KENYA TOURISM BOARD (KTB) OPEN INTERNATIONAL TENDER … · 2019-09-09 · Page 4 of 70 TRAVEL...

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KENYA TOURISM BOARD (KTB)

OPEN INTERNATIONAL TENDER

TENDER FOR THE DESIGN AND CONSTRUCTION OF JOINT EXHIBITION STAND (KENYA-RWANDA-UGANDA) FOR:

1. WORLD TRAVEL MARKET (WTM) 2016 (UK) 2. INTERNATIONAL TOURIMUS BÖRSE (ITB) 2017 (GERMANY)

TENDER NO. KTB/T/001/2016-2017

CLOSING DATE: 7TH SEPTEMBER, 2016 AT 12.00 NOON KENYAN TIME Kenya Tourism Board P.O. Box 30630 – 00100, Nairobi, Kenya Tel: (020) 2711 262/2749 000 Website: www.ktb.go.ke/www.magicalkenya.com

http://www.ktb.go.ke/www.magicalkenya.com

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TABLE OF CONTENTS

PAGE

INTRODUCTION………………………………….……………………………………………

SECTION I INVITATION TO TENDER………………………....….………….. 3

SECTION II BACKGROUND AND PRELIMINARY INFORMATION.. 5

SECTION III INSTRUCTIONS TO TENDERERS……………….................. 6 Appendix to Instructions to Tenderers…….…………………... 16 SECTION IV TECHNICAL PROPOSAL……….………………………………….. 22

4.1 REQUEST FOR PROPOSAL………………………………….. 22

4.2 CONDITIONS OF CONTRACT……………………………… 34

4.3 SPECIFICATIONS……………………………………………….. 35

4.4 STANDARD FORMS……………………………………………. 49

SECTION V FINANCIAL PROPOSAL………….………………..……………….. 68

APPENDIX FLOOR PLAN……………………………………………………………. 71

LOGO & COLOUR RWANDA‟S STAND……………………….. 71

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SECTION I: INVITATION TO TENDER Tender Reference: KTB/T/001/2016-2017 Tender name: DESIGN AND CONSTRUCTION OF JOINT EXHIBITION STAND (KENYA-RWANDA-UGANDA) FOR WORLD TRAVEL MARKET (WTM) 2016 UNITED KINGDOM AND INTERNATIONALE TOURISMUS BÖRSE (ITB) 2017 GERMANY Background As part of the Northern Corridor Integration Projects (NCIP), the member states Kenya, Rwanda and Uganda are to carry out joint tourism marketing activities. One of these platforms is through exhibitions and travel trade fairs. The three countries have therefore reached an agreement to have a joint pavilion at World Travel Market in London and ITB in Berlin and are looking to source for a suitable, qualified and cost effective supplier to bid for the design and construction of the Joint Stand. Kenya Tourism Board (KTB) is a body corporate established as a State Corporation under the Legal Notice No. 14 and is now enshrined in the Tourism Act No. 28 of 2011 and is charged with the statutory mandate of promoting and marketing Kenya as a tourist destination locally and internationally. KTB, on behalf of Northern Corridor Partner States wishes to identify a firm with the relevant experience, resources, expertise and networks to submit exhibit design for International Tourismus-Börse (ITB) and World Travel Market (WTM) for KTB‟s consideration. The exhibit designs should be designed to accommodate modular variations mostly driven by different space configurations at different exhibitions. The exhibits must retain unique design and image at all targeted exhibitions and trade fairs irrespective of whether it‟s a custom design. The detailed scope of service and TORs are provided in the bid document. A complete set of tender documents in English may be obtained by interested candidates from the procurement department, upon a payment of a non-refundable fee of Kenya Shillings 1,000.00 or an easily convertible Forex currency per set of documents payable at the cashier‟s office on 7th floor either in cash or Bankers cheque, Kenya Tourism Board headquarters, Kenya Re Towers, Upper Hill, off Ragati Road, during working hours, i.e. Monday to Friday between 8.00 a.m. – 1.00 p.m. and 2.00 p.m. - 5.00 p.m. w.e.f 17th August, 2016 The tender documents can also be viewed/obtained/downloaded from our website ktb.go.ke and www.magicalkenya.com/tenders and Government tender portal website www.supplier.treasury.go.ke free of charge. Bidders who download the tender document from these websites must forward their particulars immediately for record purposes and any further tender clarifications and addenda to [email protected] Completed tender documents should be sealed in plain envelopes clearly marked: TENDER FOR THE DESIGN AND CONSTRUCTION OF JOINT EXHIBITION STAND (KENYA-RWANDA-UGANDA) FOR WORLD

http://www.magicalkenya.com/

http://www.supplier.treasury.go.ke/

mailto:[email protected]

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TRAVEL MARKET 2016 (UK) AND INTERNATIONALE TOURISMUS BÖRSE (ITB) 2017 GERMANY – KTB/T/001/2016-2017 addressed to: Chief Executive Officer

Kenya Tourism Board P.O. Box 30630-00100 Nairobi, Kenya Tel. +254 020 2711262

Should be deposited in the Tender Box located on 7th Floor, Kenya Re Towers, Upper Hill, Off Ragati Road, Nairobi on or before 12.00 noon on 7th September, 2016. The tenders will be opened immediately thereafter in the Board Room on the 8th Floor in the presence of bidders who may choose to attend. All bids must be accompanied by a Bid security of 2% tender sum

Electronic submissions and late submissions shall NOT be accepted.

Ag. CHIEF EXECUTIVE OFFICER

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SECTION II - BACKGROUND AND PRELIMINARY INFORMATION I. INTRODUCTION

Kenya Tourism Board (KTB) is a body corporate established as a State Corporation under the Legal Notice No. 14 and is now enshrined in the Tourism Act No. 28 of 2011 and is charged with the statutory mandate of promoting and marketing Kenya as a tourist destination locally and internationally. As part of its marketing strategy, KTB participates in several tourism exhibitions and trade fairs in select markets in Europe, Asia, Middle East, Africa and Americas. KTB participates together with exhibitors from the travel industry representing tour operators, hoteliers and other stakeholders in the travel industry in Kenya. In a few instances KTB takes up “destination exhibits” which do not feature private sector participation. KTB plans and executes an events program involving acquisition of space at these events and the design and construction of exhibits to create a platform for the Kenyan trade and other players within the Tourism Industry to exhibit. As part of the Northern Corridor Integration Projects (NCIP), the member states Kenya, Rwanda and Uganda carry out joint tourism marketing activities. One of these platforms is through exhibitions and travel trade fairs. The three countries have therefore reached an agreement to have a joint pavilion at World Travel Markets in London and ITB in Berlin and are looking to source for a suitable, qualified and cost effective supplier to bid for the design and construction of their exhibits. Built on one platform, the stand should have one overall harmony in concept with an overriding theme while considering the diverse requirements of the 3 member states. The joint pavilion is required to have each countries demarcated area with aisles in between to ease flow of traffic and accessibility all-round the exhibit. Joint areas of branding include the joint platform base and the overhead banner that should be large covering the entire area of the pavilion and should feature generic branding from the 3 countries and the “joint brand” Borderless borders” II. Purpose/Objectives KTB wishes to identify an international company with the relevant experience, resources, expertise, networks and reputation to prepare and submit exhibit designs for; World Travel Market (WTM) London and ITB Berlin for KTB‟s consideration. The exhibit will be contracted over an agreed period of time after which the stand designer/builder will be required to dispose of all exhibit components at their own cost upon expiry of contract. The exhibit must be designed to accommodate modular variations mostly driven by different space configurations at different exhibitions. For a consistent brand identity, the exhibits must maintain a unique design and identity at all targeted exhibitions and trade fairs where Kenya participates. The main purpose of these exhibits is to: • Provide avenues for dissemination of information and creation of awareness through

one on one interaction, graphics, interactive media and audiovisual equipment. • Provide a platform for conducting meetings, media interviews, product launches,

trade and media networking sessions, product showcases, performance and animations.

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• Develop new networks, grow and nurture existing relationships, learn about new trends in tourism, technology and capture trade and consumer feedback.

The Objectives is:

To create a platform to facilitate business transactions for KTB and suppliers from Kenya (Kenyan Trade) during targeted exhibitions and trade fairs

To communicate to the target audience through having a strong destination brand presence and identity from the stand design and captivating graphics.

SECTION III - INSTRUCTIONS TO TENDERERS A GENERAL 1.1 Definitions

(a) “Tenderer means any person or persons, partnership or company submitting a tender for the project acting directly or through a legally appointed representative.

(b) “Accepted tenderer” means the tenderer who is approved by the procuring entity

(c) “ Procuring entity” means Kenya Tourism Board 1.2 Eligibility and qualification of tenders 1.2.1 To be eligible and qualified the tenderer shall provide evidence satisfactory to

KTB of its eligibility, capability and adequacy of resources to effectively perform the subject contract. To this end, the tenderer shall be required to submit a “technical proposal” which will include the following information.

(a) Details of experience and past performance of works of similar nature and

details of any current work on hand. (b) The qualifications and experience of key personnel proposed for

administration and execution of the contract both on and off site. (c) Details of subcontractors to whom it is proposed to sub-contract any portion of

the contract and for whom authority will be required for such subcontracting in accordance with the conditions of contract (provide names and contacts of sub-contractors)

(d) Details of any current litigation or arbitration proceedings in which the tenderer is involved as one of the parties.

(e) Financial capability including financial reports for the last two years i.e. 2013 and 2014.

1.2.2 Joint Venture Tenders submitted by a joint venture of two or more firms as partners shall

comply with the following requirements:

(a) The tender and in case of a successful tender, contract form shall be signed so as to be legally binding on all partners

(b) One of the partners shall be nominated as being lead contractor, and this authorization signed by legally authorized signatories of all the partners.

(c) The lead contractor shall be authorized to incur liability and receive instructions for and on behalf of any and all the partners of the joint venture and the entire execution of the contract including payment shall be done

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exclusively with the lead contractor (d) All partners of the joint venture shall be liable jointly and severally for the

execution of the contract in accordance with the contract terms, and a relevant statement to this effect shall be included in the authorization mentioned in (b) above as well as in the form of tender and the contract form (in case of the accepted tender).

(e) A copy of the contract entered into by the joint venture partners shall be submitted with the tender.

1.2.3 The KTB employees, committee members, board members and their relatives

(spouse and children) are not eligible to participate in the tender.

1.2.4 A tenderer who gives false information in the tender document about its qualification or who refuses to enter into a contract after notification of award shall be considered for debarment from participating in future public procurement.

2. Cost of Tendering

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

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

2.2 The price to be charged for the tender document is Ksh. 1,000.00

2.3 The procuring entity shall allow the tenderer to view the tender document free of

charge before purchase.

B TENDER DOCUMENTS 3. Contents of Tender documents

3.1 The tender documents comprise the documents listed here below and should be

read together with any addenda issued in accordance with clause 7 of these instructions to tenderers.

The tender documents consist of two parts:-

SECTION IV - TECHNICAL PROPOSAL consists of:

(a) Conditions of contract (b) Appendix to conditions of contract (c) Specifications (d) Standard forms

SECTION V - FINANCIAL PROPOSAL consists of:

(a) Form of tender (b) Appendix to form of tender (c) Contract form (d) Preliminaries (e) Main summary page (f) Annextures

3.2 The Tenderer is expected to examine all instructions, forms, terms, and

specifications in the tender documents. Failure to furnish all information required

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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.

3.3 All recipients of documents for the proposed contract for the purpose of submitting a tender (whether they submit a tender or not) shall treat the details of the documents as “private and confidential”

3.4 The procuring entity shall allow the tenderer to review the tender document free of charge

3.5 The price to be charged for the tender document is Kshs. 1,000.00 3.6 A tenderer requiring any clarification of the tender document may notify KTB in

writing to [email protected] or by post at the address indicated in the Invitation to Tender. KTB will respond in writing to any request for clarification of the tender documents, which it receives not later than seven (7) days prior to the deadline for the submission of tenders, prescribed by KTB. Written copies of KTB‟s response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective tenderers that have received the tender document.

3.7 KTB 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.

4. Amendment of Documents

4.1 At any time prior to the deadline for submission of tenders, KTB, 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 amendment.

4.2 All prospective candidates that have received the tender documents will be

notified of the amendment in writing or by post and will be binding on them.

4.3 In order to allow prospective tenderers reasonable time in which to take the Addendum into account in preparing their tenders, KTB may, at its discretion, extend the deadline for the submission of tenders.

PREPARATION OF TENDERS 5. Language of Tender

5.1 The tender prepared by the tenderer, as well as all correspondence and

documents relating to the tender exchange by the tenderer and KTB, shall be written in English language, provided that any printed literature furnished by the tenderer may be written in another language provided they are accompanied by an accurate English translation of the relevant passages in which case, for purposes of interpretation of the tender, the English translation shall govern.

6. Documents Comprising of Tender

6.1 The Forms and Schedules submitted with the tender documents shall be used

without exception (subject to extensions of the schedules in the same format and to the provisions of clause 9.3 regarding the alternative forms of tender security.

mailto:[email protected]

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7. Tender Prices 7.1 All the insertions made by the tenderers shall be made in ink or typed and the

tenderer shall clearly form the figures. The relevant space in the form of tender shall be completed accordingly without interlineations or erasures except those necessary to correct errors made by the tenderer in which case the erasures and interlineations shall be initialed by the person or persons signing the tender.

7.2 A price or rate shall be inserted by the tenderer for every item whether the quantities are stated or not items against which no rate or price when executed and shall be deemed covered by the rates for other items and prices inserted. The prices and unit rate are to be the full (all inclusive) value of the work described under the items, including all costs and expenses which may be necessary and all general risks, liabilities and obligations set forth or implied in the documents on which the tender is based. All duties and taxes and other levies payable by the tenderer under the contract or for any other cause prior to the deadline for the total tender prices submitted by the tenderer. Each price or unit rate entered whether or not such rate inserted should be a realistic estimate for completing the activity or activities described under that particular item and the tenderer is advised against inserting a price or ate against any item contrary to these instructions. Every rate entered whether or not such rate be associated with quantity, shall form part of the contract. KTB shall have the right to call for any item of work indicated, and as such items of work to be paid for at the rate entered by the tenderer and it is the intention of KTB to take full advantage of unbalanced low rates.

7.3 The rates and prices quoted by the tenderer are subject to adjustment during the performance of the contract only in accordance with the provisions of the conditions of contract. The tenderer shall complete the schedule of basic rates and shall submit with his tender such other supporting information as required of the conditions of contract.

7.4 Where the quantity contract variation is allowed, the variation shall not exceed

20% of the original contract price. Any variation of a contract shall only be considered after twelve months from the date of signing the contract.

7.5 Price variation requests shall be processed by KTB within 30 days of receiving the

request. 8. Currencies of Tender and Payment

8.1 Tenders shall be priced in Kenya Shillings or an easily convertible forex currency

and the tender sum shall be in Kenya Shillings or an easily convertible forex currency.

8.2 Tenderers are required to indicate in the statement of foreign currency requirements, which forms part of the tender, the foreign currency required by them. Such currency should generally be the currency of the country of the tenderers main office. However, if a substantial portion of tenderer‟s expenditure under the Contract is expected to be in a currency other than his country of origin, then the tenderer may state a corresponding portion of the contract price in the currency of those other countries. However, the foreign currency element is to be

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limited to two (2) different currencies and a maximum of 30% (thirty percent) of the contract price.

9. Tender Security/Bid Bond

9.1 The tenderer shall be required to furnish, a tender security of 2% of tender

sum.

9.2 The tender security shall be valid for at least thirty (30) days beyond the tender validity period.

9.3 The tender security shall be sealed together with the technical proposal. It shall not be in the financial proposal.

9.4 Any tender not accompanied by an acceptable tender security will be rejected by KTB as non-responsive.

9.5 The tender securities of unsuccessful tenderers will be returned as promptly as

possible but as later than twenty eight (28) days after concluding the contract execution and after a performance security has been furnished by the successful tenderer. The tender security of the successful tenderer will be returned upon the tenderer executing the contract and furnishing the required performance security.

9.6 The rate or rates of exchange used for pricing the tender shall be selling rate or

rates of the Central Bank ruling on the date thirty (30) days before the final date

of the submission of tenders.

9.7 Tenderers must enclose with their tenders, a brief justification of the foreign

currency requirements stated in their tenders.

9.8 The tender security may be forfeited:

(a) If a tenderer withdraws his tender during the period of tender validity; or

(b) In the case of a successful tenderer, if he fails

(i) To sign the agreement, or

(ii) To furnish the necessary performance security

(c) If a tenderer does not accept the correction of his tender price pursuant to

clause 20

10. Validity of Tenders

10.1 Tenders shall remain valid and open for acceptance for a period of ninety (90)

days from the specified date of tender opening or from the extended date of tender opening whichever is later.

10.2 In exceptional circumstances, prior to expiry of the original tender validity period, KTB may request the tenderer for a specified extension of the period of validity. The request and the responses thereto shall be in writing or by cable, telex or facsimile. A tenderer agreeing to the request will not be required nor permitted to modify his tender, but will be required to extend the validity of his tender surety correspondingly.

11. No Alternative Offers 11.1 The tenderer shall submit an offer which complies fully with the requirements of

the tender documents unless otherwise provided for in the appendix. Only one

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tender may be submitted by each tenderer either by himself or as a partner in a joint venture.

11.2 The tenderer shall not attach any conditions of his own to his tender. The tender price must be based on the tender documents. The tenderer is not required to present alternative construction options and he shall use without exception the prices as provided, with the amendments as notified in tender notices, if any, for the calculation of his tender price. Any tenderer who fails to comply with this clause will be disqualified.

12. Pre-tender Meeting

12.1 We shall not have a pre-tender meeting for this particular tender. 13. Format and Signing of Tender

13.1 The bidder‟s proposal shall be written in English language.

13.2 All pages of each proposal submitted shall be serialized and well

bound 13.3 The tenderer shall prepare and submit two copies of the tender, clearly marking

each “ORIGINAL” and “COPY” as appropriate. In the event of any discrepancy between them, the original shall govern.

13.4 The original and copy 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. Written power-of-attorney accompanying the tender shall indicate the latter‟s authorization. The person or persons signing the tender shall initial all pages of the tender, except for unamended printed literature.

13.5 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.

14. Sealing and Marking of Tenders 14.1 The Tenderer shall seal the TECHNICAL PROPOSAL and FINANCIAL

PROPOSAL in separate envelopes, duly marking the envelopes as “ORIGINAL” and “COPY” The envelopes shall then be sealed in an outer envelope.

14.2 The inner and outer envelopes shall:

Be addressed to KTB at the address given in the Invitation to Tender: Bear, tender number and name in the Invitation for Tenders and the words:

“DO NOT OPEN BEFORE, 7th September, 2016 AT 12.00 NOON”

The inner envelopes shall also indicate the name and address of the tenderer to enable the tender to be returned unopened in case it is declared “late”.

14.3 If the outer envelope is not sealed and marked as required as per above

instructions, KTB will assume no responsibility for the tender‟s misplacement or premature opening.

15. Deadline for Submission of Tenders

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15.1 Tenderers must be received by KTB at the address specified in invitation to tender

notice and on 7th September, 2016 at 12.00 noon.

15.2 Tenderers delivered by hand must be placed in the tender box provided in the office of the procuring entity (KTB).

15.3 Proof of posting will not be accepted as proof of delivery and any tender delivered

after the above stipulated time, from whatever cause arising will not be considered.

15.4 Bulky tenders which cannot be placed in the tender box will be received by KTB as

indicated in the appendix to instructions to tenders. 15.5 Any tender received by KTB after the prescribed deadline for submission of

tenders will be returned unopened to the tenderer.

16. Modification and Withdrawal of Tenders

16.1 The tenderer may modify or withdraw its tender after the tender‟s submission,

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

16.2 The Tenderer‟s modification or withdrawal notice shall be prepared, sealed,

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

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

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

of tenders and the expiration of the period of tender validity specified by the

tenderer on the Tender Form. Withdrawal of a tender during this interval may

result in the Tenderer‟s forfeiture of its tender security.

16.5 The procuring entity may at any time terminate procurement proceedings before

contract award and shall not be liable to any person for the termination. 16.6 KTB shall give prompt notice of the termination to the tenderers and on request

give its reasons for termination within 14 days of receiving the request from any tenderer.

TENDER OPENING AND EVALUATION

17. Opening of Tenders 17.1 KTB will open all tenders in the presence of tenderers‟ representatives who choose

to attend on 7th September, 2016 at 12.00 noon and in the location specified in the Invitation to Tender. The tenderers‟ representatives who are presence shall sign a register evidencing their attendance.

17.2 The tenderer‟s names, tender modifications or withdrawals, tender prices,

discounts and the presence or absence of requisite tender security and such other

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details as KTB, at its discretion, may consider appropriate, will be announced at the opening.

17.3 KTB will prepare minutes of the tender opening including the information disclosed to those present.

17.4 Tenders not opened and read out at tender opening shall not be considered further for evaluation, irrespective of the circumstances. Any tender received after the deadline for submission of tender shall be returned to the tenderer unopened.

18. Process to be Confidential

18.1 After the public opening of tenders, information relating to the examination,

clarification, evaluation and comparison of tenders and recommendations concerning the award of contract shall not be disclosed to tenders or other persons not officially concerned with such process until the award of contract is announced.

18.2 Any effort by a tenderer to influence KTB in the process of examination, evaluation and comparison of tenders and decisions concerning award of contract may result in the rejection of the tenderer‟s tender.

19. Clarification of Tenders

19.1 To assist in the examination, evaluation and comparison of tenders KTB may, at

its discretion, ask the tenderer for a clarification of its tender. The request for clarification and the response shall be in writing, and no change in the prices or substance of the tender shall be sought, offered, or permitted.

19.2 No tender shall contact KTB on any matter relating to his tender from the time of the tender opening to the time the contract is awarded. If the tenderer wishes to bring additional information to the notice of KTB, he shall do so in writing.

20. Determination of Responsiveness

20.1 Prior to the detailed evaluation of tenders, KTB will determine whether each

tender is substantially responsive to the requirements of the tender documents.

20.2 For the purpose of this clause, a substantially responsive tender is one which conforms to all terms, conditions and specification of the tender document without material deviation or reservation. A material deviation or reservation is one which affects in any substantial way the scope, qualification, completion timing or administration of the works to be undertaken by the tenderer under the contract, or which limits in any substantial way inconsistent with the tender documents, KTB‟s rights or the tenderers obligations under the contract and the rectification of which would affect unfairly the competitive position of other tenderers who have presented substantially responsive tenders.

20.3 Each price or unit rate inserted shall be realistic estimate of the cost of completing

the works described under the particular item including allowance for overheads, profits and the like. Should a tender be seriously unbalanced in relation to KTB‟s estimate of the works to be performed under any item or groups of items, the tender shall be deemed not responsive.

20.4 A tender determined to be not substantially responsive will be rejected by KTB

and may not be made responsive by the tenderer by correction of the non-conforming deviation or reservation.

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21. Correction of Errors

21.1 Tenders determined to be substantially responsive shall be checked by KTB for any arithmetic errors in the computations and summations. Errors will be corrected by KT as follows:

(a) Where there is a discrepancy between the amount in figures and the

amount in words, the amount in words will govern. (b) Where there is a discrepancy between the unit rate and the line item total

resulting from multiplying the unit rate by the quantity, the unit rate as quoted will prevail, unless in the opinion of KTB, there is an obvious typographical error, in which case adjustment will be made to the entry containing that error.

(c) The amount stated in the tender will be adjusted in accordance with the above procedure for the correction of errors and, with concurrence of the tenderer. If the tenderer does not accept the corrected amount, the tender may be rejected and the Tender Security may be forfeited in accordance with clause 9

22. Conversion to Single Currency 22.1 For comparison of tenders, the tender price shall be broken down into the

respective amounts payable in various currencies by using the selling rates of the Central Bank of Kenya ruling on the date twenty one (21) days before the final date for the submission of tenders.

23. Evaluation and Comparison of Tenders

23.1 KTB will evaluate and compare the tenders which have been determined to be

substantially responsive, pursuant to paragraph 20

23.2 The tender evaluation committee shall evaluate the tender within 30 days of the validity period from the date of opening the tender.

23.3 In evaluating the tenders, KTB will determine for each tender the evaluated tender price by adjusting the tender price as follows: (a) Making any correction for errors pursuant to clause 21

(b) Excluding provisional sums and provision, if any, for contingencies, but

including day works where priced competitively. 23.4 KTB reserves the right to accept any variation, deviation or alternative offers and

other factors which are in excess of the requirements of the tender documents or otherwise result in the accrual of unsolicited benefits to KTB, shall not be taken into account in tender evaluation.

23.5 Price adjustment provisions in the conditions of contract applied over the period of execution of the contract shall not be taken into account in tender evaluation.

23.6 If the lowest evaluated tender is seriously unbalanced or front loaded in relation to KTB‟s estimate of the items of work to be preferred under the contract, KTB may require the tenderer to produce detailed price analysis for any or all items, to demonstrate the relationship between those prices, proposed construction methods and schedules. After evaluation of the price analysis, KTB may require

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that the amount of the performance security set forth in clause 26 be increased at the expense of the successful tenderer to a level sufficient to protect KTB against loss in the event of subsequent default of the successful tenderer under the contract.

23.7 Firms incorporated in Kenya where indigenous Kenyan‟s own 51% or more of the

share capital shall be allowed a 20% preferential bias provided that they do not sub-contract work valued at more than 50% of the contract price excluding provisional sums to a non-indigenous sub-contract.

23.8 KTB may at any time terminate procurement proceedings before award and shall

not be liable to any person for the termination. 23.9 KTB shall give prompt notice of the termination to tenderers and on request give

its reasons for termination within 14 days of receiving the request from any tenderer.

23.10 Persons not officially involved in the evaluation of tender shall not attempt in any

way to influence the evaluation.

23.11 Any person who has a conflict of interest with respect to the procurement shall not in any way participate in the procurement proceedings.

24. Award of Contract

24.1 Award

24.1.1 KTB will award the contract to the successful tenderer(s) whose tender has

been determined to be substantially responsive and has offered the lowest evaluated tender price, provided further that the tenderer is determined to be qualified to perform the contract satisfactorily.

24.1.2 KTB 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 KTB‟s action.

24.1.3 The contract will be signed for a one year term for WTM and ITB with

provision for extension for the 2nd & 3rd year based on performance

24.2 Notification of Award

24.2.1 Prior to the expiration of the period of tender validity, KTB will notify the

successful tenderer in writing that its tender has been accepted.

24.2.2 The notification of award will constitute the formation of the Contract but will have to wait until both parties finally sign the contract.

24.2.3 Upon the successful Tenderer‟s furnishing of the performance security, KTB

will promptly notify each unsuccessful Tenderer and will discharge its tender security.

24.3 Signing of Contract

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24.3.1 At the same time as KTB notifies the successful tenderer that its tender has been accepted, KTB will send the tenderer the Contract Form provided in the tender documents, incorporating all agreements between the parties.

24.3.2 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.

24.3.3 Within thirty (30) days of receipt of the Contract Form, the successful tenderer

shall sign and date the contract and return it to KTB.

25. Performance Security

25.1 Within twenty eight (28) days of the receipt of notification of award from KTB,

the successful tenderer shall furnish the Performance Security in an amount stated in the appendix to instructions to tenderers.

25.2 The performance security to be provided by the successful tenderer shall be an unconditional bank guarantee issued at the tenderer‟s option by an established and a reputable bank approved by KTB and located in the Republic of Kenya and shall be divided into two.

26. Advance Payment

26.1 An advance payment is approved by KTB shall be made under the contract in

accordance with the conditions of contract.

27. Corrupt or Fraudulent Practices

27.1 KTB requires that tenderers observe the highest standard of ethics during the

procurement process and execution of contracts when used in the present regulations, the following terms are defined as follows;

“Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution; and “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of KTB, and includes collusive practice among tenderer (prior to or after tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive the Procuring entity of the benefits of free and open competition;

27.2 KTB 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.

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

practices risks being debarred from participating in public procurement in Kenya.

APPENDIX TO INSTRUCTIONS TO TENDERERS

1. The tender is an open international tender and all firms that meet the

minimum requirements are eligible.

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2. The tender document is available at KTB‟s procurement office and website, and

government tender portal 3. The tender document is sold at Kshs. 1,000.00 per set 4. The bid bond or tender security is 2% of tender sum 5. The performance bond will be required after the award of the tender only to

the qualified bidder. 6. Clarification and any other communication regarding the tender must be in

writing to the email address indicated in clause 3.6. 7. The tender must be valid for at least 90 days from the day of tender closing.

SECTION III - GENERAL CONDITIONS OF CONTRACT

3.1 Definitions 3.1.1 In this Contract, the following terms shall be interpreted as indicated:-

(a) “The Contract” means the agreement entered into between KTB and the tenderer, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

(b) “The Contract Price” means the price payable to the tenderer under the Contract for the full and proper performance of its contractual obligations

(c) “The Goods” means all of the equipment, machinery, and/or other materials, which the tenderer is required to supply to KTB under the Contract.

(d) “The Procuring entity” means the organization purchasing the goods, works or services under this Contract i.e. Kenya Tourism Board.

(e) “The Tenderer‟ means the individual or firm supplying the goods, works or services under this Contract.

3.2 Application

3.2.1 These General Conditions shall apply in all Contracts made by the Procuring

entity for the procurement installation and commissioning of

Equipment

3.3 Country of Origin

3.3.1 For purposes of this clause, “Origin” means the place where the goods were

mined, grown or produced.

3.3.2 The origin of goods and services is distinct from the nationality of the tenderer

3.4 Standards 3.4.1 The goods supplied under this Contract shall conform to the standards

mentioned in the Technical Specifications.

3.5 Use of Contract Documents and Information

3.5.1 The tenderer shall not, without KTB‟s prior written consent, disclose the

Contract, or any provision therefore, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of KTB in connection therewith, to any person other than a person employed by the tenderer in the performance of the Contract.

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3.5.2 The tenderer shall not, without KTB‟s prior written consent, make use of any

document or information enumerated in paragraph 3.5.1 above Any document, other than the Contract itself, enumerated in paragraph 3.5.1 shall remain the property of KTB and shall be returned (all copies) to KTB on completion of the Tenderer‟s performance under the Contract if so required by KTB

3.6 Patent Rights

3.6.1 The tenderer shall indemnify KTB against all third-party claims of

infringement of patent, trademark, or industrial design rights arising from use of the goods or any part thereof in Kenya.

3.7 Performance Security

3.7.1 Within twenty eight (28) days of receipt of the notification of Contract award,

the successful tenderer shall furnish to KTB the performance security in the amount specified in Special Conditions of Contract.

3.7.2 The proceeds of the performance security shall be payable to KTB as compensation for any loss resulting from the Tenderer‟s failure to complete its obligations under the Contract.

3.7.3 The performance security shall be denominated in the currency of the Contract, or in a freely convertible currency acceptable to KTB and shall be in the form of a Bank Guarantee or an irrevocable letter of credit issued by a reputable bank located in Kenya or abroad, acceptable to KTB, in the form provided in the tender documents.

3.7.4 The performance security will be discharged by KTB and returned to the

Candidate not later than thirty (30) days following the date of completion of the Tenderer‟s performance obligations under the Contract, including any warranty obligations, under the Contract

3.8 Inspection and Tests

3.8.1 KTB or its representative shall have the right to inspect and/or to test the

goods to confirm their conformity to the Contract specifications. KTB shall notify the tenderer in writing in a timely manner, of the identity of any representatives retained for these purposes.

3.8.2 The inspections and tests may be conducted in the premises of the tenderer or its subcontractor(s), at point of delivery, and/or at the goods‟ final destination. 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 KTB.

3.8.3 Should any inspected or tested goods fail to conform to the Specifications, KTB may reject the equipment, and the tenderer shall either replace the rejected equipment or make alternations necessary to make specification requirements free of costs to KTB.

3.8.4 KTB‟s right to inspect, test and where necessary, reject the goods after the

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goods‟ arrival shall in no way be limited or waived by reason of the equipment having previously been inspected, tested and passed by KTB or its representative prior to the equipment delivery.

3.8.5 Nothing in paragraph 3.8 shall in any way release the tenderer from any warranty or other obligations under this Contract.

3.9 Packing

3.9.1 The tenderer shall provide such packing of the Goods as is required to prevent

their damage or deterioration during transit to their final destination, as indicated in the Contract.

3.9.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract

3.10 Delivery and Documents

3.10.1 Delivery of the goods shall be made by the tenderer in accordance with the

terms specified by KTB in its Schedule of Requirements and the Special Conditions of Contract

3.11 Insurance

3.11.1 The Goods supplied under the Contract shall be fully insured against loss or

damage incidental to manufacturer or acquisition, transportation, storage, and delivery in the manner specified in the Special conditions of contract.

3.12 Payment

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

Contract shall be specified in Special Conditions of Contract 3.12.2 Payments shall be made promptly by KTB as specified in the contract 3.13 Prices

3.13.1 Prices charged by the tenderer for goods delivered and services performed

under the Contract shall not, with the exception of any price adjustments authorized in Special Conditions of Contract, vary from the prices by the tenderer in its tender.

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

3.13.3 Where contract price variation is allowed, the variation shall not exceed 20%

of the original contract price.

3.13.4 KTB shall process price variation request within 30 days of receiving the

request. 3.14. Assignment

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3.14.1 The tenderer shall not assign, in whole or in part, its obligations to perform under this Contract, except with KTB‟s prior written consent.

3.15 Subcontracts

3.15.1 The tenderer shall notify KTB in writing of all subcontracts awarded under this Contract if not already specified in the tender. Such notification, in the original tender or later, shall not relieve the tenderer from any liability or obligation under the Contract

3.16 Termination for Default

3.16.1 KTB 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 deliver any or all of the goods within the periods specified in the Contract, or within any extension thereof granted by KTB.

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

(c) If the tenderer, in the judgment of KTB has engaged in corrupt or fraudulent practices in competing for or in executing the Contract

3.16.2 In the event KTB terminates the Contract in whole or in part, it may procure,

upon such terms and in such manner, as it deems appropriate, equipment similar to those undelivered, and the tenderer shall be liable to KTB for any excess costs for such similar goods.

3.17 Liquidated Damages

3.17.1 If the tenderer fails to deliver any or all of the goods within the period(s)

specified in the contract, KTB shall, without prejudice to its other remedies under the contract, deduct from the contract prices liquidated damages sum equivalent to 0.5% of the delivered price of the delayed items up to a maximum deduction of 10% of the delayed goods. After this the tenderer may consider termination of the contract.

3.18 Resolution of Disputes

3.18.1 The procuring entity and the tenderer shall make every effort to resolve

amicably by direct informal negotiation and disagreement or dispute arising between them under or in connection with the contract

3.18.2 If, after thirty (30) days from the commencement of such informal negotiations both parties have been unable to resolve amicably a contract dispute, either party may require adjudication in an agreed national or international forum, and/or international arbitration.

3.19 Language and Law 3.19.1 The language of the contract and the law governing the contract shall be

English language and the Laws of Kenya respectively unless otherwise stated.

3.20 Force Majeure

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3.20.1 The tenderer shall not be liable for forfeiture of its performance security or

termination for default if and to the extent that it‟s delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.

SPECIAL CONDITIONS OF CONTRACT

4.1. Special Conditions of Contract shall supplement the General Conditions of

Contract. Whenever there is a conflict, between the GCC and the SCC, the provisions of the SCC herein shall prevail over these in the GCC.

4.2. Special conditions of contract as relates to the GCC

REFERENCE OF GCC SPECIAL CONDITIONS CONTRACT

3.7.1 Performance Security Bond 1%

3.12.1 Payments Within 30 days after service delivery, and receipt of invoice

3.18.1 Dispute Resolution

Bilateral negotiations or legal proceedings Procurement under Public Administrative Review Board

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SECTION IV - TECHNICAL PROPOSAL Submission of Bids The Tenderer must submit a one-envelope bid in the following format:

Technical: - Comprising the following documents

Tender Notice Invitation for Tender

Mandatory requirements

Tender security/bid bond of 2% tender sum (attach a copy of receipt/bank transfer/bank guarantee/insurance guarantee etc)

Evidence of payment of tender fees – attach copy of receipt (payment is made only if hard copy is physically collected from procurement department)

Technical proposal Financial: - Comprising of the following:

The tender price should be inclusive of all the construction, transportation and all other services incurred on the stand during the exhibitions like electricity, cleaning, water, and internet. The boards will not be engaged in ordering these services separately. The stand builder should apportion/split related cost of stand construction and services to each country based on the bill of quantities used in putting up the exhibit. Each member country will be responsible for remitting their payments to the stand construction company

MANDATORY TENDER REQUIREMENTS

The tenderer must provide the following information and/or copies of the following documents:

NO. ITEM DESCRIPTION YES NO

1. Copy of Certificate of incorporation (in original countries where headquarters are located)

2. Demonstrate previous relevant experience in design and construction of exhibits in at least 3 world-class events, and provide at least 3 recommendation letters from leading tourism exhibition organizers.

3. Demonstrate ability to undertake the projects under this tender by way of submitting profit & loss accounts or audited accounts f0r 2013 & 2014 duly certified

4. Valid tender security/bid bond of 2% of tender sum in form of a bank guarantee from a reputable bank/ insurance company/bank transfer/copy of receipt

Failure to submit any of the mandatory documents/requirements above will lead to automatic disqualification.

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TECHNICAL EVALUATION

The following criteria will be used in the evaluation of all potential bidders Technical feature Maximum

score Evaluator score

Remarks

Overall design impression

20

The stand must possess a captivating modern visual impression and a good visual balance of all elements comprising the stand.

Impact & uniqueness 10 Attention getting, different from other destinations & character

Premium, quality 4 Premium, quality look (colour) and feel Good balance 6 Good balance between items that require

prominence versus secondary & basic background essentials.

Interpretation of brief, creativity & originality

40

Original and creative concepts. Clear description of applied technology (ies) & material required.

Originality, on strategy & going beyond the basics

14 Interprets the brief in an original way; demonstrates understanding of Kenya strategy; going beyond stand construction to meet our needs

Clarity of applied technology & structures

06 Clear demonstration/ description of materials & technologies being applied to effectiveness of stand in achieving objectives.

Interpretation of fusion between modernity & the perception of Kenya by consumers as a “Bush & Beach” holiday destination.

20 Extent of the success in terms of blending modern design trends & the Kenya tourism product (s) that have a competitive appeal in the market.

Branding & graphics application

20

Impact based on size and positioning of graphics, choice of fonts, application of logo, backlighting and all signage on the stand including the eye-catcher banner design.

Impact of branding based on positioning & application of destination logo on key features i.e. eye-catcher banner, reception area etc

10 Does the branding balance the rest of the stand design? Does branding immediately speak of Kenya? Does stand have a well designed eye-catcher banner appropriately located that is in harmony in terms of design with the overall stand design?

Size & scale 6 Are the key elements on the stand in proportion with other features on the stand? i.e. font size & wall heights etc

Signage & typeface design 4 Exhibitor signage. Typeface or font design. Legibility and well location. Creative use of

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Technical feature Maximum score

Evaluator score

Remarks

signage for information purposes. Layout of stand features to facilitate business environment

20

Organization & positioning of all physical features including; reception area, delegates stations, audio-visual equipment, with a view to providing a professional business environment for exhibitors and clients.

Provision of required number of stations for exhibitors. Reception or information point. Storage, refreshments station & furniture type.

14 Make provision for (required) exhibitor stations. Refreshments station, adequate storage, matching furniture, proper lighting, potted plants, brochure displays and waste bins.

Positioning of stations & utility areas for visibility, access and economy of space utilization

6 Positioning of stations and other features to allow accessibility & visibility to all exhibitors. Adequate room to navigate around the stand & a reception area.

TOTAL SCORE 100

Technical evaluation will constitute 80% of total score, while cost evaluation will account for 20% of the total score. The minimum score in the Technical evaluation is a score of 70 out of 100. Any bidder scoring 70% and below at the technical level will not qualify for the next evaluation stage, where the financial bids are opened up.

DESIGN REQUIRMENTS - TERMS OF REFERENCE

Project title Exhibit Design and Construction for WTM 2016 & ITB 2017 I. Background/Introduction

As part of the Northern Corridor Integration Projects (NCIP), the member states Kenya, Rwanda and Uganda carry out joint tourism marketing activities. One of these platforms is through exhibitions and travel trade fairs. The three countries have therefore reached an agreement to have a joint pavilion at World Travel Markets in London and ITB in Berlin and are looking to source for a suitable, qualified and cost effective supplier to bid for the design and construction of their exhibits. Built on one platform, the stand should have one overall harmony in concept with an overriding theme while considering the diverse requirements of the 3 member states. The joint pavilion is required to have each countries demarcated area with aisles in between to ease flow of traffic and accessibility all-round the exhibit.

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Joint areas of branding include the joint platform base and the overhead banner that should be large covering the entire area of the pavilion and should feature generic branding from the 3 countries and the “joint brand” Borderless borders”

II. Guidelines on quotation and billing

The quotation should be inclusive of all the construction, transportation and all other services incurred on the stand during the exhibitions like electricity, cleaning, water, and internet. The boards will not be engaged in ordering these services separately. The stand builder should apportion/split related cost of stand construction and services to each country based on the bill of quantities used in putting up the exhibit. Each member country will be responsible for remitting their payments to the stand construction company. Please note the contract will be signed for a one year term for WTM and ITB with provision for extension for the 2nd & 3rd year based on performance. i) KENYA TOURISM BOARD Kenya Tourist Board (KTB) is a body corporate established as a State Corporation under the State Corporations Act and is charged with the statutory mandate of marketing Kenya as a tourist destination locally and internationally. As part of its marketing strategy, KTB participates in several tourism exhibitions and trade fairs in select markets in Europe, Asia, Middle East, Africa and Americas. KTB participates together with exhibitors from the travel industry representing tour operators, hoteliers and other stakeholders in the travel industry in Kenya. In a few instances KTB takes up “destination exhibits” which do not feature private sector participation. KTB plans and executes an events program involving acquisition of space at these events and the design and construction of exhibits to create a platform for the Kenyan trade and other players within the Tourism Industry to exhibit. Kenya is popular as a leading Safari destination, and mostly evokes images of a savannah country dotted with enchanting luxury tents and lodges and game parks teeming with an abundance of wildlife, stunning scenery and beautiful, friendly people and beautiful white sandy beaches. The word „Safari‟ in the past often referred to overland expeditions to observe and photograph wildlife especially in the East Africa region by tourist but has been redefined in Kenya to cover other activities like trips to the beach, adventure, hiking and sight-seeing. In Kenya we therefore have beach safaris, wildlife safaris, balloon safaris, walking safaris, dhow safaris, helicopter safaris, hiking safaris and many others which bore the tagline „a different safari everyday‟. Over the years the stand design has shifted from different themes, The Maasai Village, The Safari Camp, and the Safari Village all heavily anchored on the in the traditional and cultural element and bush product with rustic results. The new direction would want to take into cognizance the rapid development and fast changing face of the destination with modernity in many sectors including tourism. 1. Distinction between Magical Kenya and KTB There is a clear distinction between Kenya Tourism Board, (KTB) as a corporate entity and the destination brand (Magical Kenya). The KTB corporate brand is NOT used on the exhibits.

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Magical Kenya is the destination brand identity and should assume a more prominent visibility on the exhibit designs and branding. 2. Purpose

KTB wishes to identify an international company with the relevant experience, resources, expertise, networks and reputation to prepare and submit exhibit designs for; World Travel Market (WTM) London and ITB Berlin for KTB‟s consideration. The exhibit will be contracted over an agreed period of time after which the stand designer/builder will be required to dispose of all exhibit components at their own cost upon expiry of contract. The exhibit must be designed to accommodate modular variations mostly driven by different space configurations at different exhibitions. For a consistent brand identity, the exhibits must maintain a unique design and identity at all targeted exhibitions and trade fairs where Kenya participates. The main purpose of these exhibits is to: • Provide avenues for dissemination of information and creation of awareness through one

on one interaction, graphics, interactive media and audiovisual equipment. • Provide a platform for conducting meetings, media interviews, product launches, trade

and media networking sessions, product showcases, performance and animations. • Develop new networks, grow and nurture existing relationships, learn about new trends

in tourism, technology and capture trade and consumer feedback. 3. Objectives

a) To create a platform to facilitate business transactions for KTB and suppliers from Kenya

(Kenyan Trade) during targeted exhibitions and trade fairs

b) To communicate to the target audience through having a strong destination brand presence and identity from the stand design and captivating graphics.

4. Target audience

The primary targets at these trade fairs are international trade visitors from the travel industry. These include; tour operators, travel agents and product managers who are mostly at a decision making level in their respective firms who are able to either make or influence decision making. Other professionals from related industries i.e. IT, communications and transport also attend. Consumers are the target in consumer exhibitions. Note should be taken of that fact that most trade fairs feature a hybrid arrangement where there are a specific number of days dedicated to the trade visitors and a few days for consumers. Students are sometimes allowed to participate. 5. Unique Selling Proposition for Kenya

Kenya offers an unparalleled authentic safari experience that depicts nature as it was meant to be and a coral reef protected coastline teaming with underwater life, white sandy beaches and a history packed coast with a rich mosaic of cultures. Other are the world renowned wildebeest migration, the breathtaking views of the Great Rift Valley, a warm and friendly people from 42 different tribes and distinct cultures,

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6. Exhibit design as strategy

The new exhibit should showcase the diversity of Kenya‟s tourist attractions with a focus on the core USPs of Safari and Beach, diverse cultures and adventure. The authentic safari experience is widely considered as Kenya‟s USP. 7. Integration with other ongoing marketing activities Exhibitions‟ is one of the marketing tools used by KTB. The new exhibit will be expected to reinforce other ongoing marketing activities in the marketplace. These include; print and electronic, outdoor and online advertising and media campaigns. Tag lines and call to action messaging and other graphics will change from time to time during the contract period in line with the marketing campaigns and will require printing of new graphics during the life time of the contract. DESIGN GUIDELINES 1. Proposed theme: The Ultimate Safari Experience The word safari has evolved from expedition to represent tourism in Kenya encompassing, beach safaris, wildlife safaris, balloon safaris, walking safaris, dhow safaris, helicopter safaris, hiking safaris, adventure safaris etc. Prospects are required to conduct their own research on the destination and interpret the above theme and fuse the rustic attributes of a Kenya as a destination into a modern design. 2. The look and feel of the Exhibit

The exhibit should be custom-designed, feature outstanding aesthetics and be a true reflection of Kenya with respect to its most outstanding tourism product(s). The stand design should be a modern minimalist design blended with rustic elements. Should be simple and clean with restrictive walls kept to a bare minimum. The design should be open and airy with a splash of solid colours aligned to the Magical Kenya brand or product to make it vibrant. (The Kenyan flag has red, green, white and black. Care should be taken not to make it look like Christmas decoration) 3. Colour schemes Must be subtle, earth tones, wooden colours, with highlights of red or contrasts with black and white. Combination of colours used must be in harmony. A fusion of Kenya‟s rich cultural elements (50%) and a touch of a modern (50%) should be the guiding design principle. To achieve this; there may be need for use of local decorative items synonymous with Kenya and which must be of very high quality. The exhibit should also bring out the spirit of the country as represented by its friendly and welcoming people, some of whom have retained their rich cultural traditions for years on end. Reception and hospitality areas like bars must be well designed and welcoming. Use of environment-friendly materials for construction will be an important consideration. Use

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of organic and /or recyclable material is particularly encouraged. Kenya is a pioneer in sustainable tourism. Creative space scheduling to allow ease of movement and well thought through ergonomic design in terms of furniture and space relationships also important. Captivating large format graphics will showcase Kenyan tourism products preferably backlit images. Images and print ready art-works will be availed by KTB according to schedule of graphic requirements provided by the designer. 4. Exhibit requirements (design and technical)

a) The total number of exhibitors or personnel on stands/exhibits will vary depending on the show. However, on the largest stands (WTM; 312 SQM and ITB; 265 SQM accommodate approximately 80-130 persons and 40-50 exhibiting firms on 30-34 tables.

b) This would reduce to about 6-20 companies each with a table of their own in medium

size events, and less than 10 exhibitors on the smallest exhibits ranging between 30-60 SQM.

c) The types of space upon which the exhibits are built vary in different events. However,

KTB usually secures island-type space at WTM and ITB.

d) The flow of visitors into exhibition halls should influence the location or orientation of the exhibit‟s information/reception counters and eye-catcher banners for maximum visibility. The reception areas should be approach-friendly, and designed to take four personnel in large exhibits and two in smaller exhibits. The info counter area should have lockable storage facilities and carrier bag hooks.

e) The exhibit should be open, airy and inviting. Most of the exhibitors should be in a

position to see each other across tables when in standing position. Avoid visual clutter.

f) Provide for storage room for (promotional/marketing literature and winter coats and hand luggage).

g) Minimum of 4 wide-screen (52-54‟‟) LCD or plasmas and PCs should be installed at

strategic areas of the exhibit. Use and appropriate location of interactive touch-screens is highly encouraged as a visible characteristic of the exhibit and feedback collection.

h) WTM and ITB require fully operational kitchens with a sink, fridges, dishwasher, hot

water kettles, coffee machines and adequate worktop space. Coffee-making (ground coffee) equipment, 2 fridges, 1 freezer, 1 large water heating urn and a water dispenser are required.

i) meeting rooms each accommodating about six persons comfortably,

j) An upper-deck (approximately 80 square metres) featuring a bar with sitting area for

informal meetings and an executive lounge for the VIP.

k) Provide 2 small changing rooms fitted with full length mirror.

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l) Water connection, electricity connection, audio-visual equipment and essential services

i.e. visitors‟ data capture equipment, waste management catering and daily cleaning should be installed or ordered for by the stand builder. Waste baskets for waste collection, exotic potted plants to accessorize must be provided.

m) The ground floor should be used mainly for business meetings on exhibitor

tables/stations. The entire exhibit floor will be on a raised platform with tapering edges (12-20 degrees) all round the stand and easy access for disabled individuals on wheel-chairs.

n) Power points for electricity should be availed under each table for laptops and ipads

should and other appropriate areas like in the kitchen. Appropriate adaptors should be availed. (Kenyans use the 3 pin British plugs).

o) Literature holders/literature display areas will be required for all exhibitors and KTB.

p) Provide an area on the exhibit for media interviews and product launches where a

backdrop can be mounted and un-mounted. Provide an area for entertainment, performances and animations or demo (basket weaving), photo booth etc. These are short-duration activities lasting 30 minutes possibly twice a day.

q) Mounted graphics will be used to project images while brochures, maps, posters and a

wide range of giveaways will be distributed to reinforce the visibility of Kenya and its stand sharing partners.

r) The exhibit must meet all health and safety requirements as stipulated by the exhibition organizer.

5. Branding guidelines Reference must be made to the Brand Manual (KTB will avail a soft copy) to capture the correct approach to reproducing the destination logo wherever it appears on the exhibit. KTB will avail logos to prospects in soft copy. As part of the presentation prospects will be required to demonstrate how the destination logo will be applied on different exhibits i.e. custom-designed exhibits with a view to achieving a consistent and easily recognizable image in the market-pace during exhibitions and trade fairs. 6. Deliverables

Prospects should design and submit proposals (Technical and financial) in a timely fashion as per deadline dates indicated on the tender documents for; WTM and ITB. Designs must make a strong attempt at interpreting the design brief and be supported with drawings and explanations for clarity where necessary.

a) Prepare exhibit designs for; o WTM 2016, Nov; 23M x 12M island stand, with 80 SQM upper-deck featuring a

minimum 32 tables/stations each with 4 chairs). Exhibition hall floor plan will be provided.

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o ITB 2017, Mar; 22M x 12M island stand, with 80 SQM upper-deck with a minimum 29 tables each with 4 chairs); Exhibition hall floor plan is provided.

b) Print 3 sets technical drawings (plan and elevations) in black and white (A2 size

paper). Please note all tables as seen on floor plans i.e. birds eye-view must be numbered.

c) Print 3 sets 3D rendering in full colour (A2 size paper) d) A copy of all images above should be saved on CD x 3 No.

e) Prepare a quotation for WTM 2016, WTM 2017 and WTM 2018; ITB 2017, ITB 2018

and ITB 2019. This will be awarded at a fixed figure with payments distributed over the contract period

7. Budget

a) Budget limit is approximately EURO 560,000 spread through a 3 year contract for 6

exhibitions for ITB and WTM stands. b) The smaller stands will be billed on project basis.

ii) UGANDA TOURIST BOARD

Uganda Tourism Board (UTB) is a statutory organization established by the Uganda Tourist Board Statute 1994 and reconstituted in the Tourism Act 2008, plays a pertinent role in the realization of following objectives. Objectives of the Uganda Tourism Board

a) Promote and contribute to the development of the tourism sector both within and outside of Uganda.

b) Coordinate with the Ministry and private sector in the implementation of the national tourism policy.

c) Carry out such activities as are incidental or conducive to the attainment of the objects specified in objectives (a) and (b).

The Uganda Tourism Board (UTB) Functions The Tourism Act 2008 specifically spells out the functions of UTB under section 6. The functions of UTB are:

a) Formulate, in consultation with the private sector and relevant entities; and implement the marketing strategy for tourism to promote Uganda as an attractive and sustainable tourist destination both locally and internationally;

b) Improve and diversify in consultation with stakeholders' Uganda„s tourism products; c) Encourage investment in the tourism sector whilst enhancing and strengthening the

competitiveness of the private sector in the tourism industry; d) Strengthen capacity for tourism planning, research and marketing; e) Encourage investment in the tourism sector and where possible, to direct such

investment to the less developed tourism areas; f) Strengthen linkage with local Government in implementation of Tourism act; g) Manage the tourism development levy in accordance with the best commercial practice

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and objects of the board; h) Provide finance and any other assistance to strengthen the private entities in the tourist

sector where necessary and appropriate; and i) Enforce and monitor standards in the tour ism sector; inspect, register, license and

classify tourism facilities and services. The Brand: “Uganda, the Pearl of Africa” Uganda is proud of its Primates, Avi-Tourism, White water rafting on the Nile, Eco-Tourism, Cultural Heritage, Faith-Based Tourism, Community Development Tourism and Meetings, Incentives, Conferences and Events (MICE). Uganda is home to the Gorillas and apes (Primates), diverse culture, friendly people, water resources, Mountains of the moon and over 1200 bird species. Stand Detail

Total size of stand; 120 SQMS

Dimensions: 10x12 QMS

No. of participants: 20

Design Theme: African Overall Marketing Objective Increase the length of stay and spend of the leisure segment visitors from UK Stand and Design Objectives Project the distinctive, unique attractions of Uganda in a contemporary, professional attractive stand. Colour Schemes Earth Color and Beige Budgetary Allocation USD. 416,667 GENERAL GUIDELINES Include an upper deck which will have kitchen, Bar and VIP Area, while the ground floor will have the store and other 4 meeting areas for the tour operators Exhibit requirements

a. 2 Reception/Information Desk b. 20 Exhibitor tables with lockable drawers c. Kitchen area with running water and sink d. Furniture Requirements(4 chairs for each exhibitor company) e. VIP Area(lounge chairs,3 three seater chairs f. Floor Carpeting

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g. Exhibitor areas with illumination Signage (company names) h. Floral/plant display i. Wireless Internet connectivity j. Storage(will be for coats/jackets and promotional materials) k. Graphics and Branding displays l. Brochure displays m. Waste disposal n. Illumination o. Safety and health Regulations p. 4 Audio Visual Displays(flash disk players) q. Lamp shades in Animal print lighting r. Accessories(Fridge, water dispenser, sockets should be British three pin adapters)

iii) RWANDA DEVELOPMENT BOARD STAND DETAIL

Total size of stand: 100 SQM

Dimensions: 10M X 10M

No. of participants: 15 PARTICIPANTS

Design Theme: Remarkable Rwanda Overall Marketing Objective: • Create interest and awareness of East Africa‟s immense beauty and diverse offerings; and, to make it a preferred destination for travelers The Main Design Objective: • Reflect Rwanda‟s unique personality • Increase awareness and interest for Rwanda Stand and Design Objectives

Communicate and reflect Rwanda‟s unique personality - culture, eco-adventure destination. • The stand should come alive and be attractive (see general guidelines below for design inspiration). Color Schemes Core color: Warm Yellow. Supporting Colors: Black and white. See document attached for further details. Budgetary Allocation: EURO 360,000 (for 6 exhibitions/events) GENERAL GUIDELINES • Overall color scheme influences from Rwandan culture and natural beauty • The photos used in the display stand should be reflective of Rwanda whether it‟s nature,

wildlife, people or urban, country landscape setting • The stand should also be provided with Rwanda cultural items such as: imigongo, peace

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baskets, Ibyansi (inkongoro), ikibindi, insika, igisabo, ingoma, ibicuma, imbehe, inanga, and should avail other products made in Rwanda: Rwanda tea and coffee. etc.

Exhibit requirements a) The entire stand to be built of custom made material incl. a traditional Rwandan

hut(Rwanda Convention Center style) b) Wall partitions made of laminated wood or similar mater c) Wooden column made of solid round timber. d) Single door 90cm x 200cm incl.1x vision panel 25cm x 25cm e) Wardrobe incl. shelves 100cmx50cm x200cm made of MDF or similar material f) Substructure incl. side boards for Plasma Screens at the two corners of Rwanda section g) Roofing of African hut (Rwanda Convention Center style) to be made of squared timber and

reed. h) Fencing of stand made by curved elements covered by bamboo i) Finishes

• Sisal carpet flooring, 100 SQM • All solid timber structure to be painted by dark brown varnish

j) Furniture

• Conference Tables • Conference Chairs • Reception/information Counter • Brochure Rack made of laminated wood • Single counter made of laminated wood or similar material • Bar stool made of rattan or wood • Cloth Rack for Wardrobe & Mirror • Kitchen Unit incl. Sink & Fridge • Kitchen Worktop & Kitchen low-cupboard • Worktop for office with internet connection • Coffee counter including sink and power supply • Dustbin and storage area for promo materials

k) Graphics & Decoration • Rwanda Tourism photos to be fixed on site. • Inscription "Remarkable RWANDA" embossed • List of Participants • Counter / Table Signage for all Participants • Photo Banner to be fixed at the rear wall • Eye catcher to be suspended from ceiling • Original decoration elements of Rwanda to be fixed on site. • Dracaena Palms approx.180cm height in Terracotta Style Pot • Various flower boxes to be planted with creepers, ferns & flowers

l) Electrical installation, plumbing & internet • Power supply 20 amp – three phase power supply • Lantern at African Hut. • Power saving light fittings to be fixed inside the African hut. • Spot light, • Halogen projected lamp 1000 watt incl. suspension from ceiling • Power sockets next to conference tables and coffee counter

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• Water connection and drainage /waste for Kitchen unit and coffee counter • LAN Internet connection

m) Audio visual

• Plasma screen 42, including DVD Player and loud speaker, • Sound system including CD-Player and 2x loud speaker

SUMMARY

All other documents like the exhibition hall floor plan, logos and branding guidelines shall be provided as attachments.

Images for branding the exhibits shall be provided before every fair according to graphic schedules provided by the stand builder.

Intent of the Contract Documents The intent of the contract documents is to provide the procuring entity with a project that is complete in all respects. All items necessary or reasonably required are to be provided to produce a complete and operational project. (a) Laws and Codes The Exhibitions Manager is solely responsible for the observation of construction, determination of adherence to the contract documents (including approved plans and specifications) and compliance with the applicable codes and standards. (b) Plans and Specifications

The plans and specifications to conform to set health and safety requirements (c) Design Approval by Procuring Entity No plans shall be approved for construction without the express written approval of the procuring entity. At the discretion of the procuring entity, the project may be approved in parts provided that each part is assessed as in full compliance with the applicable requirements and can be completed without compromising compliance of the total project. Any changes, alterations, substitutions or modifications made to the approved plans during construction must be approved in writing by the Exhibitions Manager where they could be construed to impact on the adherence to the applicable codes, standards or regulations. The contractor shall incorporate without additional cost the procuring entity and changes, alterations, substitutions or modifications made to the approved plans that are required during construction to satisfy code requirements, including those not previously identified in the approved plans, or to properly implement the approved plans or where observed workmanship and/or discovered conditions so require. The contractor shall be responsible for payment of applicable fees and shall incorporate any modifications required in the drawings and detailed specifications without additional cost to the procuring entity.

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The procuring entity will issue a certificate of completion when satisfied that the approved plans have been implemented and that all inspection and technical during construction have been satisfactorily resolved. Drawings & Specifications (a) Quality Requirements

The contractor shall submit to the procuring entity for approval complete drawings and detailed specifications necessary to construct the project, including drawings and detailed specifications. It is required that these drawings and specifications be prepared by Registered professionals under the law. (b) Plan Review and testing/Inspection Services The Exhibitions Manager shall have the responsibility for enforcement of all applicable codes, standards and related responsibilities. The procuring entity shall review the plans and specifications for adherence to applicable codes and standards. Submittals

The contractor shall submit all detailed fabrication drawings, material list and manufacturer‟s equipment brochures setting forth in detail the work as it is to be performed by the contractor. Submittals shall be made in accordance with Article 6.04. Submittals shall be approved in writing by the procuring entity prior to use of materials for the work. Divisions of the Performance Specifications The performance specifications are divided into sections for convenience as set forth in the standard format. The actual limitations of work in the various trades and/or sections of the specifications are the responsibility of the contractor. CONDUCT OF THE CONSTRUCTION WORK Laws to be observed – Generally The contractor shall observe all the Government of Kenya laws that affect the work under this contract. The contractor shall hold harmless defend and indemnify the procuring entity against any claim arising from the violation of any law, whether by itself or its agents, employees or subcontractors during the buildup, use of the exhibit. If a conflict arises between the provisions of this contract and a law, the contractor immediately shall notify the Exhibitions Manager in writing. “Law” as used in this paragraph includes statutes and regulations adopted as well as executive orders, authoritative interpretations and other rules and directives issued by legally constituted

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authority. Contractor’s Responsibility for the Work a) Generally The contractor shall be fully responsible for all work performed under this contract and no subcontractor will be recognized as such. For purposes of assessing responsibility to the contractor, all persons engaged in the work shall be considered as employees of the contractor. The contractor shall give his/her personal attention to the fulfillment of the contract and keep all phases of the work under his/her control. The procuring entity will not arbitrate disputes among subcontractors nor between the contractor and one or more subcontractors concerning responsibility for performing any part of the project. b) Quality Control

The contractor shall be fully responsible for the quality of materials and workers skill in the project. The contractor shall not rely upon the inspection and testing provided by the procuring entity other than those special inspections and tests performed by the procuring entity other than those special inspections and tests performed by the procuring entity‟s selected laboratories for which there are written reports. c) Burden for Damage

From the issuance of the official Notice to Proceed until formal acceptance of the projecet by the Procuring Entity, the contractor shall have the charge and care of and shall bear the risk of damage to the project and materials and equipment for the project. The contractor, at its own expense, shall promptly rebuild, repair, restore and make good all such damage to any portion or to all of the project and materials therefore before the acceptance of the project by the procuring entity except for such damage as is proximately caused by acts of the procuring entity or public enemy. In case of suspension of work from any cause whatsoever, the contractor shall be responsible for all materials and shall properly store them. If the contractor damages any property belonging to the procuring entity, the procuring entity may, in addition to other remedies available to the procuring entity, retain from the money due to the contractor an amount sufficient to ensure repair of the damage or an amount to contribute towards repair of the damage. The design builder shall be responsible for any damage to the project and materials and equipment for the project. d) Safety

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The contractor shall exercise precaution at all times for the protection of persons and their property. The contractor shall install adequate safety guards and protective devices for all equipment and machinery, whether used in the work or permanently installed as part of the project. The contractor shall promptly comply with all applicable laws relating to health and safety precautions, including the required safety regulations of exhibition and trade fair. If the contractor designates other employees, its foreman shall have the duty of prevention of accidents. The contractor shall institute a safety program, which includes all trade on the site. Renovation, expansion or remodel work of any existing building may expose workers to lead-containing materials such as paint, flashings and pipe joints. The contractor shall comply with all applicable laws addressing such exposures. The procuring entity and the Exhibition Manager may bring to the attention of the contractor a possible hazardous situation in the field regarding the safety of personnel on the site. The contractor shall be responsible for verifying that all local, state and Government workplace safety guidelines are being observed. In no case shall this right to notify the contractor absolve the contractor of its responsibility for field safety operations. In the event of an accident, the contractor shall make available to the procuring entity copies of its accident report to its insurance carrier. The contractor shall determine the cause of the accident and immediately correct any equipment, procedure or condition contributing to the accident. e) Utilities 1. If the contractor discovers utility facilities not identified in the contract documents, the

contractor shall immediately notify the procuring entity and the utility involved in writing of such discovery. When the contractor is required by the plans and specifications to locate, remove or relocate utility facilities not identified in the contract documents with reasonable accuracy, she/he shall be compensated for any reasonable actual added cost incurred. The contractor is shall also be compensated for the cost of repairing any damage resulting from the discovery of such unidentified utility facility when such damage does not result from the failure of the contractor to exercise reasonable care. All such compensation to the contractor shall be based on an actual cost plus contractor and subcontractor mark-up except that both the contractor‟s and subcontractor‟s mark-up shall be reduced by six (6) percent each, where the damages results from the failure of the contractor or subcontractor to exercise reasonable care.

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The procuring entity or the public utility, where it is the owner of the utility facilities shall have the sole discretion to perform repairs, or relocation work or permit the contractor to do such repairs or relocation work at a reasonable price, where such work is required to facilitate the project. The contractor shall not be assessed liquidated damages for delay in the completion of the project which is caused by the failure of the procuring entity or the owner of the utility to provide for the removal or relocation of such unidentified utility facilities.

2. With the exception of the identification of main trunk line utilities facilities in the contract documents, the foregoing provisions of sub clause (1) shall not apply to and procuring entity shall have no obligation to indicate the presence of existing service laterals appurtenances whenever the presence of such utilities on the site of the project can be inferred from the presence of other visible facilities such as buildings, meter and junction boxes on or adjacent on the site of the construction.

3. Except as expressly provided in sub-clauses (i) and (ii) above, the Contractor shall be responsible at its own cost for all work, expense or special precautions caused by the existence or proximity of utilities encountered at the site or in the performance of the project work including without limitation.

Repair of any damage that may result including any damage resulting from hand or exploratory excavation.

The Contractor is cautioned that the utilities encountered at the site may include communication cables or electrical cables conducting high voltage. When excavating in the vicinity of the ducts enclosing such cables, special precautions are to be observed by the Contractor at her/his own cost and shall include the following:

(a) All cables and their enclosure ducts shall be exposed by careful hand excavation so as not

to damage the ducts or cables nor;

(b) Cause injury to persons and appropriate warnings signs, barricades and safety devices shall be erected.

4. The Contractor shall provide to the Procuring Entity as-built drawings of all utilities

encountered and constructed indicating the size, horizontal location and vertical location based on the project bench mark or a stable datum.

Occupancy by Procuring Entity Prior to Acceptance

The Procuring Entity reserves the right to occupy all or any part of the project prior to completion of the entire contract, upon issuance of a written contract change order therefore. In such event, the Contractor shall be relieved of responsibility for any injury or damage to such occupied part as results from the Procuring Entity‟s occupancy and use. If the Contractor carries insurance against damage to such premises or against liability to third persons covering the premises so used and occupied by the Procuring Entity and if such occupancy results in increased premiums for such insurance, the Procuring Entity will pay to the Contractor the added premium costs for such insurance during the period of occupancy.

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The Occupancy change order shall be the vehicle for such payment, if applicable.

The Procuring Entity‟s occupancy shall not constitute acceptance by the Procuring Entity either of the project as completed or of any portion thereof, nor will it relieve the Contractor of full responsibility for correcting defective work or materials found at any time before the formal written acceptance of the project as completed by the Procuring Entity and during the full guarantee period after such acceptance, nor does it stop the assessment of liquidated damages.

However, when the project includes several separate facilities and one or more of such facilities is entirely occupied by the Procuring Entity, then upon written request of the Contractor, the guarantee period for the occupied facility may commence from the date of occupancy subject to written consent thereto by the Procuring Entity.

Responsibility to Secure and Pay for permits, Licenses, Utility Connections Etc.

The Contractor shall secure all permits and licenses required for any operations required under this contract and shall pay all costs relating thereto as well as all other fees and charges that are required by the Exhibitions Manager, telephone company, special district or quasi – Exhibitions Managerial entity. It is the Contractor‟s responsibility to ascertain the necessity of such permits and licenses in preparing its tender and include in its tender the cost thereof as well as adjustments for any delays, which may be caused by securing permits and licenses. Patented or Copyrighted Materials

The Contractor shall assume all costs arising from the use of patented or copyrighted materials, equipment, devices or processes used on or incorporated in the project and agrees to save harmless, defend and indemnify the Procuring Entity Consultants, the Procuring Entity, Employees of each of them from all suits, actions or claims for or on account of the Use of any patented or copyrighted materials, equipment, devices or processes.

Property Rights in Materials and Equipment

Nothing in the contract shall be construed as vesting in Contractor any property in the materials or equipment after they have been attached to or permanently placed in or upon the work or the soil or after payment has been made for the value of the materials or equipment delivered to the site of the work whether or not they have been so attached or placed.

All such materials or equipment shall become the property of Procuring Entity upon being so attached or placed or upon payment of the value of the materials or equipment delivered on the site but not yet installed and the Contractor warrants that all such property shall pass to Procuring Entity free and clear of all liens, claims, security interests or encumbrances.

Taxes

The Contractor shall pay all taxes imposed by law which are levied or become payable as a result of the Contractor‟s performance under this contract.

Contract Time

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a) Time is of the Essence.

All time limits specified in this contract are of the essence of the contract.

b) Starting and Completion Date

The Procuring Entity shall designate in the Notice to proceed the starting date of the contract on which the Contractor shall immediately begin and thereafter diligently execute the work to completion. The Contractor agrees to complete the work on the date specified for completion of the Contractor‟s performance in the contract unless such time is adjusted in writing by change order by the Procuring Entity.

The Contractor may complete the work before the completion date if it will not interfere with Procuring Entity or other contractors engaged in related or adjacent work.

The work shall be regarded as completed as noted on the Procuring Entity Notice of Completion. Labour Force and Foreman

At all times the Contractor shall provide sufficient labour to properly execute the work and to ensure completion of each part in accordance with the schedule and within the contract time. The Contractor shall make certain that competent workers are employed who are skilled in the type of work required and that workmanship is of the best, regardless of the quality of material.

If in the judgment of the Procuring Entity, any person is incompetent or disorderly, the Contractor shall promptly remove such person from the project and shall not re-employ such person thereon.

The Contractor shall retain a competent, full time on-site Foreman to represent the Design Builder and to direct the project at all times while any work under this contract is being performed.

The Foreman shall prepare a daily report, which includes worker count and work in progress and shall provide the report to the Procuring Entity upon request.

The Contractor shall make certain that all subcontractors employed are properly registered and are in good standing with Exhibitions Manager requirements.

Limitation of Construction Operations

The Contractor shall limit the area and nature of the construction operations to that which is authorized in the plans and specifications or approved in writing by the Procuring Entity.

The Contractor shall be responsible to others engaged in the related or adjacent work for all damage to work, to persons and to property and for loss caused by failure to complete the work within the specified time for completion.

The Contractor shall coordinate its work with the work of others so that no discrepancies shall

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result in the project. Drawings Reflecting Actual Construction During the course of construction, the Contractor shall maintain drawings daily to show the project as it is actually constructed.

Every sheet of the plans and specifications, which differs from the actual construction, shall be marked and sheets so changed shall be noted on the title sheets of the plans and specifications.

All variation orders shall be shown by reference to sketch drawings and any supplementary drawings or change order drawings shall be included.

The Contractor shall review the “as-built” drawings with the Exhibitions Manager at least once a month to demonstrate that all changes that have occurred are being fully and accurately recorded.

The altered contract drawings shall be sufficiently detailed so that future work on the project or in adjacent areas may be conducted with a minimum of difficulty.

Prior to the completion of the project and prior to release of the final retention payments the “as-built” drawings and specifications shall be transmitted to the Exhibitions Manager for further handling with a copy of the transmittal to the Procuring Entity

Additionally, the Contractor shall turn over to the Procuring Entity a re-drafted and complete set of “as-built”: drawings of the actual construction.

Final payment will not be made to the Contractor until the “as-built” drawings are received and spot checked by the Procuring Entity. Corrections if any shall be made as necessary.

Access for Inspection The Constructor shall at all times permit the Procuring Entity and the Exhibitions Manager to visit and inspect the work where work is in preparation and shall maintain proper facilities and provide safe access for such inspection.

Work requiring testing, inspection or verification shall not be covered up without such test, inspection or approval.

The Contractor shall notify the Exhibitions Manager in writing at least 24 hours in advance of the Exhibitions Manager being required to inspect the work.

For a project with part time inspection, a minimum of 48 hours written notification by the Contractor to the Exhibitions Manager is required before the Exhibitions Manager is required to inspect the work, whenever the Contractor intends to perform work on a Saturday. Clean-up of Project and Site

The Contractor shall clean up its work at frequent intervals and at other times when directed by the Procuring Entity.

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At all times while finish work is being done, floors shall be kept broom clean. Upon completion of the work, the Contractor shall promptly remove from the premises construction equipment and any waste materials not previously disposed of leaving the premises thoroughly clean and ready for occupancy.

In the event the Contractor does not maintain the project or the site clear of debris and rubbish in manner acceptable to the Procuring Entity, the Procuring Entity may cause the project or site to be properly cleaned and may withhold the expense incurred therefore from payments due to the Contractor.

INTERPRETATION OF AND ADHERENCE TO CONTRACT REQUIREMENTS

Interpretation of Contract Requirements a) Correlation

Contract documents shall be interpreted as being complementary, requiring a complete project.

Any requirement occurring in any one of the contract documents is as binding as though occurring in all contract documents.

Generally, the specifications address quality, types of materials and contract conditions while the drawings show placement, sizes and fabrication details of materials.

b) Conflicts In the event of conflict in the contract documents, the following priorities shall govern:

(i) Addenda shall govern over all other contract documents and subsequent addenda shall govern over prior addenda only to the extent modified.

(ii) “Contract Conditions” shall govern over all sections of the specifications. No section of the specifications shall modify the Contract Conditions. (iii) In the event that provisions of codes, safety orders contract documents, referenced

manufacturers specifications or industry standards are in conflict, the more restrictive or higher quality shall govern.

c) Omissions

In the event of omissions in the contract documents the following shall apply:

(i) If the contract documents are not complete as to any minor detail of a required

construction system or with regard to the manner of combining or installing of parts, materials or equipment, but there exists an accepted trade standard for good and skillful construction, such detail shall be deemed to be an implied requirement of the contract documents in accordance with such standard.

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“Minor Detail” shall include the concept of substantially identical components, where the price of each such component is small even though the aggregate cost or importance is substantial and shall include a single component that is incidental even though its cost or importance may be substantial.

(ii) The quality and quantity of the parts or material so supplied shall conform to trade standards and be compatible with the type, composition, strength, size and profile of the parts of materials otherwise set forth in the contract documents.

Issuance of Interpretations, Clarifications, Additional Instructions

Should the Contractor discover any conflicts, omissions or errors in the contract or have any question concerning interpretation or clarification of the contract, the Contractor shall request in writing interpretation, clarification or additional detailed instructions before proceeding with the work affected.

The written request shall be given to the Contractor with copies to the Procuring Entity and to the Exhibitions Manager. The Procuring Entity shall, within a reasonable time, issue in writing the interpretation, clarification or additional detailed instructions requested.

Should the Contractor proceed with the work affected before receipt of the interpretation, clarification or instructions from the Procuring Entity, the Contractor shall replace or adjust any work not in conformance therewith and shall be responsible for any resultant damage or added cost.

Should any interpretation, clarification or additional detailed instructions as approved by the Procuring Entity and in the opinion of the Contractor, constitute work beyond the scope of the contract, the Contractor must submit written notice thereof to the Procuring Entity within seven calendar days following receipt of such interpretation, clarification or additional detailed instructions and in any event prior to commencement of work thereon. The Contractor shall send copies of such correspondence to the Exhibitions Manager. Within seven calendar days after the Contractor issues its written notice, the Contractor shall submit an explanation of how the interpretation, clarification or additional detailed instruction constitutes work beyond the scope of the contract, along with a detailed cost breakdown and an explanation of any delay impacts.

If in the judgment of the Procuring Entity, the notice is justified, the interpretation, clarification or additional detailed instructions shall be revised or the extra work authorized by contract change order or by Site Instruction with a change order to follow.

If the Procuring Entity decides that the claim is not justified the Procuring Entity shall give the Contractor a written order that the claim is not justified and direct the Contractor to perform such work. The Contractor shall proceed with the work upon receipt from the Procuring Entity of a written order to do so, in accordance with the Procuring Entity‟s interpretation of the contract requirements, but within seven days of receipt of the order, the Contractor must notify the Procuring Entity by letter that it protests the decision.

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When performing disputed work, the Contractor shall prepare time and materials records for each day and the Site Manager shall verify these records at the conclusion of each day.

The Contractor shall have no claim for additional compensation because of such interpretation, clarification or additional detailed instruction, unless he/she gives written notice to the Procuring Entity within seven calendar days as specified above. Drawings, Samples, Alternatives or Equals, Substitutions

(a) Submittal Procedure

The Contractor shall review and approve all drawings. “drawings” include diagrams, illustrations, schedules, performance charts, brochures and catalogs and other data prepared by the Contractor or any subcontractor, manufacturer, supplier or distributor, which illustrate some portion of the work.

The Contractor shall promptly review and mark the drawings approved and submit to the Procuring Entity, so as to cause no delay in the work together with samples as required by the contract and shall also submit any offers of alternatives or substitutions.

The Contractor shall submit at least four copies of the drawings with three to be retained by the Procuring Entity. All such submittals shall be sent to the Procuring Entity at the address given in the instructions to the Contractor at the job start meeting.

A letter shall accompany the submitted items which shall contain a list of all matters submitted and shall identify all deviations in the drawings and samples from the requirements of the contract.

Failure by the Contractor to identify all deviations may render any action taken by the Procuring Entity on the materials submitted to be void.

Whether to void such action shall be in the discretion of the Procuring Entity.

The letter and all items accompanying it shall be fully identified as to project name and location, the Contractor‟s name and contract number.

By submitting the approved drawings and samples, the Contractor represents that the data contained therein have been verified with conditions as they actually exist and that the drawings and samples have been checked and coordinated with the contract.

(b) Alternatives or Equals

For convenience in designation on the plans or in the specifications certain materials or equipment may be designated by a brand or trade name or the name of the manufacturer together with catalog designation or other identifying information, hereinafter referred to generically as “designated by brand name”.

Alternative material or equipment which is of equal quality and of the required characteristics

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for the purpose intended may be proposed for use provided the Proposer complies with the following requirements.

(i) The Proposer shall submit his or her proposal to the Procuring Entity for an alternative

as “an equal” in writing prior to the award of the contract as required by the Procuring Entity.

(ii) In exceptional cases where the best interests of the Procuring Entity so require, the Procuring Entity may give written consent to a submittal or re-submittal received after the expiration of the time limit designated.

If a Proposer desires consideration of “an equal” prior to submitting proposals, the Proposer is responsible for a timely submittal.

(iii) No proposal will be considered unless accompanied by complete information necessary to permit determination of the equality of the offered materials or equipment. Samples shall be provided when requested by the Procuring Entity.

(iv) The burden of proof as to the comparative quality and suitability of the offered materials or equipment shall be upon the Proposer.

Where the material is specified by capacity or performance, the burden of proof shall be on the proposer to show that any particular equipment or materials meet the minimum capacities or the performance requirements specified. The Proposer shall furnish at its own expense all information necessary for a determination as to whether the minimum capacities or performance requirements will be met. The Procuring Entity shall be the judge of such matters. If the Procuring Entity rejects the use of any alternative materials or equipment, then one of the products designated by brand name shall be furnished. If changes or delays are required for proper installation or fit of alternative materials, articles or equipment, or because of deviations from contract documents such changes or delays shall be made at the Contractor‟s expense without recourse for reimbursement from the Procuring Entity.

(c) Substitutions

If the Contractor proposes a product that is of lesser or greater quality or performance than the specified material or equipment, the Contractor must submit any cost impact of this substitution.

By submitting a substitute, the Contractor waives any rights to claim a delay due to the processing of this substitution.

The time for submission of a substitute of an unequal product shall be restricted to 5 days after the effective date on the Notice-to-Proceed unless the Procuring Entity allows a longer or shorter period in writing.

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Quality of Materials, Articles and Equipment Materials articles and equipment furnished by the Contractor for incorporation into the work shall be new.

When the contract requires that materials, articles or equipment be furnished but the quality or kind thereof is not specified, the Contractor shall furnish materials, articles or equipment at least to the kind or quality or both of materials, articles or equipment which are specified.

Testing Materials, Articles, Equipment and Work

Materials, articles and equipment requiring tests shall be delivered to the site in ample time before intended use to allow for testing and shall not be used prior to testing and receipt of written approval. The Contractor shall be solely responsible for notifying the Procuring Entity where and when materials, articles, equipment and work are ready for testing. Should any such materials, articles, equipment or work be covered without testing and approval, if required, they shall be uncovered at the Contractor‟s expense.

The Procuring Entity has the right to order the testing of any other materials, articles, equipment or work at any time during the progress of the work. Unless otherwise directed, all samples for testing shall be taken by the Procuring Entity from materials, articles or equipment to be used on the project or from work performed.

All tests will be under the supervision of and at locations convenient to the Procuring Entity. The Procuring Entity shall select the laboratories for all tests.

Decisions regarding the adequacy of materials, articles, equipment or work shall be issued to the Procuring Entity in writing.

All costs of the initial required tests shall be borne by the Contractor.

The Procuring Entity may decide to take further samples and tests and if the results show that the work was not defective, the Procuring Entity shall bear the costs of such samples and tests.

In the event the results of such additional samples and tests show that the work was defective, the Contractor shall bear the cost of such samples and tests. Samples that are of value after testing shall remain the property of the Contractor. The Procuring Entity may be back charge to the Contractor all retesting and re-inspection costs.

Rejection Should any portion of the work done or any materials, articles or equipment delivered fail to comply with the requirements of the contract, such work, materials, articles or equipment shall be rejected in writing and shall immediately be made satisfactory to the Procuring Entity, by the Contractor at no additional expense to the Procuring Entity.

Any materials, articles or equipment, which are rejected, shall immediately be removed from the premises at the expense of the Contractor.

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The Procuring Entity may retain one and one-fourth times the cost of the rejected materials, articles, equipment and work from any payments due to the Contractor until such time as it is made acceptable to the Procuring Entity. Responsibility of Quality

The testing and inspection provided by the Procuring Entity shall not relieve the Contractor of its responsibility for the quality of materials and workmanship provided by the Contractor and the Contractor shall make good all defective work discovered during or after completion of the project.

Guarantee

The Contractor hereby unconditionally guarantees the work under this contract to be in conformance with the contract requirements and to be and remain free of defects in workmanship and materials for a period of one year from the date of acceptance of the project, unless a longer guarantee period is agreed between the parties.

By this guarantee the Contractor agrees within the guarantee period, to repair or replace any work together with any adjacent work which may be displaced in so doing which is not in accordance with the requirements of the contract or which is defective in its workmanship or material, all without any expense whatsoever to the Procuring Entity.

Special guarantees that are required by the contract shall be signed by the Contractor, who is responsible for the entire work and countersigned by the sub-contractor who performs the work. Contract bonds shall remain in full force and effect during the one-year guarantee period, unless a longer bond period is agreed. The Contractor further agrees that within five (5) calendar days after being notified in writing by the Procuring Entity of any work not in accordance with the requirements of the contract or of any defects in the work, the Contractor shall commence and execute with diligence all work necessary to fulfill the terms of this guarantee and to complete the work in accordance with the requirements of the contract within a reasonable period of time.

The Contractor in the event of failure to so comply, does hereby authorize the Procuring Entity to proceed to have the work done at the Contractor‟s expense and the Contractor agrees to pay the cost thereof upon demand. The Procuring Entity shall be entitled to be reimbursed by the Contractor all costs necessarily incurred upon the Contractor‟s refusal to pay the above cost.

Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to health or safety of the Procuring Entity, employees, property or the public, the Procuring Entity may undertake at the Contractor‟s expense without prior notice, all work necessary to correct any hazardous conditions caused by the work of the Contractor not being in accordance with the requirements of this contract.

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STANDARD FORMS Page (i) Form of Invitation for Tenders………………………………………. 49 (ii) Letter of Acceptance……………………………………..………………. 50 (iii) Form of Tender Security………………………………………………… 51 (iv) Performance Bank Guarantee ………………………………………... 52 (v) Tender Questionnaire……………………………………………………. 53 (vi) Confidential Business Questionnaire………………………………. 54 (vii) Joint Venture Summary………………………………………………… 56 (viii) Details of Contracts of similar nature and complexity……… 56 (ix) Schedule of ongoing contracts……………………………………….. 58 (x) Personnel Capabilities…………………………………………………… 59 (xi) Litigation History…………………………………………………………. 60 (xii) Details of subcontractors………………………………………………. 61 (xiii) Key Personnel……………………………………………………………… 62 (xiv) Form of written Power of Attorney………………………………… 63 (xv) Declaration Form………………………………………………………… 64 (xvi) Letter of Award …………………………………………………………… 65

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(i) FORM OF INVITATION FOR TENDERS [Date] TO: [name of Contractor

[address] Dear Sirs: Reference: [Contract Name] You have been invited to tender for the above project. We hereby invite you and other tenderers to submit a tender for the execution and completion of the above contract. A complete set of tender documents may be purchased by you from [mailing address, cable/telex/facsimile numbers]. Upon payment of a non-refundable fee of Kshs. or forex currency All tenders must be accompanied by number of copies of the same and a security in the form and amount specified in the tendering documents, and must be delivered to [address and location] at or before [time and date]. Tenders will be opened immediately thereafter, in the presence of tenderers‟ representatives who choose to attend. Please confirm receipt of this letter immediately in writing by cable/facsimile or telex. Yours faithfully, [Authorized signature [Name and Title

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(ii) LETTER OF ACCEPTANCE (NB: this is just a guide do not fill this form)

[Letterhead paper of the Procuring Entity] [date] To: [name of the Contractor] [address of the Contractor] Dear Sir, This is to notify you that your Tender dated for the execution of [name of the Contract and identification number, as given in the Tender documents] for the Contract Price of Kshs. or forex currency [amount in figures] [Kenya Shillings or an easily convertible forex currency [amount in words] in accordance with the Instructions to Tenderers is hereby accepted. You are hereby instructed to proceed with the execution of the said Works in accordance with the Contract documents. Authorized Signature …………………………………………………….. Name and Title of Signatory …………………………………………… Attachment: Agreement

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(iii) FORM OF TENDER SECURITY (NB: this is mandatory to fill please fill this form)

WHEREAS ………………………………………..(hereinafter called “the Tenderer”) has submitted his tender dated ………………………… for the construction of …………………………………………………… …………………… (name of Contract) KNOW ALL PEOPLE by these presents that WE ……………………… having our registered office at ………………(hereinafter called “the Bank”), are bound unto ……………………………(hereinafter called “the Procuring Entity”) in the sum of Kshs.……………………… for which payment well and truly to be made to the said Procuring Entity, the Bank binds itself, its successors and assigns by these presents sealed with the Common Seal of the said Bank this ……………. Day of ………20………… THE CONDITIONS of this obligation are: 1. If after tender opening the tenderer withdraws his tender during the period of tender

validity specified in the instructions to tenderers Or

2. If the tenderer, having been notified of the acceptance of his tender by the Procuring Entity during the period of tender validity:

(a) fails or refuses to execute the form of Agreement in accordance with the

Instructions to Tenderers, if required; or (b) fails or refuses to furnish the Performance Security, in accordance with the

Instructions to Tenderers;

We undertake to pay to the Procuring Entity up to the above amount upon receipt of his first written demand, without the Procuring Entity having to substantiate his demand, provided that in his demand the Procuring Entity will note that the amount claimed by him is due to him, owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force up to and including thirty (30) days after the period of tender validity, and any demand in respect thereof should reach the Bank not later than the said date.

______________________ ______________________________ [date] [signature of the Bank] _______________________ ______________________________ [witness] [seal]

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(iv) PERFORMANCE BANK GUARANTEE (NB: this is an illustration do not fill it shall be filled at later stage)

To: _____________________(Name of Procuring Entity) ___________(Date) __________________________(Address of Procuring Entity) Dear Sir, WHEREAS ______________________(hereinafter called “the Contractor”) has undertaken, in pursuance of Contract No. _____________ dated _________ to execute _______________ (hereinafter called “the Works”); AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee: NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a total of Kshs. or forex currency________________ (amount of Guarantee in figures) Kenya Shillings or an easily convertible forex currency________________________________________ (amount of Guarantee in words), and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of Kenya Shillings _________________________ (amount of Guarantee in words) as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the demand. We further agree that no change, addition or other modification of the terms of the Contract or of the Works to be performed there under or of any of the Contract documents which may be made between you and the Contractor shall in any way release us from any liability under this Guarantee, and we hereby waive notice of any change, addition, or modification. This guarantee shall be valid until the date of issue of the Certificate of Completion.

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(v) TENDER QUESTIONNAIRE (NB: this is mandatory to fill please fill this form)

Please fill in block letters 1. Full names of tenderer …………………………………………………………………….. 2. Full address of tenderer to which tender correspondence is to be sent (unless an agent

has been appointed below)

……………………………………………………………………….

3. Telephone number (s) of tenderer ……………………………………………………………………… 4. Telex address of tenderer …………………………………………………………………….. 5. Name of tenderers‟ representative to be contracted on matters of the tender during the

tender period ……………………………………………………………………… 6. Details of tenderer‟s nominated agent (if any) to receive tender notices. This is essential

if the tenderer does not have his registered address in Kenya (name, address, telephone, telex)

………………………………………………………………………

Signature of Tenderer Make copy and deliver to: Kenya Tourism Board

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(vi) CONFIDENTIAL BUSINESS QUESTIONNAIRE (NB: this is mandatory to fill please fill this form)

You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or whichever applies to your type of business.

You are advised that it is a serious offence to give false information on this Form.

Part 1 – General

Business Name ………………………………………………………………………

Location of business premises; Country/Town……………………….

Plot No……………………………… Street/Road …………………………

Postal Address……………………… Tel No………………………………..

Nature of Business………………………………………………………..

Current Trade Licencee No……………… Expiring date…………………

Maximum value of business which you can handle at any time: K. pound………………………..

Name of your bankers………………………………………………………………

Branch………………………………………………………………………

Part 2 (a) – Sole Proprietor

Your name in full………………………… Age…………………………

Nationality………………………… Country of Origin…………………

Citizenship details …………………………………………………………… Part 2 (b) – Partnership

Give details of partners as follows:

Name in full Nationality Citizenship Details Shares

1 ………………………………………………………………………… 2 ………………………………………………………………………… 3 ………………………………………………………………………… Part 2 (c ) - Registered Company: Private or public ……………………………………………………………..

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Issued Kshs. ……………………………………………………………… Give details of all directors as follows

Name in full Nationality Citizenship Details Shares 1 ………………………………………………………………………… 2 ………………………………………………………………………… 3 ………………………………………………………………………… Part 2 (d) Interest in the Firm: Is there any person/persons in ………………………..[name of Procuring Entity] who has interest in this firm? Yes/No. ………………………[delete as necessary] I certify that the information given above is correct ………………….. ………………………. ………….. [Title] [Signature] [Date] * Attach proof of citizenship

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(vii) JOINT VENTURE SUMMARY Names of all partners of a joint venture 1. Lead partner 2. Partner 3. Partner 4. Partner 5. Partner 6. Partner Total value of annual construction turnover, in terms of work billed to clients Annual turnover data (Construction only Kshs. or forex currency) Partner Form 2

Page no. Year 1 Year 2 Year 3 Year 4 Year 5

1.Lead Partner

2. Partner

3. Partner

4. Partner

5. Partner

6. Partner

TOTALS

(viii) DETAILS OF CONTRACTS OF SIMILAR NATURE AND COMPLEXITY Name of Firm or partner of a joint venture Use a separate sheet of each contract 1. Number of contract

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Name of Contract _____________________________________________________________

2. Name of Procuring Entity

3. Procuring Entity address

4. Nature of works and special features relevant to the contract

5. Contract role (check one)

* Sole contract * Management contractor * Subcontractor * Partner in a joint venture

6. Value of the total contract/subcontract/partner share (in specified currencies at completion, or at date of award for current contracts) Currency Currency Currency

7. Value Kshs

8. Date of award

9. Date of completion

10. Contract/subcontract duration (years and months) --------- Years --------- months

11. Specified requirements __________________________________________________________________

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(ix) SCHEDULE OF ONGOING CONTRACTS (NB: this is mandatory to fill please fill this form) Name of Firm or Partner of a joint venture Firms and each partner to an application should provide information on their current commitments on all contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for contracts approaching completion, but for which an unqualified, full completion certificate has yet to be issued. Name of contract Value of outstanding work

(Kshs. or forex currency) Estimated completion date

1.

2.

3.

4.

5.

6.

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(x) PERSONNEL CAPABILITIES (NB: this is mandatory to fill please fill this form) Name of Firm For specific positions essential to contract implementation, Firms should provide the names of at least two candidates qualified to meet the specified requirements stated for each position. The data on their experience should be supplied in separate sheets. 1. Title of position*

Name of prime candidate

Name of alternate candidate

2. Title of position*

Name of prime candidate

Name of alternate candidate

3. Title of position* _____________________________________________________ Name of prime candidate _____________________________________________________ Name of alternate candidate

4. Title of position* ______________________________________________________ Name of prime candidate ______________________________________________________ Name of alternate candidate

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(xi) LITIGATION HISTORY (NB: this is mandatory to fill please fill this form) Name of Firm or Partner of a joint venture Firms, including each of the partners of a joint venture, should provide information on any history of litigation or arbitration resulting from contracts executed in the last five years or currently under execution. A separate sheet should be used for each partner of a joint venture Year Award FOR or

AGAINST Firm Name of client, cause of litigation and matter in dispute

Disputed amount (current value, Kshs. or forex currency)

1.6 Statement of compliance with the requirements of Clause 1.2 of the Instructions to

Tenderers.

_______________________________________________________

1.7 Proposed program (work method and schedule) in compliance with requirement of clause 1.3 of the Instructions to Tenderers. Descriptions, drawings and charts, as necessary, to comply with the requirements of the tendering documents.

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(xii) DETAILS OF SUB-CONTRACTORS (NB: if applicable to you please fill) If the Tenderer wishes to sublet any portions of the Works under any heading, he must give below details of the sub-contractors he intends to employ for each portion Failure to comply with this requirement mat invalidate the tender, (I) Portion of Works to be sublet: …………………………………………………………………… (II) Full name of Sub-contractor and address of head office: ……………………………………………………………………. ……………………………………………………………………. (III) Sub-contractor‟s experience of similar works carried out in the last 3 years with Contract

value:…………………………………………………………... (2) Portion of Works to sublet:…………………………………………………………………………. (i) Full name of sub-contractor and address of head office: ……………………………………………………………….. ………………………………………………………………..

(ii) Sub-contractor‟s experience of similar works carried out in the last 3 years with contract value:

………………………………………………………………… ……………………………………………………………….. [Signature of Tenderer] [Date]

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(xiii) KEY PERSONNEL (NB: this mandatory to fill please fill this form)

DESIGNATION NAME NATIONALITY SUMMARY OF QUALIFICATIONS AND EXPERIENCE

Headquarters 1. Directors 2. 3. 4. 5. etc

Site Office: 1. Site Superintendent 2. 3. 4. 5. etc

I certify that the above information is correct ………………………. …………………… ……………… ……………………… [Title] [Signature] [Date]

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(xiv) FORM OF WRITTEN POWER OF ATTORNEY (if applicable to you please fill this form) The Tenderer consists of a joint venture shall state here below the name and address of his representative who is authorized to receive on his behalf correspondence in connection with the Tender. ……………………………………………………………………… [Name of Tenderer‟s Representative in block letters] ……………………………………………………………………….. [Address of Tenderer‟s Representative] ……………………………………………………………………….. [Signature of Tenderer‟s Representative]

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(xv) DECLARATION FORM (NB: very important, mandatory to fill this form) Date To The tenderer i.e. (name and address) declare the following:

a) Has not been debarred from participating in public procurement.

b) Has not been involved in and will not be involved in corrupt and fraudulent practices regarding public procurement. ______________ Title Signature Date (To be signed by authorized representative and officially stamped)

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(xvi) LETTER OF NOTIFICATION OF AWARD (NB: this is just an illustration do not fill)

Address of Procuring Entity _____________________ _____________________ To: RE: Tender No. Tender Name This is to notify that the contract/s stated below under the above mentioned tender have been awarded to you.

1. Please acknowledge receipt of this letter of notification signifying your acceptance. 2. The contract/contracts shall be signed by the parties within 30 days of the date of this

letter but not earlier than 14 days from the date of the letter.

3. You may contact the officer(s) whose particulars appear below on the subject matter of

this letter of notification of award. (FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER

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(NB: this is just an illustration do not fill)

FORM RB 1

REPUBLIC OF KENYA

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW PROCURING ENTITY

APPLICATION NO…………….OF……….….20……... BETWEEN …………………………………………….APPLICANT AND KENYA TOURIST PROCURING ENTITY……………RESPONDENT

Request for review of the decision of the…………… Kenya Tourist Procuring Entity of

……………dated the…day of ………….20……….in the matter of Tender No………..…of …………..20…

REQUEST FOR REVIEW

I/We……………………………,the above named Applicant(s), of address: Physical

address…………….Fax No……Tel. No……..Email ……………, hereby request the Public Procurement

Administrative Review Procuring Entity to review the whole/part of the above mentioned

decision on the following grounds , namely:-

1.

2.

etc.

By this memorandum, the Applicant requests the Procuring Entity for an order/orders that: -

1.

2.

etc

SIGNED ……………….(Applicant)

Dated on…………….day of ……………/…20…

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Procuring Entity on

………… day of ………....20….………

SIGNED Procuring Entity Secretary

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SECTION V - FINANCIAL PROPOSAL (NB: very important, mandatory to fill this form) 5.1 FORM OF TENDER ________________[Date] TO: _______________________________[Name of Procuring Entity] _______________________________[Name of Contract] Dear Sir,

1. In accordance with the Conditions of Contract, Specifications, Drawings and Bills of Quantities for the execution of the above named Works, we, the undersigned offer to construct, install and complete such Works and remedy any defects therein for the sum of Kshs [Amount in figures] Kenya Shillings [Amount in words]

2. We undertake, if our tender is accepted, to commence the Works as soon as is reasonably possible after the receipt of the Exhibitions Manager‟s notice to commence, and to complete the whole of the Works comprised in the Contract within the time stated in the Appendix to Conditions of Contract.

3. We agree to aide by this tender until [inset date], and it

shall remain binding upon us and may be accepted at any time before the date.

4. Unless and until a formal Agreement is prepared and executed this tender together with your written acceptance thereof, shall constitute a binding Contract between us.

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

receive. Dated this day of 20 Signature in the capacity of Duly authorized to sign tenders for and on behalf of [Name of Procuring Entity] of [Address of Procuring Entity] Witness; Name Address Signature Date

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FINANCIAL CAPABILITY Name of Firm or partner of a joint venture Firms, including each partner of a joint venture, should provide financial information to demonstrate that they meet the requirements stated in the Instructions to Bidders. Each firm or partner of a joint venture must fill in this form. If necessary, use separate sheets to provide complete banker information. A copy of the audited balance sheets should be attached. Banker

Name of banker

Address of banker ______________________________________________________

Telephone

Contact name and title

Fax

Telex

Summarize actual assets and liabilities in Kenya Shillings or an easily convertible forex currency for the previous five years. Based upon known commitments, summarize projected assets and liabilities in Kenya Shillings or an easily convertible forex currency for the next two years, unless the withholding of such information is justified by the Firm to the satisfaction of the Procuring Entity.

Financial Actual Projected: Information previous five years next two months In Kshs or forex currency. 1.

2. 3. 4. 5. 6

1. Total assets

2. Current assets

3. Total liabilities

4.Current liabilities

5. Profits before taxes

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6. Profits after taxes

Specify proposed sources of financing to meet the cash flow demands of the Project, net of current commitments

Source of financing Amount (Kshs. or forex currency)

1.

2.

3.

4.

Attached audited financial statements for the last five years (for the individual Firm or each partner of a joint venture). Firms owned by individuals, and partnerships, may submit their balance sheets certified by a registered accountant, and supported by copies of tax returns, if audits are not required by the laws of their countries of origin.

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APPENDIX

(i) FLOOR PLANS (Attached Separately)

(ii) LOGO & COLOUR RWANDA’S STAND (Attached Separately)

KENYA TOURISM BOARD (KTB) OPEN INTERNATIONAL TENDER … · 2019-09-09 · Page 4 of 70 TRAVEL...

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