensure substantial equivalence to those designated in the Technical Specifications 2 14 Tender Security 2 14 1The tenderer shall furnish as part of its tender a tender security for the amount and form specified in the Appendix to Instructions to Tenderers 2 14 2The tender security shall be in the amount not exceeding 1 percent of the tender price 2 14 3The tender security is required to protect the Hospital against the risk of Tenderer s conduct which would warrant the security s forfeiture pursuant to paragraph 2 14 7 2 14 4 Any tender not secured in accordance with paragraph 2 14 1 and 2 14 3 will be rejected by the Hospital as non responsive pursuant to paragraph 2 22 2 14 5 Unsuccessful Tenderer s tender security will be discharged or returned as promptly as possible as but not later than thirty 30 days after the expiration of the period of tender validity prescribed by the Hospital 2 14 6The successful Tenderer s tender security will be discharged upon the tenderer signing the contract pursuant to paragraph 2 27 and furnishing the performance security pursuant to paragraph 2 28 2 14 7 The tender security may be forfeited a ifatenderer withdraws its tender during the period of tender validity specified by the Hospital on the Tender Form
4. CONTENTS KENYATTA NATIONALHOSPITAL Hospital Rd along Ngong Rd P O Box 20723 NAIROBI Tel 2726300 9 Fax 2725272 OPEN NATIONAL TENDER NOTICE Kenyatta National Hospital wishes to invite sealed tender for the listed item below from eligible candidates NO Tender No Description Closing date 1 KNH T 62 2015 2016 Tender Document for Supply Delivery 27 10 2015 Installation Testing and Commissioning of Theatre Equipment Tenders are open to all firms that are Manufacturers Agents or Stockists to bid and they are required to show authenticated evidence that they have recently satisfactorily carried out supplies similar to the ones proposed above Only firms that demonstrate their previous experience will have their tender considered The Hospital s Procurement and Stores Management Policy is Just In Time purchase and items will be bought as and when required The Hospital may award the whole tender or each of the items in the tender individually Tenderers should submit a two envelope bid marked ORIGINAL and COPY respectively as specified in the tender documents Tender documents with detailed Specifications and Conditions are obtainable from the KNH Website www knh or ke or https supplier treasury go ke IFMIS Portal Free of Charge or visit the office of the SAD Supply Chain Management located at the Hospital s Main Administration Block Room 6 from Monday to Friday between 9 00 a m to 4
5. d e 3 2 3 2 1 3 3 3 3 1 3 3 2 34 3 4 1 3 5 3 5 1 3 5 2 Definitions In this Contract the following terms shall be interpreted as indicated Contract means the agreement entered into between the Hospital 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 Contract Price means the price payable to the tenderer under the Contract for the full and proper performance of its contractual obligations The Goods means all of the equipment machinery and or other materials which the tenderer is required to supply to the Hospital under the Contract Hospital means the organization purchasing the Goods under this Contract Tenderer means the individual or firm supplying the Goods under this Contract Application These General Conditions shall apply in all Contracts made by the Hospital for the procurement installation and commissioning of equipment to the extent that they are not superceded by provisions of other part of contract Country of Origin For purposes of this clause Origin means the place where the Goods were mined grown or produced The origin of Goods and Services is distinct from the nationality of the tenderer and will be treated thus in the evaluation of the tender Standards The Goods supplied under this Contract shal
6. or b in the case of a successful tenderer if the tenderer fails 1 tosign the contract in accordance with paragraph 2 27 1 or ii to furnish performance security in accordance with paragraph 2 28 12 c Ifthe tenderer rejects correction of an arithmetic error in the tender 2 15 Validity of Tenders 2 15 1 Tenderers shall remain valid for 90 days or as specified in the tender documents after date of tender opening prescribed by the Hospital pursuant to paragraph 2 20 A tender valid for a shorter period shall be rejected by the Hospital as non responsive 2 15 2 In exceptional circumstances the Hospital 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 2 16 1 The tenderer shall prepare two copies of the tender clearly marking each ORIGINAL TENDER and OF TENDER as appropriate the event of any discrepancy between them the original shall govern 2 16 2 The original and all copies of the tender shall be typed or written in indelible ink and shall be signed by the tenderer or a person or persons duly authorized to bind the tenderer to the contrac
7. 00 p m upon payment of a non refundable fee of Kshs 1 000 00 per tender document in the form of Cash Bankers Cheque or made payable to Kenyatta National Hospital Bidders are required to download the tender documents from the website free of charge and immediately email their name and contact details cellphone number email and company name to procurementknh gmail com for records and communication of any tender clarifications and addenda Alternatively the completed tenders may be deposited in respective Tender Boxes as per the respective closing dates located at entrance of Main Administration Block ground floor Any tender document deposited in the wrong tender box shall be disqualified and returned to the tenderer Opening of submissions will be publicly conducted half an hour thereafter at a venue to be advised by the opening committee after opening and Tenderers or their representatives are invited to attend Prices shall be inclusive of all taxes and applicable duties transport and other incidental expenses and MUST remain valid for 120 days from the date of opening Samples and products information literature must be submitted where applicable to the office of the Senior Assistant Director Supply Chain Management Kenyatta National Hospital Latest one day before the closing date of the tender using sample submission form in the tender document FOR CHIEF EXECUTIVE OFFICER SECTIONH INSTRUCTIONS TO TENDERERS Table o
8. 2015 at 10 00am on the closing date of the tender 2 18 2 The Hospital 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 Hospital and candidates previously subject to the deadline will therefore be subject to the deadline as extended 2 18 3 Bulky tenders which will not fit in the tender box shall be received by the Hospital as provided for in the Appendix 2 19 Modification and Withdrawal of Tenders 2 19 1 The tenderer may modify or withdraw its tender after the tender s submission provided that written notice of the modification including substitution or withdrawal of the tenders is received by the Hospital prior to the deadline prescribed for submission of tenders 2 19 2 The Tenderer s modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph 2 17 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 2 19 3 No tender may be modified after the deadline for submission of tenders 2 19 4 No tender may be withdrawn in the interval between the deadline for submission of tenders and the expiration of the period of tender validity specified by the tenderer on the Tender Form Withdrawal of a tender during this interval may res
9. 2596 Right to award Contract The Hospital reserves the right to award the contract in whole or in part without any change in the Unit price or other terms and conditions 20 SECTION III GENERAL CONDITIONS OF CONTRACT Page 3 1 3 2 3 3 3 4 3 5 3 6 3 7 3 8 3 9 3 10 3 11 3 12 3 13 3 14 3 15 3 16 3 17 3 18 3 19 3 20 3 21 3 22 Table of Clauses DCU IONS e i ib ar E A ETR Uh 19 E T 19 Country of v RA a 19 SIGN ard PTT NH 19 Use of Contract Documents and Information 19 Patent RIG NS eet owe Ue o 20 Performance ses eoe tad EE UR 20 Inspection and ai et vds 20 PACKING icc er ob RE ES 21 Delivery and 21 21 oen cesa tas 21 EET 21 SERENO 21 SUD aus kal prt m adi 22 Termination for Default uir e M E RHET Es 22 l iguidated 22 Resolution of 22 Language e Rea E kata 22 Force ous vs 23 NOCES c 23 21 SECTION III GENERAL CONDITIONS OF CONTRACT 3 1 3 1 1 a b c
10. 7 2 26 8 2 26 9 2 27 2 2l 2 27 2 2 27 3 2 28 2 28 1 2 28 2 2 28 3 2 29 2 29 1 2 29 2 2 30 The Hospital may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination The Hosptial 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 A tenderer who gives false information in the tender document about it s qualification or who refuses to enter into a contract after notification of contract award shall be considered for debarment from participating in future public procurement Notification of Award Prior to the expiration of the period of tender validity the Hospital will notify the successful tenderer in writing that its tender has been accepted The notification of award will signify the formation of the Contract but will have to wait until the contract is finally signed by both parties Upon the successful Tenderer s furnishing of the performance security pursuant to paragraph 2 29 the Hospital will simultaneously inform the other tenderers that their tenders have not been successful Signing of Contract At the same time as the Hospital notifies the successful tenderer that its tender has been accepted the Hospital will simultaneously inform the other tenderers that their tenders have not been successful After f
11. air to allow delivery of air and or N2O as the gas carrier 3 0 Other terms and conditions e Supplier shall provide separate list and cost of consumables service kits and upgrading kits 7 Display In an integrated system of information and parameters alarms visual alarm messages appear on a central display furthermore audible and visual alarms are prioritized so that the more urgent alarm sounds and visual signals are associated with the more vital monitored variables 8 User adjustable settings 3l PHYSICAL CHARACTERISTICS UTILITY REQUIREMENTS 9 Electrical Power 240V AG 20 50 HZ ACCESSORIES CONSUMABLES SPARE PARTS OTHER COMPONENTS 10 With all relevant accessories including Autoclavable patient breathing system latex free Autoclavable Sensor 11 VAPORIZERS Halothane Sevofluorane Isofluorane 11 Movable trolley e with antistatic castors approx 12cm diameter with brakes e with built in drawer cabinets 12 MULTIGAS e THE ANAESTHETIC GAS MONITOR MONITOR SHOULD BE ABLE TO IDENTIFY AND MEASURE ALL ANAESTHETIC AGENTS 13 MONITOR Should be mounted on the anaesthetic machine Should be modular Should be able to measure and monitor at least all the patients Vital signs including SPOZ Non invasive blood pressure invasive 2 ports Respiration Temperature Heart rate ECG 14 VENTILATOR e Microprocessor controlled ventilator e The ventilat
12. as a percentage of the Contract price shall be 596 The performance security shall be denominated in Kenya Shillings and shall be in the form of a bankers cheque bank guarantee or irrevocable letter of credit issued by a reputable bank located in Kenya or bond from an insurance company 4 2 Payment Terms The method and conditions of payment to the tenderer under this contract shall be as follows 1 payment for the Goods shall be made Kenya shillings ii pavment for the Goods shall be made bv the Hospital s cheque iii there shall be no advance payment under this contract iv Payments will be made by the Hospital within Forty five 45 days after submission of an invoice and a statement or claim by the tenderer 4 3 Prices Prices quoted by the tenderer shall be fixed during the tenderers performance of the contract and not subject to variation on any account for the period of contract except due to statutory legislative requirement and foreign exchange fluctuations The Hospital will only absorb exchange rate fluctuations beyond 1046 of the Central Bank of Kenya CBK mean exchange rate at the date of bidding Unit price quoted shall be inclusive of all other charges incidental to the delivery of goods to our stores 4 4 Delivery and installation of equipment a Delivery and installation of equipment shall be made by the tenderer to the Hospital and in accordance with the time schedule prescribed by contract between
13. 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 Hospital will proceed to the next lowest evaluated tender to make a similar determination of that Tenderer s capabilities to perform satisfactorily Award Criteria The Hosptial 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 To qualify for contract awards the tenderer shall have the following a Necessary qualifications capability experience services equipment and facilities to provide what is being procured b Legal capacity to enter into a contract for procurement c Shall not be insolvent in receivership bankrupt or in the process of being wound up and is not the subject of legal proceedings relating to the foregoing d Shall not be debarred from participating in public procurement Hospitals Right to Accept or Reject Any or Tenders The Hospital reserves the right to accept or reject any tender and to annul the tendering process and reject all tenders at any time prior to contract award without thereby incurring any liability to the affected tenderer or tenderer of the grounds for the Hospital s action 17 2 26
14. in English language provided that any printed literature furnished by the tenderer may be written in another language provided they are accompanied by an accurate English translation of the relevant passages in which case for purposes of interpretation of the tender the English translation shall govern Documents Comprising the Tender The tender prepared by the tenderers shall comprise the following components a a Tender Form and a Price Schedule completed in accordance with paragraph 2 9 2 10 and 2 11 below b documentary evidence established in accordance with paragraph 2 12 that the tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted c documentary evidence established in accordance with paragraph 2 13 that the goods and ancillary services to be supplied by the tenderer are eligible goods and services and conform to the tender documents and d tender security furnished in accordance with paragraph 2 14 e Confidential Business Questionnaire Tender Form The tenderer shall complete the Form of Tender and the appropriate Price Schedule furnished in the tender documents indicating the equipment to be supplied installed and commissioned and a brief description of the equipment their country of origin quantity and prices Tender Prices The tenderer shall indicate on the appropriate Price Schedule the unit prices where applicable and total tender price of the equipment and in
15. 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 Hospital 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 involved in corrupt or fraudulent practices or debarred from participating in public procurement shall not be eligible Eligible Equipment equipment to be supplied and installed under the contract shall have their origin in eligible source countries For purposes of this clause means the place where the equipment s are produced Goods are produced when through manufacturing processing or substantial and major assembly of components a commercially recognized product results that is substantially different in basic characteristics or in purpose or utility from its components The origin of equipment is distinct from the nationality of the tenderer and shall be treated thus in the evaluation of the tender Cost of Tendering 2 3 The Tenderer shall bear all costs associated with the preparation and submission of its tender and the Hospital will in no case be responsible or liable for those costs regardless of the conduct or outcome of the tendering process 2 3 2 The price to be charged for the tender document shall not exceed Ksh 1000 00 2 3 3 The Hospital shall all
16. of up to18 9 Back plate Up Down 907 50 10 Leg plate downwards 100 11 Should be able to support Patient Weight At least 250 kg and above 12 Accessories The standard accessories for general surgery must be provided viz 34 Headrest Pair of leg plates Dual contoured arm boards Body strap Anaesthetic screen Stirrups and appropriate clamps 13 The supplier must provide Manufacturers authorization 14 The supplier must provide Manufacturers certificate of ISO 13084 Standard 15 The supplier must provide factory technical training for at least 2 weeks for 2 technicians 16 Supplier to provide all user operators manuals and service manual including parts list 17 Service tools Toolkits to be provided 3 TECHNICAL SPECIFICATIONS FOR PHYSIOLOGICAL CARDIAC MONITOR 35 a User Interface 1 Touch Screen Modular X2 with quick access menu and hard keys for easy use 2 Menu structure and fixed keys 3 Atleast waveforms including ECG SpO and RESP 4 Alarm levels Life threatening serious and advisory 5 Indicator LEDs power alarm charge b Standard Parameters 1 3 and 5leads ECG 2 Respiration 3 Heart Rate 4 Basic Arrhythmia SpO2 6 Pulse rate O1 7 Non Invasive Blood Pressure Temperature 9 At least 2 Invasive Blood Pressure measurements 10 ETCO2 Printer Inbuilt with up to 3 traces d Monitoring Capability Neonatal paediatric and adult applications EC
17. the Hospital and the parties in the Local Purchase Orders b If at any time during the performance of the Contract the tenderer should encounter conditions impeding timely delivery of the Goods the tenderer shall promptly notify the Hospital in writing of the fact of the delay its likely duration and its causes On receipt of the tenderer s notice the Hospital shall evaluate the situation and may at its discretion extend the tender s time for delivery with or without liquidated damages in which case the extension shall be ratified by the Hospital by amendment of the Local Purchase Order Except as provided under the General Conditions of contract paragraph 3 21 27 delay by the tenderer in the performance of its delivery obligations shall render the tenderer liable to the imposition of liquidated damages pursuant to paragraph 3 18 unless an extension of time is agreed upon pursuant to paragraph 2 b above without application of liquidated damages Upon delivery and completion of installation testing and commissioning and acceptance of the equipment the tenderer shall notify the Hospital and forward the following documents to the Hospital a Copies of the supplier invoice showing equipment description quantity unit price total amount and Local Purchase Order number LPO b Delivery note giving details as 1 above c Certificate of Origin d Duly certified commissioning document of the Hospital The Hospital w
18. 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 may be forfeited If there is a discrepancy between words and figures the amount in words will prevail The Hospital 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 Hospital 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 Hospital 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 reject
19. 2 3 4 5 Accessories Rated Voltage 240 V AC Rechargeable battery 2hrs operating time at 20ml hr Delivery rate 0 1 999 9ml hr adjustable in O 1ml hr increments Bolus 500 800ml hr Occlusion pressure alarm adjustable to low medium and high KVO rate 1 ml hr Selectable syringes 20ml and 50ml 60ml Each unit must be supplied with 1 2 3 4 5 Detachable I V pole clamp 50ml 60ml syringes 20 No 20ml syringes 50 No Operator Instruction Manual hard copy Technical Service Manual hard copy 6 TECHNICAL SPECIFICATIONS FOR ADULT PAEDIATRIC VENTILATOR a Power Requirement 37 1 Input power 240V AC 50Hz 2 Backup Rechargeable Battery with at least 2hrs working time b GasSupply 1 Oxygen supply pressure 3 4bar 2 AirSupply Integrated Turbine 3 Atleast 5 meters oxygen hose 4 British Standard oxygen probe c Ventilation i Modes 1 Controlled 2 SIMV with Pressure Support 3 Spontaneous CPAP 4 None Invasive Ventilation 5 Standby ii Parameters 1 Tidal Volume 20ml 2000ml 2 Frequency 0 80bpm 3 Pressure 10 90cmH O d User Interface 1 Screen Graphic electro illumines cent display 2 a b c d The ventilator must have an integrated nebulizer f Theventilator must have a humidifier g Accessories 1 2 3 h Training 1 Users 2 Biomedical Staff 38 Touch operation touch screen At least 12 inches 30 cm Displayed
20. G SpO Temp NIBP e Supplied with 1 Accessories for all specified parameters 2 Operator s Instruction Manual hard copy 3 Technical Service Manual hard copy 4 Warranty of at least 1 year f Mounting Option Wall Mount g Information Management Capabilities 1 Data storage 120 hours 2 Data resolution 60 seconds 3 Trend tables 1 5 15 30 or 60 minute 4 Trend graphs 1 2 4 8 or 12 hour display h Power Requirements 1 Rated Voltage 240V a c 50Hz 2 Battery type Rechargeable 3 Battery capacity 120 minutes i Standards IEC 60601 1 and applicable particular and collateral standards IEC 60601 1 Monitor should comply with Medical Devices Directive MDD 93 42 EEC and bear the CE mark 4 TECHNICAL SPECIFICATIONS FOR A MOBILE LED EXAMINATION LAMP 1 Should conform to Cold lamp LED Technology 2 Should have luminance of up to 3000 Lux at 50 cm distance and up to 1000 Lux at 1 36 3 4 5 metre Colour of up to 4000 K must have brakes 6 7 8 9 Illumination field of 20cm 50cm Should be mobile and monted on a pole base stand with 4 or 5 artistic castors two of which Height should be adjustable from 600mm to 1600 mm maximum Power Supply Mains 240v AC 10 at 50 HZ Conform to any of the I EC standards Training to user and operation manuals to be provided 10 Warranty period of atleast 1 year 5 TECHNICAL SPECIFICATIONS FOR SYRINGE PUMP a Power Input 1 2 b Performance 1
21. Monitored Values Inspired volumes Expired volumes Actual I E ratios Graphs and loops Operator Instruction Manual hard copy Technical Service Manual hard copy Warranty 1 year SECTION VIII SCHEDULE OF REQUIREMENTS ITEM ITEM DESCRIPTION UNIT OF MAX QTY UNIT TOTAL COUNT DELIVERY PERIOD REMARKS NO ISSUE RQD COST COST RY OF M HOSPITAL KSH ORIGIN 1 Anaesthetic Machines No 2 4 6 Weeks 2 Operating Tables No 4 4 6 Weeks 3 Physiological Cardiac No 1 4 6 Weeks Monitor 4 Examination Lamps No 5 4 6 Weeks 5 Syringe Pump No 3 4 6 Weeks 6 Ventilator No 2 4 6 Weeks Adult Paediatrics 38 SECTION VII PRICE SCHEDULE FOR EQUIPMENTS Item Item Description Unit of Qty Unit Total Date of No Issue Rqd Price Cost Delivery Delivery of Anaesthetic Machines 1 2 2 Delivery of Operating Tables 4 3 Delivery of Physiological Cardiac No 1 Monitor 4 Delivery of Examination Lamps No 5 5 Delivery of Syringe Pump No 3 6 Delivery of Ventilator No 2 Adult Paediatrics 39 SECTION EVALUATION CRITERIA Evaluation on bids will be conducted at three stages STAGE 1 Preliminary Examination of Tender Proof of supply of the following documents 1 Submission of two Tender documents securely bound and clearly marked original copy book bound or spiral Terms and conditions must be attached 2 T
22. ORIGINAL KENYATTA NATIONAL HOSPITAL TENDER DOCUMENT FOR SUPPLY DELIVERY INSTALLATION TESTING AND COMMISSIONING OF THEATRE EQUIPMENT ANAESTHETIC GAS DELIVERY SYSTEM u SURGERY OPERATING TABLE PHYSIOLOGICAL CARDIAC MONITOR PORTABLE LED EXAMINATION LAMP SYRINGE PUMP ADULT PAEDIATRIC VENTILATOR TENDER NO KNH T 62 2015 2016 CONTENTS PAGE INTRODUCTION 22 2000 ee 3 SECTION I INVITATION 3 SECTION II INSTRUCTIONS TO TENDERERS 5 Appendix to Instructions to tenderers 17 SECTION III GENERAL CONDITIONS OF CONTRACT 19 SECTION IV SPECIAL CONDITIONS OF CONTRACT 24 SECTION V TECHNICAL SPECIFICATIONS 27 SECTION VI SCHEDULE OF REQUIREMENTS 34 SECTION VII PRICE SCHEDULE FOR GOODS 35 SECTION EVALUATION 6 26 SECTION STANDARD FORMS 2 4 37 8 1 FORM OF TENDER os Fa a 38 8 2 CONFIDENTIAL BUSINESS amp QUESTIONNAIRE FORM 39 8 3 TENDER SECURITY FORM bis snc dab edict ira ci uae 42 8 4 CONTRACT FORM siquid 45 8 5 PERFORMANCE SECURITY FORM seem 46 8 6 BANK QUARANTEE FOR ADVANC 47 8 7 MANUFACTURER S AUTHORIZATION 48 8 8 LETTER OF NOTIFICATION OF
23. Tender documents establishing the tenderers eligibility to tender and its qualifications to perform the contract if it s tender is accepted The documentary evidence of the tenderers eligibility to tender shall establish to the Hospital satisfaction that the tenderer at the time of submission of its tender is from an eligible source country as defined under paragraph 2 1 The documentary evidence of the tenderers qualifications to perform the contract if its tender is accepted shall establish to the Hospital satisfaction a that in the case of a tenderer offering to supply equipment under the contract which the tenderer did not manufacture or otherwise produce the tenderer has been duly authorized by the equipment Manufacturer or producer to supply the equipment b that the tenderer has the financial technical and production capability necessary to perform the contract c that in the case of a tenderer not doing business within Kenya the tenderer is or will be if awarded the contract represented by an Agent in Kenya equipped and able to carry out the Tenderer s maintenance repair and spare parts stocking obligations prescribed in the Conditions of Contract and or Technical Specifications Goods Eligibility and Conformity to Tender Document Pursuant paragraph 2 2 of this section the tenderer shall furnish as part of its tender documents establishing the eligibility and conformity to the tender documents of all equipment whic
24. ch is hereby duly acknowledged we the undersigned offer to supply amp deliver ET insert item description in conformity with the total tender amount in words and figures 2 We undertake if our Tender is accepted to deliver the item 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 5 percent of the Contract Price for the due performance of the Contract in the form prescribed Kenyatta National Hospital 4 We agree to abid by this Tender for a period of 120 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 43 8 3 CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM You are requested to give the particulars indicated in Part 1 and either Part 2 a 2 b or 2 c Whichever applied to your type of business and 3 a amp 3 b you are advised that it is a serious offence
25. chnical specifications a delivery and installation schedule offered in the tender b deviations in payment schedule from the specifications in the Special Conditions of Contract c the cost of components mandatory spare parts and service d the availability in Kenya of spare parts and after sales service for the equipment offered in the tender 2 24 5 Pursuant to paragraph 2 24 4 the following evaluation methods will be applied a Delivery schedule 1 The Hospital requires that the equipment under the Invitation for Tenders shall be delivered at the time specified in the Schedule of Requirements Tenders offering deliveries longer than the Hospital be required delivery time will be treated as non responsive and rejected b Deviation in payment schedule Tenderers shall state their tender price for the payment of schedule outlined in the special conditions of contract Tenders will be evaluated on the basis of this base price Tenderers are however permitted to state an alternative payment schedule and indicate the reduction in tender price they wish to offer for such alternative payment schedule The Hospital may consider the alternative payment schedule offered by the selected tenderer Spare parts and after sales service facilities Tenderers must offer items with service and spare parts back up Documentary evidence and locations of such back up must be given Where tenderer offers items without such back up in the countr
26. curing entity reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 5 1 4 The tenderers are requested to present information along with their offers as follows 1 Shortest possible delivery period of each product 1 Information on proper representative and or workshop for back up service repair and maintenance including their names and addresses 30 1 TECHNICAL SPECIFICATIONS FOR ANAESTHETIC DELIVERY SYSTEM NAME CATEGORY 1 Generic name Anaesthesia Delivery system 2 Type Mobile PURPOSE OF USE 3 Clinical To allow the Anaesthetist to dispense a mixture of gases and vapours and vary the proportions thereof to control a patients level of consciousness and or analgesia during surgery 4 Level of use National Referral hospital 5 Clinical Operating room department TECHNICAL CHARACTERISTICS 6 Detailed Microprocessor controlled system consisting requirements of A gas supply system Breathing and ventilation circuit e Carbon dioxide absorbent canister with intergrated sensing mechanism e Should be able to measure and monitor amount of oxygen and anaesthetic gases used e The unit should be able to measure 02 concentration airway pressure concentration of expired CO2 ETCO2 e All fittings for 02 0 and Medical Air to contain pipeline filter and check valve Serial Interface RS 232C port e Input to include medical
27. d 20 to supply npud A I Dub MARNE 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 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 sole ec toe 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 Amend accordingly if provided by Insurance Company 49 8 6 BANK GUARANTEE FOR ADVANCE PAYMENT ftdt name of Procuring entity name of tender Gentlemen and or Ladies In accordance with the payment provision included in the Special Conditions of Contract which amends th
28. d as promptly as possible but not later than 7 days failure to which demurrages charges shall accrue at rate of 2 of the total value and be disposed after 21 days at suppliers cost 4 7 The Tenderers shall submit a statement confirming that they have not been debarred from participating from public procurement 4 8 Dispute Resolution Any dispute arising out of the contract which cannot be amicably settled between the parties shall be referred by either party to the arbitration and final decision of a person to be agreed between the parties Failing agreement to concur in the appointment of an arbitrator the arbitrator shall be appointed by the chairman of the Chartered Institute of Arbitrators Kenya Branch on the request of the applying party 29 SECTIONV TECHNICAL SPECIFICATIONS 51 GENERAL 5 1 These specifications describe the basic requirements for equipment Tenderers are requested to submit with their offers the detailed specifications drawings catalogues etc for the products they intend to supply 5 1 2 Tenderers must indicate the specifications sheets whether the equipment offered comply with each specific requirement 5 1 3 the dimensions and capacities of the equipment to be supplied shall not be less than those required in these specifications Deviations from the basic requirements if any shall be explained in detail in writing with the offer with supporting data such as calculation sheets etc The pro
29. e General Conditions of Contract to provide for advance payment ous aci Mrd b t 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 an amount of NUR TERME amount of guarantee in figures and words Ne Ule rasa ve oe Su cor Rd 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 CXCECdING res s 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 da
30. eceives not later than seven 7 days prior to the deadline for the submission of tenders prescribed by the Hospital Written copies of the Hospital 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 2 5 2 Hospital shall reply to any clarifications sought by the tenderer within 3 days of 2 6 2 6 1 receiving the request to enable the tenderer to make timely submission of its tender Amendment of Tender Documents At any time prior to the deadline for submission of tender the Hospital for any reason whether at its own initiative or in response to a clarification requested by a prospective tenderer may modify the tender documents by issuing an addendum 2 6 2 2 6 3 2 7 2 7 1 2 8 2 8 1 2 9 2 9 1 2 10 2 10 1 2 10 2 i ii iii All prospective tenderers that have obtained the tender documents will be notified of the amendment in writing or by post and will be binding on them In order to allow prospective tenderers reasonable time in which to take the amendment into account in preparing their tenders the Hosptial at its discretion may extend the deadline for the submission of tenders 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 Hospital shall be written
31. ed by the Hospital 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 Hospital will convert those currencies to Kenya Shillings using the selling exchange rate on the date of tender closing provided by the Central Bank of Kenya Evaluation and Comparison of Tenders 15 2 24 1 The Hospital will evaluate and compare the tenders which have been determined to be substantially responsive pursuant to paragraph 2 22 2 24 2 The Hospital s evaluation of a tender will exclude and not take into account a in the case of equipment manufactured in Kenya or equipment of foreign origin already located in Kenya sales and other similar taxes which will be payable on the goods if a contract is awarded to the tenderer and b any allowance for price adjustment during the period of execution of the contract if provided in the tender 2 24 3 comparison shall be of the ex factory ex warehouse off the shelf price of the goods offered from within Kenya such price to include all costs as well as duties and taxes paid or payable on components and raw material incorporated or to be incorporated in the goods 2 24 4 The Hosptial evaluation of a tender will take into account in addition to the tender price and the price of incidental services the following factors in the manner and to the extent indicated in paragraph 2 23 5 and in the te
32. ender form duly completed signed and stamped 3 Original Bid Bond provided and valid for 120 days from date of tender Opening value of bid bond is 1 of total bid amount inclusive of all the taxes and duties 4 Business questionnaire duly completed signed and stamped 5 Copy of Tax Compliance Certificate exemption certificate Certificate 6 Certificate of Incorporation evidence of registration which ever is applicable Documentary evidence inform of copies and originals where applicable must be provided for the requirements stated above 100 compliance will be required to proceed to next evaluation stage Failure to provide ANY of the requirements leads to disqualification Stage 2 Product Evaluation Evaluation will be done against brochure Literature as per specifications Stage 3 Financial Evaluation Evaluation will involve the following a Determination of evaluated price for each bid using the Following 1 Check for any arithmetic errors in the Tender ii Conversion of all tender sum to the same currency using a uniform exchange rate prevailing at the closing date of the Tender Application of any discount offered on the tender b Ranking of Tenders according to their evaluated prices 40 SECTION VIII STANDARD FORMS Notes on the Standard Forms 8 1 Form of Tender This form must be completed by the tenderer and submitted with the tender documents It must also be duly signed by duly authorized represen
33. ent misconnection e Internal battery capable of powering the unit for at least 30 minutes e Audio alarm in the event of a partial or complete loss of o2 supply e Automatic shut off or decrease proportionally to the flow of o2 e Power loss alarm e UPS Safety compliance EN 60601 1 2 EN 60601 1 CE or FDA Approved Power backup about one 1 hour for the entire system 33 2 TECHNICAL SPECIFICATIONS FOR A GENERAL SURGERY OPERATING TABLE 1 The table should be electro hydraulic powered for height tilt and trendelenburg Movements 2 The entire table top frame and column be made of either stainless or chrome Nickel steel and be of four 4 sections or more covered with impact resistant acrylic capped ABS 3 Mattress should be of Velcro free and not less than 2 5 thickness 4 Table should be able to operate on Mains and on Maintenance free batteries with capacity for minimum 4 Hours operations in the event of power failure 5 Easy motion to be provided by 4 four heavy duty double twin antistatic swivel castors of approximately 125mm diameter two of which should have brakes 6 Dimension a Length including head plate up to approx 2080mm minimum length of 1885mm b Width with side rails up to approx 600mm c Height including paddling be of i Minimum between 600 670mm ii Maximum approx 1170mm 7 Trendelenburg Reverse trendelenburg of up to 35 8 Lateral tilt either direction
34. erer hereinafter called the tenderer has submitted its tender dated date of submission of tender for the supply installation and commissioning of ML eri ike Ao t name and or description of the equipment hereinafter called the Tender 5 iii ika e KNOW ALL PEOPLE by these presents that WE xeu yes deu RO Ur tpa dx Res ce of having our registered office at hereinafter called the Bank are bound unto name of Procuring entity hereinafter called the Procuring entity in the sum 2 00 for which payment well and truly to be made to the said Procuring entity the Bank binds itself its successors and assigns by these presents Sealed with the Common Seal of the said Bank this day of 20 THE CONDITIONS of this obligation are 1 If the tenderer withdraws its Tender during the period of tender validity specified by the tenderer on the Tender Form or 2 If the tenderer having been notified of the acceptance of its Tender by the Procuring entity during the period of tender validity a fails or refuses to execute the Contract Form if required or b fails or refuses to furnish the performance security in accordance with the Instructions to tenderers We undertake to pay to the Procuring entity up to the above amount upon receipt of its first written demand withou
35. f Clauses 2 Eli ibie Tenderers OB b a a 5 2 2 Eligible Equipment iss Louisa cepere oe pao 5 2 9 Cost OL Tendermg o o anre teta RR oit Rd 5 2 4 Contents of Tender 2 6 2 5 Clarification of Tender 6 2 6 Amendment of Tender 6 2 7 Language OF ke we aa bba rak sea 7 2 8 Documents Comprising the 7 29 Tender Boris ERE S ECKE EUER 7 2 10 Tender EPA EE NES 7 2 IT Tender cs deese ant oct 8 2 12 Tenderers Eligibility and Qualifications 8 2 13 Goods Eligibility and Conformity to Tender Document 8 2 14 Tender pieces re ERO DU E 9 2 15 Validity of TORRES eren cool e en dd e eio e de 10 2 16 Format and Signing of 10 2 17 Sealing and Marking of 10 2 18 Deadline for Submission of Tender 11 2 19 Modification and Withdrawal of Tenders 11 2 20 Opening of lenders dos e E Ue oso tense eR neon 11 2 21 Clarification of Tenders os a EE SPEO E ER Sd 12 2 22 Preliminary 12 2 23 Conversion to Si
36. h the tenderer proposes to supply under the contract The documentary evidence of the eligibility of the goods shall consist of statement in the Price Schedule of the country of origin of the goods and services offered which shall be confirmed by a certificate of origin issued at the time of shipment The documentary evidence of conformity of the equipment to the tender documents may be in the form of literature drawings and data and shall consist of 11 a a detailed description of the essential technical and performance characteristic of the equipment b a list giving full particulars including available source and current prices of spare parts special tools etc necessary for the proper and continuing functioning of the equipment for a period of two 2 years following commencement of the use of the equipment by the Hospital and c a clause by clause commentary on the Hospital Technical Specifications demonstrating substantial responsiveness of the goods and service to those specifications or a statement of deviations and exceptions to the provisions of the Technical Specifications 2 13 4 For purposes of the commentary to be furnished pursuant to paragraph 2 13 3 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 Hospital in its Technical Specifications are intended to be descriptive only and not restrictive
37. ith the arrival of the Goods shall receive the above documents and if not received the Goods will be rejected and the tenderer will be responsible for any consequent expenses 4 5 Standards i ii The supplier warrants that the Goods supplied under the contract are new unused and conforms to the specifications indicated in the Contract and or Local Purchase Orders The supplier further warrants that all Goods supplied under this contract shall have no defects arising from design materials or workmanship except when the design and or material is required bv the Hospital s specification or from anv act or omission of the tenderer that mav develop under normal use of the supplied Goods in the Conditions prevailing in the Hospital If for reasons attributed to the tenderer these warranties are not attained in whole or in part the supplier shall either a make such changes modifications and or additions to the goods or any part thereof as may be necessary in order to attain the contracted warranties specified in the contract at its own cost and expense and to carry out further performance tests to the satisfaction of the Hospital or b Replace such Goods with the ones that conform to the specifications in the contract at his own costs 28 4 6 Ownership Transfer Ownership of the goods is transferred to Kenyatta National Hospital after acceptance of quality of the goods If the goods are rejected they shall be collecte
38. ke alterations necessary to make specification requirements free of costs to the Hospital 23 3 8 4 3 8 5 3 9 3 9 1 3 9 2 3 10 3 10 1 3 11 3 11 1 3 12 3 12 1 3 12 2 3 13 3 13 1 3 13 2 3 13 3 3 13 4 The Hospital right to inspect test and where necessary reject the equipment after the equipment arrival and installation shall in no way be limited or waived by reason of the equipment having previously been inspected tested and passed by the Hospital 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 Packing The tenderer shall provide such packing and packaging of the equipment as is required to prevent their damage or deterioration during transit to their final destination as indicated in the Contract 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 equipment documents and installation of the same shall be made by the tenderer in accordance with the terms specified by Hospital in its Schedule of Requirements and the Special Conditions of Contract Insurance The equipment supplied under the Contract shall be fully insured against loss or damage incidental to manufacturer or acquisition transportation s
39. l conform to the standards mentioned in the Technical Specifications Use of Contract Documents and Information The Candidate shall not without the Hospital 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 Hospital 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 Hospital prior written consent make use of any document or information enumerated in paragraph 3 5 1 above 22 3 5 3 3 6 3 6 1 3 7 3 7 1 3 7 2 3 7 3 3 7 4 3 8 3 8 1 3 8 2 3 8 3 Any document other than the Contract itself enumerated in paragraph 3 5 1 shall remain the property of the Hospital and shall be returned all copies to the Hospital on completion of the Tenderer s performance under the Contract if so required by the Hospital Patent Rights The tenderer shall indemnify the Hospital against all third party claims of infringement of patent trademark or industrial design rights arising from use of the Goods or any part thereof in the Hospital Performance Security Within twenty eight 30 days of receipt of the notification of Contract award the successful tenderer shall furnish to the Hosptial the performance security where applicable in the amount specified in Special Conditions of Contract The p
40. ngle 13 2 24 Evaluation and Comparison of Tenders 13 2 25 Contacting the Procuring 14 2 26 Award of Contract iei esti e eee rede inn 14 a Post Qualification cete ss venta 14 BY A Ward eos eee e ete ES eu ER ERR 14 Procuring Entity s Right to Accept or Reject any OF All EN a etu ut 15 227 Notification of 15 2 28 Signing of Contract suec eret uerit B a RE 15 229 Performance Security 16 2 30 Corrupt or Fraudulent 16 SECTION II INSTRUCTIONS TO TENDERERS 2 1 2 2 22 222 2 2 3 2 3 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 install and commissioning of the equipment by the intended completion date specified in the tender documents The Hospital employees committee members board members and their relative spouse and children are not eligible to participate in the tender unless where specially allowed under section 131 of the Act Tenderers shall provide the qualification information statement that the tenderer including all members of a joint venture and subcontractors is
41. not earlier than 14 days from the date of the letter 3 You may contact the officer s whose particulars appear below on the subject matter of this letter of notification of award FULL PARTICULARS SIGNED FOR ACCOUNTING OFFICER 52
42. of Contract by written notice of default sent to the tenderer terminate this Contract in whole or in part a if the tenderer fails to deliver any or all of the equipment within the period s specified in the Contract or within any extension thereof granted by the Hospital b if the tenderer fails to perform any other obligation s under the Contract c if the tenderer in the judgment of the Hospital has engaged in corrupt or fraudulent practices in competing for or in executing the Contract 3 16 2 In the event the Hospital 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 Hospital for any excess costs for such similar equipment 3 17 Termination for convenience 3 18 Liquidated Damages 3 18 1 If the tenderer fails to deliver and or install any or all of the items within the period s specified in the contract the Hospital shall without prejudice to its other remedies under the contract deduct from the contract prices liquidated damages sum equivalent to 0 596 of the delivered price of the delayed items up to a maximum deduction of 10 of the delayed goods After this the tenderer may consider termination of the contract 3 19 Resolution of Disputes 3 19 1 The Hospital and the tenderer shall make every effort to resolve amicably by direct informal negotiation any disagreement or di
43. or should be able to compensate for changes in the freshgas flow and compliance in the breathing system e Pressure spirometry data and oxygen concentration e Should be displayed e Should have a colour TFT screen 8 to 12 e Should be able to support at least five ventilation modes VCV PCV SIMV PSV and PRVT e PRVT Pressure Regulated Volume Target ENVIRONMENTAL REQUIREMENTS TRAINING INSTALLATION AND UTILIZATION e Supplier shall PROVIDE APPLICATION training to the users on operation of the equipment e Supplier shall provide factory maintenance and service training to 32 TWO Biomedical Engineering staff at the premises of manufacturer or its approved training centre COST OF SERVICE TRAINING TO BE INCLUDED IN THE BID WARRANTY AND MAINTENANCE e Warranty period one 1 year DOCUMENTATION e Supplier shall provide original brochure e User manual e Service manual e MUST INCLUDE LIST AND COST OF REPLACEMENT PARTS AND ACCESSORIES SAFETY AND STANDARDS e Hypoxic mixture fail safe system O2Fail safe system e Gas cylinder attached through hanger yokes with pin index safety system and check valves in case central supplies fail e Each pipeline gas cylinder supply should have a pressure gauge with scale numbers large enough to be easily read e Gas hoses and machine receptacles should use DISS or equivalent fittings to prev
44. ourteen 14 days of receipt of the Contract Form the successful tenderer shall sign and date the contract and return it to the Hospital 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 Performance Security Within Thirty 30 days of the receipt of notification of award from the Hospital 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 Hospital Failure of the successful tenderer to comply with the requirements of paragraph 2 28 or paragraph 2 29 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security in which event the Hospital may make the award to the next lowest evaluated Candidate or call for new tenders Corrupt or Fraudulent Practices 18 2 30 1 The Hospital requires that tenderers observe the highest standard of ethics during the procurement process and execution of contracts A tenderer shall sign a declaration that he has and will not be involved in corrupt or fraudulent practices 3 30 2 The Hospital 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 3 30 3 Further a tenderer
45. ow the tenderer to review the tender document free of charge before purchase 2 4 2 44 2422 2 5 2 5 1 Contents of Tender Document The tender document comprises the documents listed below and addenda issued in accordance with clause 2 6 of these instructions to tenderers 1 Invitation to Tender ii Instructions to Tenderers iii General Conditions of Contract iv Special Conditions of Contract v Schedule of requirements vi Technical Specifications vii Tender Form and Price Schedules Tender Security Form ix Contract Form x Performance Security Form xi Bank Guarantee for Advance Payment Form Manufacturer s Authorization Form Confidential Business Questionnaire Form xiv Declaration form xv Request for Review Form 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 Clarification of Tender Documents A prospective tenderer making inquiries of the tender Documents may notify the Hospital in writing or by post at the Hospital s address indicated in the invitation for tenders The Hospital will respond in writing to any request for clarification of the tender documents which it r
46. roceeds of the performance security shall be payable to the Hospital 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 Hospital and shall be in the form a Cash b Bank Guarantee c Such insurance guarantee approved by the Authority d Letter of credit The performance security will be discharged by the Hospital 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 Inspection and Tests The Hospital or its representative shall have the right to inspect and or to test the equipment to confirm their conformity to the Contract specifications The Hospital 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 reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to the Hospital Should any inspected or tested equipment fail to conform to the Specifications the Hospital may reject the equipment and the tenderer shall either replace the rejected equipment or ma
47. spute arising between them under or in connection with the contract 3 19 2 If after thirty 30 days from the commencement of such informal negotiations both parties have been unable to resolve amicably a contract dispute either party may 25 require that the dispute be referred for resolution to the formal mechanisms specified in the SCC 3 20 Language and Law 3 20 1 The language of the contract and the law governing the contract shall be English language and the Laws of Kenya respectively unless otherwise specified in the SCC 3 21 Force Majeure 3 21 1 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 3 22 Notices 3 22 1 Any notice given by one party to the other pursuant to this contract shall be sent to other party by post or by fax or Email and confirmed in writing to the other party s address specified 3 22 2 A notice shall be effective when delivered or on the notices effective date whichever is later 26 SECTION IV SPECIAL CONDITIONS OF CONTRACT 4 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 The amount of the performance security
48. stallation it proposes to supply under the contract Prices indicated on the Price Schedule shall be entered separately in the following manner the price of the equipment quoted EXW ex works ex factory ex warehouse ex showroom or off the shelf as applicable including all customs duties and sales and other taxes already paid or payable charges for inland transportation insurance and other local costs incidental to delivery of the goods to their final destination and installation charges shall also be indicated separately for each equipment 10 2 10 3 2 11 2 11 1 2 12 Prices quoted by the tender shall remain fixed during the Tender s performance of the contract A tender submitted with an adjustable price quotation will be treated as non responsive and will be rejected pursuant to paragraph 2 22 unless otherwise agreed by the parties Tender Currencies Prices shall be quoted in the following currencies a For equipment that the tenderer will supply from within Kenya the prices shall be quoted in Kenya Shillings and b For equipment that the tenderer will supply from outside Kenya the prices may be quoted in US Dollars or in another freely convertible currency c Cost of installation and commissioning will be in Kenya Shillings Tenderers Eligibility and Qualifications 2 12 1 Pursuant to paragraph 2 1 the tenderers shall furnish as part of its 2 12 1 2 12 2 2 13 2 13 1 2 13 2 2 13 3
49. t All pages of the tender except for unamended printed literature shall be initialed by the person or persons signing the tender 2 16 3 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 2 17 Sealing and Marking of Tenders 2 17 1 The Tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ORIGINAL and COPY The envelopes shall then be sealed in an outer envelope 2 17 2 The inner and outer envelopes shall a be addressed to the Hospital at the following address to The Chief Executive Officer Kenyatta National Hospital P O Box 20723 NAIROBI b bear the tender number and name in the Invitation to Tender and the words DO NOT OPEN BEFORE27 10 2015 at 10 00 am 2 17 3The 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 13 2 17 41f the outer envelope is not sealed and marked as required by paragraph 2 17 2 the Hospital will assume no responsibility for the tender s misplacement or premature opening 2 18 Deadline for Submission of Tenders 2 18 1 Tenders must be received by the Hospital at the address specified under paragraph 2 17 2 or deposited in the tender box not later than 27 10
50. t the Procuring entity having to substantiate its demand provided that in its demand the Procuring entity will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two conditions specifying the occurred condition or conditions This tender guarantee will remain in force up to and including thirty 30 days after the period of tender validity and any demand in respect thereof should reach the Bank not later than the above date signature of the bank Amend accordingly if provided by Insurance Company 47 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 by the tenderer for the supply of those goods in the sum 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 respectively assigned to them in the Conditions of Contract referred to 2 The following documents shall be deemed to form and be read and cons
51. tative of the tenderer 8 2 Confidential Business Questionnaire Form This form must be completed by the tenderer and submitted with tender documents 8 3 Tender Security Form When required by the tender document the tenderer shall provide the tender security either in the form included therein after or in another format acceptable to the procuring entity 8 4 Contract Form The Contract form shall not be completed by the tenderer at the time of submitting the tenderer at the time of submitting the tender The contract form shall be completed after contract award 8 5 Performance Security form The performance security form should not be completed by the tenderer at the time of tender preparation Only the successful tenderer will be required to provide performance security in the sum provided herein or in another form acceptable to the procuring entity 8 6 Bank Guarantee for Advance Payment When there is an agreement to have Advance payment this form must be duly completed 8 7 Manufacturer s Authorization Form When required by the tender document this form must be completed and submitted with the tender document This form will be completed by the manufacturer of the goods where the tender is an agent 42 SECTIONX STANDARD FORMS 10 1 FORM OF TENDER Date Tender No To name and address of Hospital Gentlemen and or Ladies 1 Having examined the tender documents including All addendum the receipt of whi
52. te 50 8 7 MANUFACTURER S AUTHORIZATION FORM To name of the Procuring entity WHEREAS usse eee incre heat d 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 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 an authorized person 51 8 8 LETTER OF NOTIFICATION OF AWARD Address of Procuring Entity 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
53. to give false information on this form Mandatory Part 1 General Business Name Postal Address ortae Tel NO company Mobile mail Contact Person Mobile Nature of Business en nlii eM ead eV M tei Registration Certificate NO ccc sus ery T RU RU ERI Erde Maximum value of business which you can handle at any one time Kshs Name at yourbankers tas teas Complete part 2 a 2 b or 2 c Part 2 a Sole Proprietor YOUN name npo ES Pop o CET Country of origin Part 2 b Partnership Given details of partners as follows Name Nationality Citizenship Details Shares Part 2 c Registered Company Private or Public State the nominal and issued capital of company Nominal 2 Issued ee es Given details of all directors as follows Name Nationality Citizenship Details Shares T tisse Ar A Dres MM LU
54. torage and delivery in the manner specified in the Special conditions of contract 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 Hospital as specified in the contract Prices Prices charged by the tenderer for equipment delivered and installation performed under the Contract shall not with the exception of any price adjustments authorized in Special Conditions of Contract vary from the prices by the tenderer in its tender Contract price variations shall not be allowed for contracts not exceeding one year 12 months Where contract price variation is allowed the variation shall not exceed 10 of the original contract price Price variation requests shall be processed by the Hospital within 30 days of receiving the request 24 3 14 Assignment The tenderer shall not assign in whole or in part its obligations to perform under this Contract except with the Hospital prior written consent 3 15 Subcontracts 3 15 1 The tenderer shall notify the Hospital in writing of all subcontracts awarded under this Contract if not already specified in the tender Such notification in the original tender or later shall not relieve the tenderer from any liability or obligation under the Contract 3 16 Termination for Default 3 16 1 The Hospital may without prejudice to any other remedy for breach
55. trued as part of this Agreement viz a the Tender Form and the Price Schedule submitted by the tenderer b the Schedule of Requirements 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 tenderer hereby covenants with the Procuring entity to provide the goods and to remedy the defects therein in conformity in all respects with the provisions of this 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 48 8 5 PERFORMANCE SECURITY FORM name of Procuring entity Saar e st eec chet name of tenderer hereinafter called the tenderer has undertaken in pursuance of Contract No reference number of the contract date
56. ult in the Tenderer s forfeiture of its tender security pursuant to paragraph 2 14 7 2 200 Opening of Tenders The Hospital will open all tenders in the presence of tenderers representatives who choose to attend at 10 00am in Kenyatta National Hospital The tenderers representatives who are present shall sign a tender opening register evidencing their attendance 2 20 1 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 Hospital at its discretion may consider appropriate will be announced at the opening 2 20 2 Hospital will prepare minutes of the tender opening 14 2 21 2 21 1 221 2 2 22 2 22 1 2222 2 22 3 2 22 4 2 22 5 2 23 2 23 1 2 24 Clarification of Tenders To assist in the examination evaluation and comparison of tenders the Hospital 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 Hospital in the Hospital s tender evaluation tender comparison or contract award decisions may result in the rejection of the tenderers tender Preliminary Examination and Responsiveness The Hospital will examine the tenders to determine whether
57. who is found to have indulged in corrupt or fraudulent practices risks being debarred from participating in public Procurement in Kenya 19 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 PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TO TENDERERS REFERENCE 2 18 3 2 14 1 2 25 1 22755 2 214 TENDERS Bulky Tenders Bulky tenders which will not fit in the tender box shall be received by the Hospital on the closing day between 8 30 and 9 45 and put in the cartons placed next to the tender box Tender Security Tender security shall be in the amount of 1 of the tender price The security shall be in form of a bank draft or bank guarantee issued by a reputable bank located in Kenya or bond from an insurance company as provided in the format in the tender document and shall be in Kenya shillings Preference The Hospital shall not allow preference in the evaluation of tenders Varying of Quantities The Hospital reserves the right at the time of contract award to increase or decrease the quantity of goods originally specified in the schedule of requirements by
58. y he must give a documentary evidence and assurance that he will establish adequate back up for items supplied 2 24 6 The tender evaluation committee shall evaluate the tender within 30 days of the validity period from the date of opening the tender 2 24 7 Preference where allowed in the evaluation of tenders shall not exceed 15 2 25 Contacting the Hospital 16 2 25 1 2 25 2 2 26 2 26 1 2 26 2 2 26 3 b 2 26 4 2 26 5 c 2 26 6 Subject to paragraph 2 21 no tenderer shall contact the Hospital 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 Hospital in its decisions on tender evaluation tender comparison or contract award may result in the rejection of the Tenderer s tender Award of Contract Post Qualification In the absence of pre qualification the Hospital 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 2 12 3 as well as such other information as the Hospital deems necessary and appropriate An affirmative
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