MAASAI MARA UNIVERSITY

Transcription

1 MAASAI MARA UNIVERSITY TENDER NUMBER: MMU/T/007/ TENDER NAME: PURCHASE OF A BUILDING IN NAIROBI CITY (CBD) CLOSING DATE&TIME: WEDNESDAY 8 TH JUNE 1200HRS May

2 TABLE OF CONTENTS PAGE INTRODUCTION... 3 SECTION I - INVITATION TO TENDER... 4 SECTION II - FORM OF TENDER (Purchase of Property)... 5 SECTION III - INSTRUCTIONS TO TENDERERS... 7 SECTION IV - GENERAL CONDITIONS OF CONTRACT SECTION V - SPECIAL CONDITIONS OF CONTRACT SECTION VI: EVALUATION OF THE PROPOSAL

3 INTRODUCTION 1.1 This tender document for Purchase of property in Nairobi City (CBD) has been prepared for use by Maasai Mara University. 1.2 The tender document has been prepared for general application in all cases where Maasai Mara University wishes to acquire assets, services or rights to the public at a fee. The tender document has been introduced to ensure that the assets, services or rights are procured to the University efficiently, competitively, fairly and in a transparent manner as required by the Public procurement regulations. 3

4 SECTION I - INVITATION TO TENDER Tender Ref: MMU/T/007/ Tender Name: Tender for purchase of a building in Nairobi City. 1. Maasai Mara University (MMU) invites sealed tenders from eligible candidates for Purchase of property in Nairobi City (CBD). 2. Interested eligible tenderers may obtain further information and inspect the tender documents at Maasai Mara University Procurement Department in the Main Campus P.O BOX , Narok, during normal office working hours. 3. A complete set of tender documents may be obtained by interested Tenderers upon payment of a non-refundable fee of Kshs. 1000/= (One thousand shillings) only, or downloaded for free from the University website or 4. Prices quoted should be inclusive of all taxes and must be in Kenya Shillings and shall remain valid for one hundred fifty (150) days from the closing date of the tender. 5. Completed tender documents are to be enclosed in plain sealed envelopes, marked with the tender number and name and be deposited in the tender Box at the Main Entrance of the senate boardroom or be addressed to Vice Chancellor Maasai Mara University P.O.Box Narok, so as to be received on or before Wednesday 8 th June 2016 at noon 6. The tenders will be opened immediately thereafter in the presence of the tenderers or their representatives who choose to attend. VICE CHANCELLOR 4

5 SECTION II - FORM OF TENDER (Purchase of Property) To: The Vice Chancellor, Maasai Mara University (MMU), P.O. Box NAROK. Dear Sir/Madam, RE: Tender for Purchase of Building in Nairobi City: Tender NO. MMU/T/007/ I have read the conditions of the tender and do hereby offer to tender for the Purchase of building for learning centre in Nairobi City in accordance with the said contract. TENDER PRICE The tender figure based on price for the entire Building and area of..square feet is: Kenya Shillings (Words) Kshs.. (Figures) with a one off payment of Ksh.to cover for incidental costs fees, commissions etc. I, the undersigned, agree that unless and until a formal agreement is executed, this tender together with your acceptance thereof, shall constitute a binding contract between me and Maasai Mara University. This tender shall remain valid for one hundred fifty (150) days from date of Tender opening. I, the undersigned, understand that the lowest or any portion of tender will not necessarily be accepted nor will any expenses incurred by the tenderer in the preparation of this tender be paid for by Maasai Mara University. Authorized Signatures of Tender Name: Title: Name of Tenderer (Capitals) Stamp: P.O. Box 5

6 Tel: No: Fax No: WITNESSED BY: Signature of Witness: Name: Address of Witness: Date: 6

7 SECTION III - INSTRUCTIONS TO TENDERERS 2.1 Eligible Tenderers This invitation for tenders is open to all tenderers eligible as described in the Appendix to Instructions to Tenderers. Successful tenderers shall be contracted for the stipulated duration from the date of commencement (herein after referred to as the term) specified in the schedule of requirements Maasai Mara University employees, committee members, board members and their relatives (spouses 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 statement that the tenderer (including all members of a joint venture and subcontractors), is not associated, or have been associated in the past, directly or indirectly, with the firm or any of its officials which have been engaged by the University to provide Maasai Mara University consulting services for the preparation of the design specifications and other documents to be used for the purpose of this invitation to tender Tenderers involved in corrupt or fraudulent practices or debarred from participating in public procurement shall not be eligible. 2.2 Cost of Tendering The Tenderer shall bear all costs associated with the preparation and submission of its tender, and Maasai Mara University, will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process Maasai Mara University shall allow the tenderer to review the tender document free of charge before purchase. 2.3 Contents of Tender Documents The tender documents comprise the documents listed below and addenda issued in accordance with clause 2.7 of these instructions to tenderers. (i) Instructions to tenderers (ii) General Conditions of Contract (iii) Special Conditions of Contract 7

8 (iv) Schedule of unit rates of tender (v) Form of Tender (vi) Price Schedules (vii) Contract Form (viii) Confidential Business Questionnaire Form (ix) Authorization Form (x) Declaration form The Tenderer is expected to examine all instructions, forms, terms and particulars in the tender documents. Failure to furnish all information required by the tender documents or to submit a tender not substantially responsive to the tender documents in every respect will be at the tenderers risk and may result in the rejection of its tender. 2.4 Clarification of Tender Documents A prospective tenderer making inquiry on the tender documents may notify Maasai Mara University by post, fax or by at our address indicated in the Invitation to Tender. Maasai Mara University will respond in writing to any request for clarification of the tender documents, which it receives not later than seven (7) days prior to the deadline for the submission of tenders, prescribed by Maasai Mara University. Written copies of our response (including an explanation of the query but without identifying the source of inquiry) will be sent to all candidates who have received the tender documents Maasai Mara University employees, committee members, board members and their relatives (spouses and children) are not eligible to participate in the tender. 2.5 Amendment of Tender Documents At any time prior to the deadline for submission of tenders, Maasai Mara University 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 amendment All prospective tenderers who have obtained the tender documents will be notified of the amendment by post, fax or and such amendment will be binding on them. 8

9 2.5.3 In order to allow prospective tenderers reasonable time in which to take the amendment into account in preparing their tenders, Maasai Mara University at its discretion may extend the deadline for the submission of tenders. 2.6 Language of Tenders The tender prepared by the tenderer, as well as all correspondence and documents relating to the tender exchanged by the tenderer and Maasai Mara University shall be written in English language. 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 tenderer shall comprise the following components: (a) A Tender Form and a Price Schedule completed in accordance with paragraph 2.8, 2.9 and 2.10 below; (b) Documentary evidence established in accordance with paragraph 2.11 that the tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted; (c) Tender security furnished in accordance with paragraph Form of Tender The tenderer shall complete the Form of Tender and the Price Schedules furnished in the tender documents, indicating the particulars of the tender Tender Prices The tenderer shall indicate on the Price Schedules the unit prices and total tender price of the particular tender under the contract Prices indicated on the Price Schedule shall be the amounts to be paid to the tenderer by Maasai Mara University for the particulars of the tender under the contract Prices quoted by the tenderer shall remain fixed during the term of the contract unless otherwise agreed by the parties. A tender submitted with an adjustable price quotation will be treated as non-responsive and will be rejected, pursuant to paragraph

10 2.10. Tender Currencies Prices shall be quoted in Kenya Shillings unless otherwise stated in the appendix Tenderers Eligibility and Qualifications Pursuant to paragraph and the tenderer shall furnish, as part of its 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 tenderer s qualifications to perform the contract if its tender is accepted shall establish to Maasai Mara University s satisfaction that the tenderer has the financial and technical capability necessary to perform the contract Tender Security The tenderer shall furnish, as part of its tender, a tender security for the amount and form specified in the Appendix to Instructions to Tenderers The tender security shall be in the amount equivalent to 2 per cent of the tender price The tender security is required to protect Maasai Mara University against the risk of Tenderer s conduct which would warrant the security s forfeiture, pursuant to paragraph The tender security shall be denominated in Kenya Shillings or in another freely convertible currency, and shall be in the form of; a) Cash. b) A bank guarantee. c) Such insurance guarantee approved by the authority. d) Letter of credit from a reputable bank Any tender not secured in accordance with paragraph and will be rejected by Maasai Mara University as non-responsive, pursuant to paragraph 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 The successful Tenderer s tender security will be discharged upon the tenderer signing the contract, pursuant to paragraph 2.29, and furnishing the performance security, pursuant to paragraph

11 The Tender Security may be forfeited: (a) if a tenderer withdraws its tender during the period of tender validity (b) in the case of a successful tenderer, if the tenderer fails: (i) to sign the contract in accordance with paragraph 2.29 or; (ii) to furnish performance security in accordance with paragraph 2.30 (c) If the tenderer rejects a correction of an arithmetic error in the tender Validity of Tenders Tenders shall remain valid for 150 days after date of tender opening pursuant to paragraph A tender valid for a shorter period shall be rejected by Maasai Mara University In exceptional circumstances, Maasai Mara University 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 2.12 shall also be suitably extended. A tenderer granting the request will not be required nor permitted to modify its tender Format and Signing of Tenders The tenderer shall prepare an original and a copy of the tender, clearly marking each ORIGINAL TENDER and COPY OF TENDER, as appropriate. In the event of any discrepancy between them, the original shall govern The original and all copies of the tender shall be typed or written in indelible ink and shall be signed by the tenderer or a person or persons duly authorized to bind the tenderer to the contract All pages of the tender, except for un-amended printed literature, shall be initialled by the person or persons signing the tender The tender shall have no interlineations, erasures, or overwriting except as necessary to correct errors made by the tenderer, in which case such corrections shall be initialled by the person or persons signing the tender Sealing and Marking of Tenders The tenderer shall seal the original and the copy of the tender in separate envelopes, duly marking the envelopes as ORIGINAL TENDER and COPY OF TENDER. The envelopes shall then be sealed in an outer envelope. 11

12 The inner and outer envelopes shall: (a) be addressed to The Vice Chancellor, Maasai Mara University at the address given in the Invitation to Tender. (b) bear tender number and name in the Invitation to Tender and the words, DO NOT OPEN BEFORE Wednesday 8 th June 2016 at noon The inner envelopes shall also indicate the name and address of the tenderer to enable the tender to be returned unopened in case it is declared late If the outer envelope is not sealed and marked as required by paragraph , Maasai Mara University will assume no responsibility for the tender s misplacement or premature opening Deadline for Submission of Tenders Tenders must be received by Maasai Mara University at the address specified under paragraph no later than Wednesday 8th June 2016 at noon Maasai Mara University may, at its discretion, extend this deadline for the submission of tenders by amending the tender documents in accordance with paragraph in which case all rights and obligations of Maasai Mara University and candidates previously subject to the deadline will thereafter be subject to the deadline as extended Bulky tenders which will not fit in the tender box shall be received by Maasai Mara University at the office desk of the VCs Office Modification and Withdrawal of Tenders The tenderer may modify or withdraw its tender after the tender s submission, provided that written notice of the modification, including substitution or withdrawal of the tenders, is received by Maasai Mara University before the deadline prescribed for submission of tenders The tenderer s modification or withdrawal notice shall be prepared, sealed, marked and dispatched in accordance with the provisions of paragraph 2.15; a withdrawal notice may also be sent by fax or but followed by a signed confirmation copy, postmarked NOT LATER THAN the deadline for submission of tenders No tender may be modified after the deadline for submission of tenders. 12

13 No tender may be withdrawn in the interval between the deadline for submission of tenders and the expiration of the period of tender validity. Withdrawal of a tender during this interval may result in the Tenderer s forfeiture of its tender security, pursuant to paragraph Opening of Tenders Maasai Mara University will open all tenders in the presence of tenderers or their representatives who choose to attend, at the site of the tender box or at a location specified in the Invitation of tender. The tenderers representatives who are present shall sign a register evidencing their attendance The tender s names, tender modifications or withdrawals, tender prices, discounts, and the presence or absence of requisite tender security and such other details as Maasai Mara University, at its discretion, may consider appropriate, will be announced at the opening Maasai Mara University will prepare minutes of the tender opening, which will be submitted to tenderers that signed the tender opening register and will have made the request Clarification of Tenders To assist in the examination, evaluation and comparison of tenders, Maasai Mara University 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 Maasai Mara University after submission of the tender and during the tender evaluation, tender comparison or contract award decisions may result in the rejection of the tenderers tender Preliminary Examination and Responsiveness Maasai Mara University will examine the tenders to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the tenders are generally in order Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and 13

14 quantity, the unit price shall prevail, and the total price shall be corrected. If the candidate does not accept the correction of the errors, its tender will be rejected, and its tender security forfeited. If there is a discrepancy between words and figures, the amount in words will prevail Maasai Mara University may waive any minor informality or non-conformity or irregularity in a tender which does not constitute a material deviation provided such waiver does not prejudice or affect the relative ranking of any tenderer Prior to the detailed evaluation, pursuant to paragraph 2.20, Maasai Mara University 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. Maasai Mara University s determination of a tender s responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence If a tender is not substantially responsive, it will be rejected by Maasai Mara University and may not subsequently be made responsive by the tenderer by correction of the nonconformity Conversion to single currency Where other currencies are used, Maasai Mara University 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 Maasai Mara University will evaluate and compare the tenders which have been determined to be substantially responsive, pursuant to paragraph Maasai Mara University s evaluation of a tender will take into account, in addition to the tender price, the following factors, in the manner and to the extent indicated in paragraph (a) Operational plan proposed in the tender; (b) Deviations in payment schedule from that specified in the Special Conditions of Contract Pursuant to paragraph The following evaluation methods will be applied. 14

15 (a) Operational Plan (i) Maasai Mara University requires that the services under the Invitation for Tenders shall be performed at the time specified in the Schedule of Requirements. Tenderer offering to perform longer than Maasai Mara University s required delivery time will be treated as non-responsive and rejected. (b) Deviation in payment schedule (i) Tenderers shall state their tender price for the payment on 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 scheduled and indicates the reduction in tender Price they wish to offer for such alternative payment schedule. Maasai Mara University may consider the alternative payment schedule offered by the selected tenderer Preference where allowed in the evaluation of tenders shall not exceed 10% The evaluation committee shall evaluate the tenders within 30days from the date of opening the tender Contacting the Procuring entity Subject to paragraph 2.19 no tenderer shall contact Maasai Mara University on any matter relating to its tender, from the time of the tender opening to the time the contract is awarded Any effort by a tenderer to influence Maasai Mara University in its decisions on tender evaluation, tender comparison, or contract award may result in the rejection of the Tenderers tender Post-qualification Maasai Mara University will verify and 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 and technical capabilities. It will be based upon an examination of the documentary evidence of the tenderers qualifications submitted by the tenderer, pursuant to paragraph , as well as such other information as Maasai Mara University deems necessary and appropriate An affirmative determination will be a prerequisite for award of the contract to the 15

16 tenderer. A negative determination will result in rejection of the Tenderer s tender, in which event the Maasai Mara University will proceed to the next lowest evaluated tender to make a similar determination of that Tenderer s capabilities to perform satisfactorily Award Criteria Subject to paragraph 2.27, Maasai Mara University will award the contract to the successful tenderer 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 Maasai Mara University right to accept or reject any or all tenders Maasai Mara University reserves the right to accept or reject any tender, and to annul the tendering process and reject all tenders at any time prior to contract award, without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for Maasai Mara University s action. If Maasai Mara University determines that none of the tenders is responsive, Maasai Mara University shall notify each tenderer who submitted a tender Maasai Mara University 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 its qualification or who refuses to enter into a contract after notification of contract award shall be considered for debarment from participating in future public procurement. 16

17 2.27 Notification of Award Prior to the expiration of the period of tender validity, Maasai Mara University will notify the successful tenderer in writing that its tender has been accepted The notification of award will constitute the formation of the contract subject to the signing of the contract between the tenderer and Maasai Mara University pursuant to clause Simultaneously the unsuccessful tenderers shall be notified that their tenders have been unsuccessful Discharge of tender security Upon the successful Tenderer s furnishing of the performance security pursuant to paragraph 2.30, Maasai Mara University will promptly notify each unsuccessful Tenderer and will discharge its tender security, pursuant to paragraph Signing of Contract Maasai Mara University will notify the successful tenderer that its tender has been accepted, Maasai Mara University will simultaneously inform the other tenderers that their tenders have not been successful Within fourteen (14) days of receipt of the Contract Form, the Successful tenderer shall sign and date the contract and return it to Maasai Mara University The contract will be definitive upon its signature by the two parties The parties to the contract shall have it signed within 30 days from the date of notification of contract award unless there is an Administrative review request Performance Security The successful tenderer shall furnish the performance security in accordance with the Appendix to instructions to tenders, in a form acceptable to Maasai Mara University Failure by the successful tenderer to comply with the requirement of paragraph 2.29 or paragraph shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security, in which event Maasai Mara University may make the award to the next lowest evaluated tender or call for new tenders. 17

18 2.31 Corrupt or Fraudulent Practices Maasai Mara University 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 not and will not be involved in corrupt or fraudulent practices Maasai Mara University will reject a proposal for award if it determines that the tenderer recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question Further a tenderer who is found to have indulged in corrupt or fraudulent practices risks being debarred from participating in public Procurement in Kenya. 18

19 Appendix to Instructions to Tenderers 1. Omit the following clauses: 2.12,

20 SECTION IV - GENERAL CONDITIONS OF CONTRACT TABLE OF CLAUSES Page 3.1 Definitions Application Standards Use of Contract Documents and Information Performance Security Delivery of Services and Documents Payment Prices Assignment Termination for Default Termination for Insolvency Termination for Convenience Resolution of Disputes Governing Language Applicable Law Force Majeure Notices

21 SECTION IV GENERAL CONDITIONS OF CONTRACT 3.1. Definitions In this Contract, the following terms shall be interpreted as indicated: (a) The Contract means the agreement entered into between Maasai Mara University 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. (b) The Contract Price means the price payable to Maasai Mara University under the Contract by the tenderer for the full and proper performance of the contractual obligations (c) Maasai Mara University is the organization offering the particulars of the tender under this Contract (d) The Contractor means the organization or firm procuring the particulars of tender under this Contract. (e) GCC means the General Conditions of Contract (f) SCC means the Special Conditions of Contract (g) Day means calendar day 3.2. Application These General Conditions shall apply to the extent that they are not super-ceded by provisions of other part of the contract 3.3. Standards The services provided under this Contract shall conform to the standards mentioned in the schedule of particulars of the tender Use of Contract Documents and Information The Contractor shall not, without the Maasai Mara University s prior written consent, disclose the Contract, or any provision therefore, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of Maasai Mara University in connection therewith, to any person other than a person employed by the contractor in the performance of the Contract The Contractor shall not, without the Maasai Mara University s prior written consent, make use of any document or information enumerated in paragraph above. 21

22 3.4.3 Any document, other than the Contract itself, enumerated in paragraph shall remain the property of the Procuring entity and shall be returned (all copies) to Maasai Mara University on completion of the contractor s performance under the Contract if so required by Maasai Mara University. 3.5 Performance Security Within twenty eight (28) days of receipt of the notification of Contract award, the successful tenderer shall furnish to Maasai Mara University the performance security where applicable in the amount specified in SCC The proceeds of the performance security shall be payable to Maasai Mara University 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 Maasai Mara University and shall be in the form of: (a). Cash. (b). A bank guarantee. (c). Such insurance company guarantee approved by the Authority. (d). A letter of credit from a reputable bank The performance security will be discharged by Maasai Mara University and returned to the Contractor not later than thirty (30) days following the date of completion of the Contractor s performance of obligations under the Contract, including any warranty obligations, under the Contract Delivery of services and Documents Delivery of the services shall be made by the Contractor in accordance with the terms specified by Maasai Mara University in the schedule of requirements and the special conditions of contract Payments Tender shall be priced in Kshs Prices Prices charged by the procuring entity for particulars provided under the Contract shall not, with the exception of any price adjustments authorized in SCC vary from the prices quoted by 22

23 the Contractor in its tender or in Maasai Mara University s request for tender validity extension as the case may be. No variation in or modification to the terms of the contract shall be made except by written amendments signed by the parties Contract price variations shall not be allowed for contract not exceeding one year (12 months) Where contract price variation is allowed, the variation shall not exceed 15% of the original contract price Price variation requests shall be processed by Maasai Mara University within 30 days of receiving the request Assignment The Contractor shall not assign, in whole or in part, its obligations under this Contract, except with Maasai Mara University s prior written consent Termination for Default Maasai Mara University may, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Contractor terminate this Contract in whole or in part: (a) if the Contractor fails to provide any or all of the services within the period(s) specified in the Contract, or within any extension thereof granted by Maasai Mara University. If the Contractor fails to perform any other obligation(s) under the Contract (b) If the Contractor in the judgment of Maasai Mara University has engaged in corrupt or fraudulent practices in competing for or in executing the contract In the event Maasai Mara University terminates the contract in whole or in part, it may procure, upon such terms and in such manner as it deems appropriate, services similar to those un-delivered and the Contractor shall be liable to Maasai Mara University for any excess costs for such similar services. However the contractor shall continue performance of the contract to the extent not terminated Termination for Insolvency Maasai Mara University may at any time terminate the contract by giving written notice to the Contractor if the contractor becomes bankrupt or otherwise insolvent. In this event, 23

24 termination will be without compensation to the contractor, provided that such termination will not prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to Maasai Mara University Termination for Convenience Maasai Mara University by written notice sent to the contractor may terminate the contract in whole or in part, at any time for its convenience. The notice of termination shall specify that the termination is for Maasai Mara University s convenience, the extent to which performance of the contractor under the contract is terminated and the date on which such termination becomes effective For the remaining part of the contract after termination, Maasai Mara University may elect to cancel the services and pay to the contractor an agreed amount for partially completed services Resolution of Disputes Maasai Mara University and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or disputes arising between them under or in connection with the contract If after thirty (30) days from the commencement of such informal negotiations both parties have been unable to resolve amicably a contract dispute either party may require that the dispute be referred for resolution to the formal mechanisms specified in the SCC Governing Language The contract shall be written in the English language. All correspondence and other documents pertaining to the contract, which are exchanged by the parties, shall be written in the same language Applicable Law The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC. 24

25 3.16. Force Majeure The Contractor 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 Notices Any notices given by one party to the other pursuant to this contract shall be sent to the other party by post, Fax or and confirmed in writing to the other party s address specified in the SCC A notice shall be effective when delivered or on the notices effective date, whichever is later. 25

26 Appendix to General Conditions of Contract 1. Omit the following clauses: 3.5, 3.8.2,

27 SECTION V - SPECIAL CONDITIONS OF CONTRACT Maasai Mara University is a Public Institution with its main campus in Narok County- Kenya. The University has established learning centres in various towns including one in Nairobi. In addition, there has been a demand for increased Maasai Mara University programs. In the past few years, the University has recorded a phenomenon growth in students enrolment. Therefore because of these and the need to expand its operations in Nairobi, the University is in the process of identifying an appropriate and suitably located building for purchase. The Property should satisfy the following Specifications i. The land where the building stands should not be less than 0.5 acre. The land should be registered, with clear ownership with a lease of not less than 45 years and free from any encumbrances whatsoever, i.e. the remainder of the lease shall not be less than 45years ii. The building shall be within the Nairobi City and not more than 5 km from the City iii. Central Business District (CBD) accessible via a motor-able road. iv. The premise must have the following: Adequate Sanitation facilities preferably in every floor Utilities including water supply, sewerage system, and power supply Availability of fire fighting and fire safety equipment The premise shall comply with all applicable laws requirement particularly section 22(1) of the persons with Disabilities Act (Act.no.14 of 2003) and all other laws, regulations and industry standards relating to the accessibility of premises by people with disabilities. Adequate parking space as per the Nairobi County Government By-laws Adequate security features e.g. CCTV cameras Occupation certificate Internet connectivity The premise must also meet the guidelines set by Commission for University Education(second schedule of standards of physical resources of the universities standards and guidelines,2014) 27

28 Invitation to Bid The University thus invites bids for purchase of property that meets the above specification from property owners or legally appointed agents. The bid prices quoted shall be all inclusive of statutory taxes and agents fees where applicable. The seller shall state the conditions of sale and down payment and terms of completion of balance due. INSTRUCTIONS PRIOR TO FILLING OF UNIT RATES 1. Tenderers shall submit their bid in plain sealed envelopes marked Tenders for purchase of property in Nairobi City (CBD); Tender No. MMU/T/007/ and shall bear no identification mark of the Tenderer. 2. Form of tender attached hereto and all blanks in this Form of tender and in the schedules shall be completed. 3. No alterations shall be made on the form of tender. 4. Tenderers shall fill one form of tender for each building in case one bidder has more than one building on offer. 5. The tenderer (whether his tender is accepted or not) and all other recipients of the specification and documents (whether they submit a tender or not) shall treat the details of the specifications and documents attached hereto as private and confidential. 6. The client does not bind himself to accept the lowest or any tender and will not be responsible for any expenses or losses which may be incurred by any Tenderer in the preparation of the tender. 7. It will be presumed that the Tenderer has legal capacity to enter into a contract on his behalf or as agent. 8. The tenderer will be deemed to have been awarded when a formal notice is given to the Tenderer that the client has accepted the Tenderers bid and an agreement is signed. 9. Failure on the part of the tenderer to furnish the information requested for or to comply with these instructions may be a cause for the rejection of the bid. 10. The tender shall remain valid for one hundred fifty (150) days from the date of tender opening. 11. The rates given for each individual item shall form part of the contract. 28

29 12. A rate is to be inserted, in ink against each item in the schedule, whether stated or not, and if the tenderer includes the cost of a particular item. Elsewhere in his rates, he shall insert the word nill against the particular item. Should the tenderer omit to price an item, then it will be assumed that he has included the cost of the item elsewhere in his rates. 13. The tenderers attention is drawn to the finance Act requiring that all contracts entered into will pay statutory taxes when due and the same shall be in the rates quoted. 14. The tenderer shall furnish together with his bid the statutory documents as proof of premise ownership, including certificate of lease, certificate of occupation and current certificate of search. 15. The tenderer shall furnish with his bid the standard lease agreement they propose to use in the event their bid is successful. 29

30 SECTION VI: EVALUATION OF THE PROPOSAL Proposals will be evaluated by the procuring entity on the following criteria to best meet the need for the entity. This will be based on the cost and other quality factors; A: PRELIMINARY EVALUATION (mandatory statutory requirements) To be deem responsive submitted tenders must fulfill the following mandatory requirements i. Facility name and location ii. Approved architectural and structural drawings for the buildings. iii. Certified copies of title deed. iv. Current search certificate(not older than 3 months) v. Extension of user to educational purposes vi. NEMA compliance certificate i.e. EIA/EA report. vii. Certified copy for the occupation certificate. viii. Proof of remainder of lease of not less than 45years and must be free from any encumbrances whatsoever. ix. Evidence of paid up land rates (up to date) x. The name and evidence i.e. national identity card of the prospective seller NB: a) Tenders that do not meet any of the above requirements shall be considered not responsive, and shall be disqualified and shall not be considered for further evaluation. b) Please attach documentary evidence 30

31 B: TECHNICAL EVALUATION (80 points) Tenders meeting the minimum responsiveness requirements shall be evaluated according to the following evaluation criteria 1. Available room spaces as listed below. (10pts) Floor area in [M 2 ] Respective minimum Floor to ceiling Fill in quantity window opening height[m] available in numbers area[m 2 ] M 2 Square meters M- Linear meters 2. Location (3pts) Describe the location of the premises with information on major roads, landmark building etc. 3. Accessibility....(3pts) Provide a location plan showing of pathways and roads to the facility. 4. Built Up Area....(6pts) Indicate the built area measurement on the land and the approximate free space (open space measurements) in acreage. 5. Parking Space...(3pts) Provide the number of parking spaces available 6. Safety...(15pts) Structural safety: copy of relevant professionals or organization approval e.g. occupation certificate, health and safety officers, Architect certificate etc. 31

32 Fire safety: i. Provide the copy of the current inspection of firefighting equipment in the premise ii. Provide the quantity and type of fire extinguishers iii. Provide the quantity of the hose reels (fixed or swinging) iv. Availability of smoke detectors v. Availability of dry riser for building exceeding 4 storeys vi. Any other additional information 7. Sanitation..(10pts) Provide the following information i. Number of female washrooms ii. Number of male washrooms iii. Number of urinals iv. Number of wash hand basin v. Number of drinking water fountains 8. Utility Services.. (8pts) i. Indicate sources of water if not from the government agency provide the latest water quality test results (bacteriological and physical/chemical testing). ii. Provide information on wastewater collection, treatment and disposal system. iii. Indicate the capacity and age of available power backup Generator if any. iv. Internet connectivity 9. Commission for university education guidelines...(12pts) Distance to neighboring installations and businesses that are restricted for education institutions. (e.g. bars, bus stop etc) 10. Compliance with applicable laws and by laws.. (10pts) Provide evidence of compliance with all applicable laws requirement particularly section 22(1) of the persons with Disabilities Act (Act.no.14 of 2003) and all other laws, regulations and industry standards relating to the accessibility of premises by people with disabilities. NB: - Only bidders who scores 60% and above shall be considered for further evaluation. 32

33 C: FINANCIAL EVALUATION (20 points) Price quoted shall contribute to 20 points of the total score and this shall be evaluated relatively on the basis of lowest quoted price using the formula Pc= PL/P 20 where; Pc is the allocated score, PL is the lowest quoted price of bids passing the technical evaluation and P is the bidder s price under consideration. The total score is the sum of the technical evaluation score plus the financial evaluation score. Bidders shall be awarded on the basis of combined score: Technical and Financial. The bidder with the highest combined score shall be awarded the tender. The Lowest Evaluated Tender (LET) among those qualified will have their bids considered for award. The underwriter to be considered must have met the mandatory and technical requirements. Any bidder who shall be found to have supplied false or misleading information shall be disqualified and the next lowest tender shall be considered. NB: - State clearly terms and condition of payment. OTHER REQUIRED INFORMATION 1. FACILITY STATUS - IS THE FACILITY (check one) Existing under construction If existing, age of the facility.. If under construction, projected completion date 2. BUILDING INFORMATION TOTAL NUMBER OF FLOORS Number of floors available for purchase. Approximate useable area per floor. Average ceiling height.. 3. SIGNAGE Describe interior and exterior signage included or available. 33

34 COST OF THE PROPERTY Specify the sale price inclusive of all charges (specify the charges) and taxes Summary of prices S/No. Item Description Unit Quantity Unit Price Amount 1. Total Price for the building 2. Other incidental Items costs-commissions, fees etc i. ii. iii. iv. etc GRAND TOTALS ESCALATION, IF ANY, DESCRIBE ANY ESCALATION. CONTACT Facility Owner /Agent Address Town, County. Tel:... 34

35 SIGNATURE OF THE PROPOSER I have read RFP number dated.and warrant that all statements herein are true and correct. I further represent and warrant that I am the owner or am empowered and duly authorized to execute this proposal on behalf of the owner of the proposed facility. This offer will remain in effect of least one hundred fifty (150) days following the deadline for submittal under the request for proposal.. Signature (owner /agent) Date. Company DEED OF PURCHASE TO BE DONE BY LEGAL OFFICER 35