Kenya Bureau of Standards

Kenya Bureau of
Standards
Standards for quality life
ADDENDUM N0.1 FOR TENDER NO.KEBS T056/2014/2015
KEBS Head Office
P. 0 . Box 54974, Nairobi 00200
Tel. : +254 (0) 20 6005490, 6005506,
Mobile: 0722 202137/8,
0734 600 471/2
Fax : +254 {0) 20 6009 660
Direct Dial: +254 (0) 20 694 8000
E-Mail: [email protected]
Web: http://www.kebs.org
KEBS Coast Region
P. 0 . Box 99376,Mombasa80100
Tel: +254 (0) 412317050,2230939138/40
Fax: +254 (0) 41229 448
E-mail: [email protected]
KEBS Lake Region
P. 0 . Box 2949, Kisumu 40100
Tel: +254 (0) 57 202 8396, 202 9549
Fax: +254(0)57202781 4
E-mail: [email protected]
KEBS Rift Valley Region
P. 0 . Box2138,Nakuru20100
Tel:+254(0)51221 0553/5,2211208
Fax: +254 (0) 51221 0076
E-Mail: [email protected]
KEBS Mt. Kenya Region
P. O.Box 1790, Nyeri 10100
Tel:+254(0)612031410!1
Fax: +254(0)612032038
E-Mail:[email protected]
OUR REF: KEBSIT05612014/2015
10th November, 2014
TO: ALL INTERESTED BIDDERS ADDENDUM N0.1 FOR TENDER NO.KEBS
T0561201412015
Reference is made to the above International Tender for Provision of PreShipment Verification of Conformity to Standards (PVoC), f9r which we
would like to make clarifications on the following questions raised:
1. Page 13: 2.1 Eligible tenderers- 2.1.1 iv and also 2.22.1 table line 1 page 19,
3'd bullet point: There is an edition year for the /SO 9001:2008 but not for ISO
17020, should it be read 2012 (last edition)?
Clarification:
Accreditation certificates issued after 1st March 2012 against ISO/IEC 17020:2012
and Certificates issued before 1st March 2012 against ISO/IEC 17020: 1998 shall
be valid for this tender.
2. Page 20: 2.22.2 Criteria for Evaluation Financial Proposals- art 1:There are
15 points for this criterion and there are 3 factors to be considered (1 per
route). Is there a maximum of 5 points allocated for each route?Shall the
factor proposed to 2.22.2-1 be the same for all the regions?
Is there a maximum of 5 points allocated for each route?
Clarification:
The factors for weighting of points allocated for the different routes are given in
clause 2.22.2- 1 (i, ii and iii) of the Appendix to Instruction to Tenderers.
Shall the factor proposed to 2.22.2-1 be the same for all the regions?
KEBS North Eastern Region
P. 0 . Box 978, Garissa 70100
Tel:+254(0)462519
Fax: +254 (0)46 3455
E-Mail:[email protected]
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Clarification:
Yes
3. Page 28:5.1 Performance Security
"irrevocable performance security... for the amount of USD
equivalent to 10% of the tender price."What would be the amount as
the total revenue is not known?
Why can't KEBS set a fixed amount to be paid by the successful!
service providers as performance security?.
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Clarification:
Within thirty (30) days of the signing of the contract, the successful tenderer shall
furnish the performance security in accordance with the conditions of contract in
the Performance Security Form provided in the Request for Proposal documents,
or in another form acceptable to the Kenya Bureau of Standards.
4. Page 33: 6.1.3 Routes
Route A: (inspection and testing)- This is for high risk·products
Route B: (Supplier Declaration of conformity and surveillance) - This
is based on type approval and evidence of supplier's ability to
consistently meet the quality requirements.
Route C: (Licensing and surveillance)
Shall we understand that these routes could be slightly different from the
ones currently applicable under the PVOC Kenya? This considering the
article 5.2.8 (sealing of consignments) and 5.2.9 Risk Management.
Clarification
Clause 6.1.3 requires the tenderers to propose methodologies for carrying out
conformity assessment under the three routes described in the clause. No
comparison with the current certification routes has been made or sought.
5. Page 94: 6.4 Distribution of Regions under this tender
Is there a limit to the number of service providers per geographical zone?
How many inspection bodies will be awarded in one region?
Clarification:
The number of providers will be determined by the results of the Technical and
Financial Evaluation of the bidders.
6. The amount proposed by the bidder to be paid by the exporter as fees under
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Routes A, B and C respectively......... " In phase 1 of formula for determining
the financial score of 2.22.2 in appendix to the instruction to the tenderers"
Our understanding is that the amount means the factors in the route cost
structure such as Route A- facior of 0.5, Route B- factor of 0.3 Route Cfactor of 0.2). Please kindly clarify whether our understanding of the
meaning of "The amount" is correct or not.
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Clarification:
As given in clause 2.22.2 (1) (pg 20) of the Appendix to the Instruction to
renderers, the amount refers to the amount of money to be paid by the Exporter
as fees under Routes A, B and C respectively as defined in 2.11.1 (c ) (pg 17) Financial proposal
7. Regarding" .................. Each region tendered for will be evaluated and
points awarded separately." In 2.22.1 "Criteria for Evaluation of Technical
Proposals" of Appendix to the Instruction to renderers" if one bidder
tendered for multiple regions our understanding is that he will get the
several overall scores and (technical Score plus Financial Score)
corresponding to each region he tendered instead of one overall scores
corresponding to the bidder; on the other words the overall score of one
region will not affect the award result of the other regions he tendered.
Please kindly clarify whether our above understanding is correct or not.
Clarification:
The understanding is correct.
8. Should service providers really quote the costs related to inspection;
sampling; container sealing etc?
Clarification:
This will be as per the Appendix to Instructions to the renderers. Refer to clause
2.11.1(c) (pg 17).
9. Why can't Kebs fix a uniform royalty fee to be paid by the successful
bidder?
Clarification:
This will be as per the Appendix to Instructions to the renderers Refer to clause
2.11.1(c).(pg 17).
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10. Does KEBS really want the service providers to be involved in the sealing of
consignment upon certification?,
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Clarification:
Yes, because this will ensure traceability of what is inspected up to when it is
shipped.
11. Why does Kebs want the Service Providers to set the Ad Valoreum FOB
value (%) for each route?
Clarification:
Bidders need to set Ad Valoreum FOB value(%) for each route because this is a
competitive tender.
12. We are requesting KEBS to call a pre-Bid meeting as soon as possible to
discuss with the potential Service providers the technical issues related
issues related to the description of service to be provided under the PVoC
programme.
Clarification:
This was not provided for in the RFP.
13. Missing pages in the tender document that is page 35 and 36.
Clarification:
The missing pages (35 and 36) in the tender document have been provided and
are available on kebs website www.kebs.org and the same can be collected from
the Procurement Office during office working hours.
14: Does Kebs intend to have accreditation fees paid by each of the service
providers for each of the 20 Regions?
Clarification:
The current RFP document has no reference to accreditation fees.
15. Whether a Tender Security issued by an insurance company based in Kenya
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would be acceptable?
Clarification:
The Tender Security acceptable is as per Tender Document Instructions to
Tenderers of clause 2.12.2 (pg 17).
16. Please confirm if we are ok to add to the wording for the Tender Security
Form as at present it dosen't allow for an expiry date to be included
anywhere. The closest it comes to referring to an expiry date is in the last
paragraph where is says.
"The guarantee will remain in force up to an 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". Bearing in mind the bid
opening date of 24th November 2014, we request the additional inclusion of
an expiry date that meets the 150 day tender vadility period i.e "The
guarantee will remain in force up to and including thirty (30) days after the
period of tender vadility, and any demand in respect thereof should reach
the Bank not later than the above date.
Where we have received no such claim by 23'd May 2015 (or other calculated
date) at the latest, we stand released from our liability under this guarantee".
Clarification:
The tender security form is standard and cannot be amended. For purposes of
clarity refer to clause 2. 12. 1 (pg 17) and clause 4.2(pg 26-27).
17.
Page 17 Clause 2.11.1(b) Technical Requirements
B. A schedule of how the client will provide training to the client's
personnel.
The clause appears incorrectly worded and is probable meant to be a
training schedule for client
personnel, as mentioned ion clause 8, page
20( Criteria of evaluation for technical proposals).
Clarification:
The above observation is correct.
18.
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Page 24 Clause 3.8 prices
Prices charged by the contractor for services performed under the Contract
shall not, with the exception of an,Y price adjustments authorized in sec,
vary from the prices by the tendered in its tender or in the Kenya Bureau of
Standards, 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 amendment signed by the parties.
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Page 27 SCC Clause 4.2 (3.9)
No price changes shall be allowed. Does this mean that if successful bidders
quote different prices, they will be obliged to keep to the quoted prices
during the life of the contract? If this is the case, then the operation of the
programme could present a new and great challenge in ensuring fair play.
Clarification:
Negotiations will take place with the successful bidders to establish a harmonized
contract price.
19.
Page 28 Clauses 5.2.81nspectionNerification services
The contractor shall seal consignment upon certification.
The clause appears a bit unclear. Was it meant to mean that a requirement
to seal FCL consignments after successful inspections, wherever feasible?
Clarification:
The Contractor shall seal consignments upon certification.
20.
Clause 5.4 Service Delivery Timelines
5.4.1 The Contractor shall, in consultation with the exporter, schedule and
carry out physical inspection of goods with four(4) working days for sea
bund shipments and 24 hours for airfreight upon receipt of duly completed
Request for Certification (RFC) form unless otherwise requested by
exporter. The clause above needs to include the requirements for the
exporter to have met any other pending mandatory obligations e.g paid the
requisite PVoC fees . The requirement to schedule inspections for air
shipments faster than those for sea shipments may be construed as undue
preference, given the fact that an explorer could equally have an urgent sea
shipments.
Clarification:
The contractor- exporter agreemeptlarrangement will apply
21.
Page 15 Clause 2~11.1(a) Preliminary Proposal Stage
In the premilinary proposal stage, the tenderer shall be substantially
responsive to the following requirements of this tender and shall
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satisfactorily provide the following information in order to proceed to the
technical stage:
3. Tax compliance certificates from the relevant countries of operation.
This may be a document readiliy available in most countries globally. We
request this clause to be ammended to allow certificates of good standing,
audited accounts and a statement from service provider that they are tax
compliant.
Clarification:
In the absence of a tax compliance certificate there must be evidence of
compliance to taxation regulations from the relevant Tax Regulators especially
from the country where the Head office is located.
22.
Page 15 Clause 2.11.1 (a) Preliminary proposal Stage.
6. Ceritified copy of the company's registration to do business in each of
country in which it intends to provide the service.
The absence of such documentation from countries that barely, if ever,
export to Kenya seems to unfairly suggest that this would jeopardize the
chances of accreditation for the entire region. E.g some of the "obscure"
countries have no records of exports to Kenya between Jan 2012 and June
2014, as provided by KEBS data on page 30·3. Some of the countries are
under the list of embargoed countries e.g. Sudan, North Korea, Cuba etc.
Clarification:
Certificates of registration must be provided for countries that export products to
Kenya and especially for countries listed from page 30 to 32 in the RFP.
23.
Page 17 Clause 2.11.1.(c) Financial Proposal
Page 18 Clause 2.14.3. Financial Envelope
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Page 20 Clause 2.22.1. Criteria for Evaluation of Technical proposals
Page 20, 21 Clause 2.22.2-Criteria-for Evaluation of Financial proposals
Are the contractors expected to submit a financial offer per region?
Will KEBS have a limited of providers /contractors per region or is a
technical score of 60 enough to be qualified for a specific region.
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Clarification:
24.
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Yes, contractors are expected to submit a financial offer per region.
•
The number of providers per Region shall be determined by the results of the
Technical and Financial Evaluation of the bidders.
We here by requesting you to share the requirements to be a part of the
subjected programme, the company details ,;Ire enclosed for your kind
information. What is the procedure to get authorized inspection service
provider, along with this commercial terms to be associated with KEBS.
Clarification:
Please find answers to the above Questions in the Tender KEBS T056/2014-2015
available in the website
25.
Under section 6.4.1, we are provided with distribution of regions and groups.
For that matter we would like your good office to help us comprehend the
idea of Certification of re-exporting goods originating from outside the East
Africa under region 20 (East Africa). This would enable us quote
appropriately. Kindly advice further on this process as expected.
Clarification:
Goods originating from outside East Africa being re-exported to Kenya from EAC
would be subject to re-inspection.
26.
Please also advice if it is possible to get statistics on revenue generated by
the last PVOC program me and approximately the amount of royalty paid to
the KEBS office in relation to the magnitude of the contract.
Clarification
The above information is not required for the purposes of this Request for
Proposal (RFP).
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AMENDMENT 1
Special conditions of contract
3.8 (pg 27) Prices -As in 3.8, no price changes shall be allowed.
3.9 is deleted.
All other conditions remain the same.
MANAGING DIRECTOR
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