technically evaluated by the Tender Evaluation Committee for lenders'
conformity with the tender document and shall be ranked on the basis of its technical qualities.
(2)
The technical evaluation shall include the assessment of the technical capacity of the tenderer to perform. and shall be made on-
(a)
the basis of information submitted in the tender on the professional experience of the tenderer. including the experts proposed and the technical means to be used by the tenderer to execute the contract;
(b)
the criteria detailed in the tender document, and the particular relevance for works and services contracts;
(c)
in the case of supply tenders, on the compliance of the supplies with the technical specifications, including an evaluation of the tender's proposals for the after sales service, if the tender document requires such proposals; and
(d)
the price offered by the tenderers.
(3)
Where the tender document provides for a system of ranking of the tenders on their technical qualities, the tenders shall be ranked according to the number of points they obtained, following the method specified in the tender documents.
Financial • 15. Financial evaluation shall ensure that the tenderer's Evaluation of Tenders. financial quotations are fully comparable to the quality of services or supply required to give the best value for money.
Technical 16. The Tender Evaluation Committee may consult the assistance in evaluation. Central Tender Board or a line Ministry for technical assistance considering the complexity and size of procurement or seek technical assistance by a consultant for the evaluation of a tender or for the preparation of a tender document.
VI. (1) The Tender Evaluation Committee shall consist of ?ndcr the following Committee.
(a)
the Under Secretary/Director of Finance and Administration;
(b)
the Head of department which requires the tender; (c) Chief Legislative Counsel;
(d)
Principal Accountant.
(2)
The Tender Evaluation Committee shall produce a report to the Tender Board for consideration and final decision which report shall include-
(a)
an explanation and background to and the scope of the contract;
(b)
a description of the pre-qualification criteria;
(c)
criteria used in the technical evaluation;
(d)
the sensitivity analysis undertaker or reasons for not undertaking any;
(e)
summary of its recommendation;
(f)
reasons for rejecting unsuccessful bids;
(g)
the cost implications of the recommended bid;
(h)
a comparison of the pre-tender estimates, if any, and confirmation that funds are available;
(i)
confirmation that the tenderer satisfied the quality threshold at the interview stage, if applicable.
•» _ • ' * . .I*.'.*'* • t Award of 'r 18." (1) The Tender Board shall award the contract to a contracts. tenderer- (n) whose tender is found to be responsive to the tender document subject to the exception under these regulations; (b) who for works and supply contract has offered the most advantageous tender as assessed on the basis of- (i) the price, the operating and maintenance costs; (ii) the qualifications of, and the guarantees offered by the tenderer, as well as the technical qualities of the tender; or (iii) the nature of, the conditions and the time limits for performing the contract; (iv) the quality of the works or supplies: (c) who for a service contract offers the most advantageous tender taking into account the price, the technical value of the tender, the organisation and the methodology proposed for the provision of the service, as well as the competence, independence and availability of the personnel proposed.
(2)
The successful tenderer shall be notified of the intention of the Commission to accent their offer and thereafter the unsuccessful tenderers'shall be notified of the decline of their offers.
Standard 19. (1) A standard contract shall be approved by the ccntrac:. Commission and may be modified to suit any given contract as mav* be necessarv. * <2) A standard contract shall include among others-
<a) names and addresses of the successful tenderer;
(b)
a list of contract material, including separate documents and annexes covered by the contract; (c) definitions of terms used in the contract;
(d)
country of origin of the tenderer and obligations to follow the rules for procurement of supplies and services as specified under these Regulations; (e) technical specifications; (f) variations that may be made to the contract: (g) property in plant and materials; ' (h) conditions and modalities for payments; (i) conditions for revision of prices of the contract; (j) performance guarantee; (k) warranties;
(I)
termination in breach of contract and what constitutes breach of contract;
(m)
termination for insolvency;
(o)
insurance arrangement;
(q)
resolution of disputes;
(r)
tax and custom arrangement.
(3)
The technical specifications referred to under paragraph (e) of sub-rule (2) shall be prepared by the relevant Head of Department and shall be detailed and accurate to facilitate a satisfactory implementation of the contract and shall contain the following information:
(a)
the contract price, including a breakdown of units and unit price in the case of works and supplies; (b) terms of reference in the case of services; (c) required standards and quality; (d) commencement and completion dates, and (e) conditions for delivery, including time limits, place, removal from construction site, and other requirements.
Day-to-day 20. The Head of Department or a specialist technician monitoring appointed by the Commission shall be responsible for the of contract. monitoring of the day-to-day operations of the contract and where necessary consult with the Director of Finance and Administration.
Delegation 21. (1) The Tender Board may delegate its powers to the Board by the Board. of Management or a head of department, as indicated below- (a) for any procurement not exceeding one million shillings, to a head of department; and (b) for any procurement above one million but not exceeding ten million shillings, to the Board of Management. (2) Any procurement exceeding ten million shillings shall be handled by the Tender Board.
Local 22. Subject to Regulation 21 all procurements shall require Purchase orders. local purchase orders.
Application 23. For any issue or matter that is not provided for under of Tender Board Act. these regulations, the law governing Central Tender Board may apply with such modifications and adjustments as may be necessary for the proper functioning of the Board. Clerk to Parliament/SeCretan of the Commission.
Speaker to Parliament/Chairperson of the Commission.
