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Page 1 of 50 Tender No: AFA/08/2018-2019 TENDER NAME: PROVISION OF INTERNET SERVICES CLOSING DATE: Wednesday, 14 th November 2018 TIME: 11.30 AM

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Page 1: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 1 of 50

Tender No AFA082018-2019

TENDER NAME PROVISION OF

INTERNET SERVICES

CLOSING DATE Wednesday 14th November 2018

TIME 1130 AM

Page 2 of 50

TABLE OF CONTENTS

SECTION I - INVITATION TO TENDER 3

SECTION II INSTRUCTION TO TENDERERS 4

SECTION III GENERAL CONDITIONS OF CONTRACT 18

SECTION IV SPECIAL CONDITIONS OF CONTRACT 23

SECTION V - DESCRIPTION OF SERVICES 24

SCHEDULE OF REQUIREMENTS 24

MANDATORY EVALUATION CRITERIA 25

TECHNICAL SPECIFICATIONS 27

LOCATION AND LOCAL LOOP SITES REQUIREMENTS 29

BIDDER CAPACITY EVALUATION CRITERIA 31

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA 33

GENERAL INTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS 33

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA 35

NETWORK EQUIPMENT EVALUATION CRITERIA 38

PRICE SCHEDULE 40

SECTION VI STANDARD FORMS 41

Page 3 of 50

SECTION I - INVITATION TO TENDER

Agriculture and Food Authority invites sealed Tenders from interested and eligible bidders

as listed below

OPEN NATIONAL TENDERS (ONT)

NO

Tender Ref No Tender Name

Eligibility

Closing Date

1

AFAT082018-2019

Provision of

Internet Services

Open

National

Tender

Wednesday

14th November

2018 at 1130

am

A complete set of tender documents containing detailed information may be downloaded

from tendersgoke or Agriculture and Food Authority website wwwafagoke

free of charge Bidders who download the tender document are advised to email their

contact address using the email tendersafagokebefore the tender closing date

Prices quoted should be inclusive of all taxes and delivery costs and must be expressed in

Kenya shillings and shall remain valid for a period of 120 days from the closing date of

the tender

Completed tender documents are to be enclosed in plain sealed envelopes marked with

the tender number and tender name and be deposited in the Tender Box located at

the reception - Tea House or Addressed to

The Director General Agriculture and Food Authority

Tea House Naivasha Road off Ngong Road P O Box 37962 - 00100

NAIROBI

so as to be received on or before (Wednesday 14th November 2018 at 1130 am

Local Time) Tenders will be opened immediately thereafter in the presence of the

candidatesrsquo representatives who choose to attend at the Agriculture and Food Authority

Tea House Ground floor room 1

For further inquiries please call 254 20 3872421 3872497 3874456

Cell 254 722 200556 or 254 734 600994 emailinfoafagoke or tendersafagoke

FOR DIRECTOR GENERAL

Page 4 of 50

SECTION II INSTRUCTION TO TENDERERS

21 Eligible tenderers

211 This Invitation to tender is open to all tenderers eligible as described in the

instructions to tenderers Successful tenderers shall provide the services for the

stipulated duration from the date of commencement (hereinafter referred to as

the term) specified in the tender documents

212 The Authority 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

213 Tenderers shall provide the qualification information statement that the

tenderer (including all members of a joint venture and subcontractors) is not associated or have been associated in the past directly or indirectly with a firm

or any of its affiliates which have been engaged by the Authority to provide

consulting services for the preparation of the design specifications and other documents to be used for the procurement of the services under this

Invitation for tenders

214 Tenderers involved in corrupt or fraudulent practices or debarred from

participating in public procurement shall not be eligible

22 Cost of tendering

221 The Tenderer shall bear all costs associated with the preparation and submission

of its tender and the Authority will in no case be responsible or liable for those costs regardless of the conduct or outcome of the tendering process

222 The price to be charged for the tender document shall not exceed

Kshs1 000= Where the tenderers download documents from Agriculture and

Food Authority website there shall be no cost

223 The Authority shall allow the tenderer to review the tender document free of

charge before purchase

Page 5 of 50

24 The Tender documents

241 The tender document comprises of the documents listed below and addenda issued in accordance with clause 6 of these instructions to tenders

i Instructions to tenderers ii General Conditions of Contract iii Special Conditions of Contract iv Schedule of Requirements v Details of service vi Form of tender vii Price schedules viii Contract form ix Confidential business

questionnaire form x Tender security form xi Performance security form

242 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

24 Clarification of Documents 241 A prospective candidate making inquiries of the tender document may notify the

Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective tenderers who have received the tender documentsrdquo

242 The Authority shall reply to any clarifications sought by the tenderer within 3 days

of receiving the request to enable the tenderer to make timely submission of its tender

25 Amendment of documents 251 At any time prior to the deadline for submission of tenders the Authority 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

252 All prospective tenderers who have obtained the tender documents will be notified of the amendment by email and such amendment will be binding on them

Page 6 of 50

253 In order to allow prospective tenderers reasonable time in which to take the

amendment into account in preparing their tenders the Authority at its discretion may extend the deadline for the submission of tenders

26 Language of tender

261 The tender prepared by the tenderer as well as all correspondence and

documents relating to the tender exchanged by the tenderer and the Authority 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

27 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 9 10 and 11 below

(b) Documentary evidence established in accordance with Clause 211 that the

tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted

(c) Tender security furnished is in accordance with Clause 212

(d) Confidential business questionnaire

28 Form of Tender 281 The tenderers shall complete the Form of Tender and the appropriate Price

Schedule furnished in the tender documents indicating the services to be performed

29 Tender Prices

291 The tenderer shall indicate on the Price schedule the unit prices where applicable

and total tender prices of the services it proposes to provide under the contract 292 Prices indicated on the Price Schedule shall be the cost of the services quoted

including all customs duties and VAT and other taxes payable 293 Prices quoted by the tenderer shall remain fixed during the term of the contract

unless otherwise agreed by the parties Atender submitted with an adjustable price quotation will be treated as non-responsive and will be rejected pursuant to paragraph

Page 7 of 50

294 Contract price variations shall not be allowed for contracts not exceeding one year (12 months)

295 Where contract price variation is allowed the variation shall not exceed

25 of the original contract price 296 Price variation requests shall be processed by the Authority within 30 days of

receiving the request 210 Tender Currencies

2101 Prices shall be quoted in Kenya Shillings unless otherwise specified in the

appendix to in Instructions to Tenderers 211 Tenderers Eligibility and Qualifications

2111 Pursuant to Clause 21 the tenderer shall furnish as part of its tender

documents establishing the tenderers eligibility to tender and its qualifications to perform the contract if its tender is accepted

2112 The documentary evidence of the tenderers qualifications to perform the contract

if its tender is accepted shall establish to the Authority satisfaction that the tenderer has the financial and technical capability necessary to perform the contract

212 Tender Security 2121 The tenderer shall furnish as part of its tender a tender security for the amount

and form specified in the Invitation to tender 2122 The tender security shall be in the Kshs 10000000

2122 The tender security is required to protect the Authority against the risk of Tendererrsquos conduct which would warrant the securityrsquos forfeiture pursuant to paragraph

2123 The tender security shall be denominated in a Kenya Shillings or in another freely

convertible currency and shall be in the form of a) A bank guarantee b) Such insurance guarantee approved by the Public Procurement Oversight

Authority 2124 Any tender not secured in accordance with paragraph 2121 and 2123 will be

rejected by the Authority as non-responsive pursuant to paragraph 220

Page 8 of 50

2125 Unsuccessful tendererrsquos 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 Authority

2126 The successful tendererrsquos tender security will be discharged upon the tenderer

signing the contract pursuant to paragraph 229 and furnishing the performance security pursuant to paragraph 230

2127 The tender security may be forfeited

(a) If a tenderer withdraws its tender during the period of tender validity specified

by the Authority on the Tender Form or

b) In the case of a successful tenderer ifthe tenderer fails (i) To sign the contract in accordance with paragraph 30 (ii) To furnish performance security in accordance with paragraph 31

(c) If the tenderer rejects correction of an error in the tender

213 Validity of Tenders 2131 Tenders shall remain valid for Ninety (90) days or as specified in the invitation

to tender after date of tender opening prescribed by the Authority pursuant to paragraph 218 A tender valid for a shorter period shall be rejected by the Authority as nonresponsive

2132 In exceptional circumstances the Authority may solicit the Tendererrsquos 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 212 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

214 Format and Signing of Tender

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY OF TENDERrdquo as appropriate In the event of any discrepancy between them the original shall govern

2142 The original and all copies of the tender shall be typed or written in indelible ink

and shall be signed by the tenderer or a person or persons duly authorized to bind the tenderer to the contract All pages of the tender except for un-amended printed literature shall be initialed by the person or persons signing the tender

Page 9 of 50

2143 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

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall

(a) be addressed to the Authority at the address given in the invitation to tender

(b) bear tender number and name in the invitation to tender and the words ldquoDO NOT

OPEN BEFORE 14th November 2018 at 1130 am 2153 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 ldquolaterdquo 2154 If the outer envelope is not sealed and marked as required by

paragraph 2152 the Authority will assume no responsibility for the tenderrsquos misplacement or premature opening

216 Deadline for Submission of Tenders

2161 Tenders must be received by the Authority at the address specified under paragraph 2152 no later 14th November 2018 at 1130 am 2162 The Authority may at its discretion extend this deadline for the submission of

tenders by amending the tender documents in accordance with paragraph 6 in which case all rights and obligations of the Authority and candidates previously subject to the deadline will thereafter be subject to the deadline as extended

217 Modification and withdrawal of tenders 2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission

provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed

marked and dispatched in accordance with the provisions of paragraph 215 A withdrawal notice may also be sent by email but followed by a signed confirmation copy postmarked not later than the deadline for submission of tenders

2173 No tender may be modified after the deadline for submission of tenders

Page 10 of 50

2174 No tender may be withdrawn in the interval between the deadline for submission

of tenders and the expiration of the period of tender validity specified by the tenderer on the Tender Form Withdrawal of a tender during this interval may result in the Tendererrsquos forfeiture of its tender security pursuant to paragraph 2127

2175 The Authority may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination

2176 The Authorityshall 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

218 Opening of Tenders 2181 The Procuring entity will open all tenders in the presence of

tenderersrsquo representatives who choose to attend at 14th November 2018 at 1130 amand in the location specified in the invitation to tender The tenderersrsquo representatives who are present shall sign a register evidencing their attendance

2183 The tenderersrsquo names tender modifications or withdrawals tender prices

discounts and the presence or absence of requisite tender security and such other details as the Authority at its discretion may consider appropriate will be announced at the opening

2184 The Authority will prepare minutes of the tender opening which will be submitted

to the tenderers that signed the tender opening register and will have made the request

219 Clarification of tenders 2191 To assist in the examination evaluation and comparison of tenders the

Authority 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 shall be sought offered or permitted

2192 Any effort by the tenderer to influence the Authority in the Authority tender

evaluation tender comparison or contract award decisions may result in the rejection of the tenderers tender

220 Preliminary Examination and Responsiveness 2201 The Authority will examine the tenders to determine whether they are complete

whether any computational errors have been made whether required securities have been furnished whether the documents have been properly signed and whether the tenders are generally in order

Page 11 of 50

2202 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

2203 The Authority may waive any minor informality or nonconformity 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

2204 Prior to the detailed evaluation pursuant to paragraph 23 the Authority 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 Authority determination of a tenderrsquos responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence

2205 If a tender is not substantially responsive it will be rejected by the Authority and

may not subsequently be made responsive by the tenderer by correction of the nonconformity

221 Conversion to a single currency

2211 Where other currencies are used the Authority 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

222 Evaluation and comparison of tenders

2221 The Authority will evaluate and compare the tenders which have been determined

to be substantially responsive pursuant to paragraph 220 2222 The comparison shall be of the price including all costs as well as duties and taxes

payable on all the materials to be used in the provision of the services 2223 The Authority 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 2224 and in the technical specifications

(a) Operational plan proposed in the tender

(b) Deviations in payment schedule from that specified in the Special Conditions of

Contract

Page 12 of 50

2224 Pursuant to paragraph 223 the following evaluation methods will be applied

(a) Operational Plan

The Authority requires that the services under the Invitation for Tenders shall be performed at the time specified in the Schedule of Requirements Tenders offering to perform longer than the Authority 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 on a 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 Authority may consider the alternative payment schedule offered by the selected tenderer

2225 The tender evaluation committee shall evaluate the tender within thirty (30) days

from the date of opening the tender 2226 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 223 Contacting the Authority 2231 Subject to paragraph 219 no tenderer shall contact the Authority on any matter

relating to its tender from the time of the tender opening to the time the contract is awarded

2232 Any effort by a tenderer to influence the Authority in its decisions on tender evaluation tender comparison or contract award may result in the rejection of the tenderers tender

224 Award of Contract a) Post qualification

2241 In the absence of pre-qualification the Authority 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

Page 13 of 50

2242 The determination will take into account the tendererrsquos 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 212 as well as such other information as the Procuring entity deems necessary and appropriate

2243 An affirmative determination will be a prerequisite for award of the contract to

the tenderer A negative determination will result in rejection of the Tendererrsquos tender in which event the Authority will proceed to the next lowest evaluated tender to make a similar determination of that Tendererrsquos capabilities to perform satisfactorily

b) Award Criteria

2243 Subject to paragraph 229 the Authority 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

2244 The Authority reserves the right to accept or reject any tender and to annul the tendering process and reject all tenders at any time prior to contract award without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Authority action If the Authority determines that none of the tenderers is responsive the Authority shall notify each tenderer who submitted a tender

2245 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

225 Notification of award 2251 Prior to the expiration of the period of tender validity the Authority will

notify the successful tenderer in writing that its tender has been accepted 2252 The notification of award will signify the formation of the Contract subject to the

signing of the contract between the tenderer and the Authority pursuant to clause 229 Simultaneously the other tenderers shall be notified that their tenders have not been successful

2253 Upon the successful Tendererrsquos furnishing of the performance security pursuant to paragraph 31 the Authority will promptly notify each unsuccessful Tenderer and will discharge its tender security pursuant to paragraph 212

226 Signing of Contract 2261 At the same time as the Authority notifies the successful tenderer that its tender

has been accepted the Authority will simultaneously inform the other tenderers that their tenders have not been successful

Page 14 of 50

2262 Within seven (7) daysof receipt of the Contract Form the successful tenderer shall sign and date the contract and return it to the Authority

2263 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 227 Performance Security

2271 Within fifteen (15) days of the receipt of notification of award from the

Authority 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 Authority

2272 Failure of the successful tenderer to comply with the requirement of

paragraph 229 or paragraph 2301 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security in which event the Authority may make the award to the next lowest evaluated or call for new tenders

228 Corrupt or Fraudulent Practices

2281 The Procuring entity requires that tenderers observe the highest

standard of ethics during 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

2282 The Authority will reject a proposal for award if it determines that the tenderer

recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question

2283 Further a tenderer who is found to have indulged in corrupt or fraudulent

practices risks being debarred from participating in public procurement in Kenya

Page 15 of 50

Appendix to instructions to tenderers

The following information for procurement of services shall complement or amend the provisions of the instructions to tenderers Wherever there is a conflict between the provisions 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

Clause No Instructions to tenderers Particulars of appendix to

instructions to tenderers

21 Tenderers Eligibility and Qualifications

Only Registered National suppliers are

eligible

24 Clarification of Documents Bidders should send clarification request to tendersafagokeand must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

222 The price to be charged for the tender document shall not exceed Kshs1000= Where the tenderers

download documents from

Agriculture and Food Authority

website or tendersgokethere shall

be no cost

This is an online tender the soft copy to be

downloaded free of charge

223 The Authority shall allow the

tenderer to review the tender

document free of charge before

purchase

Not applicable as this is an online document

241 A prospective candidate making inquiries of the tender document may notify the Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response

(including an explanation of the

query but without identifying the

source of inquiry) will be sent to all

prospective

Bidders should send clarification request to tendersafagoke and must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

Page 16 of 50

tenderers who have received the

tender documentsrdquo

212 Tender Security A bid bond of KES 100000 Must be

submitted with the tender document in the

banksInsurance letter

head

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY

OF TENDERrdquo as appropriate In the

event of any discrepancy between

them the original shall govern

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and

ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall a)be addressed to the Authority at the address given in the invitation to tender b)bear tender number and name in the invitation to tender and the words

ldquoDO NOT OPEN BEFORE(day date

and time of closing)rdquo

2152 The Authority will assume no

responsibility for the tenderrsquos

misplacement or premature opening

Applicable

2153 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 ldquolaterdquo

Applicable

2161 Tenders must be received by the

Procuring entity at the address

specified under paragraph 2152 no

later than (day date and time of

closing)

Tender Submission

DeadlineWednesday14th November2018

at 1130am

Page 17 of 50

2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

Applicable

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent

by email but followed by a signed

confirmation copy postmarked not

later than the deadline for

submission of tenders

Applicable

2202 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

No correction of errors The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction adjustment or amendment in any way by any

224 Award of Contract

The Authority may at its own discretion conduct due diligence on the

Eligible bidders to establish their ability

to perform the contract

The tenderer that will meet all the

evaluation criteria and his TENDER

SUM is the Lowest will be awarded the

tender for the provision of Internet

services for a period of two years

subject to satisfactory performance

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 2: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 2 of 50

TABLE OF CONTENTS

SECTION I - INVITATION TO TENDER 3

SECTION II INSTRUCTION TO TENDERERS 4

SECTION III GENERAL CONDITIONS OF CONTRACT 18

SECTION IV SPECIAL CONDITIONS OF CONTRACT 23

SECTION V - DESCRIPTION OF SERVICES 24

SCHEDULE OF REQUIREMENTS 24

MANDATORY EVALUATION CRITERIA 25

TECHNICAL SPECIFICATIONS 27

LOCATION AND LOCAL LOOP SITES REQUIREMENTS 29

BIDDER CAPACITY EVALUATION CRITERIA 31

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA 33

GENERAL INTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS 33

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA 35

NETWORK EQUIPMENT EVALUATION CRITERIA 38

PRICE SCHEDULE 40

SECTION VI STANDARD FORMS 41

Page 3 of 50

SECTION I - INVITATION TO TENDER

Agriculture and Food Authority invites sealed Tenders from interested and eligible bidders

as listed below

OPEN NATIONAL TENDERS (ONT)

NO

Tender Ref No Tender Name

Eligibility

Closing Date

1

AFAT082018-2019

Provision of

Internet Services

Open

National

Tender

Wednesday

14th November

2018 at 1130

am

A complete set of tender documents containing detailed information may be downloaded

from tendersgoke or Agriculture and Food Authority website wwwafagoke

free of charge Bidders who download the tender document are advised to email their

contact address using the email tendersafagokebefore the tender closing date

Prices quoted should be inclusive of all taxes and delivery costs and must be expressed in

Kenya shillings and shall remain valid for a period of 120 days from the closing date of

the tender

Completed tender documents are to be enclosed in plain sealed envelopes marked with

the tender number and tender name and be deposited in the Tender Box located at

the reception - Tea House or Addressed to

The Director General Agriculture and Food Authority

Tea House Naivasha Road off Ngong Road P O Box 37962 - 00100

NAIROBI

so as to be received on or before (Wednesday 14th November 2018 at 1130 am

Local Time) Tenders will be opened immediately thereafter in the presence of the

candidatesrsquo representatives who choose to attend at the Agriculture and Food Authority

Tea House Ground floor room 1

For further inquiries please call 254 20 3872421 3872497 3874456

Cell 254 722 200556 or 254 734 600994 emailinfoafagoke or tendersafagoke

FOR DIRECTOR GENERAL

Page 4 of 50

SECTION II INSTRUCTION TO TENDERERS

21 Eligible tenderers

211 This Invitation to tender is open to all tenderers eligible as described in the

instructions to tenderers Successful tenderers shall provide the services for the

stipulated duration from the date of commencement (hereinafter referred to as

the term) specified in the tender documents

212 The Authority 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

213 Tenderers shall provide the qualification information statement that the

tenderer (including all members of a joint venture and subcontractors) is not associated or have been associated in the past directly or indirectly with a firm

or any of its affiliates which have been engaged by the Authority to provide

consulting services for the preparation of the design specifications and other documents to be used for the procurement of the services under this

Invitation for tenders

214 Tenderers involved in corrupt or fraudulent practices or debarred from

participating in public procurement shall not be eligible

22 Cost of tendering

221 The Tenderer shall bear all costs associated with the preparation and submission

of its tender and the Authority will in no case be responsible or liable for those costs regardless of the conduct or outcome of the tendering process

222 The price to be charged for the tender document shall not exceed

Kshs1 000= Where the tenderers download documents from Agriculture and

Food Authority website there shall be no cost

223 The Authority shall allow the tenderer to review the tender document free of

charge before purchase

Page 5 of 50

24 The Tender documents

241 The tender document comprises of the documents listed below and addenda issued in accordance with clause 6 of these instructions to tenders

i Instructions to tenderers ii General Conditions of Contract iii Special Conditions of Contract iv Schedule of Requirements v Details of service vi Form of tender vii Price schedules viii Contract form ix Confidential business

questionnaire form x Tender security form xi Performance security form

242 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

24 Clarification of Documents 241 A prospective candidate making inquiries of the tender document may notify the

Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective tenderers who have received the tender documentsrdquo

242 The Authority shall reply to any clarifications sought by the tenderer within 3 days

of receiving the request to enable the tenderer to make timely submission of its tender

25 Amendment of documents 251 At any time prior to the deadline for submission of tenders the Authority 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

252 All prospective tenderers who have obtained the tender documents will be notified of the amendment by email and such amendment will be binding on them

Page 6 of 50

253 In order to allow prospective tenderers reasonable time in which to take the

amendment into account in preparing their tenders the Authority at its discretion may extend the deadline for the submission of tenders

26 Language of tender

261 The tender prepared by the tenderer as well as all correspondence and

documents relating to the tender exchanged by the tenderer and the Authority 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

27 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 9 10 and 11 below

(b) Documentary evidence established in accordance with Clause 211 that the

tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted

(c) Tender security furnished is in accordance with Clause 212

(d) Confidential business questionnaire

28 Form of Tender 281 The tenderers shall complete the Form of Tender and the appropriate Price

Schedule furnished in the tender documents indicating the services to be performed

29 Tender Prices

291 The tenderer shall indicate on the Price schedule the unit prices where applicable

and total tender prices of the services it proposes to provide under the contract 292 Prices indicated on the Price Schedule shall be the cost of the services quoted

including all customs duties and VAT and other taxes payable 293 Prices quoted by the tenderer shall remain fixed during the term of the contract

unless otherwise agreed by the parties Atender submitted with an adjustable price quotation will be treated as non-responsive and will be rejected pursuant to paragraph

Page 7 of 50

294 Contract price variations shall not be allowed for contracts not exceeding one year (12 months)

295 Where contract price variation is allowed the variation shall not exceed

25 of the original contract price 296 Price variation requests shall be processed by the Authority within 30 days of

receiving the request 210 Tender Currencies

2101 Prices shall be quoted in Kenya Shillings unless otherwise specified in the

appendix to in Instructions to Tenderers 211 Tenderers Eligibility and Qualifications

2111 Pursuant to Clause 21 the tenderer shall furnish as part of its tender

documents establishing the tenderers eligibility to tender and its qualifications to perform the contract if its tender is accepted

2112 The documentary evidence of the tenderers qualifications to perform the contract

if its tender is accepted shall establish to the Authority satisfaction that the tenderer has the financial and technical capability necessary to perform the contract

212 Tender Security 2121 The tenderer shall furnish as part of its tender a tender security for the amount

and form specified in the Invitation to tender 2122 The tender security shall be in the Kshs 10000000

2122 The tender security is required to protect the Authority against the risk of Tendererrsquos conduct which would warrant the securityrsquos forfeiture pursuant to paragraph

2123 The tender security shall be denominated in a Kenya Shillings or in another freely

convertible currency and shall be in the form of a) A bank guarantee b) Such insurance guarantee approved by the Public Procurement Oversight

Authority 2124 Any tender not secured in accordance with paragraph 2121 and 2123 will be

rejected by the Authority as non-responsive pursuant to paragraph 220

Page 8 of 50

2125 Unsuccessful tendererrsquos 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 Authority

2126 The successful tendererrsquos tender security will be discharged upon the tenderer

signing the contract pursuant to paragraph 229 and furnishing the performance security pursuant to paragraph 230

2127 The tender security may be forfeited

(a) If a tenderer withdraws its tender during the period of tender validity specified

by the Authority on the Tender Form or

b) In the case of a successful tenderer ifthe tenderer fails (i) To sign the contract in accordance with paragraph 30 (ii) To furnish performance security in accordance with paragraph 31

(c) If the tenderer rejects correction of an error in the tender

213 Validity of Tenders 2131 Tenders shall remain valid for Ninety (90) days or as specified in the invitation

to tender after date of tender opening prescribed by the Authority pursuant to paragraph 218 A tender valid for a shorter period shall be rejected by the Authority as nonresponsive

2132 In exceptional circumstances the Authority may solicit the Tendererrsquos 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 212 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

214 Format and Signing of Tender

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY OF TENDERrdquo as appropriate In the event of any discrepancy between them the original shall govern

2142 The original and all copies of the tender shall be typed or written in indelible ink

and shall be signed by the tenderer or a person or persons duly authorized to bind the tenderer to the contract All pages of the tender except for un-amended printed literature shall be initialed by the person or persons signing the tender

Page 9 of 50

2143 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

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall

(a) be addressed to the Authority at the address given in the invitation to tender

(b) bear tender number and name in the invitation to tender and the words ldquoDO NOT

OPEN BEFORE 14th November 2018 at 1130 am 2153 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 ldquolaterdquo 2154 If the outer envelope is not sealed and marked as required by

paragraph 2152 the Authority will assume no responsibility for the tenderrsquos misplacement or premature opening

216 Deadline for Submission of Tenders

2161 Tenders must be received by the Authority at the address specified under paragraph 2152 no later 14th November 2018 at 1130 am 2162 The Authority may at its discretion extend this deadline for the submission of

tenders by amending the tender documents in accordance with paragraph 6 in which case all rights and obligations of the Authority and candidates previously subject to the deadline will thereafter be subject to the deadline as extended

217 Modification and withdrawal of tenders 2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission

provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed

marked and dispatched in accordance with the provisions of paragraph 215 A withdrawal notice may also be sent by email but followed by a signed confirmation copy postmarked not later than the deadline for submission of tenders

2173 No tender may be modified after the deadline for submission of tenders

Page 10 of 50

2174 No tender may be withdrawn in the interval between the deadline for submission

of tenders and the expiration of the period of tender validity specified by the tenderer on the Tender Form Withdrawal of a tender during this interval may result in the Tendererrsquos forfeiture of its tender security pursuant to paragraph 2127

2175 The Authority may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination

2176 The Authorityshall 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

218 Opening of Tenders 2181 The Procuring entity will open all tenders in the presence of

tenderersrsquo representatives who choose to attend at 14th November 2018 at 1130 amand in the location specified in the invitation to tender The tenderersrsquo representatives who are present shall sign a register evidencing their attendance

2183 The tenderersrsquo names tender modifications or withdrawals tender prices

discounts and the presence or absence of requisite tender security and such other details as the Authority at its discretion may consider appropriate will be announced at the opening

2184 The Authority will prepare minutes of the tender opening which will be submitted

to the tenderers that signed the tender opening register and will have made the request

219 Clarification of tenders 2191 To assist in the examination evaluation and comparison of tenders the

Authority 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 shall be sought offered or permitted

2192 Any effort by the tenderer to influence the Authority in the Authority tender

evaluation tender comparison or contract award decisions may result in the rejection of the tenderers tender

220 Preliminary Examination and Responsiveness 2201 The Authority will examine the tenders to determine whether they are complete

whether any computational errors have been made whether required securities have been furnished whether the documents have been properly signed and whether the tenders are generally in order

Page 11 of 50

2202 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

2203 The Authority may waive any minor informality or nonconformity 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

2204 Prior to the detailed evaluation pursuant to paragraph 23 the Authority 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 Authority determination of a tenderrsquos responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence

2205 If a tender is not substantially responsive it will be rejected by the Authority and

may not subsequently be made responsive by the tenderer by correction of the nonconformity

221 Conversion to a single currency

2211 Where other currencies are used the Authority 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

222 Evaluation and comparison of tenders

2221 The Authority will evaluate and compare the tenders which have been determined

to be substantially responsive pursuant to paragraph 220 2222 The comparison shall be of the price including all costs as well as duties and taxes

payable on all the materials to be used in the provision of the services 2223 The Authority 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 2224 and in the technical specifications

(a) Operational plan proposed in the tender

(b) Deviations in payment schedule from that specified in the Special Conditions of

Contract

Page 12 of 50

2224 Pursuant to paragraph 223 the following evaluation methods will be applied

(a) Operational Plan

The Authority requires that the services under the Invitation for Tenders shall be performed at the time specified in the Schedule of Requirements Tenders offering to perform longer than the Authority 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 on a 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 Authority may consider the alternative payment schedule offered by the selected tenderer

2225 The tender evaluation committee shall evaluate the tender within thirty (30) days

from the date of opening the tender 2226 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 223 Contacting the Authority 2231 Subject to paragraph 219 no tenderer shall contact the Authority on any matter

relating to its tender from the time of the tender opening to the time the contract is awarded

2232 Any effort by a tenderer to influence the Authority in its decisions on tender evaluation tender comparison or contract award may result in the rejection of the tenderers tender

224 Award of Contract a) Post qualification

2241 In the absence of pre-qualification the Authority 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

Page 13 of 50

2242 The determination will take into account the tendererrsquos 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 212 as well as such other information as the Procuring entity deems necessary and appropriate

2243 An affirmative determination will be a prerequisite for award of the contract to

the tenderer A negative determination will result in rejection of the Tendererrsquos tender in which event the Authority will proceed to the next lowest evaluated tender to make a similar determination of that Tendererrsquos capabilities to perform satisfactorily

b) Award Criteria

2243 Subject to paragraph 229 the Authority 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

2244 The Authority reserves the right to accept or reject any tender and to annul the tendering process and reject all tenders at any time prior to contract award without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Authority action If the Authority determines that none of the tenderers is responsive the Authority shall notify each tenderer who submitted a tender

2245 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

225 Notification of award 2251 Prior to the expiration of the period of tender validity the Authority will

notify the successful tenderer in writing that its tender has been accepted 2252 The notification of award will signify the formation of the Contract subject to the

signing of the contract between the tenderer and the Authority pursuant to clause 229 Simultaneously the other tenderers shall be notified that their tenders have not been successful

2253 Upon the successful Tendererrsquos furnishing of the performance security pursuant to paragraph 31 the Authority will promptly notify each unsuccessful Tenderer and will discharge its tender security pursuant to paragraph 212

226 Signing of Contract 2261 At the same time as the Authority notifies the successful tenderer that its tender

has been accepted the Authority will simultaneously inform the other tenderers that their tenders have not been successful

Page 14 of 50

2262 Within seven (7) daysof receipt of the Contract Form the successful tenderer shall sign and date the contract and return it to the Authority

2263 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 227 Performance Security

2271 Within fifteen (15) days of the receipt of notification of award from the

Authority 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 Authority

2272 Failure of the successful tenderer to comply with the requirement of

paragraph 229 or paragraph 2301 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security in which event the Authority may make the award to the next lowest evaluated or call for new tenders

228 Corrupt or Fraudulent Practices

2281 The Procuring entity requires that tenderers observe the highest

standard of ethics during 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

2282 The Authority will reject a proposal for award if it determines that the tenderer

recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question

2283 Further a tenderer who is found to have indulged in corrupt or fraudulent

practices risks being debarred from participating in public procurement in Kenya

Page 15 of 50

Appendix to instructions to tenderers

The following information for procurement of services shall complement or amend the provisions of the instructions to tenderers Wherever there is a conflict between the provisions 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

Clause No Instructions to tenderers Particulars of appendix to

instructions to tenderers

21 Tenderers Eligibility and Qualifications

Only Registered National suppliers are

eligible

24 Clarification of Documents Bidders should send clarification request to tendersafagokeand must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

222 The price to be charged for the tender document shall not exceed Kshs1000= Where the tenderers

download documents from

Agriculture and Food Authority

website or tendersgokethere shall

be no cost

This is an online tender the soft copy to be

downloaded free of charge

223 The Authority shall allow the

tenderer to review the tender

document free of charge before

purchase

Not applicable as this is an online document

241 A prospective candidate making inquiries of the tender document may notify the Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response

(including an explanation of the

query but without identifying the

source of inquiry) will be sent to all

prospective

Bidders should send clarification request to tendersafagoke and must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

Page 16 of 50

tenderers who have received the

tender documentsrdquo

212 Tender Security A bid bond of KES 100000 Must be

submitted with the tender document in the

banksInsurance letter

head

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY

OF TENDERrdquo as appropriate In the

event of any discrepancy between

them the original shall govern

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and

ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall a)be addressed to the Authority at the address given in the invitation to tender b)bear tender number and name in the invitation to tender and the words

ldquoDO NOT OPEN BEFORE(day date

and time of closing)rdquo

2152 The Authority will assume no

responsibility for the tenderrsquos

misplacement or premature opening

Applicable

2153 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 ldquolaterdquo

Applicable

2161 Tenders must be received by the

Procuring entity at the address

specified under paragraph 2152 no

later than (day date and time of

closing)

Tender Submission

DeadlineWednesday14th November2018

at 1130am

Page 17 of 50

2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

Applicable

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent

by email but followed by a signed

confirmation copy postmarked not

later than the deadline for

submission of tenders

Applicable

2202 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

No correction of errors The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction adjustment or amendment in any way by any

224 Award of Contract

The Authority may at its own discretion conduct due diligence on the

Eligible bidders to establish their ability

to perform the contract

The tenderer that will meet all the

evaluation criteria and his TENDER

SUM is the Lowest will be awarded the

tender for the provision of Internet

services for a period of two years

subject to satisfactory performance

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 3: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 3 of 50

SECTION I - INVITATION TO TENDER

Agriculture and Food Authority invites sealed Tenders from interested and eligible bidders

as listed below

OPEN NATIONAL TENDERS (ONT)

NO

Tender Ref No Tender Name

Eligibility

Closing Date

1

AFAT082018-2019

Provision of

Internet Services

Open

National

Tender

Wednesday

14th November

2018 at 1130

am

A complete set of tender documents containing detailed information may be downloaded

from tendersgoke or Agriculture and Food Authority website wwwafagoke

free of charge Bidders who download the tender document are advised to email their

contact address using the email tendersafagokebefore the tender closing date

Prices quoted should be inclusive of all taxes and delivery costs and must be expressed in

Kenya shillings and shall remain valid for a period of 120 days from the closing date of

the tender

Completed tender documents are to be enclosed in plain sealed envelopes marked with

the tender number and tender name and be deposited in the Tender Box located at

the reception - Tea House or Addressed to

The Director General Agriculture and Food Authority

Tea House Naivasha Road off Ngong Road P O Box 37962 - 00100

NAIROBI

so as to be received on or before (Wednesday 14th November 2018 at 1130 am

Local Time) Tenders will be opened immediately thereafter in the presence of the

candidatesrsquo representatives who choose to attend at the Agriculture and Food Authority

Tea House Ground floor room 1

For further inquiries please call 254 20 3872421 3872497 3874456

Cell 254 722 200556 or 254 734 600994 emailinfoafagoke or tendersafagoke

FOR DIRECTOR GENERAL

Page 4 of 50

SECTION II INSTRUCTION TO TENDERERS

21 Eligible tenderers

211 This Invitation to tender is open to all tenderers eligible as described in the

instructions to tenderers Successful tenderers shall provide the services for the

stipulated duration from the date of commencement (hereinafter referred to as

the term) specified in the tender documents

212 The Authority 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

213 Tenderers shall provide the qualification information statement that the

tenderer (including all members of a joint venture and subcontractors) is not associated or have been associated in the past directly or indirectly with a firm

or any of its affiliates which have been engaged by the Authority to provide

consulting services for the preparation of the design specifications and other documents to be used for the procurement of the services under this

Invitation for tenders

214 Tenderers involved in corrupt or fraudulent practices or debarred from

participating in public procurement shall not be eligible

22 Cost of tendering

221 The Tenderer shall bear all costs associated with the preparation and submission

of its tender and the Authority will in no case be responsible or liable for those costs regardless of the conduct or outcome of the tendering process

222 The price to be charged for the tender document shall not exceed

Kshs1 000= Where the tenderers download documents from Agriculture and

Food Authority website there shall be no cost

223 The Authority shall allow the tenderer to review the tender document free of

charge before purchase

Page 5 of 50

24 The Tender documents

241 The tender document comprises of the documents listed below and addenda issued in accordance with clause 6 of these instructions to tenders

i Instructions to tenderers ii General Conditions of Contract iii Special Conditions of Contract iv Schedule of Requirements v Details of service vi Form of tender vii Price schedules viii Contract form ix Confidential business

questionnaire form x Tender security form xi Performance security form

242 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

24 Clarification of Documents 241 A prospective candidate making inquiries of the tender document may notify the

Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective tenderers who have received the tender documentsrdquo

242 The Authority shall reply to any clarifications sought by the tenderer within 3 days

of receiving the request to enable the tenderer to make timely submission of its tender

25 Amendment of documents 251 At any time prior to the deadline for submission of tenders the Authority 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

252 All prospective tenderers who have obtained the tender documents will be notified of the amendment by email and such amendment will be binding on them

Page 6 of 50

253 In order to allow prospective tenderers reasonable time in which to take the

amendment into account in preparing their tenders the Authority at its discretion may extend the deadline for the submission of tenders

26 Language of tender

261 The tender prepared by the tenderer as well as all correspondence and

documents relating to the tender exchanged by the tenderer and the Authority 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

27 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 9 10 and 11 below

(b) Documentary evidence established in accordance with Clause 211 that the

tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted

(c) Tender security furnished is in accordance with Clause 212

(d) Confidential business questionnaire

28 Form of Tender 281 The tenderers shall complete the Form of Tender and the appropriate Price

Schedule furnished in the tender documents indicating the services to be performed

29 Tender Prices

291 The tenderer shall indicate on the Price schedule the unit prices where applicable

and total tender prices of the services it proposes to provide under the contract 292 Prices indicated on the Price Schedule shall be the cost of the services quoted

including all customs duties and VAT and other taxes payable 293 Prices quoted by the tenderer shall remain fixed during the term of the contract

unless otherwise agreed by the parties Atender submitted with an adjustable price quotation will be treated as non-responsive and will be rejected pursuant to paragraph

Page 7 of 50

294 Contract price variations shall not be allowed for contracts not exceeding one year (12 months)

295 Where contract price variation is allowed the variation shall not exceed

25 of the original contract price 296 Price variation requests shall be processed by the Authority within 30 days of

receiving the request 210 Tender Currencies

2101 Prices shall be quoted in Kenya Shillings unless otherwise specified in the

appendix to in Instructions to Tenderers 211 Tenderers Eligibility and Qualifications

2111 Pursuant to Clause 21 the tenderer shall furnish as part of its tender

documents establishing the tenderers eligibility to tender and its qualifications to perform the contract if its tender is accepted

2112 The documentary evidence of the tenderers qualifications to perform the contract

if its tender is accepted shall establish to the Authority satisfaction that the tenderer has the financial and technical capability necessary to perform the contract

212 Tender Security 2121 The tenderer shall furnish as part of its tender a tender security for the amount

and form specified in the Invitation to tender 2122 The tender security shall be in the Kshs 10000000

2122 The tender security is required to protect the Authority against the risk of Tendererrsquos conduct which would warrant the securityrsquos forfeiture pursuant to paragraph

2123 The tender security shall be denominated in a Kenya Shillings or in another freely

convertible currency and shall be in the form of a) A bank guarantee b) Such insurance guarantee approved by the Public Procurement Oversight

Authority 2124 Any tender not secured in accordance with paragraph 2121 and 2123 will be

rejected by the Authority as non-responsive pursuant to paragraph 220

Page 8 of 50

2125 Unsuccessful tendererrsquos 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 Authority

2126 The successful tendererrsquos tender security will be discharged upon the tenderer

signing the contract pursuant to paragraph 229 and furnishing the performance security pursuant to paragraph 230

2127 The tender security may be forfeited

(a) If a tenderer withdraws its tender during the period of tender validity specified

by the Authority on the Tender Form or

b) In the case of a successful tenderer ifthe tenderer fails (i) To sign the contract in accordance with paragraph 30 (ii) To furnish performance security in accordance with paragraph 31

(c) If the tenderer rejects correction of an error in the tender

213 Validity of Tenders 2131 Tenders shall remain valid for Ninety (90) days or as specified in the invitation

to tender after date of tender opening prescribed by the Authority pursuant to paragraph 218 A tender valid for a shorter period shall be rejected by the Authority as nonresponsive

2132 In exceptional circumstances the Authority may solicit the Tendererrsquos 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 212 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

214 Format and Signing of Tender

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY OF TENDERrdquo as appropriate In the event of any discrepancy between them the original shall govern

2142 The original and all copies of the tender shall be typed or written in indelible ink

and shall be signed by the tenderer or a person or persons duly authorized to bind the tenderer to the contract All pages of the tender except for un-amended printed literature shall be initialed by the person or persons signing the tender

Page 9 of 50

2143 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

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall

(a) be addressed to the Authority at the address given in the invitation to tender

(b) bear tender number and name in the invitation to tender and the words ldquoDO NOT

OPEN BEFORE 14th November 2018 at 1130 am 2153 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 ldquolaterdquo 2154 If the outer envelope is not sealed and marked as required by

paragraph 2152 the Authority will assume no responsibility for the tenderrsquos misplacement or premature opening

216 Deadline for Submission of Tenders

2161 Tenders must be received by the Authority at the address specified under paragraph 2152 no later 14th November 2018 at 1130 am 2162 The Authority may at its discretion extend this deadline for the submission of

tenders by amending the tender documents in accordance with paragraph 6 in which case all rights and obligations of the Authority and candidates previously subject to the deadline will thereafter be subject to the deadline as extended

217 Modification and withdrawal of tenders 2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission

provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed

marked and dispatched in accordance with the provisions of paragraph 215 A withdrawal notice may also be sent by email but followed by a signed confirmation copy postmarked not later than the deadline for submission of tenders

2173 No tender may be modified after the deadline for submission of tenders

Page 10 of 50

2174 No tender may be withdrawn in the interval between the deadline for submission

of tenders and the expiration of the period of tender validity specified by the tenderer on the Tender Form Withdrawal of a tender during this interval may result in the Tendererrsquos forfeiture of its tender security pursuant to paragraph 2127

2175 The Authority may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination

2176 The Authorityshall 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

218 Opening of Tenders 2181 The Procuring entity will open all tenders in the presence of

tenderersrsquo representatives who choose to attend at 14th November 2018 at 1130 amand in the location specified in the invitation to tender The tenderersrsquo representatives who are present shall sign a register evidencing their attendance

2183 The tenderersrsquo names tender modifications or withdrawals tender prices

discounts and the presence or absence of requisite tender security and such other details as the Authority at its discretion may consider appropriate will be announced at the opening

2184 The Authority will prepare minutes of the tender opening which will be submitted

to the tenderers that signed the tender opening register and will have made the request

219 Clarification of tenders 2191 To assist in the examination evaluation and comparison of tenders the

Authority 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 shall be sought offered or permitted

2192 Any effort by the tenderer to influence the Authority in the Authority tender

evaluation tender comparison or contract award decisions may result in the rejection of the tenderers tender

220 Preliminary Examination and Responsiveness 2201 The Authority will examine the tenders to determine whether they are complete

whether any computational errors have been made whether required securities have been furnished whether the documents have been properly signed and whether the tenders are generally in order

Page 11 of 50

2202 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

2203 The Authority may waive any minor informality or nonconformity 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

2204 Prior to the detailed evaluation pursuant to paragraph 23 the Authority 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 Authority determination of a tenderrsquos responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence

2205 If a tender is not substantially responsive it will be rejected by the Authority and

may not subsequently be made responsive by the tenderer by correction of the nonconformity

221 Conversion to a single currency

2211 Where other currencies are used the Authority 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

222 Evaluation and comparison of tenders

2221 The Authority will evaluate and compare the tenders which have been determined

to be substantially responsive pursuant to paragraph 220 2222 The comparison shall be of the price including all costs as well as duties and taxes

payable on all the materials to be used in the provision of the services 2223 The Authority 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 2224 and in the technical specifications

(a) Operational plan proposed in the tender

(b) Deviations in payment schedule from that specified in the Special Conditions of

Contract

Page 12 of 50

2224 Pursuant to paragraph 223 the following evaluation methods will be applied

(a) Operational Plan

The Authority requires that the services under the Invitation for Tenders shall be performed at the time specified in the Schedule of Requirements Tenders offering to perform longer than the Authority 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 on a 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 Authority may consider the alternative payment schedule offered by the selected tenderer

2225 The tender evaluation committee shall evaluate the tender within thirty (30) days

from the date of opening the tender 2226 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 223 Contacting the Authority 2231 Subject to paragraph 219 no tenderer shall contact the Authority on any matter

relating to its tender from the time of the tender opening to the time the contract is awarded

2232 Any effort by a tenderer to influence the Authority in its decisions on tender evaluation tender comparison or contract award may result in the rejection of the tenderers tender

224 Award of Contract a) Post qualification

2241 In the absence of pre-qualification the Authority 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

Page 13 of 50

2242 The determination will take into account the tendererrsquos 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 212 as well as such other information as the Procuring entity deems necessary and appropriate

2243 An affirmative determination will be a prerequisite for award of the contract to

the tenderer A negative determination will result in rejection of the Tendererrsquos tender in which event the Authority will proceed to the next lowest evaluated tender to make a similar determination of that Tendererrsquos capabilities to perform satisfactorily

b) Award Criteria

2243 Subject to paragraph 229 the Authority 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

2244 The Authority reserves the right to accept or reject any tender and to annul the tendering process and reject all tenders at any time prior to contract award without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Authority action If the Authority determines that none of the tenderers is responsive the Authority shall notify each tenderer who submitted a tender

2245 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

225 Notification of award 2251 Prior to the expiration of the period of tender validity the Authority will

notify the successful tenderer in writing that its tender has been accepted 2252 The notification of award will signify the formation of the Contract subject to the

signing of the contract between the tenderer and the Authority pursuant to clause 229 Simultaneously the other tenderers shall be notified that their tenders have not been successful

2253 Upon the successful Tendererrsquos furnishing of the performance security pursuant to paragraph 31 the Authority will promptly notify each unsuccessful Tenderer and will discharge its tender security pursuant to paragraph 212

226 Signing of Contract 2261 At the same time as the Authority notifies the successful tenderer that its tender

has been accepted the Authority will simultaneously inform the other tenderers that their tenders have not been successful

Page 14 of 50

2262 Within seven (7) daysof receipt of the Contract Form the successful tenderer shall sign and date the contract and return it to the Authority

2263 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 227 Performance Security

2271 Within fifteen (15) days of the receipt of notification of award from the

Authority 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 Authority

2272 Failure of the successful tenderer to comply with the requirement of

paragraph 229 or paragraph 2301 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security in which event the Authority may make the award to the next lowest evaluated or call for new tenders

228 Corrupt or Fraudulent Practices

2281 The Procuring entity requires that tenderers observe the highest

standard of ethics during 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

2282 The Authority will reject a proposal for award if it determines that the tenderer

recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question

2283 Further a tenderer who is found to have indulged in corrupt or fraudulent

practices risks being debarred from participating in public procurement in Kenya

Page 15 of 50

Appendix to instructions to tenderers

The following information for procurement of services shall complement or amend the provisions of the instructions to tenderers Wherever there is a conflict between the provisions 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

Clause No Instructions to tenderers Particulars of appendix to

instructions to tenderers

21 Tenderers Eligibility and Qualifications

Only Registered National suppliers are

eligible

24 Clarification of Documents Bidders should send clarification request to tendersafagokeand must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

222 The price to be charged for the tender document shall not exceed Kshs1000= Where the tenderers

download documents from

Agriculture and Food Authority

website or tendersgokethere shall

be no cost

This is an online tender the soft copy to be

downloaded free of charge

223 The Authority shall allow the

tenderer to review the tender

document free of charge before

purchase

Not applicable as this is an online document

241 A prospective candidate making inquiries of the tender document may notify the Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response

(including an explanation of the

query but without identifying the

source of inquiry) will be sent to all

prospective

Bidders should send clarification request to tendersafagoke and must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

Page 16 of 50

tenderers who have received the

tender documentsrdquo

212 Tender Security A bid bond of KES 100000 Must be

submitted with the tender document in the

banksInsurance letter

head

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY

OF TENDERrdquo as appropriate In the

event of any discrepancy between

them the original shall govern

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and

ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall a)be addressed to the Authority at the address given in the invitation to tender b)bear tender number and name in the invitation to tender and the words

ldquoDO NOT OPEN BEFORE(day date

and time of closing)rdquo

2152 The Authority will assume no

responsibility for the tenderrsquos

misplacement or premature opening

Applicable

2153 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 ldquolaterdquo

Applicable

2161 Tenders must be received by the

Procuring entity at the address

specified under paragraph 2152 no

later than (day date and time of

closing)

Tender Submission

DeadlineWednesday14th November2018

at 1130am

Page 17 of 50

2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

Applicable

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent

by email but followed by a signed

confirmation copy postmarked not

later than the deadline for

submission of tenders

Applicable

2202 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

No correction of errors The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction adjustment or amendment in any way by any

224 Award of Contract

The Authority may at its own discretion conduct due diligence on the

Eligible bidders to establish their ability

to perform the contract

The tenderer that will meet all the

evaluation criteria and his TENDER

SUM is the Lowest will be awarded the

tender for the provision of Internet

services for a period of two years

subject to satisfactory performance

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 4: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 4 of 50

SECTION II INSTRUCTION TO TENDERERS

21 Eligible tenderers

211 This Invitation to tender is open to all tenderers eligible as described in the

instructions to tenderers Successful tenderers shall provide the services for the

stipulated duration from the date of commencement (hereinafter referred to as

the term) specified in the tender documents

212 The Authority 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

213 Tenderers shall provide the qualification information statement that the

tenderer (including all members of a joint venture and subcontractors) is not associated or have been associated in the past directly or indirectly with a firm

or any of its affiliates which have been engaged by the Authority to provide

consulting services for the preparation of the design specifications and other documents to be used for the procurement of the services under this

Invitation for tenders

214 Tenderers involved in corrupt or fraudulent practices or debarred from

participating in public procurement shall not be eligible

22 Cost of tendering

221 The Tenderer shall bear all costs associated with the preparation and submission

of its tender and the Authority will in no case be responsible or liable for those costs regardless of the conduct or outcome of the tendering process

222 The price to be charged for the tender document shall not exceed

Kshs1 000= Where the tenderers download documents from Agriculture and

Food Authority website there shall be no cost

223 The Authority shall allow the tenderer to review the tender document free of

charge before purchase

Page 5 of 50

24 The Tender documents

241 The tender document comprises of the documents listed below and addenda issued in accordance with clause 6 of these instructions to tenders

i Instructions to tenderers ii General Conditions of Contract iii Special Conditions of Contract iv Schedule of Requirements v Details of service vi Form of tender vii Price schedules viii Contract form ix Confidential business

questionnaire form x Tender security form xi Performance security form

242 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

24 Clarification of Documents 241 A prospective candidate making inquiries of the tender document may notify the

Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective tenderers who have received the tender documentsrdquo

242 The Authority shall reply to any clarifications sought by the tenderer within 3 days

of receiving the request to enable the tenderer to make timely submission of its tender

25 Amendment of documents 251 At any time prior to the deadline for submission of tenders the Authority 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

252 All prospective tenderers who have obtained the tender documents will be notified of the amendment by email and such amendment will be binding on them

Page 6 of 50

253 In order to allow prospective tenderers reasonable time in which to take the

amendment into account in preparing their tenders the Authority at its discretion may extend the deadline for the submission of tenders

26 Language of tender

261 The tender prepared by the tenderer as well as all correspondence and

documents relating to the tender exchanged by the tenderer and the Authority 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

27 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 9 10 and 11 below

(b) Documentary evidence established in accordance with Clause 211 that the

tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted

(c) Tender security furnished is in accordance with Clause 212

(d) Confidential business questionnaire

28 Form of Tender 281 The tenderers shall complete the Form of Tender and the appropriate Price

Schedule furnished in the tender documents indicating the services to be performed

29 Tender Prices

291 The tenderer shall indicate on the Price schedule the unit prices where applicable

and total tender prices of the services it proposes to provide under the contract 292 Prices indicated on the Price Schedule shall be the cost of the services quoted

including all customs duties and VAT and other taxes payable 293 Prices quoted by the tenderer shall remain fixed during the term of the contract

unless otherwise agreed by the parties Atender submitted with an adjustable price quotation will be treated as non-responsive and will be rejected pursuant to paragraph

Page 7 of 50

294 Contract price variations shall not be allowed for contracts not exceeding one year (12 months)

295 Where contract price variation is allowed the variation shall not exceed

25 of the original contract price 296 Price variation requests shall be processed by the Authority within 30 days of

receiving the request 210 Tender Currencies

2101 Prices shall be quoted in Kenya Shillings unless otherwise specified in the

appendix to in Instructions to Tenderers 211 Tenderers Eligibility and Qualifications

2111 Pursuant to Clause 21 the tenderer shall furnish as part of its tender

documents establishing the tenderers eligibility to tender and its qualifications to perform the contract if its tender is accepted

2112 The documentary evidence of the tenderers qualifications to perform the contract

if its tender is accepted shall establish to the Authority satisfaction that the tenderer has the financial and technical capability necessary to perform the contract

212 Tender Security 2121 The tenderer shall furnish as part of its tender a tender security for the amount

and form specified in the Invitation to tender 2122 The tender security shall be in the Kshs 10000000

2122 The tender security is required to protect the Authority against the risk of Tendererrsquos conduct which would warrant the securityrsquos forfeiture pursuant to paragraph

2123 The tender security shall be denominated in a Kenya Shillings or in another freely

convertible currency and shall be in the form of a) A bank guarantee b) Such insurance guarantee approved by the Public Procurement Oversight

Authority 2124 Any tender not secured in accordance with paragraph 2121 and 2123 will be

rejected by the Authority as non-responsive pursuant to paragraph 220

Page 8 of 50

2125 Unsuccessful tendererrsquos 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 Authority

2126 The successful tendererrsquos tender security will be discharged upon the tenderer

signing the contract pursuant to paragraph 229 and furnishing the performance security pursuant to paragraph 230

2127 The tender security may be forfeited

(a) If a tenderer withdraws its tender during the period of tender validity specified

by the Authority on the Tender Form or

b) In the case of a successful tenderer ifthe tenderer fails (i) To sign the contract in accordance with paragraph 30 (ii) To furnish performance security in accordance with paragraph 31

(c) If the tenderer rejects correction of an error in the tender

213 Validity of Tenders 2131 Tenders shall remain valid for Ninety (90) days or as specified in the invitation

to tender after date of tender opening prescribed by the Authority pursuant to paragraph 218 A tender valid for a shorter period shall be rejected by the Authority as nonresponsive

2132 In exceptional circumstances the Authority may solicit the Tendererrsquos 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 212 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

214 Format and Signing of Tender

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY OF TENDERrdquo as appropriate In the event of any discrepancy between them the original shall govern

2142 The original and all copies of the tender shall be typed or written in indelible ink

and shall be signed by the tenderer or a person or persons duly authorized to bind the tenderer to the contract All pages of the tender except for un-amended printed literature shall be initialed by the person or persons signing the tender

Page 9 of 50

2143 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

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall

(a) be addressed to the Authority at the address given in the invitation to tender

(b) bear tender number and name in the invitation to tender and the words ldquoDO NOT

OPEN BEFORE 14th November 2018 at 1130 am 2153 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 ldquolaterdquo 2154 If the outer envelope is not sealed and marked as required by

paragraph 2152 the Authority will assume no responsibility for the tenderrsquos misplacement or premature opening

216 Deadline for Submission of Tenders

2161 Tenders must be received by the Authority at the address specified under paragraph 2152 no later 14th November 2018 at 1130 am 2162 The Authority may at its discretion extend this deadline for the submission of

tenders by amending the tender documents in accordance with paragraph 6 in which case all rights and obligations of the Authority and candidates previously subject to the deadline will thereafter be subject to the deadline as extended

217 Modification and withdrawal of tenders 2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission

provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed

marked and dispatched in accordance with the provisions of paragraph 215 A withdrawal notice may also be sent by email but followed by a signed confirmation copy postmarked not later than the deadline for submission of tenders

2173 No tender may be modified after the deadline for submission of tenders

Page 10 of 50

2174 No tender may be withdrawn in the interval between the deadline for submission

of tenders and the expiration of the period of tender validity specified by the tenderer on the Tender Form Withdrawal of a tender during this interval may result in the Tendererrsquos forfeiture of its tender security pursuant to paragraph 2127

2175 The Authority may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination

2176 The Authorityshall 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

218 Opening of Tenders 2181 The Procuring entity will open all tenders in the presence of

tenderersrsquo representatives who choose to attend at 14th November 2018 at 1130 amand in the location specified in the invitation to tender The tenderersrsquo representatives who are present shall sign a register evidencing their attendance

2183 The tenderersrsquo names tender modifications or withdrawals tender prices

discounts and the presence or absence of requisite tender security and such other details as the Authority at its discretion may consider appropriate will be announced at the opening

2184 The Authority will prepare minutes of the tender opening which will be submitted

to the tenderers that signed the tender opening register and will have made the request

219 Clarification of tenders 2191 To assist in the examination evaluation and comparison of tenders the

Authority 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 shall be sought offered or permitted

2192 Any effort by the tenderer to influence the Authority in the Authority tender

evaluation tender comparison or contract award decisions may result in the rejection of the tenderers tender

220 Preliminary Examination and Responsiveness 2201 The Authority will examine the tenders to determine whether they are complete

whether any computational errors have been made whether required securities have been furnished whether the documents have been properly signed and whether the tenders are generally in order

Page 11 of 50

2202 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

2203 The Authority may waive any minor informality or nonconformity 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

2204 Prior to the detailed evaluation pursuant to paragraph 23 the Authority 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 Authority determination of a tenderrsquos responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence

2205 If a tender is not substantially responsive it will be rejected by the Authority and

may not subsequently be made responsive by the tenderer by correction of the nonconformity

221 Conversion to a single currency

2211 Where other currencies are used the Authority 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

222 Evaluation and comparison of tenders

2221 The Authority will evaluate and compare the tenders which have been determined

to be substantially responsive pursuant to paragraph 220 2222 The comparison shall be of the price including all costs as well as duties and taxes

payable on all the materials to be used in the provision of the services 2223 The Authority 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 2224 and in the technical specifications

(a) Operational plan proposed in the tender

(b) Deviations in payment schedule from that specified in the Special Conditions of

Contract

Page 12 of 50

2224 Pursuant to paragraph 223 the following evaluation methods will be applied

(a) Operational Plan

The Authority requires that the services under the Invitation for Tenders shall be performed at the time specified in the Schedule of Requirements Tenders offering to perform longer than the Authority 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 on a 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 Authority may consider the alternative payment schedule offered by the selected tenderer

2225 The tender evaluation committee shall evaluate the tender within thirty (30) days

from the date of opening the tender 2226 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 223 Contacting the Authority 2231 Subject to paragraph 219 no tenderer shall contact the Authority on any matter

relating to its tender from the time of the tender opening to the time the contract is awarded

2232 Any effort by a tenderer to influence the Authority in its decisions on tender evaluation tender comparison or contract award may result in the rejection of the tenderers tender

224 Award of Contract a) Post qualification

2241 In the absence of pre-qualification the Authority 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

Page 13 of 50

2242 The determination will take into account the tendererrsquos 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 212 as well as such other information as the Procuring entity deems necessary and appropriate

2243 An affirmative determination will be a prerequisite for award of the contract to

the tenderer A negative determination will result in rejection of the Tendererrsquos tender in which event the Authority will proceed to the next lowest evaluated tender to make a similar determination of that Tendererrsquos capabilities to perform satisfactorily

b) Award Criteria

2243 Subject to paragraph 229 the Authority 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

2244 The Authority reserves the right to accept or reject any tender and to annul the tendering process and reject all tenders at any time prior to contract award without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Authority action If the Authority determines that none of the tenderers is responsive the Authority shall notify each tenderer who submitted a tender

2245 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

225 Notification of award 2251 Prior to the expiration of the period of tender validity the Authority will

notify the successful tenderer in writing that its tender has been accepted 2252 The notification of award will signify the formation of the Contract subject to the

signing of the contract between the tenderer and the Authority pursuant to clause 229 Simultaneously the other tenderers shall be notified that their tenders have not been successful

2253 Upon the successful Tendererrsquos furnishing of the performance security pursuant to paragraph 31 the Authority will promptly notify each unsuccessful Tenderer and will discharge its tender security pursuant to paragraph 212

226 Signing of Contract 2261 At the same time as the Authority notifies the successful tenderer that its tender

has been accepted the Authority will simultaneously inform the other tenderers that their tenders have not been successful

Page 14 of 50

2262 Within seven (7) daysof receipt of the Contract Form the successful tenderer shall sign and date the contract and return it to the Authority

2263 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 227 Performance Security

2271 Within fifteen (15) days of the receipt of notification of award from the

Authority 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 Authority

2272 Failure of the successful tenderer to comply with the requirement of

paragraph 229 or paragraph 2301 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security in which event the Authority may make the award to the next lowest evaluated or call for new tenders

228 Corrupt or Fraudulent Practices

2281 The Procuring entity requires that tenderers observe the highest

standard of ethics during 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

2282 The Authority will reject a proposal for award if it determines that the tenderer

recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question

2283 Further a tenderer who is found to have indulged in corrupt or fraudulent

practices risks being debarred from participating in public procurement in Kenya

Page 15 of 50

Appendix to instructions to tenderers

The following information for procurement of services shall complement or amend the provisions of the instructions to tenderers Wherever there is a conflict between the provisions 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

Clause No Instructions to tenderers Particulars of appendix to

instructions to tenderers

21 Tenderers Eligibility and Qualifications

Only Registered National suppliers are

eligible

24 Clarification of Documents Bidders should send clarification request to tendersafagokeand must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

222 The price to be charged for the tender document shall not exceed Kshs1000= Where the tenderers

download documents from

Agriculture and Food Authority

website or tendersgokethere shall

be no cost

This is an online tender the soft copy to be

downloaded free of charge

223 The Authority shall allow the

tenderer to review the tender

document free of charge before

purchase

Not applicable as this is an online document

241 A prospective candidate making inquiries of the tender document may notify the Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response

(including an explanation of the

query but without identifying the

source of inquiry) will be sent to all

prospective

Bidders should send clarification request to tendersafagoke and must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

Page 16 of 50

tenderers who have received the

tender documentsrdquo

212 Tender Security A bid bond of KES 100000 Must be

submitted with the tender document in the

banksInsurance letter

head

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY

OF TENDERrdquo as appropriate In the

event of any discrepancy between

them the original shall govern

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and

ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall a)be addressed to the Authority at the address given in the invitation to tender b)bear tender number and name in the invitation to tender and the words

ldquoDO NOT OPEN BEFORE(day date

and time of closing)rdquo

2152 The Authority will assume no

responsibility for the tenderrsquos

misplacement or premature opening

Applicable

2153 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 ldquolaterdquo

Applicable

2161 Tenders must be received by the

Procuring entity at the address

specified under paragraph 2152 no

later than (day date and time of

closing)

Tender Submission

DeadlineWednesday14th November2018

at 1130am

Page 17 of 50

2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

Applicable

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent

by email but followed by a signed

confirmation copy postmarked not

later than the deadline for

submission of tenders

Applicable

2202 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

No correction of errors The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction adjustment or amendment in any way by any

224 Award of Contract

The Authority may at its own discretion conduct due diligence on the

Eligible bidders to establish their ability

to perform the contract

The tenderer that will meet all the

evaluation criteria and his TENDER

SUM is the Lowest will be awarded the

tender for the provision of Internet

services for a period of two years

subject to satisfactory performance

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 5: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 5 of 50

24 The Tender documents

241 The tender document comprises of the documents listed below and addenda issued in accordance with clause 6 of these instructions to tenders

i Instructions to tenderers ii General Conditions of Contract iii Special Conditions of Contract iv Schedule of Requirements v Details of service vi Form of tender vii Price schedules viii Contract form ix Confidential business

questionnaire form x Tender security form xi Performance security form

242 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

24 Clarification of Documents 241 A prospective candidate making inquiries of the tender document may notify the

Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective tenderers who have received the tender documentsrdquo

242 The Authority shall reply to any clarifications sought by the tenderer within 3 days

of receiving the request to enable the tenderer to make timely submission of its tender

25 Amendment of documents 251 At any time prior to the deadline for submission of tenders the Authority 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

252 All prospective tenderers who have obtained the tender documents will be notified of the amendment by email and such amendment will be binding on them

Page 6 of 50

253 In order to allow prospective tenderers reasonable time in which to take the

amendment into account in preparing their tenders the Authority at its discretion may extend the deadline for the submission of tenders

26 Language of tender

261 The tender prepared by the tenderer as well as all correspondence and

documents relating to the tender exchanged by the tenderer and the Authority 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

27 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 9 10 and 11 below

(b) Documentary evidence established in accordance with Clause 211 that the

tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted

(c) Tender security furnished is in accordance with Clause 212

(d) Confidential business questionnaire

28 Form of Tender 281 The tenderers shall complete the Form of Tender and the appropriate Price

Schedule furnished in the tender documents indicating the services to be performed

29 Tender Prices

291 The tenderer shall indicate on the Price schedule the unit prices where applicable

and total tender prices of the services it proposes to provide under the contract 292 Prices indicated on the Price Schedule shall be the cost of the services quoted

including all customs duties and VAT and other taxes payable 293 Prices quoted by the tenderer shall remain fixed during the term of the contract

unless otherwise agreed by the parties Atender submitted with an adjustable price quotation will be treated as non-responsive and will be rejected pursuant to paragraph

Page 7 of 50

294 Contract price variations shall not be allowed for contracts not exceeding one year (12 months)

295 Where contract price variation is allowed the variation shall not exceed

25 of the original contract price 296 Price variation requests shall be processed by the Authority within 30 days of

receiving the request 210 Tender Currencies

2101 Prices shall be quoted in Kenya Shillings unless otherwise specified in the

appendix to in Instructions to Tenderers 211 Tenderers Eligibility and Qualifications

2111 Pursuant to Clause 21 the tenderer shall furnish as part of its tender

documents establishing the tenderers eligibility to tender and its qualifications to perform the contract if its tender is accepted

2112 The documentary evidence of the tenderers qualifications to perform the contract

if its tender is accepted shall establish to the Authority satisfaction that the tenderer has the financial and technical capability necessary to perform the contract

212 Tender Security 2121 The tenderer shall furnish as part of its tender a tender security for the amount

and form specified in the Invitation to tender 2122 The tender security shall be in the Kshs 10000000

2122 The tender security is required to protect the Authority against the risk of Tendererrsquos conduct which would warrant the securityrsquos forfeiture pursuant to paragraph

2123 The tender security shall be denominated in a Kenya Shillings or in another freely

convertible currency and shall be in the form of a) A bank guarantee b) Such insurance guarantee approved by the Public Procurement Oversight

Authority 2124 Any tender not secured in accordance with paragraph 2121 and 2123 will be

rejected by the Authority as non-responsive pursuant to paragraph 220

Page 8 of 50

2125 Unsuccessful tendererrsquos 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 Authority

2126 The successful tendererrsquos tender security will be discharged upon the tenderer

signing the contract pursuant to paragraph 229 and furnishing the performance security pursuant to paragraph 230

2127 The tender security may be forfeited

(a) If a tenderer withdraws its tender during the period of tender validity specified

by the Authority on the Tender Form or

b) In the case of a successful tenderer ifthe tenderer fails (i) To sign the contract in accordance with paragraph 30 (ii) To furnish performance security in accordance with paragraph 31

(c) If the tenderer rejects correction of an error in the tender

213 Validity of Tenders 2131 Tenders shall remain valid for Ninety (90) days or as specified in the invitation

to tender after date of tender opening prescribed by the Authority pursuant to paragraph 218 A tender valid for a shorter period shall be rejected by the Authority as nonresponsive

2132 In exceptional circumstances the Authority may solicit the Tendererrsquos 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 212 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

214 Format and Signing of Tender

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY OF TENDERrdquo as appropriate In the event of any discrepancy between them the original shall govern

2142 The original and all copies of the tender shall be typed or written in indelible ink

and shall be signed by the tenderer or a person or persons duly authorized to bind the tenderer to the contract All pages of the tender except for un-amended printed literature shall be initialed by the person or persons signing the tender

Page 9 of 50

2143 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

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall

(a) be addressed to the Authority at the address given in the invitation to tender

(b) bear tender number and name in the invitation to tender and the words ldquoDO NOT

OPEN BEFORE 14th November 2018 at 1130 am 2153 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 ldquolaterdquo 2154 If the outer envelope is not sealed and marked as required by

paragraph 2152 the Authority will assume no responsibility for the tenderrsquos misplacement or premature opening

216 Deadline for Submission of Tenders

2161 Tenders must be received by the Authority at the address specified under paragraph 2152 no later 14th November 2018 at 1130 am 2162 The Authority may at its discretion extend this deadline for the submission of

tenders by amending the tender documents in accordance with paragraph 6 in which case all rights and obligations of the Authority and candidates previously subject to the deadline will thereafter be subject to the deadline as extended

217 Modification and withdrawal of tenders 2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission

provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed

marked and dispatched in accordance with the provisions of paragraph 215 A withdrawal notice may also be sent by email but followed by a signed confirmation copy postmarked not later than the deadline for submission of tenders

2173 No tender may be modified after the deadline for submission of tenders

Page 10 of 50

2174 No tender may be withdrawn in the interval between the deadline for submission

of tenders and the expiration of the period of tender validity specified by the tenderer on the Tender Form Withdrawal of a tender during this interval may result in the Tendererrsquos forfeiture of its tender security pursuant to paragraph 2127

2175 The Authority may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination

2176 The Authorityshall 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

218 Opening of Tenders 2181 The Procuring entity will open all tenders in the presence of

tenderersrsquo representatives who choose to attend at 14th November 2018 at 1130 amand in the location specified in the invitation to tender The tenderersrsquo representatives who are present shall sign a register evidencing their attendance

2183 The tenderersrsquo names tender modifications or withdrawals tender prices

discounts and the presence or absence of requisite tender security and such other details as the Authority at its discretion may consider appropriate will be announced at the opening

2184 The Authority will prepare minutes of the tender opening which will be submitted

to the tenderers that signed the tender opening register and will have made the request

219 Clarification of tenders 2191 To assist in the examination evaluation and comparison of tenders the

Authority 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 shall be sought offered or permitted

2192 Any effort by the tenderer to influence the Authority in the Authority tender

evaluation tender comparison or contract award decisions may result in the rejection of the tenderers tender

220 Preliminary Examination and Responsiveness 2201 The Authority will examine the tenders to determine whether they are complete

whether any computational errors have been made whether required securities have been furnished whether the documents have been properly signed and whether the tenders are generally in order

Page 11 of 50

2202 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

2203 The Authority may waive any minor informality or nonconformity 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

2204 Prior to the detailed evaluation pursuant to paragraph 23 the Authority 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 Authority determination of a tenderrsquos responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence

2205 If a tender is not substantially responsive it will be rejected by the Authority and

may not subsequently be made responsive by the tenderer by correction of the nonconformity

221 Conversion to a single currency

2211 Where other currencies are used the Authority 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

222 Evaluation and comparison of tenders

2221 The Authority will evaluate and compare the tenders which have been determined

to be substantially responsive pursuant to paragraph 220 2222 The comparison shall be of the price including all costs as well as duties and taxes

payable on all the materials to be used in the provision of the services 2223 The Authority 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 2224 and in the technical specifications

(a) Operational plan proposed in the tender

(b) Deviations in payment schedule from that specified in the Special Conditions of

Contract

Page 12 of 50

2224 Pursuant to paragraph 223 the following evaluation methods will be applied

(a) Operational Plan

The Authority requires that the services under the Invitation for Tenders shall be performed at the time specified in the Schedule of Requirements Tenders offering to perform longer than the Authority 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 on a 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 Authority may consider the alternative payment schedule offered by the selected tenderer

2225 The tender evaluation committee shall evaluate the tender within thirty (30) days

from the date of opening the tender 2226 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 223 Contacting the Authority 2231 Subject to paragraph 219 no tenderer shall contact the Authority on any matter

relating to its tender from the time of the tender opening to the time the contract is awarded

2232 Any effort by a tenderer to influence the Authority in its decisions on tender evaluation tender comparison or contract award may result in the rejection of the tenderers tender

224 Award of Contract a) Post qualification

2241 In the absence of pre-qualification the Authority 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

Page 13 of 50

2242 The determination will take into account the tendererrsquos 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 212 as well as such other information as the Procuring entity deems necessary and appropriate

2243 An affirmative determination will be a prerequisite for award of the contract to

the tenderer A negative determination will result in rejection of the Tendererrsquos tender in which event the Authority will proceed to the next lowest evaluated tender to make a similar determination of that Tendererrsquos capabilities to perform satisfactorily

b) Award Criteria

2243 Subject to paragraph 229 the Authority 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

2244 The Authority reserves the right to accept or reject any tender and to annul the tendering process and reject all tenders at any time prior to contract award without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Authority action If the Authority determines that none of the tenderers is responsive the Authority shall notify each tenderer who submitted a tender

2245 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

225 Notification of award 2251 Prior to the expiration of the period of tender validity the Authority will

notify the successful tenderer in writing that its tender has been accepted 2252 The notification of award will signify the formation of the Contract subject to the

signing of the contract between the tenderer and the Authority pursuant to clause 229 Simultaneously the other tenderers shall be notified that their tenders have not been successful

2253 Upon the successful Tendererrsquos furnishing of the performance security pursuant to paragraph 31 the Authority will promptly notify each unsuccessful Tenderer and will discharge its tender security pursuant to paragraph 212

226 Signing of Contract 2261 At the same time as the Authority notifies the successful tenderer that its tender

has been accepted the Authority will simultaneously inform the other tenderers that their tenders have not been successful

Page 14 of 50

2262 Within seven (7) daysof receipt of the Contract Form the successful tenderer shall sign and date the contract and return it to the Authority

2263 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 227 Performance Security

2271 Within fifteen (15) days of the receipt of notification of award from the

Authority 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 Authority

2272 Failure of the successful tenderer to comply with the requirement of

paragraph 229 or paragraph 2301 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security in which event the Authority may make the award to the next lowest evaluated or call for new tenders

228 Corrupt or Fraudulent Practices

2281 The Procuring entity requires that tenderers observe the highest

standard of ethics during 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

2282 The Authority will reject a proposal for award if it determines that the tenderer

recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question

2283 Further a tenderer who is found to have indulged in corrupt or fraudulent

practices risks being debarred from participating in public procurement in Kenya

Page 15 of 50

Appendix to instructions to tenderers

The following information for procurement of services shall complement or amend the provisions of the instructions to tenderers Wherever there is a conflict between the provisions 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

Clause No Instructions to tenderers Particulars of appendix to

instructions to tenderers

21 Tenderers Eligibility and Qualifications

Only Registered National suppliers are

eligible

24 Clarification of Documents Bidders should send clarification request to tendersafagokeand must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

222 The price to be charged for the tender document shall not exceed Kshs1000= Where the tenderers

download documents from

Agriculture and Food Authority

website or tendersgokethere shall

be no cost

This is an online tender the soft copy to be

downloaded free of charge

223 The Authority shall allow the

tenderer to review the tender

document free of charge before

purchase

Not applicable as this is an online document

241 A prospective candidate making inquiries of the tender document may notify the Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response

(including an explanation of the

query but without identifying the

source of inquiry) will be sent to all

prospective

Bidders should send clarification request to tendersafagoke and must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

Page 16 of 50

tenderers who have received the

tender documentsrdquo

212 Tender Security A bid bond of KES 100000 Must be

submitted with the tender document in the

banksInsurance letter

head

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY

OF TENDERrdquo as appropriate In the

event of any discrepancy between

them the original shall govern

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and

ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall a)be addressed to the Authority at the address given in the invitation to tender b)bear tender number and name in the invitation to tender and the words

ldquoDO NOT OPEN BEFORE(day date

and time of closing)rdquo

2152 The Authority will assume no

responsibility for the tenderrsquos

misplacement or premature opening

Applicable

2153 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 ldquolaterdquo

Applicable

2161 Tenders must be received by the

Procuring entity at the address

specified under paragraph 2152 no

later than (day date and time of

closing)

Tender Submission

DeadlineWednesday14th November2018

at 1130am

Page 17 of 50

2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

Applicable

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent

by email but followed by a signed

confirmation copy postmarked not

later than the deadline for

submission of tenders

Applicable

2202 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

No correction of errors The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction adjustment or amendment in any way by any

224 Award of Contract

The Authority may at its own discretion conduct due diligence on the

Eligible bidders to establish their ability

to perform the contract

The tenderer that will meet all the

evaluation criteria and his TENDER

SUM is the Lowest will be awarded the

tender for the provision of Internet

services for a period of two years

subject to satisfactory performance

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 6: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 6 of 50

253 In order to allow prospective tenderers reasonable time in which to take the

amendment into account in preparing their tenders the Authority at its discretion may extend the deadline for the submission of tenders

26 Language of tender

261 The tender prepared by the tenderer as well as all correspondence and

documents relating to the tender exchanged by the tenderer and the Authority 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

27 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 9 10 and 11 below

(b) Documentary evidence established in accordance with Clause 211 that the

tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted

(c) Tender security furnished is in accordance with Clause 212

(d) Confidential business questionnaire

28 Form of Tender 281 The tenderers shall complete the Form of Tender and the appropriate Price

Schedule furnished in the tender documents indicating the services to be performed

29 Tender Prices

291 The tenderer shall indicate on the Price schedule the unit prices where applicable

and total tender prices of the services it proposes to provide under the contract 292 Prices indicated on the Price Schedule shall be the cost of the services quoted

including all customs duties and VAT and other taxes payable 293 Prices quoted by the tenderer shall remain fixed during the term of the contract

unless otherwise agreed by the parties Atender submitted with an adjustable price quotation will be treated as non-responsive and will be rejected pursuant to paragraph

Page 7 of 50

294 Contract price variations shall not be allowed for contracts not exceeding one year (12 months)

295 Where contract price variation is allowed the variation shall not exceed

25 of the original contract price 296 Price variation requests shall be processed by the Authority within 30 days of

receiving the request 210 Tender Currencies

2101 Prices shall be quoted in Kenya Shillings unless otherwise specified in the

appendix to in Instructions to Tenderers 211 Tenderers Eligibility and Qualifications

2111 Pursuant to Clause 21 the tenderer shall furnish as part of its tender

documents establishing the tenderers eligibility to tender and its qualifications to perform the contract if its tender is accepted

2112 The documentary evidence of the tenderers qualifications to perform the contract

if its tender is accepted shall establish to the Authority satisfaction that the tenderer has the financial and technical capability necessary to perform the contract

212 Tender Security 2121 The tenderer shall furnish as part of its tender a tender security for the amount

and form specified in the Invitation to tender 2122 The tender security shall be in the Kshs 10000000

2122 The tender security is required to protect the Authority against the risk of Tendererrsquos conduct which would warrant the securityrsquos forfeiture pursuant to paragraph

2123 The tender security shall be denominated in a Kenya Shillings or in another freely

convertible currency and shall be in the form of a) A bank guarantee b) Such insurance guarantee approved by the Public Procurement Oversight

Authority 2124 Any tender not secured in accordance with paragraph 2121 and 2123 will be

rejected by the Authority as non-responsive pursuant to paragraph 220

Page 8 of 50

2125 Unsuccessful tendererrsquos 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 Authority

2126 The successful tendererrsquos tender security will be discharged upon the tenderer

signing the contract pursuant to paragraph 229 and furnishing the performance security pursuant to paragraph 230

2127 The tender security may be forfeited

(a) If a tenderer withdraws its tender during the period of tender validity specified

by the Authority on the Tender Form or

b) In the case of a successful tenderer ifthe tenderer fails (i) To sign the contract in accordance with paragraph 30 (ii) To furnish performance security in accordance with paragraph 31

(c) If the tenderer rejects correction of an error in the tender

213 Validity of Tenders 2131 Tenders shall remain valid for Ninety (90) days or as specified in the invitation

to tender after date of tender opening prescribed by the Authority pursuant to paragraph 218 A tender valid for a shorter period shall be rejected by the Authority as nonresponsive

2132 In exceptional circumstances the Authority may solicit the Tendererrsquos 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 212 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

214 Format and Signing of Tender

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY OF TENDERrdquo as appropriate In the event of any discrepancy between them the original shall govern

2142 The original and all copies of the tender shall be typed or written in indelible ink

and shall be signed by the tenderer or a person or persons duly authorized to bind the tenderer to the contract All pages of the tender except for un-amended printed literature shall be initialed by the person or persons signing the tender

Page 9 of 50

2143 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

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall

(a) be addressed to the Authority at the address given in the invitation to tender

(b) bear tender number and name in the invitation to tender and the words ldquoDO NOT

OPEN BEFORE 14th November 2018 at 1130 am 2153 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 ldquolaterdquo 2154 If the outer envelope is not sealed and marked as required by

paragraph 2152 the Authority will assume no responsibility for the tenderrsquos misplacement or premature opening

216 Deadline for Submission of Tenders

2161 Tenders must be received by the Authority at the address specified under paragraph 2152 no later 14th November 2018 at 1130 am 2162 The Authority may at its discretion extend this deadline for the submission of

tenders by amending the tender documents in accordance with paragraph 6 in which case all rights and obligations of the Authority and candidates previously subject to the deadline will thereafter be subject to the deadline as extended

217 Modification and withdrawal of tenders 2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission

provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed

marked and dispatched in accordance with the provisions of paragraph 215 A withdrawal notice may also be sent by email but followed by a signed confirmation copy postmarked not later than the deadline for submission of tenders

2173 No tender may be modified after the deadline for submission of tenders

Page 10 of 50

2174 No tender may be withdrawn in the interval between the deadline for submission

of tenders and the expiration of the period of tender validity specified by the tenderer on the Tender Form Withdrawal of a tender during this interval may result in the Tendererrsquos forfeiture of its tender security pursuant to paragraph 2127

2175 The Authority may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination

2176 The Authorityshall 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

218 Opening of Tenders 2181 The Procuring entity will open all tenders in the presence of

tenderersrsquo representatives who choose to attend at 14th November 2018 at 1130 amand in the location specified in the invitation to tender The tenderersrsquo representatives who are present shall sign a register evidencing their attendance

2183 The tenderersrsquo names tender modifications or withdrawals tender prices

discounts and the presence or absence of requisite tender security and such other details as the Authority at its discretion may consider appropriate will be announced at the opening

2184 The Authority will prepare minutes of the tender opening which will be submitted

to the tenderers that signed the tender opening register and will have made the request

219 Clarification of tenders 2191 To assist in the examination evaluation and comparison of tenders the

Authority 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 shall be sought offered or permitted

2192 Any effort by the tenderer to influence the Authority in the Authority tender

evaluation tender comparison or contract award decisions may result in the rejection of the tenderers tender

220 Preliminary Examination and Responsiveness 2201 The Authority will examine the tenders to determine whether they are complete

whether any computational errors have been made whether required securities have been furnished whether the documents have been properly signed and whether the tenders are generally in order

Page 11 of 50

2202 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

2203 The Authority may waive any minor informality or nonconformity 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

2204 Prior to the detailed evaluation pursuant to paragraph 23 the Authority 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 Authority determination of a tenderrsquos responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence

2205 If a tender is not substantially responsive it will be rejected by the Authority and

may not subsequently be made responsive by the tenderer by correction of the nonconformity

221 Conversion to a single currency

2211 Where other currencies are used the Authority 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

222 Evaluation and comparison of tenders

2221 The Authority will evaluate and compare the tenders which have been determined

to be substantially responsive pursuant to paragraph 220 2222 The comparison shall be of the price including all costs as well as duties and taxes

payable on all the materials to be used in the provision of the services 2223 The Authority 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 2224 and in the technical specifications

(a) Operational plan proposed in the tender

(b) Deviations in payment schedule from that specified in the Special Conditions of

Contract

Page 12 of 50

2224 Pursuant to paragraph 223 the following evaluation methods will be applied

(a) Operational Plan

The Authority requires that the services under the Invitation for Tenders shall be performed at the time specified in the Schedule of Requirements Tenders offering to perform longer than the Authority 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 on a 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 Authority may consider the alternative payment schedule offered by the selected tenderer

2225 The tender evaluation committee shall evaluate the tender within thirty (30) days

from the date of opening the tender 2226 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 223 Contacting the Authority 2231 Subject to paragraph 219 no tenderer shall contact the Authority on any matter

relating to its tender from the time of the tender opening to the time the contract is awarded

2232 Any effort by a tenderer to influence the Authority in its decisions on tender evaluation tender comparison or contract award may result in the rejection of the tenderers tender

224 Award of Contract a) Post qualification

2241 In the absence of pre-qualification the Authority 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

Page 13 of 50

2242 The determination will take into account the tendererrsquos 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 212 as well as such other information as the Procuring entity deems necessary and appropriate

2243 An affirmative determination will be a prerequisite for award of the contract to

the tenderer A negative determination will result in rejection of the Tendererrsquos tender in which event the Authority will proceed to the next lowest evaluated tender to make a similar determination of that Tendererrsquos capabilities to perform satisfactorily

b) Award Criteria

2243 Subject to paragraph 229 the Authority 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

2244 The Authority reserves the right to accept or reject any tender and to annul the tendering process and reject all tenders at any time prior to contract award without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Authority action If the Authority determines that none of the tenderers is responsive the Authority shall notify each tenderer who submitted a tender

2245 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

225 Notification of award 2251 Prior to the expiration of the period of tender validity the Authority will

notify the successful tenderer in writing that its tender has been accepted 2252 The notification of award will signify the formation of the Contract subject to the

signing of the contract between the tenderer and the Authority pursuant to clause 229 Simultaneously the other tenderers shall be notified that their tenders have not been successful

2253 Upon the successful Tendererrsquos furnishing of the performance security pursuant to paragraph 31 the Authority will promptly notify each unsuccessful Tenderer and will discharge its tender security pursuant to paragraph 212

226 Signing of Contract 2261 At the same time as the Authority notifies the successful tenderer that its tender

has been accepted the Authority will simultaneously inform the other tenderers that their tenders have not been successful

Page 14 of 50

2262 Within seven (7) daysof receipt of the Contract Form the successful tenderer shall sign and date the contract and return it to the Authority

2263 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 227 Performance Security

2271 Within fifteen (15) days of the receipt of notification of award from the

Authority 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 Authority

2272 Failure of the successful tenderer to comply with the requirement of

paragraph 229 or paragraph 2301 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security in which event the Authority may make the award to the next lowest evaluated or call for new tenders

228 Corrupt or Fraudulent Practices

2281 The Procuring entity requires that tenderers observe the highest

standard of ethics during 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

2282 The Authority will reject a proposal for award if it determines that the tenderer

recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question

2283 Further a tenderer who is found to have indulged in corrupt or fraudulent

practices risks being debarred from participating in public procurement in Kenya

Page 15 of 50

Appendix to instructions to tenderers

The following information for procurement of services shall complement or amend the provisions of the instructions to tenderers Wherever there is a conflict between the provisions 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

Clause No Instructions to tenderers Particulars of appendix to

instructions to tenderers

21 Tenderers Eligibility and Qualifications

Only Registered National suppliers are

eligible

24 Clarification of Documents Bidders should send clarification request to tendersafagokeand must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

222 The price to be charged for the tender document shall not exceed Kshs1000= Where the tenderers

download documents from

Agriculture and Food Authority

website or tendersgokethere shall

be no cost

This is an online tender the soft copy to be

downloaded free of charge

223 The Authority shall allow the

tenderer to review the tender

document free of charge before

purchase

Not applicable as this is an online document

241 A prospective candidate making inquiries of the tender document may notify the Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response

(including an explanation of the

query but without identifying the

source of inquiry) will be sent to all

prospective

Bidders should send clarification request to tendersafagoke and must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

Page 16 of 50

tenderers who have received the

tender documentsrdquo

212 Tender Security A bid bond of KES 100000 Must be

submitted with the tender document in the

banksInsurance letter

head

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY

OF TENDERrdquo as appropriate In the

event of any discrepancy between

them the original shall govern

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and

ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall a)be addressed to the Authority at the address given in the invitation to tender b)bear tender number and name in the invitation to tender and the words

ldquoDO NOT OPEN BEFORE(day date

and time of closing)rdquo

2152 The Authority will assume no

responsibility for the tenderrsquos

misplacement or premature opening

Applicable

2153 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 ldquolaterdquo

Applicable

2161 Tenders must be received by the

Procuring entity at the address

specified under paragraph 2152 no

later than (day date and time of

closing)

Tender Submission

DeadlineWednesday14th November2018

at 1130am

Page 17 of 50

2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

Applicable

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent

by email but followed by a signed

confirmation copy postmarked not

later than the deadline for

submission of tenders

Applicable

2202 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

No correction of errors The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction adjustment or amendment in any way by any

224 Award of Contract

The Authority may at its own discretion conduct due diligence on the

Eligible bidders to establish their ability

to perform the contract

The tenderer that will meet all the

evaluation criteria and his TENDER

SUM is the Lowest will be awarded the

tender for the provision of Internet

services for a period of two years

subject to satisfactory performance

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 7: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 7 of 50

294 Contract price variations shall not be allowed for contracts not exceeding one year (12 months)

295 Where contract price variation is allowed the variation shall not exceed

25 of the original contract price 296 Price variation requests shall be processed by the Authority within 30 days of

receiving the request 210 Tender Currencies

2101 Prices shall be quoted in Kenya Shillings unless otherwise specified in the

appendix to in Instructions to Tenderers 211 Tenderers Eligibility and Qualifications

2111 Pursuant to Clause 21 the tenderer shall furnish as part of its tender

documents establishing the tenderers eligibility to tender and its qualifications to perform the contract if its tender is accepted

2112 The documentary evidence of the tenderers qualifications to perform the contract

if its tender is accepted shall establish to the Authority satisfaction that the tenderer has the financial and technical capability necessary to perform the contract

212 Tender Security 2121 The tenderer shall furnish as part of its tender a tender security for the amount

and form specified in the Invitation to tender 2122 The tender security shall be in the Kshs 10000000

2122 The tender security is required to protect the Authority against the risk of Tendererrsquos conduct which would warrant the securityrsquos forfeiture pursuant to paragraph

2123 The tender security shall be denominated in a Kenya Shillings or in another freely

convertible currency and shall be in the form of a) A bank guarantee b) Such insurance guarantee approved by the Public Procurement Oversight

Authority 2124 Any tender not secured in accordance with paragraph 2121 and 2123 will be

rejected by the Authority as non-responsive pursuant to paragraph 220

Page 8 of 50

2125 Unsuccessful tendererrsquos 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 Authority

2126 The successful tendererrsquos tender security will be discharged upon the tenderer

signing the contract pursuant to paragraph 229 and furnishing the performance security pursuant to paragraph 230

2127 The tender security may be forfeited

(a) If a tenderer withdraws its tender during the period of tender validity specified

by the Authority on the Tender Form or

b) In the case of a successful tenderer ifthe tenderer fails (i) To sign the contract in accordance with paragraph 30 (ii) To furnish performance security in accordance with paragraph 31

(c) If the tenderer rejects correction of an error in the tender

213 Validity of Tenders 2131 Tenders shall remain valid for Ninety (90) days or as specified in the invitation

to tender after date of tender opening prescribed by the Authority pursuant to paragraph 218 A tender valid for a shorter period shall be rejected by the Authority as nonresponsive

2132 In exceptional circumstances the Authority may solicit the Tendererrsquos 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 212 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

214 Format and Signing of Tender

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY OF TENDERrdquo as appropriate In the event of any discrepancy between them the original shall govern

2142 The original and all copies of the tender shall be typed or written in indelible ink

and shall be signed by the tenderer or a person or persons duly authorized to bind the tenderer to the contract All pages of the tender except for un-amended printed literature shall be initialed by the person or persons signing the tender

Page 9 of 50

2143 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

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall

(a) be addressed to the Authority at the address given in the invitation to tender

(b) bear tender number and name in the invitation to tender and the words ldquoDO NOT

OPEN BEFORE 14th November 2018 at 1130 am 2153 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 ldquolaterdquo 2154 If the outer envelope is not sealed and marked as required by

paragraph 2152 the Authority will assume no responsibility for the tenderrsquos misplacement or premature opening

216 Deadline for Submission of Tenders

2161 Tenders must be received by the Authority at the address specified under paragraph 2152 no later 14th November 2018 at 1130 am 2162 The Authority may at its discretion extend this deadline for the submission of

tenders by amending the tender documents in accordance with paragraph 6 in which case all rights and obligations of the Authority and candidates previously subject to the deadline will thereafter be subject to the deadline as extended

217 Modification and withdrawal of tenders 2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission

provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed

marked and dispatched in accordance with the provisions of paragraph 215 A withdrawal notice may also be sent by email but followed by a signed confirmation copy postmarked not later than the deadline for submission of tenders

2173 No tender may be modified after the deadline for submission of tenders

Page 10 of 50

2174 No tender may be withdrawn in the interval between the deadline for submission

of tenders and the expiration of the period of tender validity specified by the tenderer on the Tender Form Withdrawal of a tender during this interval may result in the Tendererrsquos forfeiture of its tender security pursuant to paragraph 2127

2175 The Authority may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination

2176 The Authorityshall 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

218 Opening of Tenders 2181 The Procuring entity will open all tenders in the presence of

tenderersrsquo representatives who choose to attend at 14th November 2018 at 1130 amand in the location specified in the invitation to tender The tenderersrsquo representatives who are present shall sign a register evidencing their attendance

2183 The tenderersrsquo names tender modifications or withdrawals tender prices

discounts and the presence or absence of requisite tender security and such other details as the Authority at its discretion may consider appropriate will be announced at the opening

2184 The Authority will prepare minutes of the tender opening which will be submitted

to the tenderers that signed the tender opening register and will have made the request

219 Clarification of tenders 2191 To assist in the examination evaluation and comparison of tenders the

Authority 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 shall be sought offered or permitted

2192 Any effort by the tenderer to influence the Authority in the Authority tender

evaluation tender comparison or contract award decisions may result in the rejection of the tenderers tender

220 Preliminary Examination and Responsiveness 2201 The Authority will examine the tenders to determine whether they are complete

whether any computational errors have been made whether required securities have been furnished whether the documents have been properly signed and whether the tenders are generally in order

Page 11 of 50

2202 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

2203 The Authority may waive any minor informality or nonconformity 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

2204 Prior to the detailed evaluation pursuant to paragraph 23 the Authority 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 Authority determination of a tenderrsquos responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence

2205 If a tender is not substantially responsive it will be rejected by the Authority and

may not subsequently be made responsive by the tenderer by correction of the nonconformity

221 Conversion to a single currency

2211 Where other currencies are used the Authority 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

222 Evaluation and comparison of tenders

2221 The Authority will evaluate and compare the tenders which have been determined

to be substantially responsive pursuant to paragraph 220 2222 The comparison shall be of the price including all costs as well as duties and taxes

payable on all the materials to be used in the provision of the services 2223 The Authority 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 2224 and in the technical specifications

(a) Operational plan proposed in the tender

(b) Deviations in payment schedule from that specified in the Special Conditions of

Contract

Page 12 of 50

2224 Pursuant to paragraph 223 the following evaluation methods will be applied

(a) Operational Plan

The Authority requires that the services under the Invitation for Tenders shall be performed at the time specified in the Schedule of Requirements Tenders offering to perform longer than the Authority 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 on a 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 Authority may consider the alternative payment schedule offered by the selected tenderer

2225 The tender evaluation committee shall evaluate the tender within thirty (30) days

from the date of opening the tender 2226 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 223 Contacting the Authority 2231 Subject to paragraph 219 no tenderer shall contact the Authority on any matter

relating to its tender from the time of the tender opening to the time the contract is awarded

2232 Any effort by a tenderer to influence the Authority in its decisions on tender evaluation tender comparison or contract award may result in the rejection of the tenderers tender

224 Award of Contract a) Post qualification

2241 In the absence of pre-qualification the Authority 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

Page 13 of 50

2242 The determination will take into account the tendererrsquos 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 212 as well as such other information as the Procuring entity deems necessary and appropriate

2243 An affirmative determination will be a prerequisite for award of the contract to

the tenderer A negative determination will result in rejection of the Tendererrsquos tender in which event the Authority will proceed to the next lowest evaluated tender to make a similar determination of that Tendererrsquos capabilities to perform satisfactorily

b) Award Criteria

2243 Subject to paragraph 229 the Authority 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

2244 The Authority reserves the right to accept or reject any tender and to annul the tendering process and reject all tenders at any time prior to contract award without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Authority action If the Authority determines that none of the tenderers is responsive the Authority shall notify each tenderer who submitted a tender

2245 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

225 Notification of award 2251 Prior to the expiration of the period of tender validity the Authority will

notify the successful tenderer in writing that its tender has been accepted 2252 The notification of award will signify the formation of the Contract subject to the

signing of the contract between the tenderer and the Authority pursuant to clause 229 Simultaneously the other tenderers shall be notified that their tenders have not been successful

2253 Upon the successful Tendererrsquos furnishing of the performance security pursuant to paragraph 31 the Authority will promptly notify each unsuccessful Tenderer and will discharge its tender security pursuant to paragraph 212

226 Signing of Contract 2261 At the same time as the Authority notifies the successful tenderer that its tender

has been accepted the Authority will simultaneously inform the other tenderers that their tenders have not been successful

Page 14 of 50

2262 Within seven (7) daysof receipt of the Contract Form the successful tenderer shall sign and date the contract and return it to the Authority

2263 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 227 Performance Security

2271 Within fifteen (15) days of the receipt of notification of award from the

Authority 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 Authority

2272 Failure of the successful tenderer to comply with the requirement of

paragraph 229 or paragraph 2301 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security in which event the Authority may make the award to the next lowest evaluated or call for new tenders

228 Corrupt or Fraudulent Practices

2281 The Procuring entity requires that tenderers observe the highest

standard of ethics during 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

2282 The Authority will reject a proposal for award if it determines that the tenderer

recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question

2283 Further a tenderer who is found to have indulged in corrupt or fraudulent

practices risks being debarred from participating in public procurement in Kenya

Page 15 of 50

Appendix to instructions to tenderers

The following information for procurement of services shall complement or amend the provisions of the instructions to tenderers Wherever there is a conflict between the provisions 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

Clause No Instructions to tenderers Particulars of appendix to

instructions to tenderers

21 Tenderers Eligibility and Qualifications

Only Registered National suppliers are

eligible

24 Clarification of Documents Bidders should send clarification request to tendersafagokeand must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

222 The price to be charged for the tender document shall not exceed Kshs1000= Where the tenderers

download documents from

Agriculture and Food Authority

website or tendersgokethere shall

be no cost

This is an online tender the soft copy to be

downloaded free of charge

223 The Authority shall allow the

tenderer to review the tender

document free of charge before

purchase

Not applicable as this is an online document

241 A prospective candidate making inquiries of the tender document may notify the Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response

(including an explanation of the

query but without identifying the

source of inquiry) will be sent to all

prospective

Bidders should send clarification request to tendersafagoke and must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

Page 16 of 50

tenderers who have received the

tender documentsrdquo

212 Tender Security A bid bond of KES 100000 Must be

submitted with the tender document in the

banksInsurance letter

head

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY

OF TENDERrdquo as appropriate In the

event of any discrepancy between

them the original shall govern

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and

ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall a)be addressed to the Authority at the address given in the invitation to tender b)bear tender number and name in the invitation to tender and the words

ldquoDO NOT OPEN BEFORE(day date

and time of closing)rdquo

2152 The Authority will assume no

responsibility for the tenderrsquos

misplacement or premature opening

Applicable

2153 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 ldquolaterdquo

Applicable

2161 Tenders must be received by the

Procuring entity at the address

specified under paragraph 2152 no

later than (day date and time of

closing)

Tender Submission

DeadlineWednesday14th November2018

at 1130am

Page 17 of 50

2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

Applicable

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent

by email but followed by a signed

confirmation copy postmarked not

later than the deadline for

submission of tenders

Applicable

2202 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

No correction of errors The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction adjustment or amendment in any way by any

224 Award of Contract

The Authority may at its own discretion conduct due diligence on the

Eligible bidders to establish their ability

to perform the contract

The tenderer that will meet all the

evaluation criteria and his TENDER

SUM is the Lowest will be awarded the

tender for the provision of Internet

services for a period of two years

subject to satisfactory performance

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 8: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 8 of 50

2125 Unsuccessful tendererrsquos 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 Authority

2126 The successful tendererrsquos tender security will be discharged upon the tenderer

signing the contract pursuant to paragraph 229 and furnishing the performance security pursuant to paragraph 230

2127 The tender security may be forfeited

(a) If a tenderer withdraws its tender during the period of tender validity specified

by the Authority on the Tender Form or

b) In the case of a successful tenderer ifthe tenderer fails (i) To sign the contract in accordance with paragraph 30 (ii) To furnish performance security in accordance with paragraph 31

(c) If the tenderer rejects correction of an error in the tender

213 Validity of Tenders 2131 Tenders shall remain valid for Ninety (90) days or as specified in the invitation

to tender after date of tender opening prescribed by the Authority pursuant to paragraph 218 A tender valid for a shorter period shall be rejected by the Authority as nonresponsive

2132 In exceptional circumstances the Authority may solicit the Tendererrsquos 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 212 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

214 Format and Signing of Tender

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY OF TENDERrdquo as appropriate In the event of any discrepancy between them the original shall govern

2142 The original and all copies of the tender shall be typed or written in indelible ink

and shall be signed by the tenderer or a person or persons duly authorized to bind the tenderer to the contract All pages of the tender except for un-amended printed literature shall be initialed by the person or persons signing the tender

Page 9 of 50

2143 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

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall

(a) be addressed to the Authority at the address given in the invitation to tender

(b) bear tender number and name in the invitation to tender and the words ldquoDO NOT

OPEN BEFORE 14th November 2018 at 1130 am 2153 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 ldquolaterdquo 2154 If the outer envelope is not sealed and marked as required by

paragraph 2152 the Authority will assume no responsibility for the tenderrsquos misplacement or premature opening

216 Deadline for Submission of Tenders

2161 Tenders must be received by the Authority at the address specified under paragraph 2152 no later 14th November 2018 at 1130 am 2162 The Authority may at its discretion extend this deadline for the submission of

tenders by amending the tender documents in accordance with paragraph 6 in which case all rights and obligations of the Authority and candidates previously subject to the deadline will thereafter be subject to the deadline as extended

217 Modification and withdrawal of tenders 2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission

provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed

marked and dispatched in accordance with the provisions of paragraph 215 A withdrawal notice may also be sent by email but followed by a signed confirmation copy postmarked not later than the deadline for submission of tenders

2173 No tender may be modified after the deadline for submission of tenders

Page 10 of 50

2174 No tender may be withdrawn in the interval between the deadline for submission

of tenders and the expiration of the period of tender validity specified by the tenderer on the Tender Form Withdrawal of a tender during this interval may result in the Tendererrsquos forfeiture of its tender security pursuant to paragraph 2127

2175 The Authority may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination

2176 The Authorityshall 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

218 Opening of Tenders 2181 The Procuring entity will open all tenders in the presence of

tenderersrsquo representatives who choose to attend at 14th November 2018 at 1130 amand in the location specified in the invitation to tender The tenderersrsquo representatives who are present shall sign a register evidencing their attendance

2183 The tenderersrsquo names tender modifications or withdrawals tender prices

discounts and the presence or absence of requisite tender security and such other details as the Authority at its discretion may consider appropriate will be announced at the opening

2184 The Authority will prepare minutes of the tender opening which will be submitted

to the tenderers that signed the tender opening register and will have made the request

219 Clarification of tenders 2191 To assist in the examination evaluation and comparison of tenders the

Authority 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 shall be sought offered or permitted

2192 Any effort by the tenderer to influence the Authority in the Authority tender

evaluation tender comparison or contract award decisions may result in the rejection of the tenderers tender

220 Preliminary Examination and Responsiveness 2201 The Authority will examine the tenders to determine whether they are complete

whether any computational errors have been made whether required securities have been furnished whether the documents have been properly signed and whether the tenders are generally in order

Page 11 of 50

2202 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

2203 The Authority may waive any minor informality or nonconformity 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

2204 Prior to the detailed evaluation pursuant to paragraph 23 the Authority 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 Authority determination of a tenderrsquos responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence

2205 If a tender is not substantially responsive it will be rejected by the Authority and

may not subsequently be made responsive by the tenderer by correction of the nonconformity

221 Conversion to a single currency

2211 Where other currencies are used the Authority 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

222 Evaluation and comparison of tenders

2221 The Authority will evaluate and compare the tenders which have been determined

to be substantially responsive pursuant to paragraph 220 2222 The comparison shall be of the price including all costs as well as duties and taxes

payable on all the materials to be used in the provision of the services 2223 The Authority 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 2224 and in the technical specifications

(a) Operational plan proposed in the tender

(b) Deviations in payment schedule from that specified in the Special Conditions of

Contract

Page 12 of 50

2224 Pursuant to paragraph 223 the following evaluation methods will be applied

(a) Operational Plan

The Authority requires that the services under the Invitation for Tenders shall be performed at the time specified in the Schedule of Requirements Tenders offering to perform longer than the Authority 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 on a 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 Authority may consider the alternative payment schedule offered by the selected tenderer

2225 The tender evaluation committee shall evaluate the tender within thirty (30) days

from the date of opening the tender 2226 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 223 Contacting the Authority 2231 Subject to paragraph 219 no tenderer shall contact the Authority on any matter

relating to its tender from the time of the tender opening to the time the contract is awarded

2232 Any effort by a tenderer to influence the Authority in its decisions on tender evaluation tender comparison or contract award may result in the rejection of the tenderers tender

224 Award of Contract a) Post qualification

2241 In the absence of pre-qualification the Authority 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

Page 13 of 50

2242 The determination will take into account the tendererrsquos 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 212 as well as such other information as the Procuring entity deems necessary and appropriate

2243 An affirmative determination will be a prerequisite for award of the contract to

the tenderer A negative determination will result in rejection of the Tendererrsquos tender in which event the Authority will proceed to the next lowest evaluated tender to make a similar determination of that Tendererrsquos capabilities to perform satisfactorily

b) Award Criteria

2243 Subject to paragraph 229 the Authority 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

2244 The Authority reserves the right to accept or reject any tender and to annul the tendering process and reject all tenders at any time prior to contract award without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Authority action If the Authority determines that none of the tenderers is responsive the Authority shall notify each tenderer who submitted a tender

2245 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

225 Notification of award 2251 Prior to the expiration of the period of tender validity the Authority will

notify the successful tenderer in writing that its tender has been accepted 2252 The notification of award will signify the formation of the Contract subject to the

signing of the contract between the tenderer and the Authority pursuant to clause 229 Simultaneously the other tenderers shall be notified that their tenders have not been successful

2253 Upon the successful Tendererrsquos furnishing of the performance security pursuant to paragraph 31 the Authority will promptly notify each unsuccessful Tenderer and will discharge its tender security pursuant to paragraph 212

226 Signing of Contract 2261 At the same time as the Authority notifies the successful tenderer that its tender

has been accepted the Authority will simultaneously inform the other tenderers that their tenders have not been successful

Page 14 of 50

2262 Within seven (7) daysof receipt of the Contract Form the successful tenderer shall sign and date the contract and return it to the Authority

2263 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 227 Performance Security

2271 Within fifteen (15) days of the receipt of notification of award from the

Authority 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 Authority

2272 Failure of the successful tenderer to comply with the requirement of

paragraph 229 or paragraph 2301 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security in which event the Authority may make the award to the next lowest evaluated or call for new tenders

228 Corrupt or Fraudulent Practices

2281 The Procuring entity requires that tenderers observe the highest

standard of ethics during 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

2282 The Authority will reject a proposal for award if it determines that the tenderer

recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question

2283 Further a tenderer who is found to have indulged in corrupt or fraudulent

practices risks being debarred from participating in public procurement in Kenya

Page 15 of 50

Appendix to instructions to tenderers

The following information for procurement of services shall complement or amend the provisions of the instructions to tenderers Wherever there is a conflict between the provisions 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

Clause No Instructions to tenderers Particulars of appendix to

instructions to tenderers

21 Tenderers Eligibility and Qualifications

Only Registered National suppliers are

eligible

24 Clarification of Documents Bidders should send clarification request to tendersafagokeand must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

222 The price to be charged for the tender document shall not exceed Kshs1000= Where the tenderers

download documents from

Agriculture and Food Authority

website or tendersgokethere shall

be no cost

This is an online tender the soft copy to be

downloaded free of charge

223 The Authority shall allow the

tenderer to review the tender

document free of charge before

purchase

Not applicable as this is an online document

241 A prospective candidate making inquiries of the tender document may notify the Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response

(including an explanation of the

query but without identifying the

source of inquiry) will be sent to all

prospective

Bidders should send clarification request to tendersafagoke and must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

Page 16 of 50

tenderers who have received the

tender documentsrdquo

212 Tender Security A bid bond of KES 100000 Must be

submitted with the tender document in the

banksInsurance letter

head

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY

OF TENDERrdquo as appropriate In the

event of any discrepancy between

them the original shall govern

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and

ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall a)be addressed to the Authority at the address given in the invitation to tender b)bear tender number and name in the invitation to tender and the words

ldquoDO NOT OPEN BEFORE(day date

and time of closing)rdquo

2152 The Authority will assume no

responsibility for the tenderrsquos

misplacement or premature opening

Applicable

2153 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 ldquolaterdquo

Applicable

2161 Tenders must be received by the

Procuring entity at the address

specified under paragraph 2152 no

later than (day date and time of

closing)

Tender Submission

DeadlineWednesday14th November2018

at 1130am

Page 17 of 50

2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

Applicable

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent

by email but followed by a signed

confirmation copy postmarked not

later than the deadline for

submission of tenders

Applicable

2202 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

No correction of errors The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction adjustment or amendment in any way by any

224 Award of Contract

The Authority may at its own discretion conduct due diligence on the

Eligible bidders to establish their ability

to perform the contract

The tenderer that will meet all the

evaluation criteria and his TENDER

SUM is the Lowest will be awarded the

tender for the provision of Internet

services for a period of two years

subject to satisfactory performance

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 9: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 9 of 50

2143 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

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall

(a) be addressed to the Authority at the address given in the invitation to tender

(b) bear tender number and name in the invitation to tender and the words ldquoDO NOT

OPEN BEFORE 14th November 2018 at 1130 am 2153 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 ldquolaterdquo 2154 If the outer envelope is not sealed and marked as required by

paragraph 2152 the Authority will assume no responsibility for the tenderrsquos misplacement or premature opening

216 Deadline for Submission of Tenders

2161 Tenders must be received by the Authority at the address specified under paragraph 2152 no later 14th November 2018 at 1130 am 2162 The Authority may at its discretion extend this deadline for the submission of

tenders by amending the tender documents in accordance with paragraph 6 in which case all rights and obligations of the Authority and candidates previously subject to the deadline will thereafter be subject to the deadline as extended

217 Modification and withdrawal of tenders 2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission

provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed

marked and dispatched in accordance with the provisions of paragraph 215 A withdrawal notice may also be sent by email but followed by a signed confirmation copy postmarked not later than the deadline for submission of tenders

2173 No tender may be modified after the deadline for submission of tenders

Page 10 of 50

2174 No tender may be withdrawn in the interval between the deadline for submission

of tenders and the expiration of the period of tender validity specified by the tenderer on the Tender Form Withdrawal of a tender during this interval may result in the Tendererrsquos forfeiture of its tender security pursuant to paragraph 2127

2175 The Authority may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination

2176 The Authorityshall 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

218 Opening of Tenders 2181 The Procuring entity will open all tenders in the presence of

tenderersrsquo representatives who choose to attend at 14th November 2018 at 1130 amand in the location specified in the invitation to tender The tenderersrsquo representatives who are present shall sign a register evidencing their attendance

2183 The tenderersrsquo names tender modifications or withdrawals tender prices

discounts and the presence or absence of requisite tender security and such other details as the Authority at its discretion may consider appropriate will be announced at the opening

2184 The Authority will prepare minutes of the tender opening which will be submitted

to the tenderers that signed the tender opening register and will have made the request

219 Clarification of tenders 2191 To assist in the examination evaluation and comparison of tenders the

Authority 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 shall be sought offered or permitted

2192 Any effort by the tenderer to influence the Authority in the Authority tender

evaluation tender comparison or contract award decisions may result in the rejection of the tenderers tender

220 Preliminary Examination and Responsiveness 2201 The Authority will examine the tenders to determine whether they are complete

whether any computational errors have been made whether required securities have been furnished whether the documents have been properly signed and whether the tenders are generally in order

Page 11 of 50

2202 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

2203 The Authority may waive any minor informality or nonconformity 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

2204 Prior to the detailed evaluation pursuant to paragraph 23 the Authority 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 Authority determination of a tenderrsquos responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence

2205 If a tender is not substantially responsive it will be rejected by the Authority and

may not subsequently be made responsive by the tenderer by correction of the nonconformity

221 Conversion to a single currency

2211 Where other currencies are used the Authority 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

222 Evaluation and comparison of tenders

2221 The Authority will evaluate and compare the tenders which have been determined

to be substantially responsive pursuant to paragraph 220 2222 The comparison shall be of the price including all costs as well as duties and taxes

payable on all the materials to be used in the provision of the services 2223 The Authority 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 2224 and in the technical specifications

(a) Operational plan proposed in the tender

(b) Deviations in payment schedule from that specified in the Special Conditions of

Contract

Page 12 of 50

2224 Pursuant to paragraph 223 the following evaluation methods will be applied

(a) Operational Plan

The Authority requires that the services under the Invitation for Tenders shall be performed at the time specified in the Schedule of Requirements Tenders offering to perform longer than the Authority 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 on a 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 Authority may consider the alternative payment schedule offered by the selected tenderer

2225 The tender evaluation committee shall evaluate the tender within thirty (30) days

from the date of opening the tender 2226 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 223 Contacting the Authority 2231 Subject to paragraph 219 no tenderer shall contact the Authority on any matter

relating to its tender from the time of the tender opening to the time the contract is awarded

2232 Any effort by a tenderer to influence the Authority in its decisions on tender evaluation tender comparison or contract award may result in the rejection of the tenderers tender

224 Award of Contract a) Post qualification

2241 In the absence of pre-qualification the Authority 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

Page 13 of 50

2242 The determination will take into account the tendererrsquos 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 212 as well as such other information as the Procuring entity deems necessary and appropriate

2243 An affirmative determination will be a prerequisite for award of the contract to

the tenderer A negative determination will result in rejection of the Tendererrsquos tender in which event the Authority will proceed to the next lowest evaluated tender to make a similar determination of that Tendererrsquos capabilities to perform satisfactorily

b) Award Criteria

2243 Subject to paragraph 229 the Authority 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

2244 The Authority reserves the right to accept or reject any tender and to annul the tendering process and reject all tenders at any time prior to contract award without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Authority action If the Authority determines that none of the tenderers is responsive the Authority shall notify each tenderer who submitted a tender

2245 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

225 Notification of award 2251 Prior to the expiration of the period of tender validity the Authority will

notify the successful tenderer in writing that its tender has been accepted 2252 The notification of award will signify the formation of the Contract subject to the

signing of the contract between the tenderer and the Authority pursuant to clause 229 Simultaneously the other tenderers shall be notified that their tenders have not been successful

2253 Upon the successful Tendererrsquos furnishing of the performance security pursuant to paragraph 31 the Authority will promptly notify each unsuccessful Tenderer and will discharge its tender security pursuant to paragraph 212

226 Signing of Contract 2261 At the same time as the Authority notifies the successful tenderer that its tender

has been accepted the Authority will simultaneously inform the other tenderers that their tenders have not been successful

Page 14 of 50

2262 Within seven (7) daysof receipt of the Contract Form the successful tenderer shall sign and date the contract and return it to the Authority

2263 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 227 Performance Security

2271 Within fifteen (15) days of the receipt of notification of award from the

Authority 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 Authority

2272 Failure of the successful tenderer to comply with the requirement of

paragraph 229 or paragraph 2301 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security in which event the Authority may make the award to the next lowest evaluated or call for new tenders

228 Corrupt or Fraudulent Practices

2281 The Procuring entity requires that tenderers observe the highest

standard of ethics during 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

2282 The Authority will reject a proposal for award if it determines that the tenderer

recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question

2283 Further a tenderer who is found to have indulged in corrupt or fraudulent

practices risks being debarred from participating in public procurement in Kenya

Page 15 of 50

Appendix to instructions to tenderers

The following information for procurement of services shall complement or amend the provisions of the instructions to tenderers Wherever there is a conflict between the provisions 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

Clause No Instructions to tenderers Particulars of appendix to

instructions to tenderers

21 Tenderers Eligibility and Qualifications

Only Registered National suppliers are

eligible

24 Clarification of Documents Bidders should send clarification request to tendersafagokeand must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

222 The price to be charged for the tender document shall not exceed Kshs1000= Where the tenderers

download documents from

Agriculture and Food Authority

website or tendersgokethere shall

be no cost

This is an online tender the soft copy to be

downloaded free of charge

223 The Authority shall allow the

tenderer to review the tender

document free of charge before

purchase

Not applicable as this is an online document

241 A prospective candidate making inquiries of the tender document may notify the Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response

(including an explanation of the

query but without identifying the

source of inquiry) will be sent to all

prospective

Bidders should send clarification request to tendersafagoke and must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

Page 16 of 50

tenderers who have received the

tender documentsrdquo

212 Tender Security A bid bond of KES 100000 Must be

submitted with the tender document in the

banksInsurance letter

head

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY

OF TENDERrdquo as appropriate In the

event of any discrepancy between

them the original shall govern

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and

ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall a)be addressed to the Authority at the address given in the invitation to tender b)bear tender number and name in the invitation to tender and the words

ldquoDO NOT OPEN BEFORE(day date

and time of closing)rdquo

2152 The Authority will assume no

responsibility for the tenderrsquos

misplacement or premature opening

Applicable

2153 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 ldquolaterdquo

Applicable

2161 Tenders must be received by the

Procuring entity at the address

specified under paragraph 2152 no

later than (day date and time of

closing)

Tender Submission

DeadlineWednesday14th November2018

at 1130am

Page 17 of 50

2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

Applicable

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent

by email but followed by a signed

confirmation copy postmarked not

later than the deadline for

submission of tenders

Applicable

2202 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

No correction of errors The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction adjustment or amendment in any way by any

224 Award of Contract

The Authority may at its own discretion conduct due diligence on the

Eligible bidders to establish their ability

to perform the contract

The tenderer that will meet all the

evaluation criteria and his TENDER

SUM is the Lowest will be awarded the

tender for the provision of Internet

services for a period of two years

subject to satisfactory performance

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

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ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 10: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 10 of 50

2174 No tender may be withdrawn in the interval between the deadline for submission

of tenders and the expiration of the period of tender validity specified by the tenderer on the Tender Form Withdrawal of a tender during this interval may result in the Tendererrsquos forfeiture of its tender security pursuant to paragraph 2127

2175 The Authority may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination

2176 The Authorityshall 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

218 Opening of Tenders 2181 The Procuring entity will open all tenders in the presence of

tenderersrsquo representatives who choose to attend at 14th November 2018 at 1130 amand in the location specified in the invitation to tender The tenderersrsquo representatives who are present shall sign a register evidencing their attendance

2183 The tenderersrsquo names tender modifications or withdrawals tender prices

discounts and the presence or absence of requisite tender security and such other details as the Authority at its discretion may consider appropriate will be announced at the opening

2184 The Authority will prepare minutes of the tender opening which will be submitted

to the tenderers that signed the tender opening register and will have made the request

219 Clarification of tenders 2191 To assist in the examination evaluation and comparison of tenders the

Authority 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 shall be sought offered or permitted

2192 Any effort by the tenderer to influence the Authority in the Authority tender

evaluation tender comparison or contract award decisions may result in the rejection of the tenderers tender

220 Preliminary Examination and Responsiveness 2201 The Authority will examine the tenders to determine whether they are complete

whether any computational errors have been made whether required securities have been furnished whether the documents have been properly signed and whether the tenders are generally in order

Page 11 of 50

2202 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

2203 The Authority may waive any minor informality or nonconformity 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

2204 Prior to the detailed evaluation pursuant to paragraph 23 the Authority 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 Authority determination of a tenderrsquos responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence

2205 If a tender is not substantially responsive it will be rejected by the Authority and

may not subsequently be made responsive by the tenderer by correction of the nonconformity

221 Conversion to a single currency

2211 Where other currencies are used the Authority 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

222 Evaluation and comparison of tenders

2221 The Authority will evaluate and compare the tenders which have been determined

to be substantially responsive pursuant to paragraph 220 2222 The comparison shall be of the price including all costs as well as duties and taxes

payable on all the materials to be used in the provision of the services 2223 The Authority 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 2224 and in the technical specifications

(a) Operational plan proposed in the tender

(b) Deviations in payment schedule from that specified in the Special Conditions of

Contract

Page 12 of 50

2224 Pursuant to paragraph 223 the following evaluation methods will be applied

(a) Operational Plan

The Authority requires that the services under the Invitation for Tenders shall be performed at the time specified in the Schedule of Requirements Tenders offering to perform longer than the Authority 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 on a 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 Authority may consider the alternative payment schedule offered by the selected tenderer

2225 The tender evaluation committee shall evaluate the tender within thirty (30) days

from the date of opening the tender 2226 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 223 Contacting the Authority 2231 Subject to paragraph 219 no tenderer shall contact the Authority on any matter

relating to its tender from the time of the tender opening to the time the contract is awarded

2232 Any effort by a tenderer to influence the Authority in its decisions on tender evaluation tender comparison or contract award may result in the rejection of the tenderers tender

224 Award of Contract a) Post qualification

2241 In the absence of pre-qualification the Authority 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

Page 13 of 50

2242 The determination will take into account the tendererrsquos 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 212 as well as such other information as the Procuring entity deems necessary and appropriate

2243 An affirmative determination will be a prerequisite for award of the contract to

the tenderer A negative determination will result in rejection of the Tendererrsquos tender in which event the Authority will proceed to the next lowest evaluated tender to make a similar determination of that Tendererrsquos capabilities to perform satisfactorily

b) Award Criteria

2243 Subject to paragraph 229 the Authority 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

2244 The Authority reserves the right to accept or reject any tender and to annul the tendering process and reject all tenders at any time prior to contract award without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Authority action If the Authority determines that none of the tenderers is responsive the Authority shall notify each tenderer who submitted a tender

2245 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

225 Notification of award 2251 Prior to the expiration of the period of tender validity the Authority will

notify the successful tenderer in writing that its tender has been accepted 2252 The notification of award will signify the formation of the Contract subject to the

signing of the contract between the tenderer and the Authority pursuant to clause 229 Simultaneously the other tenderers shall be notified that their tenders have not been successful

2253 Upon the successful Tendererrsquos furnishing of the performance security pursuant to paragraph 31 the Authority will promptly notify each unsuccessful Tenderer and will discharge its tender security pursuant to paragraph 212

226 Signing of Contract 2261 At the same time as the Authority notifies the successful tenderer that its tender

has been accepted the Authority will simultaneously inform the other tenderers that their tenders have not been successful

Page 14 of 50

2262 Within seven (7) daysof receipt of the Contract Form the successful tenderer shall sign and date the contract and return it to the Authority

2263 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 227 Performance Security

2271 Within fifteen (15) days of the receipt of notification of award from the

Authority 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 Authority

2272 Failure of the successful tenderer to comply with the requirement of

paragraph 229 or paragraph 2301 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security in which event the Authority may make the award to the next lowest evaluated or call for new tenders

228 Corrupt or Fraudulent Practices

2281 The Procuring entity requires that tenderers observe the highest

standard of ethics during 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

2282 The Authority will reject a proposal for award if it determines that the tenderer

recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question

2283 Further a tenderer who is found to have indulged in corrupt or fraudulent

practices risks being debarred from participating in public procurement in Kenya

Page 15 of 50

Appendix to instructions to tenderers

The following information for procurement of services shall complement or amend the provisions of the instructions to tenderers Wherever there is a conflict between the provisions 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

Clause No Instructions to tenderers Particulars of appendix to

instructions to tenderers

21 Tenderers Eligibility and Qualifications

Only Registered National suppliers are

eligible

24 Clarification of Documents Bidders should send clarification request to tendersafagokeand must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

222 The price to be charged for the tender document shall not exceed Kshs1000= Where the tenderers

download documents from

Agriculture and Food Authority

website or tendersgokethere shall

be no cost

This is an online tender the soft copy to be

downloaded free of charge

223 The Authority shall allow the

tenderer to review the tender

document free of charge before

purchase

Not applicable as this is an online document

241 A prospective candidate making inquiries of the tender document may notify the Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response

(including an explanation of the

query but without identifying the

source of inquiry) will be sent to all

prospective

Bidders should send clarification request to tendersafagoke and must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

Page 16 of 50

tenderers who have received the

tender documentsrdquo

212 Tender Security A bid bond of KES 100000 Must be

submitted with the tender document in the

banksInsurance letter

head

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY

OF TENDERrdquo as appropriate In the

event of any discrepancy between

them the original shall govern

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and

ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall a)be addressed to the Authority at the address given in the invitation to tender b)bear tender number and name in the invitation to tender and the words

ldquoDO NOT OPEN BEFORE(day date

and time of closing)rdquo

2152 The Authority will assume no

responsibility for the tenderrsquos

misplacement or premature opening

Applicable

2153 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 ldquolaterdquo

Applicable

2161 Tenders must be received by the

Procuring entity at the address

specified under paragraph 2152 no

later than (day date and time of

closing)

Tender Submission

DeadlineWednesday14th November2018

at 1130am

Page 17 of 50

2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

Applicable

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent

by email but followed by a signed

confirmation copy postmarked not

later than the deadline for

submission of tenders

Applicable

2202 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

No correction of errors The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction adjustment or amendment in any way by any

224 Award of Contract

The Authority may at its own discretion conduct due diligence on the

Eligible bidders to establish their ability

to perform the contract

The tenderer that will meet all the

evaluation criteria and his TENDER

SUM is the Lowest will be awarded the

tender for the provision of Internet

services for a period of two years

subject to satisfactory performance

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 11: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 11 of 50

2202 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

2203 The Authority may waive any minor informality or nonconformity 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

2204 Prior to the detailed evaluation pursuant to paragraph 23 the Authority 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 Authority determination of a tenderrsquos responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence

2205 If a tender is not substantially responsive it will be rejected by the Authority and

may not subsequently be made responsive by the tenderer by correction of the nonconformity

221 Conversion to a single currency

2211 Where other currencies are used the Authority 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

222 Evaluation and comparison of tenders

2221 The Authority will evaluate and compare the tenders which have been determined

to be substantially responsive pursuant to paragraph 220 2222 The comparison shall be of the price including all costs as well as duties and taxes

payable on all the materials to be used in the provision of the services 2223 The Authority 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 2224 and in the technical specifications

(a) Operational plan proposed in the tender

(b) Deviations in payment schedule from that specified in the Special Conditions of

Contract

Page 12 of 50

2224 Pursuant to paragraph 223 the following evaluation methods will be applied

(a) Operational Plan

The Authority requires that the services under the Invitation for Tenders shall be performed at the time specified in the Schedule of Requirements Tenders offering to perform longer than the Authority 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 on a 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 Authority may consider the alternative payment schedule offered by the selected tenderer

2225 The tender evaluation committee shall evaluate the tender within thirty (30) days

from the date of opening the tender 2226 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 223 Contacting the Authority 2231 Subject to paragraph 219 no tenderer shall contact the Authority on any matter

relating to its tender from the time of the tender opening to the time the contract is awarded

2232 Any effort by a tenderer to influence the Authority in its decisions on tender evaluation tender comparison or contract award may result in the rejection of the tenderers tender

224 Award of Contract a) Post qualification

2241 In the absence of pre-qualification the Authority 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

Page 13 of 50

2242 The determination will take into account the tendererrsquos 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 212 as well as such other information as the Procuring entity deems necessary and appropriate

2243 An affirmative determination will be a prerequisite for award of the contract to

the tenderer A negative determination will result in rejection of the Tendererrsquos tender in which event the Authority will proceed to the next lowest evaluated tender to make a similar determination of that Tendererrsquos capabilities to perform satisfactorily

b) Award Criteria

2243 Subject to paragraph 229 the Authority 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

2244 The Authority reserves the right to accept or reject any tender and to annul the tendering process and reject all tenders at any time prior to contract award without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Authority action If the Authority determines that none of the tenderers is responsive the Authority shall notify each tenderer who submitted a tender

2245 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

225 Notification of award 2251 Prior to the expiration of the period of tender validity the Authority will

notify the successful tenderer in writing that its tender has been accepted 2252 The notification of award will signify the formation of the Contract subject to the

signing of the contract between the tenderer and the Authority pursuant to clause 229 Simultaneously the other tenderers shall be notified that their tenders have not been successful

2253 Upon the successful Tendererrsquos furnishing of the performance security pursuant to paragraph 31 the Authority will promptly notify each unsuccessful Tenderer and will discharge its tender security pursuant to paragraph 212

226 Signing of Contract 2261 At the same time as the Authority notifies the successful tenderer that its tender

has been accepted the Authority will simultaneously inform the other tenderers that their tenders have not been successful

Page 14 of 50

2262 Within seven (7) daysof receipt of the Contract Form the successful tenderer shall sign and date the contract and return it to the Authority

2263 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 227 Performance Security

2271 Within fifteen (15) days of the receipt of notification of award from the

Authority 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 Authority

2272 Failure of the successful tenderer to comply with the requirement of

paragraph 229 or paragraph 2301 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security in which event the Authority may make the award to the next lowest evaluated or call for new tenders

228 Corrupt or Fraudulent Practices

2281 The Procuring entity requires that tenderers observe the highest

standard of ethics during 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

2282 The Authority will reject a proposal for award if it determines that the tenderer

recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question

2283 Further a tenderer who is found to have indulged in corrupt or fraudulent

practices risks being debarred from participating in public procurement in Kenya

Page 15 of 50

Appendix to instructions to tenderers

The following information for procurement of services shall complement or amend the provisions of the instructions to tenderers Wherever there is a conflict between the provisions 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

Clause No Instructions to tenderers Particulars of appendix to

instructions to tenderers

21 Tenderers Eligibility and Qualifications

Only Registered National suppliers are

eligible

24 Clarification of Documents Bidders should send clarification request to tendersafagokeand must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

222 The price to be charged for the tender document shall not exceed Kshs1000= Where the tenderers

download documents from

Agriculture and Food Authority

website or tendersgokethere shall

be no cost

This is an online tender the soft copy to be

downloaded free of charge

223 The Authority shall allow the

tenderer to review the tender

document free of charge before

purchase

Not applicable as this is an online document

241 A prospective candidate making inquiries of the tender document may notify the Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response

(including an explanation of the

query but without identifying the

source of inquiry) will be sent to all

prospective

Bidders should send clarification request to tendersafagoke and must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

Page 16 of 50

tenderers who have received the

tender documentsrdquo

212 Tender Security A bid bond of KES 100000 Must be

submitted with the tender document in the

banksInsurance letter

head

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY

OF TENDERrdquo as appropriate In the

event of any discrepancy between

them the original shall govern

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and

ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall a)be addressed to the Authority at the address given in the invitation to tender b)bear tender number and name in the invitation to tender and the words

ldquoDO NOT OPEN BEFORE(day date

and time of closing)rdquo

2152 The Authority will assume no

responsibility for the tenderrsquos

misplacement or premature opening

Applicable

2153 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 ldquolaterdquo

Applicable

2161 Tenders must be received by the

Procuring entity at the address

specified under paragraph 2152 no

later than (day date and time of

closing)

Tender Submission

DeadlineWednesday14th November2018

at 1130am

Page 17 of 50

2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

Applicable

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent

by email but followed by a signed

confirmation copy postmarked not

later than the deadline for

submission of tenders

Applicable

2202 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

No correction of errors The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction adjustment or amendment in any way by any

224 Award of Contract

The Authority may at its own discretion conduct due diligence on the

Eligible bidders to establish their ability

to perform the contract

The tenderer that will meet all the

evaluation criteria and his TENDER

SUM is the Lowest will be awarded the

tender for the provision of Internet

services for a period of two years

subject to satisfactory performance

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 12: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 12 of 50

2224 Pursuant to paragraph 223 the following evaluation methods will be applied

(a) Operational Plan

The Authority requires that the services under the Invitation for Tenders shall be performed at the time specified in the Schedule of Requirements Tenders offering to perform longer than the Authority 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 on a 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 Authority may consider the alternative payment schedule offered by the selected tenderer

2225 The tender evaluation committee shall evaluate the tender within thirty (30) days

from the date of opening the tender 2226 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 223 Contacting the Authority 2231 Subject to paragraph 219 no tenderer shall contact the Authority on any matter

relating to its tender from the time of the tender opening to the time the contract is awarded

2232 Any effort by a tenderer to influence the Authority in its decisions on tender evaluation tender comparison or contract award may result in the rejection of the tenderers tender

224 Award of Contract a) Post qualification

2241 In the absence of pre-qualification the Authority 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

Page 13 of 50

2242 The determination will take into account the tendererrsquos 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 212 as well as such other information as the Procuring entity deems necessary and appropriate

2243 An affirmative determination will be a prerequisite for award of the contract to

the tenderer A negative determination will result in rejection of the Tendererrsquos tender in which event the Authority will proceed to the next lowest evaluated tender to make a similar determination of that Tendererrsquos capabilities to perform satisfactorily

b) Award Criteria

2243 Subject to paragraph 229 the Authority 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

2244 The Authority reserves the right to accept or reject any tender and to annul the tendering process and reject all tenders at any time prior to contract award without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Authority action If the Authority determines that none of the tenderers is responsive the Authority shall notify each tenderer who submitted a tender

2245 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

225 Notification of award 2251 Prior to the expiration of the period of tender validity the Authority will

notify the successful tenderer in writing that its tender has been accepted 2252 The notification of award will signify the formation of the Contract subject to the

signing of the contract between the tenderer and the Authority pursuant to clause 229 Simultaneously the other tenderers shall be notified that their tenders have not been successful

2253 Upon the successful Tendererrsquos furnishing of the performance security pursuant to paragraph 31 the Authority will promptly notify each unsuccessful Tenderer and will discharge its tender security pursuant to paragraph 212

226 Signing of Contract 2261 At the same time as the Authority notifies the successful tenderer that its tender

has been accepted the Authority will simultaneously inform the other tenderers that their tenders have not been successful

Page 14 of 50

2262 Within seven (7) daysof receipt of the Contract Form the successful tenderer shall sign and date the contract and return it to the Authority

2263 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 227 Performance Security

2271 Within fifteen (15) days of the receipt of notification of award from the

Authority 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 Authority

2272 Failure of the successful tenderer to comply with the requirement of

paragraph 229 or paragraph 2301 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security in which event the Authority may make the award to the next lowest evaluated or call for new tenders

228 Corrupt or Fraudulent Practices

2281 The Procuring entity requires that tenderers observe the highest

standard of ethics during 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

2282 The Authority will reject a proposal for award if it determines that the tenderer

recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question

2283 Further a tenderer who is found to have indulged in corrupt or fraudulent

practices risks being debarred from participating in public procurement in Kenya

Page 15 of 50

Appendix to instructions to tenderers

The following information for procurement of services shall complement or amend the provisions of the instructions to tenderers Wherever there is a conflict between the provisions 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

Clause No Instructions to tenderers Particulars of appendix to

instructions to tenderers

21 Tenderers Eligibility and Qualifications

Only Registered National suppliers are

eligible

24 Clarification of Documents Bidders should send clarification request to tendersafagokeand must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

222 The price to be charged for the tender document shall not exceed Kshs1000= Where the tenderers

download documents from

Agriculture and Food Authority

website or tendersgokethere shall

be no cost

This is an online tender the soft copy to be

downloaded free of charge

223 The Authority shall allow the

tenderer to review the tender

document free of charge before

purchase

Not applicable as this is an online document

241 A prospective candidate making inquiries of the tender document may notify the Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response

(including an explanation of the

query but without identifying the

source of inquiry) will be sent to all

prospective

Bidders should send clarification request to tendersafagoke and must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

Page 16 of 50

tenderers who have received the

tender documentsrdquo

212 Tender Security A bid bond of KES 100000 Must be

submitted with the tender document in the

banksInsurance letter

head

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY

OF TENDERrdquo as appropriate In the

event of any discrepancy between

them the original shall govern

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and

ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall a)be addressed to the Authority at the address given in the invitation to tender b)bear tender number and name in the invitation to tender and the words

ldquoDO NOT OPEN BEFORE(day date

and time of closing)rdquo

2152 The Authority will assume no

responsibility for the tenderrsquos

misplacement or premature opening

Applicable

2153 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 ldquolaterdquo

Applicable

2161 Tenders must be received by the

Procuring entity at the address

specified under paragraph 2152 no

later than (day date and time of

closing)

Tender Submission

DeadlineWednesday14th November2018

at 1130am

Page 17 of 50

2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

Applicable

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent

by email but followed by a signed

confirmation copy postmarked not

later than the deadline for

submission of tenders

Applicable

2202 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

No correction of errors The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction adjustment or amendment in any way by any

224 Award of Contract

The Authority may at its own discretion conduct due diligence on the

Eligible bidders to establish their ability

to perform the contract

The tenderer that will meet all the

evaluation criteria and his TENDER

SUM is the Lowest will be awarded the

tender for the provision of Internet

services for a period of two years

subject to satisfactory performance

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 13: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 13 of 50

2242 The determination will take into account the tendererrsquos 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 212 as well as such other information as the Procuring entity deems necessary and appropriate

2243 An affirmative determination will be a prerequisite for award of the contract to

the tenderer A negative determination will result in rejection of the Tendererrsquos tender in which event the Authority will proceed to the next lowest evaluated tender to make a similar determination of that Tendererrsquos capabilities to perform satisfactorily

b) Award Criteria

2243 Subject to paragraph 229 the Authority 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

2244 The Authority reserves the right to accept or reject any tender and to annul the tendering process and reject all tenders at any time prior to contract award without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Authority action If the Authority determines that none of the tenderers is responsive the Authority shall notify each tenderer who submitted a tender

2245 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

225 Notification of award 2251 Prior to the expiration of the period of tender validity the Authority will

notify the successful tenderer in writing that its tender has been accepted 2252 The notification of award will signify the formation of the Contract subject to the

signing of the contract between the tenderer and the Authority pursuant to clause 229 Simultaneously the other tenderers shall be notified that their tenders have not been successful

2253 Upon the successful Tendererrsquos furnishing of the performance security pursuant to paragraph 31 the Authority will promptly notify each unsuccessful Tenderer and will discharge its tender security pursuant to paragraph 212

226 Signing of Contract 2261 At the same time as the Authority notifies the successful tenderer that its tender

has been accepted the Authority will simultaneously inform the other tenderers that their tenders have not been successful

Page 14 of 50

2262 Within seven (7) daysof receipt of the Contract Form the successful tenderer shall sign and date the contract and return it to the Authority

2263 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 227 Performance Security

2271 Within fifteen (15) days of the receipt of notification of award from the

Authority 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 Authority

2272 Failure of the successful tenderer to comply with the requirement of

paragraph 229 or paragraph 2301 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security in which event the Authority may make the award to the next lowest evaluated or call for new tenders

228 Corrupt or Fraudulent Practices

2281 The Procuring entity requires that tenderers observe the highest

standard of ethics during 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

2282 The Authority will reject a proposal for award if it determines that the tenderer

recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question

2283 Further a tenderer who is found to have indulged in corrupt or fraudulent

practices risks being debarred from participating in public procurement in Kenya

Page 15 of 50

Appendix to instructions to tenderers

The following information for procurement of services shall complement or amend the provisions of the instructions to tenderers Wherever there is a conflict between the provisions 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

Clause No Instructions to tenderers Particulars of appendix to

instructions to tenderers

21 Tenderers Eligibility and Qualifications

Only Registered National suppliers are

eligible

24 Clarification of Documents Bidders should send clarification request to tendersafagokeand must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

222 The price to be charged for the tender document shall not exceed Kshs1000= Where the tenderers

download documents from

Agriculture and Food Authority

website or tendersgokethere shall

be no cost

This is an online tender the soft copy to be

downloaded free of charge

223 The Authority shall allow the

tenderer to review the tender

document free of charge before

purchase

Not applicable as this is an online document

241 A prospective candidate making inquiries of the tender document may notify the Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response

(including an explanation of the

query but without identifying the

source of inquiry) will be sent to all

prospective

Bidders should send clarification request to tendersafagoke and must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

Page 16 of 50

tenderers who have received the

tender documentsrdquo

212 Tender Security A bid bond of KES 100000 Must be

submitted with the tender document in the

banksInsurance letter

head

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY

OF TENDERrdquo as appropriate In the

event of any discrepancy between

them the original shall govern

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and

ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall a)be addressed to the Authority at the address given in the invitation to tender b)bear tender number and name in the invitation to tender and the words

ldquoDO NOT OPEN BEFORE(day date

and time of closing)rdquo

2152 The Authority will assume no

responsibility for the tenderrsquos

misplacement or premature opening

Applicable

2153 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 ldquolaterdquo

Applicable

2161 Tenders must be received by the

Procuring entity at the address

specified under paragraph 2152 no

later than (day date and time of

closing)

Tender Submission

DeadlineWednesday14th November2018

at 1130am

Page 17 of 50

2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

Applicable

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent

by email but followed by a signed

confirmation copy postmarked not

later than the deadline for

submission of tenders

Applicable

2202 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

No correction of errors The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction adjustment or amendment in any way by any

224 Award of Contract

The Authority may at its own discretion conduct due diligence on the

Eligible bidders to establish their ability

to perform the contract

The tenderer that will meet all the

evaluation criteria and his TENDER

SUM is the Lowest will be awarded the

tender for the provision of Internet

services for a period of two years

subject to satisfactory performance

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 14: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 14 of 50

2262 Within seven (7) daysof receipt of the Contract Form the successful tenderer shall sign and date the contract and return it to the Authority

2263 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 227 Performance Security

2271 Within fifteen (15) days of the receipt of notification of award from the

Authority 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 Authority

2272 Failure of the successful tenderer to comply with the requirement of

paragraph 229 or paragraph 2301 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security in which event the Authority may make the award to the next lowest evaluated or call for new tenders

228 Corrupt or Fraudulent Practices

2281 The Procuring entity requires that tenderers observe the highest

standard of ethics during 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

2282 The Authority will reject a proposal for award if it determines that the tenderer

recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question

2283 Further a tenderer who is found to have indulged in corrupt or fraudulent

practices risks being debarred from participating in public procurement in Kenya

Page 15 of 50

Appendix to instructions to tenderers

The following information for procurement of services shall complement or amend the provisions of the instructions to tenderers Wherever there is a conflict between the provisions 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

Clause No Instructions to tenderers Particulars of appendix to

instructions to tenderers

21 Tenderers Eligibility and Qualifications

Only Registered National suppliers are

eligible

24 Clarification of Documents Bidders should send clarification request to tendersafagokeand must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

222 The price to be charged for the tender document shall not exceed Kshs1000= Where the tenderers

download documents from

Agriculture and Food Authority

website or tendersgokethere shall

be no cost

This is an online tender the soft copy to be

downloaded free of charge

223 The Authority shall allow the

tenderer to review the tender

document free of charge before

purchase

Not applicable as this is an online document

241 A prospective candidate making inquiries of the tender document may notify the Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response

(including an explanation of the

query but without identifying the

source of inquiry) will be sent to all

prospective

Bidders should send clarification request to tendersafagoke and must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

Page 16 of 50

tenderers who have received the

tender documentsrdquo

212 Tender Security A bid bond of KES 100000 Must be

submitted with the tender document in the

banksInsurance letter

head

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY

OF TENDERrdquo as appropriate In the

event of any discrepancy between

them the original shall govern

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and

ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall a)be addressed to the Authority at the address given in the invitation to tender b)bear tender number and name in the invitation to tender and the words

ldquoDO NOT OPEN BEFORE(day date

and time of closing)rdquo

2152 The Authority will assume no

responsibility for the tenderrsquos

misplacement or premature opening

Applicable

2153 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 ldquolaterdquo

Applicable

2161 Tenders must be received by the

Procuring entity at the address

specified under paragraph 2152 no

later than (day date and time of

closing)

Tender Submission

DeadlineWednesday14th November2018

at 1130am

Page 17 of 50

2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

Applicable

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent

by email but followed by a signed

confirmation copy postmarked not

later than the deadline for

submission of tenders

Applicable

2202 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

No correction of errors The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction adjustment or amendment in any way by any

224 Award of Contract

The Authority may at its own discretion conduct due diligence on the

Eligible bidders to establish their ability

to perform the contract

The tenderer that will meet all the

evaluation criteria and his TENDER

SUM is the Lowest will be awarded the

tender for the provision of Internet

services for a period of two years

subject to satisfactory performance

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 15: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 15 of 50

Appendix to instructions to tenderers

The following information for procurement of services shall complement or amend the provisions of the instructions to tenderers Wherever there is a conflict between the provisions 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

Clause No Instructions to tenderers Particulars of appendix to

instructions to tenderers

21 Tenderers Eligibility and Qualifications

Only Registered National suppliers are

eligible

24 Clarification of Documents Bidders should send clarification request to tendersafagokeand must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

222 The price to be charged for the tender document shall not exceed Kshs1000= Where the tenderers

download documents from

Agriculture and Food Authority

website or tendersgokethere shall

be no cost

This is an online tender the soft copy to be

downloaded free of charge

223 The Authority shall allow the

tenderer to review the tender

document free of charge before

purchase

Not applicable as this is an online document

241 A prospective candidate making inquiries of the tender document may notify the Authority in writing or by email at the entityrsquos address indicated in the Invitation for tenders The Authority will respond in writing to any request for clarification of the tender documents which it receives no later than seven (7) days prior to the deadline for the submission of tenders prescribed by the Authority Written copies of the Procuring entities response

(including an explanation of the

query but without identifying the

source of inquiry) will be sent to all

prospective

Bidders should send clarification request to tendersafagoke and must be received at least 5days prior to tender closure

The employer will upload all the

clarificationsaddendum on the website

Page 16 of 50

tenderers who have received the

tender documentsrdquo

212 Tender Security A bid bond of KES 100000 Must be

submitted with the tender document in the

banksInsurance letter

head

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY

OF TENDERrdquo as appropriate In the

event of any discrepancy between

them the original shall govern

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and

ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall a)be addressed to the Authority at the address given in the invitation to tender b)bear tender number and name in the invitation to tender and the words

ldquoDO NOT OPEN BEFORE(day date

and time of closing)rdquo

2152 The Authority will assume no

responsibility for the tenderrsquos

misplacement or premature opening

Applicable

2153 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 ldquolaterdquo

Applicable

2161 Tenders must be received by the

Procuring entity at the address

specified under paragraph 2152 no

later than (day date and time of

closing)

Tender Submission

DeadlineWednesday14th November2018

at 1130am

Page 17 of 50

2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

Applicable

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent

by email but followed by a signed

confirmation copy postmarked not

later than the deadline for

submission of tenders

Applicable

2202 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

No correction of errors The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction adjustment or amendment in any way by any

224 Award of Contract

The Authority may at its own discretion conduct due diligence on the

Eligible bidders to establish their ability

to perform the contract

The tenderer that will meet all the

evaluation criteria and his TENDER

SUM is the Lowest will be awarded the

tender for the provision of Internet

services for a period of two years

subject to satisfactory performance

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 16: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 16 of 50

tenderers who have received the

tender documentsrdquo

212 Tender Security A bid bond of KES 100000 Must be

submitted with the tender document in the

banksInsurance letter

head

2141 The tenderer shall prepare two copies of the tender clearly marking each

ldquoORIGINAL TENDERrdquo and ldquoCOPY

OF TENDERrdquo as appropriate In the

event of any discrepancy between

them the original shall govern

215 Sealing and Marking of Tenders

2151 The tenderer shall seal the original and each copy of the tender in separate envelopes duly marking the envelopes as ldquoORIGINALrdquo and

ldquoCOPYrdquo The Envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall a)be addressed to the Authority at the address given in the invitation to tender b)bear tender number and name in the invitation to tender and the words

ldquoDO NOT OPEN BEFORE(day date

and time of closing)rdquo

2152 The Authority will assume no

responsibility for the tenderrsquos

misplacement or premature opening

Applicable

2153 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 ldquolaterdquo

Applicable

2161 Tenders must be received by the

Procuring entity at the address

specified under paragraph 2152 no

later than (day date and time of

closing)

Tender Submission

DeadlineWednesday14th November2018

at 1130am

Page 17 of 50

2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

Applicable

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent

by email but followed by a signed

confirmation copy postmarked not

later than the deadline for

submission of tenders

Applicable

2202 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

No correction of errors The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction adjustment or amendment in any way by any

224 Award of Contract

The Authority may at its own discretion conduct due diligence on the

Eligible bidders to establish their ability

to perform the contract

The tenderer that will meet all the

evaluation criteria and his TENDER

SUM is the Lowest will be awarded the

tender for the provision of Internet

services for a period of two years

subject to satisfactory performance

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 17: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 17 of 50

2171 The tenderer may modify or withdraw its tender after the tenderrsquos submission provided that written notice of the modification including substitution or withdrawal of the tenderrsquos is received by the Authority prior to the deadline prescribed for the submission of tenders

Applicable

2172 The Tendererrsquos modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent

by email but followed by a signed

confirmation copy postmarked not

later than the deadline for

submission of tenders

Applicable

2202 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

No correction of errors The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction adjustment or amendment in any way by any

224 Award of Contract

The Authority may at its own discretion conduct due diligence on the

Eligible bidders to establish their ability

to perform the contract

The tenderer that will meet all the

evaluation criteria and his TENDER

SUM is the Lowest will be awarded the

tender for the provision of Internet

services for a period of two years

subject to satisfactory performance

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 18: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 18 of 50

SECTION III GENERAL CONDITIONS OF CONTRACT

31 Definitions

In this contract the following terms shall be interpreted as indicated

a) ldquoThe contractrdquo means the agreement entered into between the Authority 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) ldquoThe Contract Pricerdquo means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

c) ldquoThe servicesrdquo means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the

Authority under the Contract

d) ldquoThe Authorityrdquo means the organization sourcing for the services under this Contract

e) ldquoThe contractor means the individual or firm providing the services under this

Contract

f) ldquoGCCrdquo means general conditions of contract contained in this section g) ldquoSCCrdquo

means the special conditions of contract

h) ldquoDayrdquo means calendar day

32 Application

These General Conditions shall apply to the extent that they are not

superseded by provisions of other part of contract

33 Standards

331 The services provided under this Contract shall conform to the 7 standards

mentioned in the Schedule of requirements

35 Patent Rightrsquos

The tenderer shall indemnify the Authority against all third-party claims of infringement of patent trademark or industrial design tights arising from use of the services under the contract or any part thereof

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 19: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 19 of 50

36 Performance Security

Within fourteen (14) days of receipt of the notification of Contract award the

successful tenderer shall furnish to the Authority the

Performance security where applicable in the amount specified in Special Conditions of Contract

362 The proceeds of the performance security shall be payable to the Authority as

compensation for any loss resulting from the Tendererrsquos failure to complete its

obligations under the Contract

363 The performance security shall be denominated in the currency of the Contract or in

a freely convertible currency acceptable to the Authority and shall be in the form

of

a) A bank guarantee

b) Such insurance guarantee approved by the Public Procurement Oversight Authority

364 The performance security will be discharged by the Authority and returned to the

candidate not later than thirty (30) days following the date of completion of the

tendererrsquos performance of obligations under the contract including any warranty obligations under the contract

37 Inspections and Tests

371 The Authority or its representative shall have the right to inspect andor to test the

services to confirm their conformity to the Contract specifications The Authority

shall notify the tenderer in writing in a timely manner of the identity of any representatives retained for these purposes

372 The inspections and tests may be conducted on the premises of the tenderer or its

subcontractor(s) If conducted on the premises of the tenderer or its

subcontractor(s) all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to

the Authority

373 Should any inspected or tested services fail to conform to the Specifications the

Authority may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Authority

374 Nothing in paragraph 37 shall in any way release the tenderer from any warranty

or other obligations under this Contract

38 Payment

381 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in SCC

39 Prices

Prices charged by the contractor for services performed under the Contract shall not with the exception of any Price adjustments authorized in SCC vary from the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 20: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 20 of 50

prices by the tenderer in its tender or in the Authority 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

310 Assignment

The tenderer shall not assign in whole or in part its obligations to perform under this contract except with the Authority prior written consent

310 Termination for Default

The Authority may without prejudice to any other remedy for breach of Contract by written notice of default sent to the tenderer terminate this Contract in whole

or in part

a) if the tenderer fails to provide any or all of the services within the period(s)

specified in the Contract or within any extension thereof granted by the

Authority

b) if the tenderer fails to perform any other obligation(s) under the Contract

c) if the tenderer in the judgment of the Authority has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract

In the event the Authority 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 undelivered and the tenderer shall be liable to the Authority for

any excess costs for such similar services

312 Termination of insolvency

The Authority may at the anytime terminate the contract by giving written notice

to the contractor if the contractor becomes bankrupt or otherwise insolvent In this event termination will be without compensation to the contractor provided

that such termination will not produce or affect any right of action or remedy

which has accrued or will accrue thereafter to the Authority

313 Termination for convenience

3131 The Authority 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 the Authority convenience the extent to

which performance of the contractor of the contract is terminated and the date on which such termination becomes effective

3132 For the remaining part of the contract after termination the Authority may elect to

cancel the services and pay to the contractor an agreed amount for partially completed

services

314 Resolution of disputes

The Authority and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 21: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 21 of 50

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

315 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

316 Force Majeure

The contractor shall not be liable forforfeiture of its performance security or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

317 Applicable Law

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC

318 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party by E-mail and confirmed in writing to the other partyrsquos address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date whichever is later

319 Taxes

3191 Taxes means all present and future taxes levies duties charges assessments deductions or withholdings whatsoever including any interest thereon and any penalties and fines with respect thereto wherever imposed levied collected or withheld pursuant to any regulation having the force of law and Taxation shall be construed accordingly

3192 Local Taxation

Nothing in the Contract shall relieve the Contractor andor his Sub-Contractors from their responsibility to pay any taxes statutory contributions and levies that may be levied on them in Kenya in respect of the Contract The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes

3193 The Contractor shall be deemed to be familiar with the tax laws in the Employers Country and satisfied themselves with the requirements for all taxes statutory contributions and duties to which they may be subjected during the term of the Contract

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 22: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 22 of 50

3194 In instances where discussions are held between the Employer and the Contractor regarding tax matters this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per 3192 above

Tax Deduction

3195 If the Employer is required to make a tax deduction by Law then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates

3196 Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment In absence of the said evidence the Employer will not process any subsequent payments to the Contractor

Tax Indemnity

3197 The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract whether during the term of the Contract or after its expiry

3198 The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer) an amount equal to the loss liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractorrsquos Tax liability arising from the Contract

3199 Where the amount in 3198 above remains unpaid after the end of the fourteen (14) days moratorium the Employer shall be entitled to compensation for financing

charges

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 23: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 23 of 50

SECTION IV SPECIAL CONDITIONS OF CONTRACT

41 Special conditions of contract (SCC) shall supplement the general conditions of

contract wherever there is a conflict between the GCC and the SCC the provisions

of the SCC herein shall prevail over those in the GCC

42 Special conditions of contract with reference to the general conditions of contract

CLAUSE

NO

GENERAL CONDITIONS OF CONTRACT

REFERENCE

SPECIAL CONDITIONS OF

CONTRACT

381 Payment Terms and Conditions

bull Credit period for overseas suppliers is 60 days

bull Payment shall be effected upon receipt

of certified invoices and confirmation

that the services has been rendered

and accepted as per the contract

39 Prices

Prices shall be fixed during the

Supplierrsquos performance of the Contract and

not subject to variation

314 Resolution of disputes

The Authority and the contractor shall

make every effort to resolve amicably by

direct informal negotiations any

disagreement or dispute arising between

them under or in connection with the

contract

315 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

317 Applicable Law

The contract shall be interpreted in

accordance with the laws of Kenya unless

otherwise specified in the SCC

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 24: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 24 of 50

SECTION V - DESCRIPTION OF SERVICES

SCHEDULE OF REQUIREMENTS

TECHNICAL REQUIREMENTS OF THE SUPPLY INSTALLATION AND COMMISSIONING OF BROADBAND INTERNET WIDE AREA NETWORK INTERNET AND EMAIL SERVICES AND WIFI NETWORK

1 INTRODUCTION

The Agriculture and Food Authority (AFA) is a state corporation established through an Act of Parliament specifically under section 3 of the Agriculture and Food Authority Act of 2013 The Authority is the successor of former regulatory institutions in the sector that were merged into Directorates under the Authority with the commencement of Crops Act 2013 on 1st August 2014 The Directorates are as follows

1) Tea Directorate 2) Sugar Directorate 3) Coffee Directorate 4) Horticultural Crops Directorate 5) Miraa Pyrethrum and other Industrial Crops Directorate 6) Fibre Crops Directorate 7) Nuts and Oil Crops Directorate and 8) Food Crops Directorate These Directorates for all intents and purposes are recognized as part of AFA

2 OBJECTIVE

AFA requires the services of a Consultant to provide internet and email services to the AFA Head office configure and terminate a fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices as well as provide Wi-Fi Access points and Wi-Fi management interfaces for the organization The consultant using the existing infrastructure is also required to facilitate integration IP based voice communication 3 SCOPE OF WORK

The scope of work will include but not limited to the consultant performing the following activities

Conduct a site survey to establish the organizationrsquos requirements

Prepare a proposal for provision of a Fiber Optic link Wide area Network (WAN) Wi-Fi and Broadband internet for the organization

Install and configure fiber optic connection provide and commission a Managed Wide Area Network (WAN) accessible from all AFA Directorates and offices and provide Wi-Fi Access points and Wi-Fi management interfaces for the directorates

Integrate Analogue and IP based voice services based on the existing infrastructure Provide comprehensive onsite user training to selected personnel from the Different

Directorates within the Authority

Develop and document a Maintenance Agreement (Service Level Agreement) for long term maintenance of the system and continuous user training

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

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sta

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ase

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ify

un

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rice

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1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 25: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 25 of 50

Consultant must implement a bidder neutral network structure with redundancy and provide evidence of redundancy

MANDATORY EVALUATION CRITERIA

(Required to proceed to the Technical Evaluation Stage)

No Requirements Indicate page submitted in the tender document

MR 1 Submit 1 (one) Original and 1 (one) copy of the

tender document

MR 2 Bidding documents must be paginatedserialized All bidders are required to submit their documents paginated in a continuous ascending order from the first page to the last in this format (ie 123helliphellip n where n is the last page

MR 3 Submit a copy of companylsquos Certificate of Registration IncorporationBusiness name

MR 4 Provide copy of the companylsquos currentTax Compliance Certificate

MR 5 Submit Valid CR 12 Form

MR 6 Submit valid Business Permit ndashCounty Governments

MR 7 Original Bid Bond of one hundred thousand Kenya

Shillings (KES 100000) and valid for 120 days from

date of tender opening (should be denominated in

Kenya Shillings and in the form of a bank guarantee

issued by a reputable bank located in Kenya or a

guarantee issued by a reputable insurance company

located in Kenya and strictly in the form provided)

or tender security declaration form should be

filled and signed by the special groups to be

submitted Valid AGPO Certificate

MR 8 Duly completed Business Questionnaire

MR 9 Duly completed Tender form signed and Stamped

MR 10 Duly completed Anti-Corruption Declaration must be

signed

MR 11 Tender form duly completed and signed by the

tenderer or his authorized agent

MR 12 Provide proof of Telecommunications Installer licence issued by Communications Authority of Kenya (CAK)

MR 13 Provide site Construction License from by National Construction Authority of Kenya (NCA)

MR 14 Confirm visit of the sites 1-6 to verify site details and

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 26: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 26 of 50

sign site visit register before completing and submitting the tender Attach 6 Site Visit form ndash Stamped and Signed by Authorized Client officer

MR 15 Provide copies of audited accounts for the company for the last two year 2016 amp 2017

MR 16 Submit with tender a bid bond of KES 10000000

MR 17 Provide a warranty and free maintenance for a period of 12 months for new equipment bought for the installation

MR 20 Provide proof of authorization amp Support by the equipment manufacturers to sellservice the product in Kenya A letter of Authorization Tenderer recommendation should be signed by the manufacturer or the authorised dealer

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 27: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 27 of 50

TECHNICAL SPECIFICATIONS

GENERAL

61 These specifications describe the requirements for each of the item as per required specifications Bidders are requested to submit with their offers the detailed specifications brochures catalogues etc for the products they intend to supply for this tender 62 Bidders must indicate on the specificationsrequirements sheets whether they comply with each specified requirement for various sites and equipment 63 All the requirements for connectivity 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 Authority reserves the right to reject the products if such deviations shall be found critical to the use and operation of the products 64 The Bidders are requested to present the following information along with their offers as follows

(I) Shortest possible delivery period of each productservice

(ii) Information on warranty as required (iii)Bidders price schedule must indicate clearly all One Off costs and Recurrent costs

4 KEY REQUIREMENTS FOR CONNECTIVITY

Dedicated Broadband internet service of link 20 Mbps uplink 20 Mbps downlink for the AFA Head Quarters Installation of SIP line IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 15 Mbps uplink 15 Mbps downlink between the AFA Head Quarter and NOCD Branch in Mombasa Installation of IP Voice GSM gateway and Integration with existing analogue telephone

A dedicated loop link 6 Mbps uplink 6 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide branches Installation of IP Voice GSM gateways and Integration with existing analogue telephone

A dedicated loop link 3 Mbps uplink 3 Mbps downlink between the AFA Head Quarter and 4 Branches (4 No) countrywide satellite branches

A dedicated loop link 1 Mbps uplink 1 Mbps downlink between the AFA Head Quarter and Branches (10 No) countrywide branches

The provided bandwidth will be distributed from AFA HQ to all the interlinked branches in a VPN or MPLS based set-up

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 28: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 28 of 50

A web based network monitoring tool MUST be provided with a user friendly GUI with capabilities of bandwidth allocation network monitoring to the node remote LAN access (VPN) sessions content filtering and management of the wireless environment Should have the ability to report any faults giving exact location and identification of the faulty equipment as well as sending notification to the network admin A smart visual display unit of not less than 55rdquo must be supplied with this solution and be mounted in the monitoring room to display real-time utilization of the bandwidth across all branches with drill down capabilities

On security the connectivity must guard against malicious spam or attacks (eg denial of service attacks computer viruses spams and Junk mails) to be perpetrated from any network external to AFA headquarters

Network should be able to support Voice Service integration (both Fixed and GSM Voice) with installation of at least 4 extensions per branch for inter-branch communication

There should be service guarantees in terms of availability and reliability through well designed and protected circuits on the core network

The Service provider should also have well established fault handling procedures allowing for very minimal downtimes to AFA

Service Providerrsquos core and access networks should be backhauled on different networks that are all independently interconnected in a secure data centre thereby ensuring that AFA will be guaranteed of service even in case of a single circuit failing

The network circuits should be protected through the implementation of a ring topology with the use of equipment which provides a scalable architecture that will allow for network expansion and can be used to provide new services such as voice video conferencing internetP2P and VSAT with seamless bandwidth scalability across the technologies In addition the topology should ensure that in the event of any physical damage the circuits can restore to another route without any downtime (self-healing)

The service provider MUST provide connectivity to different international internet gateways that should offer AFA high levels of redundancy to the internet with auto fail over mechanisms

Specified traffic will be secure (ie encrypted by the network using internationally approved encryption techniques and standards) and will be suitable for carrying classified information

All the continuously available services shall be scheduled to be available 365 days a year and 24 hours a day apart from maintenance times which may be scheduled or emergency in nature

A separate draft of Service level Agreement (SLA) should be provided to ensure guarantee of the services

Any terminal equipment supplied as part of this tender both indoor and outdoor necessary to set up the links shall be remain property of the Authority

Dedicated Public IP addresses (24) for the field offices to enable remote administration of servers and the entire network from the AFA headquarters OR suitable Network Address Translation to enable access of shared resources

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 29: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 29 of 50

(servers printers etc) in all the regional offices seamlessly

LOCATIONAND LOCAL LOOP SITES REQUIREMENTS

NO LOCATION AND REQUIREMENTS (SITES)

1

Agriculture and Food Authority Head Office (AFA HQ) Address Dagoretti Corner Naivasha Rd Nairobi Kenya Tea House Naivasha Rd Off Ngong Rd Nairobi httpwwwafagoke Bandwidth ndash 20mbps uplink and 20mbps downlink SIP line and IP Voice GSM gateway Integration with existing analogue telephone

2 Directorate of Nut and Oil Crops (NOCD) Address 6th Floor of NSSF Building on Nkrumah Road Mombasa

Bandwidth ndash 15mbps uplink and 15mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NB Bidder shall provide a point to point connection between NOCD at NSSF Building and HCD Kilindini office as well as Fiber Directorate godown at Kilindini port after determining the lines of sight between the three offices during site survey A stamped and signed site survey certificate must be attached with this proposal

3 Directorate of Sugar (SD) Address Sukari Plaza Upper Kabete Off Waiyaki way Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing Voice System

4 Directorate of Coffee (CD) Address Coffee Plaza Building 10th Floor Haile Selassie Avenue Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

5 Directorate of Horticulture (HCD) Address Nairobi Horticultural Centre Airport Road Opp JKIA Nairobi Kenya Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone NB Existing point to point connection to Airport office must be maintained Bidder shall provide a point to point connection between HCD NHC office and HCD Inland depot office after determining the line of sight between the two offices during site survey A stamped and signed site survey certificate must be attached with this proposal

6 Directorate of Fibre Crops (FCD) Address West Riverside Lane off Riverside Drive

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 30: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 30 of 50

Tel +254 20 3530908 Nairobi

Bandwidth ndash 6mbps uplink and 6mbps downlink IP Voice GSM gateway Integration with existing analogue telephone

NBExisting point to point connection between FCD riverside office and FCD Laboratory at KARLO offices Westlands must be maintained

7 Kisumu Regional Office Al-Imram Building Kisumu

Bandwidth ndash 3mbps uplink and 3mbps downlink

8 Kakamega Regional OfficeAFC Building Kakamega

Bandwidth ndash 3mbps uplink and 3mbps downlink

9 Eldoret Regional Office KVDA plaza Eldoret

Bandwidth ndash 3mbps uplink and 3mbps downlink

10 Nakuru Regional Office Nakuru

Bandwidth ndash 3mbps uplink and 3mbps downlink

11 Kitale Office Kitale Teachers Plaza Kitale

Bandwidth ndash 1mbps uplink and 1mbps downlink

12 Kericho Office Kericho Bandwidth ndash 1mbps uplink and 1mbps downlink

13 Kabarnet Office Teachers Plaza Kabarnet Bandwidth ndash 1mbps uplink and 1mbps downlink

14 Kitui Office Kitui Bandwidth ndash 1mbps uplink and 1mbps downlink

15 Nyeri Office Nyeri

Bandwidth ndash 1mbps uplink and 1mbps downlink

16 Embu Office Embu

Bandwidth ndash 1mbps uplink and 1mbps downlink

17 Busia Office Busia

Bandwidth ndash 1mbps uplink and 1mbps downlink

18 Limuru Depot Office Limuru

Bandwidth ndash 1mbps uplink and 1mbps downlink

19 Mwea Depot Office Mwea

Bandwidth ndash 1mbps uplink and 1mbps downlink

20 Bungoma Office Bungoma teachers plaza Bungoma - Bandwidth ndash 1mbps uplink and 1mbps downlink

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 31: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 31 of 50

BIDDER CAPACITY EVALUATION CRITERIA

Bidderrsquos capabilityCapacity for the Internet Service Provision as follows This category of technical evaluation will be awarded marks out of the possible 100marks for technical evaluation Bidders must score a minimum of 80to proceed to the compliance to technical specifications evaluation

No Criteria Description Weight

1 EXPERIENCE OF THE FIRM

Provide at least four (4) ContractsLSO of provision of Internet Services (Excluding AFA) of similar requirements and capacities in a multi-branch set up(5marks each) 20

Submit Completion certificates from the above four firms (1 Marks each) 4

2 KEY STAFF QUALIFICATIONS

Project Engineer Qualifications ndash Attach detailed CV (3 Marks) Bachelorrsquos Degree in related field- provide Certificate(9 Marks)Diploma in related field- Provide Certificate (5 Marks) PMP Cisco Certifications-Provide Certificates( 5 marks) Six yearsrsquo and above experience in the ISP industry after qualifications in PMP Cisco Certifications -Provide recommendation letters supported by CV(5Marks) Six yearsrsquo and below experience in the ISP industry-Provide recommendation letters supported by CV(3 Marks) 22

Team Member Fibre Engineer Qualifications

Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) DCT fiber installer certificate-Provide Certificates (3 Marks) Five years and Above experience in the ISP industry ndash( 2 Marks) Five years and below experience in the ISP industry ndash after DCT fiber installer Certificate (1 Marks)

12

Team Member Network Security Engineer Qualification Attach detailed CV (2 Marks) 12

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 32: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 32 of 50

Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA CCNP NSE4 NSE5 certifications ndashProvide certificates(3marks) Five yearsrsquo and above experience in the ISP industry(2 marks) below (1 mark)

Voice engineer Qualification Attach detailed CV (2 Marks) Bachelorrsquos Degree in related field- provide Certificate(5 Marks)Diploma in related field- Provide Certificate (3 Marks) CCNA voice Certifications ndashProvide Certificates (3 marks) 3 yearsrsquo experience and abovein Cisco Asterisk and AVAYA VoIP solutions(2Marks) below (1Marks) 12

3 COMMERCIAL EVALUATION

a)Profitability Margin A margin above 30

Profitability Margin = ______EBIT___ Gross RevenueSales EBIT = Earnings before Interest and Taxes 4

b)Current Ratio 21 ndash (5 marks) 11 ndash(3 marks) Less than 11 (0 marks) Current Ratio = Current Assets Current Liabilities 4

c) Annual Turnover of over 100 Million in 2016 and in 2017 -

financial year (25 X 2 Marks ) 4

4 Methodology

Comprehensive description of the 1 WAN architecture 2

Components 3 Network monitor 4 Voice integration 5

Design proposal with 6 Layout diagrams The proposal

MUST also include how the WAN architecture will interlink with

the existing LANs at various sites to gain full marks in each point

(1 marks each) 6

TOTAL Marks 100

PASS MARK 80

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 33: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 33 of 50

COMPLIANCE TO TECHNICAL SPECIFICATIONS EVALUATION CRITERIA

Response to compliance to all Technical Specifications is MANDATORY

Bidders MUST respond to ALL the technical requirements on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE The Technical requirements are as follows

GENERALINTERNET CONNECTIVITY TECHNICAL SPECIFICATIONS These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (Norsquos 1 ndash 19) in writing clearly indicating how they will achievemeet each requirement Responses to compliance to technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

MINIMUM SPECIFICATIONS FOR LINKS 1 TO 6

Bidders Response

1 Each site must have primary and backup link of equal capacity

2 Each link must be dedicated with multiple last mile options for flexibility

3 Each link must be independent of each other with separate backhauls and aggregation points

4 The back-bone for the links should not use the same backbone of the main link

5 The provider must demonstrate the ability to offer 247365 Online amp Onsite Support for each site

6 Wide Area Network must be fully redundant to cover all sites

7 The provider must be able to provide public IP Addresses for each link ndash bidder must provide proof of ownershipThe provider should capture the AS details indicating the public IP ownership and peering details

8 Provision of automatic failover and load balancing between the main link and the Back-up links with real time monitoring

9 Network provider must be able to integrate security features ndash bidder must provide details

10 Any other details as may be required for continuity and best performance of these Links

11 The service provider needs to provide daily weekly and monthly link availability and utilization reports with a portal for access of the graphs Refer to requirements for network monitor

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 34: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 34 of 50

12

The network should be able to support MPLS ndash Bidder must provide supporting evidence to include Traffic Engineering Set path that the traffic will have to take through the network

More specifically each class of traffic data voice and video will be set for individual performance characteristics

Quality of Service Support for network convergence to allow introduction of new services like voice and video

Network Redundancy Rerouting traffic through the next optimum path with a failover time of 50 ms or lesser

Protocol Independent forwarding

13 The Consultant must provide equipment for load balancing and auto-failover

14 The Consultant must provide Service Level Agreement (SLA) with proof of performance

15 Each link must be configured to allow for dynamic bandwidth allocation between primary and backup links

16 Fiber is the preferred medium of connectivity bidders should provide options where fiber is not available

17 Each link must have 99 uptime with proof of measurement tools

18 Where radio technology shall be applied below are the minimum requirements Radio technology for p2p connections - The bullet radios should use the popular mid-band frequencies The high-band model AF5U should be able to operate in the 57 - 62 GHz bands and have robust filtering to enable co-location with devices operating in the lower 5 GHz bands while allowing operation at a higher output power The Radio should comply with FCCIC amp Universal regulations with a factory default of 24 GHz FCCIC RW-2024-AH50 and delivers up to 100 Mbps throughput and up to 8xE1sT1s over an extended range Product Highlights 100 Mbps Ethernet net throughput and 8xE1sT1s Native TDM interfaces Long range - Up to 40 km 25 miles Telco-grade extremely robust in harsh conditions Supports intra-site and inter-site synchronization to maximize capacity Adaptive asymmetric throughput - dynamic allocation between uplink and downlink Advanced OFDM amp MIMO technologies for operation in nLOSNLOS and dense radio environments

19 For the rest of the links from 7 to 20 Bidders must provide

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 35: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 35 of 50

detailed proposals on the set up that they intend to deploy where Wi-Fi routers must be deployed at the sites Bidders must indicate the medium to be used (fiber or radio) as well as provide wireless connectors for equipment that do not have Wi-Fi connectivity

WIFI NETWORK SPECIFICATIONS EVALUATION CRITERIA

The Wi-Fi network shall be based on the following technical specifications Bidders are expected to respond on a clause by clause basis stating clearly how their solution meets the requirements These are mandatory technical requirements and bidders MUST respond to each of them clause by clause (All items) in writing clearly indicating how their solution meets the requirements Responses to compliance to Wi-Fi network technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

Item Requirements Bidders Response

Coverage Deploy a Wi-Fi Network that provides sufficient coverage of the entire organization The biddersrsquo proposal should be guided by the site visit findings Sufficient coverage is described as being able to provide at least downlink signal strength of 75dB and 38dB uplink

Authentication The Wi-Fi network should have a secured captive portal for authentication

IP and VLan Configuration

Controller should have integrated DHCP Server and Multiple DHCP serverpool can be added for different

VLANs (up to 64)

Should support One Management VLAN (with configurable VLAN ID)

Should support 64 VLANS Multiple SSIDs The Wireless Controller must have IP connectivity with the

access points through the management VLAN If the Controller and the APs are on different management VLANs external VLAN routing must allow IP connectivity between the Controller and the APs

Network and Email security

The service should have the Ability to inspect all incoming and outgoing emails to and from the AFA email server (Real-time protection against malware Worms DDoS etc) and block any such emails

Protect against newly observed domain names used as part of an attack

Protect against display name spoofing and reply-to address mismatches

Have a complete administrative control and re reply-to address

Give AFA a complete administrative control of handling emails - ie quarantine discard or mark emails

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 36: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 36 of 50

Application Awareness The service must be able to identify allow block or limit applications regardless of port protocol etc This should provide visibility into unknown amp proprietary application within the organization network

Identity Awareness The solution should Identity awareness for granular control of applications by specific users group of users and machines that the users are using

Centralized Management Administration Logging and Reporting Separate management solution should be available for management logging and reporting This helps organizations in log analysis and policy management Central management should also give you the ability to automate routine tasks reuse elements and employ shortcuts and drill-downs to produce maximum efficiency with minimal effort

Deep Packet Inspection The capability should ensure the various pieces of each packet are thoroughly examined to identify malformed packets errors known attacks and any other anomalies DPI can rapidly identify and then block Trojans viruses spam intrusion attempts and any other violations of normal protocol communications

Integrated IPS The IPS functionality should be present on the solution

Scan for viruses and malware in allowed applications

Remote Access VPN

The service should provide users with secure seamless access to

corporate networks and resources when traveling or working

remotely Privacy and integrity of sensitive information is ensured

through multi-factor authentication endpoint system compliance

scanning and encryption of all transmitted data

Management Fully managed network service Operator responsible for maintaining uptime of greater than 99 Support line for the service

Remote configuration and management through Web browser SNMP or telnet with Command Line Interface (CLI)

SNMP management supports SNMP MIB I MIB II

80211 MIB and proprietary configuration MIB

Roaming Roaming ability on other hotspot locations around Kenya

Technology 80211gn network with 24ghz access

Hardware Gigabit RJ45 Ports LAN Switch 101001000 Flash Memory RAM 8 MB + 2 GB CF1 GB DDR2

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 37: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 37 of 50

USB Port 1 port for USB storage

Backhaul Dedicated backhaul either via separate mesh radio or Ethernet

Security Wi-Fi Protected Access (WPA WPA2)

Wired Equivalent Privacy (WEP) 64-bit 128-bit encryption IEEE 8021x RADIUS authentication with EAP TLS

TTLS PEAP

Wireless access control to identify authorized wireless network devices

MAC address authentication for upto 150 users VPN pass-through support Secure SSH telnet Secure Sockets Layer (SSL) remote management login Client Authentication Protocols

Open WEPWPAWPA2-PSK 80211iWPAWPA2 Enterprise with standard interface to external AAARADIUS Server Should support Distinct AAA Server per SSID Should support RADIUS Accounting Protocol

Should support LDAP-based Authentication Integrated AAA Server Guest Access Integrated captive portal available for client

authentication in a security profile

Password based authentication mode Local user store available receptionist assigned user

namepassword

Open authentication mode Guest auto registration with email address

Extraction of logs of guest activity Captive Portal Configurable portal page including image files Rogue Access Points Rogue AP definition AP with radio SSID observed

by any of the managed APs and seen transmitting on same L2 wired network

Detection and mapping of up to 512 rogue APs

Standards IEEE 80211n draft 20 specification 24 GHz and 50 GHz

IEEE 80211a 50 GHz IEEE 80211g IEEE 80211b 24 GHz

WMM - Wi-Fi Multimedia prioritization Wireless Distribution System IEEE 8023 and Power over Ethernet (PoE) Maximum Throughput 300 Mbps Support up to 8 SSIDs and 64 Users

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 38: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 38 of 50

Staff Wi-Fi

Staff Wi-Fi service set identifier should authenticate from the AFA Active Directory

Guest Wi-Fi

Guest Wi-Fi should be independent (on a DMZ) of AFArsquos Network On request for internet services through guest Wi-Fi the application should be able to direct the guest user to a forced landing page that requires the guest to provide hisher full details which include Full Name E-mail address and mobile phone number to which a temporary authentication credentials will be sent via SMS These credentials will be used by the guest to log into network for a pre-configured amount of time (The provider must give details of hardware software and technical diagram for the solution and reference sites)

NETWORK EQUIPMENT EVALUATION CRITERIA (ROUTER SWITCHES WAP)

(MUST attach brochures of the devices to be supplied)

Bidders are expected to respond to the technical requirements detailed below on a clause by clause basis stating clearly how their solution meets the requirements Responses to compliance to the Network Equipment technical specifications in any other way other than clause by clause will be treated as NON-RESPONSIVE

No Quantity Bidder Response

1 ROUTER (4) (se)

Integrated 101001000 Dual Gigabit Ethernet Ports (expanded to 8 ports)

VoIP Support (Voice enabled)

Modular architecture

Secure Sockets Layer (SSL)

Onboard VPN Encryption Acceleration

Admissions Control (NAC)

Multiprotocol Label Switching (MPLS)

USB eToken Support

AIM-Based Security Acceleration

Intrusion Prevention System (IPS)

Advanced Application Inspection and Control

Integrated Redundant-Power-Supply (RPS) Connector

URL Filtering Web management

Dynamic Multipoint VPN (DMVPN)

Optional Integrated Power Over Ethernet (PoE)

Optional Integrated Universal DC Power Supply

Wire-speed performance for concurrent services such as security and voice and advanced services to multiple T1E1xDSL MPLS rates

Router shall support 19rsquo Rack mountings

Router shall support Upgrade of software through Flash memory

Router shall support on line software reconfiguration to implement changes without rebooting

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 39: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 39 of 50

Router Software Details

TCPIP with support for IP ver 4 and IP Ver 6

ARP RARP ICMP DHCP TFIP and DNS Must have secure IOS

Network address translation (NAT) as per RFC 1631

Support for both TCP and UDP at layer 4 Sub networking

Router shall support Upgrade of software through Flash memory

The Router shall support following IP routing protocols

PPP as per RFC1661 Multi-Link PPP as per RFC 1717 HDLC Frame Relay

The Router shall support following WAN protocols

RIP Version 2 OSPN Version 2 as per RFC-1583 OSPN on Demand as per RFC 1793

Static and dynamic routing BGP Version 4 as per RFC 1771

The Router shall support following quality of service (Qos) FEATURES

Weighted fair queuing (WFQ) IP Precedence ie Priority based on TOS Field of IP ver4

Differentiated Service (Diff Serve) IE Priority based on DS field of the IP ver 4

The Router shall support following WAN optimization features

Load balancing on LAN as well as WAN ports I TCP Header compression

Data compression for both Header and payload to be supported for frame relay and leased WAN links

The Router shall support following security features

Data encryption (minimum 56 Bit DES) Access Lists based on network Address

Access lists based on Network Address Mask protocol type and socket type

Access list violation logging and accounting MD5 Router Authentication as per RFC 1321

2 ROUTER (1 existing Cisco router at HCD)

NB Bidders MUST integrate the routers with the existing analogue telephone system and as well as provide a break up point for VOIP system (Includes providing expansion cards for one router existing at HCD to achieve this)

3 SWITCHES (48 PORT 4pcs) (24PORT 5pcs)

2448 Port 1001000 POE - Active devices used at the LAN edge must

support IP routing and power over Ethernet POE and MUST be stackable using interfaces operating at the backbone speed

X2 SFP Shared Ports Stackable

Non-blocking architecture with at least 88Gbps Switching Fabric

At least 3000MAC support256 Vlans and QOS Support

Active devices for horizontal cabling WILL support auto-sensing 101001000 Mbps and for backbone cabling 10000Mbps

Active devices MUST be rack mountable in standard racks and should attach to the backbone using appropriate Transceivers

Switching with 2 or more active giga Ethernet links at redundancy mode and MUST have an option of providing Layer 3 flow ndash based and VLAN ndash based statistic monitoring

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 40: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 40 of 50

PRICE SCHEDULE

The price should be inclusive of all taxes

Item

Num

ber

Item

Des

crip

tio

n

Qu

anti

ty

Bas

ic U

nit

Pri

ce

excl

usi

ve

of

all

levie

s

Ch

arg

es a

nd

oth

er

levie

sta

xes

Ple

ase

spec

ify

un

it p

rice

incl

usi

ve

of

all

levie

sta

xes

To

tal

pri

ce

incl

usi

ve

of

all

levie

sta

xes

1 Band Width Charges Quarterly charges for Uncompressed pure on clear channel) 200200Mbps Internet Bandwidth (Recurring quarterly Charges)

8

ii Any Other Charges (To be

specified)

2 Local Loop Charges

i One time Installation and Commissioning Configuration Charges

ii Any other charges (To be

specified)ie licenses etc

1

3 Hardware Charges

i Fibre-optic terminal equipment

ii One year shared manufacturersquos

extended support for each of the selected brand of equipment

LOT

TOTAL COST inclusive of taxes

(to be carried to the form of tender)

Delivery period (Weeks)

Signature and stamp of Bidder _______________ Date

Signature and stamp of Bidder _______________ Date

All the fibre optic backbone links WILL be aggregated at the MDF by a common active device

Capability for IT Monitoring IT Service Desk IT Asset Management and IP Traffic Analysis

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 41: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 41 of 50

SECTION VI STANDARD FORMS

FORM OF TENDER

Date Tender No To

[name and address of Authority] Gentlemen andor Ladies

1 Having examined the tender documents including Addenda

Nos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [insert numbers]the receipt of which is hereby duly

acknowledged we the undersigned offer to provide the services ( helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (insert service description) in conformity with the said

tender documents for the sum of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip (total tender amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Tender

2 We undertake if our Tender is accepted to provide the services in accordance with the

service delivery schedule specified in the Schedule of Requirements

3 If our Tender is accepted we will obtain the guarantee of a bank in a sum of equivalent

to percent of the Contract Price for the due performance of the

Contract in the form prescribed by helliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip( Authority)

4 We agree to abide by this Tender for a period of helliphellip [number] days from the date fixed

for tender opening of the Instructions to tenderers and it shall remain binding upon us

and may be accepted at any time before the expiration of that period

5 This Tender together with your written acceptance thereof and your notification of

award shall constitute a Contract between us subject to signing of the Contract by the

parties

6 We understand that you are not bound to accept the lowest or any tender you may

receive

Dated this day of 20

[signature] [in the capacity of]

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 42: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 42 of 50

Duly authorized to sign tender for an on behalf of

CONTRACT FORM

THIS AGREEMENT made the day of 20 betweenhelliphelliphelliphellip[name of

procurement

entity] of helliphelliphelliphelliphelliphellip[country of Procurement entity](hereinafter called ldquothe Employerrdquo)

of the one part and helliphelliphelliphelliphelliphelliphelliphellip[name of tenderer] of helliphelliphellip[city and country of tenderer](hereinafter called ldquothe Supplierrdquo) of the other part

WHEREAS the procuring entity invited tenders for certain

Services

Vizhelliphelliphelliphelliphelliphelliphelliphellip[brief description of services] and has accepted a tender by the tenderer for the provision of those services in the sum of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1 In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

a) The tender form and price schedule submitted by the tenderer

b) The schedule of requirements

c) The technical specifications

d) The General Conditions of Contract

e) The Special Conditions of Contract and

f) The AuthorityNotification of award and the bidders acceptance

3 In consideration of the payments to be made by the Authority to the tenderer as

hereinafter mentioned the tenderer hereby covenants with the Authority to provide

the materials and spares and to remedy defects therein in conformity in all respects

with the provisions of the Contract

4 The Authority hereby covenants to pay the tenderer in consideration of the provision

of the materials and spares 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

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 43: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

Page 43 of 50

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 by the (for the Authority) Signed by the

(for the tenderer)

in the presence of

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

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In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 44: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

44

CONFIDENTIAL BUSINESS QUESTIONNAIRE

Name of Applicant(s)

You are requested to give the particulars in Part 1 and either Part 2 (a) 2 (b) or 2 (c)

whichever applies to your type of business Part 2 (d) to part 2 (i j) must be filled You

are advised that giving wrong or false information on this Form will lead to automatic

disqualificationtermination of your business proposal at your cost

Part 1 ndash General Business NamehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipCertificate of Incorporation Registration No helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipLocation of business premises

Country helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPhysical address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Town

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipBuildinghelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

FloorhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPlot No

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Street Road helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipPostal Address helliphelliphelliphelliphelliphelliphelliphelliphellip

Postal Country CodehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipTelephone Norsquoshelliphelliphelliphelliphelliphelliphelliphellip

Fax Norsquos helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipE-mail address helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Website

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Contact Person (Full Names) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Direct Mobile Norsquoshelliphelliphelliphelliphelliphellip

Title helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Power of Attorney (Yes No)

If yes attach written document

Nature of Business (Indicate whether manufacturer distributor etc) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Applicable to Local suppliers only)

Local Authority Trading License No helliphelliphelliphelliphelliphelliphelliphellip Expiry Date helliphelliphelliphelliphelliphelliphelliphelliphellip

Value Added Tax

Nohelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Value of the largest single assignment you have undertaken to date (US DKShs) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Was this successfully undertaken Yes No helliphelliphelliphelliphelliphelliphelliphelliphelliphellip(If Yes attach

reference)

Name (s) of your banker (s)

Branches helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Tel Norsquos

Part 2 (a) ndash Sole Proprietor (if applicable) Full names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 45: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

45

Nationalityhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Country of Originhelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public company)

Part 2 (b) ndash Partnerships (if applicable) Give details of partners as follows

Full Names Nationality Citizenship Details Shares

1

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

2

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures)

Part 2 (c) ndash Registered Company (if applicable - as per the CR12 form) Private or public helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Company Profile helliphelliphelliphelliphelliphelliphelliphelliphellip (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company

Nominal KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Issued KShs helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

List of top ten (10) shareholders and distribution of shareholding in the company Give

details of all directors as follows-

Full Names Nationality Citizenship Details Shares

1helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphellip

2helliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphellip

Part 2 (d) ndash Debarment IWe declare that IWe have not been debarred from any procurement process and shall not engage in any fraudulent corrupt coercive and obstructive acts with regard to this or

any other tender by the AGRICULTURE AND FOOD AUTHORITY and any other public or

private institutions

Full Names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 46: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

46

Duly authorized to sign Tender for and on behalf of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (e) ndash Bankruptcy Insolvency receivership IWe declare that IWe have not been declared bankrupt or insolvent by the competent Authorities in Kenya and neither are we under receivership

Full Names helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Signature helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Duly authorized to sign Tender for and on behalf ofhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (f) ndash Criminal Offence IWe (Name (s) of Director (s))-

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Have not been convicted of any criminal offence relating to professional conduct or the

making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of

procurement proceedings

Signed helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (g) ndash Conflict of Interest IWe the undersigned state that I We have no conflict of interest in relation to this

procurement

a) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

b) helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Part 2 (h) ndash Interest in the Firm

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 47: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

47

Is there any personpersons in AGRICULTURE AND FOOD AUTHORITY or any other public

institution who has interest in the Firm YesNo helliphelliphelliphelliphelliphelliphelliphelliphellip (Delete as necessary) Institution helliphelliphelliphelliphelliphelliphelliphelliphelliphellip

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphellip

(Title) (Signature) (Date) Part 2(j or k) ndash Declaration I We the undersigned state and declare that the above information is correct and that I

We give AGRICULTURE AND FOOD AUTHORITY authority to seek any other references

concerning my our company from whatever sources deemed relevant eg Office of the Registrar of Companies Bankers etc

Full names

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

hellip

Signaturehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

For and on behalf of Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

In the capacity of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellipday of helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip2018

Suppliersrsquo Companyrsquos Official Rubber Stamp

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 48: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

48

ANTI ndash CORRUPTION POLICY IN THE PROCUREMENT PROCESS

UNDERTAKING BY BIDDER ON ANTI ndash CORRUPTION POLICY CODE

OF CONDUCT AND COMPLIANCE PROGRAMME

The governments of Kenya is committed to fighting corruption in all its forms and

in all its institutions to ensure that all the government earned revenues are

utilized prudently and for the purpose intended with a view to promoting

economic development as the country work towards actualizing Vision 2030

The following is a requirement that every Bidder wishing to do business

with AFA must comply with

(1) Each bidder must submit a statement as part of the tender

documents in the format given and which must be signed personally by

the Interim Director General or other appropriate senior corporate officer

of the bidding company and where relevant of its subsidiary in Kenya

If a tender is submitted by a subsidiary a statement to this effect will

also be required of the parent company signed by its Interim Director

General or other appropriate senior corporate officer

(2) Bidders will also be required to submit similar No-bribery

commitments from their subcontractors and consortium partners the

bidder may cover the subcontractors and consortium partners in its own

statement provided the bidder assumes full responsibility

(3) a) Payment to agents and other third parties shall be limited to

appropriate compensation for legitimate services

b) Each bidder will make full disclosure in the tender documentation of

the beneficiaries and amounts of all payments made or intended to be

made to agents or other third parties (including political parties or

electoral candidates) relating to the tender and if successful the

implementation of the contract

c) The successful bidder will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the

execution of the contract

d) Within six months of the completion of the performance of the

contract the successful bidder will formally certify that no bribes or other

illicit commissions have been paid The final accounting shall include brief

details of the goods and services provided that are sufficient to establish

the legitimacy of the payments made

e) Statements required according to subparagraphs (b) and (d) of this

paragraph will have to be certified by the companys Chief Executive

Officer or other appropriate senior corporate officer

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 49: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

49

(4) Tenders which do not conform to these requirements shall not be

considered

(5) If the successful bidder fails to comply with its No-bribery

commitment significant sanctions will apply The sanctions may include

all or any of the following

a) Cancellation of the contract

b) Liability for damages to the public authority andor the

unsuccessful competitors in the bidding possibly in the form of a

lump sum representing a pre-set percentage of the contract value

(liquidated)

(6) Bidders shall make available as part of their tender copies

of their anti-Bribery PolicyCode of Conduct if any and of their-

general or project - specific - Compliance Program

(7) The Government of Kenya through Kenya Anti-Corruption

Commission has made special arrangements for adequate oversight of

the procurement process and the execution of the contract Those

charged with the oversight responsibility will have full access if need be

to all documentation submitted by Bidders for this contract and to which

in turn all Bidders and other parties involved or affected by the project

shall have full access (provided however that no proprietary information

concerning a bidder may be disclosed to another bidder or to the public)

Authorized Signature

Name and Title of Signatory

Name of Bidder

Address

PERFORMANCE SECURITY FORM

(To be on the Banks Letterhead)

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

Page 50: Tender Document for Internet Services · the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the

50

To[name of the Authority]

WHEREAShelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip[name of tenderer]

(Hereinafter called ldquothe tendererrdquo) has undertaken in pursuance of Contract

No [Reference number of the contract] dated 20 to

supplyhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

[Description services](Hereinafter called ldquothe contractrdquo)

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 Tendererrsquos performance obligations in

accordance with the Contract

AND WHEREAS we have agreed to give the tenderer a guarantee

NOW THEREFORE WE hereby affirm that we are Guarantors and responsible to you

on behalf of the tenderer up to a total of

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip [amount of the guarantee in words and figures] 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

helliphelliphelliphelliphelliphelliphelliphelliphellip

[amount of guarantee] as aforesaid without your 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 ------------------------------

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)