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REPUBLIC OF KENYA___________________________
THE COUNTY GOVERNMENT OF SIAYATENDER DOCUMENT
FOR
PROVISION OF MOTOR VEHICLES INSURANCEBROKERAGE SERVICES
TENDER NO. CGS/OT/20142015/152
The County Government of SiayaP.O. Box 803-40600
Siaya, Kenya
Website: www. siaya.go.keJune, 2015
CLOSING DATE: - FRIDAY 10TH JULY 2015, 12.00 NOON
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Table of Contents
1
SECTION I INVITATION FOR TENDERS
...............................................................
2SECTION II INSTRUCTIONS TO TENDERERS
....................................................... 3SECTION
IIIGENERAL CONDITIONS OF CONTRACT
........................................ 23SECTION IV SPECIAL
CONDITIONS OF CONTRACT .........................................
27SECTION V SCHEDULE OF REQUIREMENTS
..................................................... 28SECTION VI
DESCRIPTION OF
SERVICES............................................................
37SECTION VII STANDARD FORMS
..........................................................................
40
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SECTION IINVITATION FOR TENDERSTENDER REF. NO.:
CGS/OT/2014-2015/ 152
TENDER NAME: PROVISION OF MOTOR VEHICLE INSURANCEBROKERAGE
SERVICES
1.1
1.2
The County Government of Siaya invites sealed tenders from
eligible candidates for Provisionof Motor Vehicle Insurance
Brokerage Servicesfor a period of twelve (12) months with an
optionof renewal annually upto a maximum of three (3) years subject
to satisfactory performance.A complete set of tender documents may
be obtained by interested candidates from Supply ChainManagement
Office, The County Government of Siaya, during normal working hours
or can beDownloaded from the CountyWebsite.www.Siaya.go.ke at no
cost.
1.31.4
Prices quoted should be net inclusive of all taxes, and delivery
costs, must be in Kenya Shillings andshall remain valid for 120
days from the closing date of the tender.Tenders must be
accompanied by a tender security of Kenya shillings Two
HundredThousand (200,000). in form of a guarantee from a reputable
bank or aninsurancecompany approved by the Public Procurement
Oversight Authority, payable to the CountySecretary , County
Government of Siaya .
1.5 Completed tender documents are to be enclosed in plain
sealed envelopes, clearly markedwith the tender number and be
deposited in the TENDER BOX provided at ALEGO USONGA OFFICE
addressed and posted to:
THE COUNTY SECRETARYCOUNTY GOVERNMENT OF SIAYA
P.O. BOX 803-40600SIAYA
Tenders will be opened immediately thereafter in the presence of
the tenderersrepresentatives who choose to attend ALEGO-USONGA SUB
COUNTY OFFICES,within Siaya Town
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32.1.1 This Invitation for Tenders is open to all tenderers
eligible as described in theAppendix to Instructions to Tenderers.
Successful tenderers shall provide theservices for the stipulated
duration from the date of commencement (hereinafterreferred to as
the term) specified in the tender documents.
2.1.2 The County Government of Siayas employees,
committeemembers, board members and theirrelatives (spouse and
children) are not eligible to participate in the tender unless
wherespecially allowed under section 131 of the Act.
2.1.3 Tenderers shall provide the qualification information
statement that the tenderer(including all members of a joint
venture and subcontractors) is not associated, orhave been
associated in the past, directly or indirectly, with a firm or any
of its affiliates whichhave been engaged by the County Government
of Siaya to provide consulting services for thepreparation of the
design, specifications, and other documents to be used forthe
procurement of the services under this Invitation for tenders.
2.1.4 Tenderers involved in the corrupt or fraudulent practices
or debarred fromparticipating in public procurement shall not be
eligible.
2.2.1 The Tenderer shall bear all costs associated with the
preparation and submission ofits tender, and the County Government
of Siaya, will in no case be responsible or liable for thosecosts.
Regardless of the conduct or outcome of the tendering process
2.2.3 The County Government of Siaya shall allow the tenderer to
review the tender document free ofcharge before purchase.
2.3.1 The tender documents comprise the documents listed below
and addenda issued inaccordance with clause 2.5 of these
instructions to tenderers.
2.2 Cost of Tendering
2.3 Contents of Tender Document
(i)(ii)
Instructions to TenderersGeneral Conditions of ContractSpecial
Conditions of ContractSchedule of RequirementsDetails of Insurance
CoverForm of Tender
(iii)(iv)(v)(vi)(vii) Price Schedules
SECTION II INSTRUCTIONS TO TENDERERS-
2.1. Eligible Tenderers
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(viii) Contract Form(ix)(x)
Confidential Business Questionnaire FormTender security Form
(xi)(xii)
Performance security FormInsurance Companys Authorization
Form
(xiii) Declaration Form(xiv) Request for Review Form
2.3.2 The Tenderer is expected to examine all instructions,
forms, terms and specificationin the tender documents. Failure to
furnish all information required by the tenderdocuments or to
submit a tender not substantially responsive to the tenderdocuments
in every respect will be at the tenderers risk and may result in
therejection of its tender.
2.4 Clarification of Tender Documents
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2.4.2 The County Government of Siaya shall reply to any
clarifications sought by the tenderer within 3days of receiving the
request to enable the tenderer to make timely submission of its
tender.
2.5.3 In order to allow prospective tenderers reasonable time in
which to take theamendment into account in preparing their tenders,
the County Government of Siaya, at itsdiscretion, may extend the
deadline for the submission of tenders.
2.5.2 All prospective tenderers who have obtained the tender
documents will be notifiedof the amendment by post, fax or email
and such amendment will be binding onthem.
2.5.1 At any time prior to the deadline for submission of
tenders, the County Government of Siaya,for any reason, whether at
its own initiative or in response to a clarification requested by
aprospective tenderer, may modify the tender documents by issuing
and addendum.
Amendment of Tender Documents2.5
2.4.1A Candidate making inquiriesof the tender documents may
notify the County Government ofSiaya by post, fax or by email at
the County Government of Siayas address indicated inthe Invitation
for tenders. The County Government of Siaya will respond in writing
to anyrequest for clarification of the tender documents, which it
receives not later than seven (7)days prior to the deadline for the
submission of the tenders, prescribed by the CountyGovernment of
Siaya. Written copies of the Procuring entities response (including
anexplanation of the query but without identifying the source of
inquiry) will be sent to allcandidates who havereceived the tender
documents.
2.4.3 Preference where allowed in the evaluation of tenders
shall not exceed 15%
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2.6 Language of Tenders
2.7. Documents Comprising the Tender2.7.1 The tender prepared by
the tenderer shall comprise the following components:
(a) A Tender Form and a Price Schedule completed in accordance
withparagraph 2.8, 2.9 and 2.10 below
(b) Documentary evidence established in accordance with
paragraph 2.1.2that the tenderer is eligible to tender and is
qualified to perform thecontract if its tender is accepted;
(c)(d)
Tender security furnished in accordance with paragraph 2.12
(ifapplicable)Declaration Form.
2.8. Form of Tender2.8.1 The tenderer shall complete the Tender
Form and the Price Schedule furnished in
the tender documents, indicating the services to be
provided.2.9. Tender Prices2.9.1 The tenderer shall indicate on the
form of tender and the appropriate Price
Schedule the unit prices and total tender price of the services
it proposes to provideunder the contract.
2.9.2 Prices indicated on the Price Schedule shall be the cost
of the services quotedincluding all customs duties and VAT and
other taxes payable.
2.9.3 Prices quoted by the tenderer shall remain fixed during
the Term of the contractunless otherwise agreed by the parties.A
tender submitted with an adjustable pricequotation will be treated
as non-responsive and will be rejected, pursuant toparagraph
2.20.5
2.10. Tender Currencies2.10.1 Prices shall be quoted in Kenya
Shillings
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2.6.1 The tender prepared by the tenderer, as well as all
correspondence and documentsrelating to the tender exchanged by the
tenderer and the County Government of Siaya, shallbe written in
English language. Any printed literature furnished by the tenderer
maybe written in another language provided they are accompanied by
an accurate Englishtranslation of the relevant passages in which
case, for purposes of interpretation ofthe tender, the English
translation shall govern.
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2.12.1 The tenderer shall furnish, as part of its tender, a
tender security for the amount andform specified in the Appendix to
Instructions to Tenderers.2.12.2 The tender security shall not
exceed Kshs 200,000 of the tender price.2.12.3 The tender security
is required to protect the County Government of Siaya
against the risk of Tenderers conduct which would warrant the
securitysforfeiture, pursuant to paragraph 2.12.8
2.12.4 The tender security shall be denominated in Kenya
Shillings or in another freelyconvertible currency, and shall be in
the form
a) Cash.b) A bank guarantee.c) Such insurance guarantee approved
by the Authority.d) Letter of credit.
2.12.6 Unsuccessful Tenderers tender security will be discharged
or returned as promptlyas possible but not later than thirty (30)
days after the expiration of the period oftender validity
2.12.7 The successful Tenderers tender security will be
discharged upon the tenderersigning the contract, pursuant to
paragraph 2.28, and furnishing the performancesecurity, pursuant to
paragraph 2.29
2.12.8 The tender security may be forfeited:(a) if a tenderer
withdraws its tender during the period of tender validity.(b) in
the case of a successful tenderer, if the tenderer fails:
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2.11. Tenderers Eligibility and Qualifications2.11.1 Pursuant to
paragraph 2.1 the tenderer shall furnish, as part of its
tender,
documents establishing the tenderers eligibility to tender and
its qualifications toperform the contract if its tender is
accepted.
2.11.2 The documentary evidence of the tenderers qualifications
to perform the contractif its tender is accepted shall establish to
the County Government of Siayas satisfactionthat the tenderer has
the financial and technical capability necessary to perform
thecontract.
2.12.5 Any tender not secured in accordance with paragraph
2.12.1. and 2.12.3 shall berejected by the County Government of
Siaya as non-responsive, pursuant to paragraph2.20.5
2.12. Tender Security
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(i) to sign the contract in accordance with paragraph 2.28
or(ii) to furnish performance security in accordance with paragraph
2.29.
(c) If the tenderer reject correction of an arithmetic error in
the tender.2.13. Validity of Tenders2.13.1 Tenders shall remain
valid for 120 days after date of tender opening pursuant to
paragraph 2.18. A tender valid for a shorter period shall be
rejected by theCounty Government of Siaya as non-responsive.
2.13.2 In exceptional circumstances, the County Government of
Siaya may solicit theTenderers consent to an extension of the
period of validity. The request and theresponses thereto shall be
made in writing. The tender security provided underparagraph 2.12
shall also be suitably extended. A tenderer granting the
requestwill not be required nor permitted to modify its tender.
2.14. Format and Signing of Tenders2.14.1 The tenderer shall
prepare an original and a copy of the tender, clearly marking
each
ORIGINAL TENDER and COPY OF TENDER, as appropriate. In theevent
of any discrepancy between them, the original shall govern.
2.14.2 The original and all copies of the tender shall be typed
or written in indelible inkand shall be signed by the tenderer or a
person or persons duly authorized to bindthe tenderer to the
contract. All pages of the tender, except for un-amendedprinted
literature, shall be initialed by the person or persons signing the
tender.
2.14.3 The tender shall have no interlineations, erasures, or
overwriting except asnecessary to correct errors made by the
tenderer, in which case such correctionsshall be initialed by the
person or persons signing the tender.
2.15 Sealing and Marking of Tenders2.15.1 The tenderer shall
seal the original and the copy of the tender in separate
envelopes, duly marking the envelopes as ORIGINAL TENDER and
COPYOF TENDER. The envelopes shall then be sealed in an outer
envelope.
2.15.2 The inner and outer envelopes shall:(a)(b)
2.15.3 The inner envelopes shall also indicate the name and
address of the tenderer toenable the tender to be returned unopened
in case it is declared late.
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be addressed to the County Government of Siaya at the address
given in the Invitation toTender.bear tender number and name in the
invitation to tender and the words, DO NOT OPENBEFORE ,FRIDAY 10TH
/JULY/ 2015 at 12.00 PM.
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82.16.2 The County Government of Siaya may, at its discretion,
extend this deadline for thesubmission of tenders by amending the
tender documents in accordance with paragraph2.5.3 in which case
all rights and obligations of the County Government of Siaya
andcandidates previously subject to the deadline will thereafter be
subject to the deadline asextended.
2.16.3 Bulky tenders which will not fit the tender box shall be
received by the CountyGovernment of Siaya as provided for in the
appendix.
2.18.1 The County Government of Siaya will open all tenders in
the presence of tenderersrepresentatives who choose to attend, at
12.00 hours on FRIDAY 10TH /JULY/ 2015and in the location specified
in the invitation for tenders. The tenderersrepresentatives who are
present shall sign a register evidencing their attendance
2.15.4 If the outer envelope is not sealed and marked as
required by paragraph 2.15.2, the CountyGovernment of Siaya will
assume no responsibility for the tenders misplacement orpremature
opening.
2.16. Deadline for Submission of Tenders2.16.1 Tenders must be
received by the County Government of Siaya at the address
specified under paragraph 2.15.2 not later than FRIDAY 10TH
/JULY/ 2015 at12.00 PM
2.17. Modification and Withdrawal of Tenders
2.17.1 The tenderer may modify or withdraw its tender after the
tenders submission,provided that written notice of the
modification, including substitution orwithdrawal of the tenders,
is received by the County Government of Siaya priorto the deadline
prescribed for submission of tenders.
2.17.2 The tenderers modification or withdrawal notice shall be
prepared, sealed,marked and dispatched in accordance with the
provisions of paragraph 2.15. awithdrawal notice may also be sent
by fax or email but followed by a signedconfirmation copy,
postmarked not later than the deadline for submission
oftenders.
No tender may be modified after the deadline for submission of
tenders.2.17.32.17.4 No tender may be withdrawn in the interval
between the deadline for submission
of tenders and the expiration of the period of tender validity.
Withdrawal of atender during this interval may result in the
Tenderers forfeiture of its tendersecurity, pursuant to paragraph
2.12.7.
2.18. Opening of Tenders
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92.18.2 The tenderers names, tender modifications or
withdrawals, tender prices,discounts, and the presence or absence
of requisite tender security and such otherdetails as the County
Government of Siaya, at its discretion, may consider
appropriate,will be announced at the opening.
2.18.3 The County Government of Siaya will prepare minutes of
the tender opening, which will besubmitted to tenderers that signed
the tender opening register and will have made the request.
Clarification of Tenders
2.19.1 To assist in the examination, evaluation and comparison
of tenders the County governmentof siaya may, at its discretion,
ask the tenderer for a clarification of its tender. The request
forclarification and the response shall be in writing, and no
change in the prices or substance ofthe tender shall be sought,
offered, or permitted.
2.20.1 The County Government of Siaya will examine the tenders
to determine whether theyare complete, whether any computational
errors have been made, whether requiredsuretieshave been furnished,
whether the documents have been properly signed, and whether
thetenders are generally in order.
2.20.3 The County Government of Siaya may waive any minor
informality or non-conformity orirregularity in a tender which does
not constitute a material deviation provided such waiverdoes not
prejudice or affect the relative ranking of any tenderer.
2.19
2.19.2 Any effort by the tenderer to influence the County
Government of Siaya in the CountyGovernment of Siayas tender
evaluation, tender comparison or contract award decisionsmay result
in the rejection of the tenderers tender.
2.20 Preliminary Examination and Responsiveness
2.20.2 Arithmetical errors will be rectified on the following
basis. If there is a discrepancybetween the unit price and the
total price that is obtained by multiplying the unit priceand
quantity, the unit price shall prevail, and the total price shall
be corrected. If the candidatedoes not accept the correction of the
errors, its tender will be rejected, and its tender
securityforfeited. If there is a discrepancy between words and
figures, the amount in words will prevail
2.20.4 Prior to the detailed evaluation, pursuant to paragraph
2.20, the County Governmentof Siaya will determine the substantial
responsiveness of each tender to the tenderdocuments. For purposes
of these paragraphs, a substantially responsive tender is onewhich
conforms to all the terms and conditions of the tender documents
without materialdeviations the County Government of Siayas
determination of a tendersresponsiveness is to be based on the
contents of the tender itself without recourse toextrinsic
evidence.
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2.20.5 If a tender is not substantially responsive, it will be
rejected by the CountyGovernment of Siaya and may not subsequently
be made responsive by the tendererfor non-2.21. Conversion to
single currency
2.21.1 Where other currencies are used, the County Government of
Siaya will convert thosecurrencies to Kenya Shillings using the
selling exchange rate on the date of tender closing
2.22. Evaluation and Comparison of Tenders
2.22.2 The County Government of Siayas evaluation of a tender
will take into account, inaddition to the tender price, the
following factors, in the manner and to the extent indicatedin
paragraph 2.22.3.
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Conformity.
2.22.1 The County Government of Siaya will evaluate and compare
the tenders which have beendetermined to be substantially
responsive, pursuant to paragraph 2.20
(a)operational plan proposed in the tender;(b) deviations in
payment schedule from that specified in the Special Conditionsof
Contract
2.22.3 Pursuant to paragraph 2.22.2. the following evaluation
methods will be applied.(a) Operational Plan
(i) The County Government of Siaya requires that the services
under the Invitation forTenders shall be performed at the time
specified in the Schedule ofRequirements. Tenders offering to
perform longer than the County Government ofSiayas required
delivery time will be treated as non-responsive and rejected.(b)
Deviation in payment schedule
(i) Tenderers shall state their tender price for the payment on
scheduleoutlined in the special conditions of contract.Tenders will
be evaluated on the basisof this base price. Tenderers are,
however, permitted to state an alternativepayment schedule and
indicate the reduction in tender price they wish to offerfor such
alternative payment schedule. The County Government of Siaya
mayconsider the alternative payment schedule offered by the
selected tenderer.
2.22.4 The tender evaluation committee shall evaluate the tender
within 30 days from thedate of opening the tender.
provided by the Central Bank of Kenya.
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2.23. Contacting the County Government of Siaya2.23.1 Subject to
paragraph 2.19 no tenderer shall contact the County Government of
Siaya onany matter relating to its tender, from the time of the
tender opening to the time the contract is awarded.2.23.2 Any
effort by a tenderer to influence the County Government of Siaya in
its decisions ontender evaluation, tender comparison, or contract
award may result in the rejection of the Tendererstender.
2.24 Post-qualification2.24.1 The County Government of Siaya
will verify and determine to its satisfaction whether thetenderer
that is selected as having submitted the lowest evaluated
responsive tender is qualified toperform the contract
satisfactorily.2.24.2 The determination will take into account the
tenderer financial and technical capabilities.It will be based upon
an examination of the documentary evidence of the tenderers
qualificationssubmitted by the tenderer, pursuant to paragraph
2.11.2 , as well as such other information as theCounty Government
of Siaya deems necessary and appropriate2.24.3 An affirmative
determination will be a prerequisite for award of the contract to
the tenderer. Anegative determination will result in rejection of
the Tenderers tender, in which event the CountyGovernment of Siaya
will proceed to the next lowest evaluated tender to make a
similardetermination of that Tendererscapabilities to perform
satisfactorily.
2.25 Award Criteria2.25.1 Subject to paragraph 2.29 the County
Government of Siaya will award the contract to thesuccessful
tenderer whose tender has been determined to be substantially
responsive and has beendetermined to be the lowest evaluated
tender, provided further that the tenderer is determined tobe
qualified to perform the contract satisfactorily.2.25.2 To qualify
for contract awards, the tenderer shall have the following:-
(a) Necessary qualifications, capability experience, services,
equipment andfacilities to provide what is being procured.(b)(c)
Legal capacity to enter into a contract for procurementShall not be
insolvent, in receivership, bankrupt or in the process of being
wound up and is not the subject of legal proceedings relating to
the foregoing.(d) Shall not be debarred from participating in
public procurement.
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2.26. County Government of Siayas Right to accept or Reject any
or all Tenders2.26.1 The County Government of Siaya reserves the
right to accept or reject any tender, and toannul the tendering
process and reject all tenders at any time prior to contract award,
without therebyincurring any liability to the affected tenderer or
tenderers or any obligation to inform the affectedtenderer or
tenderers of the grounds for the County Government of Siayas
action. If the CountyGovernment of Siaya determines that non of the
tenders is responsive, the County Government ofSiaya shall notify
each tenderer who submitted a tender.2.26.2 The County Government
of Siaya shall give prompt notice of the termination to the
tenderers andon request give its reasons for termination within 14
days of receiving the request from any tenderer.2.26.3 A tenderer
who gives false information in the tender document about is
qualification or who refuses to enter into a contract after
notification of contract award shall be consideredfor debarment
from participating in future publicprocurement.
2.27 Notification of Award2.27.1 Prior to the expiration of the
period of tender validity, the County Government of Siaya will
notifythe successful tenderer in writing that its tender has been
accepted.2.27.2 The notification of award will signify the
formation of the contract subject to the signing of thecontract
between the tenderer and the County Government of Siaya pursuant to
clause 2.9.Simultaneously the other tenderers shall be notified
that their tenders were not successful.2.27.3 Upon the successful
Tenderers furnishing of the performance security pursuant to
paragraph 2.29the County Government of Siaya will promptly notify
each unsuccessful Tenderer and will discharge itstender security,
pursuant to paragraph 2.12
2.28 Signing of Contract2.28.1 At the same time as the County
Government of Siaya notifies the successful tenderer that itstender
has been accepted, the County Government of Siaya will
simultaneously inform the othertenderers that their tenders have
not been successful.2.28.2 Within fourteen (14) days of receipt of
the Contract Form, the successful tenderer shall sign anddate the
contract and return it to the County Government of Siaya.2.28.3The
contract will be definitive upon its signature by the two
parties.2.28.4 The parties to the contract shall have it signed
within 30 days from the date of
notification of contract award unless there is anadministrative
review request.
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2.29 Performance Security
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2.29.1 The successful tenderer shall furnish the performance
security in accordance with the Conditionsof Contract, in a form
acceptable to the County Government of Siaya.2.29.2 Failure by the
successful tenderer to comply with the requirement of paragraph
2.29 orparagraph 2.30.1 shall constitute sufficient grounds for the
annulment of the award and forfeiture of thetender security, in
which event the County Government of Siaya may make the award to
the next lowestevaluated tender or call for new tenders.
2.30 Corrupt or Fraudulent Practices2.30.1 The County Government
of Siaya requires that tenderers observe the highest standard of
ethicsduring the procurement process and execution of contracts. A
tenderer shall sign a declarationthat he has not and will not be
involved in corrupt or fraudulent practices.2.30.2 The County
Government of Siaya will reject a proposal for award if it
determines that thetenderer recommended for award has engaged in
corrupt or fraudulent practices in competingfor the contract in
question2.30.3 Further a tenderer who is found to have indulged in
corrupt or fraudulent practices risks beingdebarred from
participating in public Procurement in Kenya.
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Appendix to instructions to Tenderers
The following information for the procurement of insurance
services shall complement,supplement, or amend, the provisions on
the instructions to tenderers. Wherever there is aconflict between
the provisions of the instructions to tenderers and the provisions
of theappendix, the provisions of the appendix herein shall prevail
over those of the instructionsto tenderers.Instructionsto tenderers
Particulars of appendix to instructions to tenderers
Particulars of eligible tenderers: Insurance Brokers Registered
in Kenya2.1
2.10 Particulars of other currencies allowed. NoneParticulars of
eligibility and qualifications documents of evidence
required.Copies of:2.11 i) Certificate of Registrationii)
Certificate of valid tax complianceParticulars of tender security
if applicable. kshs 200,0002.12Particulars of tender security if
applicable. Kshs. 200,000 valid for anadditional thirty (30) days
after the expiry of the tender validity period i.e.upto 28TH
August, 20152.12.2Form of Tender Security: The Tender Security
shall be in the form of aGuarantee from a reputable bank or
insurance company approved by ThePublic Procurement Oversight
Authority (PPOA)Validity of Tenders: Tenders Shall remain valid for
120 days after date oftender opening i.e. upto 30th OCTOBER
2015
2.12.4
2.132.14.12.16.3
Copies of Tender Documents to be Submitted: An original and one
(1) copyBulky tenders which do not fit in the tender box shall be
delivered to the Supplychain Management Office.Tenderers are
required to submit copies of the following MANDATORYDOCUMENTS which
will be used during Preliminary Examination todetermine
responsiveness:1)
2)
3)
Copy of certificate of business registration [certificate of
incorporationfor the Broker]. Tenderers should have been in
existence for at least the lastfive (5) yearsCurrent certificate of
registration with the Insurance RegulatoryAuthority for the year
2013 Attached copy must be certified by theissuing office.
2.20.1
Copy of PIN Certificate14
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4)
5)
Current membership certificate from Association of Insurance
Brokersof Kenya (AIBK) for year 2015 - Attached copy must be
certified by theissuing officeMust have a Bank guarantee or a lien
from the Central Bank drawn in favourof the Insurance Regulatory
Authority of Kshs.3 Million deposited withthe Insurance Regulatory
Authority and a copy certified by IRA be submitted.The County
Government of Siaya may verify the information with the
issuingoffice
6)
7)
8)
Copy of the Current professional indemnity policy with a limit
of not lessthan Kenya shillings 50,000,000.00. The insurance cover
shall be valid withinthe proposed contract period and obtained from
reputable insurance company.Compensation shall be claimed against
this cover if the Broker is negligent orfails to perform any of its
obligations or provides services falling below thestandard set out
herein or is in breach of any of its material obligations underthe
contract Attached copy must be certified by IRA
Premium turnover- the Broker shall submit documentary
evidenceindicating that the premium underwritten over the last two
years (2012-2013, 2013-2014) was at least Kshs. 50,000,000.00 per
year i.e. aminimum total of Kshs. 100,000,000.00 for the last two
years. Theinformation should include a list of accounts
constituting the declaredpremiums underwritten, the contacts and
premium paid by each. TheCounty Government of Siaya reserves the
right to verify this information with theBrokers clients and or
with the Insurance Regulatory Authority.Evidence that the candidate
has paid the required taxes. The Broker to submita copy of the
current and valid Tax Compliance Certificate from the KenyaRevenue
Authority (KRA) for the Broker and the proposed Underwriter(s).
9) Tender Form duly Completed, Signed and Stamped by the
Tenderer in theformat provided.10)11)
Price Schedule duly Completed, Signed and Stamped by the
Tenderer in theformat provided.Must Submit a Tender Security of
Kshs. 200,000 in its original form valid
for an additional thirty (30) days after the expiry of the
tender validityperiod i.e. upto 28TH August, 2015 . The tender
Security shall be in form of aguarantee from a reputable bank
incorporated in Kenya or an insurance companyapproved by the Public
Procurement Oversight Authority (PPOA)
12)13)
Must submit a duly completed and signed Confidential
BusinessQuestionnaire in format providedMust submit their latest
audited financial statements for the last twoyears (i.e. either
2011 and 2012 or 2013 and 2014) for determiningsolvency and
liquidity.
14) Must have compliance certificate from NSSF or submit
evidence ofremittance for the last three (3)months
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15)16)
Must have Compliance certificate from NHIF or submit
evidenceremittance for the last (3) three monthsA disclosure of ALL
the public procurement entities that have engaged your
services in the last 3 years. The listing of public procurement
entities mustinclude their location, period of service, type of
policy and the underwriter, amountinsured, and claims turnaround
time based on the experience.
17)
18)
19)
The CVs/resumes of the four (4) Key professional staff
namedundersection 2.22 below [Step 2 Technical evaluation (b)
-Staffqualifications and experience]A written declaration signed by
the Firms Principal Officer that allinformation provided is
accurate and that any material misrepresentationcould lead to
disqualification or policy cancellation.
Mandatory qualifying requirements for the underwriters.The
broker must ascertain from the underwriters that they do not have
any
unpaid claims with The County Government of Siaya. The broker
Must submitthe following Mandatory requirements of the proposed
Underwriters withtheir tender for the underwriters to be eligible
for evaluation and contractaward. The recommended Underwriter(s)
may table the requisiterequirements / documents directly with the
County Government of Siaya. It is theresponsibility of the tenderer
to ensure that the requirements /documents are received by The
County Government of Siaya in sealedenvelopes by the tender closing
date. The tenderer should attach in their tenderdocument a letter
from the underwriter forwarding documents.
(i) Copy of certificate of Registration under Companies Act.The
insurance companies proposed by the Brokers should becompanies
registered under the companies Act and must have beeninexistence as
Insurance underwriters for the recommended businessfor a minimum
period of 5 years. The registered office and physicaladdress of the
insurance company must be indicated. A copy of thecertificate of
registration /incorporation must be submitted.
(ii)Certified copy of Registration with the Insurance
RegulatoryAuthority for the year 2015The proposed insurance
companies shall be registered with theInsurance Regulatory
Authority for the year 2013 and a copy of thelicense submitted. The
copy must be certified by the office of theInsurance Regulatory
Authority.
(iii) Certified copy of Registration as member of Association
ofKenya Insurers (AKI) for year 2015The proposed insurance
companies shall be registered members withAKI for the year 2015. A
copy of the membership certificate mustbe attached in the Brokers
tender document. The copy must becertified, by the Office of
AKI.
16
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(iv) Certified copies of Latest audited financial statements.The
Brokers shall submit proposed Underwriters audited financial
accounts forthe latest two (2) years i.e. 2013 and 2014 or 2014 and
2015. The Broker shallapply all reasonable means to ascertain the
solvency and financial securityof the relevant Underwriters
proposed to be appointed to The CountyGovernment of Siaya insurance
portfolio for Motor Vehicles Insurance Covers.The recommended
underwriter(s) may table the requisite statements directly withthe
County Government of Siaya. It is the responsibility of the
tenderer toensure that the statements are received by The County
Government of Siaya insealed envelopes by the tender closing date.
The tenderer should attach intheir tender document a letter from
the underwriter forwarding the financialstatements.(v) Premium
turnoverThe Underwriter proposed by the Broker shall have
underwritten premiumsin excess of Kshs. 1 billion for all
businesses with motor vehicle portfolio inexcess of Kshs. 100
million in each of the two years.(vi) Financial Ratios
The Underwriters proposed by the Broker must meet the
followingminimum acceptable ratios: -
a) Claims coverage ratio= minimum acceptable ratio is one (1)
without factoringreinsurance arrangements.
Claims coverage ratio = Net liquid assetsOutstanding claims
b) Current ratio= minimum acceptable ratio is one (1) without
factoringreinsurance arrangements.
Current ratio = Current AssetsCurrent liabilities
[The Brokers should indicate the ratios and thecalculations
therein, for all the proposed Underwriter(s)].(vii) Paid Up
CapitalThe recommended Underwriter shall have paid - up capital of
at least
Kshs.100million or as required by the Insurance regulatory
authority at the timeof tender submission.
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(viii) Other requirementsThe Brokers shall provide
statement/documentary evidence (whereappropriate) from the proposed
underwriters for the following:-Their experience in provision of
services of similar nature & magnitudein each of the last five
years. The information should include details ofservices underway
or contractually committed; and names and addressesof clients who
may be contacted for further information on thosecontracts.
Information regarding litigation, in which the insurer is
involved in,the parties concerned and the disputed
amounts.Qualifications and experience in insurance matters of the
keymembers of staff and diversity of their skills to cover relevant
risksof interest to The County Government of Siaya
The underwriter must provide a list of at least 5 major clients
and indicate theclients premium for the year 2013 and 2014 together
with their references andcontacts.
AT THIS STAGE, THE TENDERERS SUBMISSION WILL EITHERBE RESPONSIVE
OR NON RESPONSIVE. THE NON RESPONSIVESUBMISSIONS WILL BE ELIMINATED
FROM THE ENTIREEVALUATION PROCESS AND WILL NOT BE
CONSIDEREDFURTHER.
Evaluation and Comparison of TendersThe following evaluation
criteria shall be applied not withstanding any otherrequirement in
the tender documents.
SELECTION PROCESS
Below is a description of the evaluation steps that will be
adopted.STEP 1: PRELIMINARY EVALUATION2.22 This will be an
elimination stage where each vendors submission will bechecked for
completeness and compliance to the stated tender
submissionrequirements which include documents specified in
paragraph 2.20.1 above.At this stage, the vendor submission will
either be compliant ornon-compliant. The non-compliant submissions
will be eliminated from theentire evaluation process and will not
be considered further.
STEP 2: TECHNICAL EVALUATIONIn order to be technically
evaluated, tenderers should submit technicalproposals comprising
the following information:-(a) Firms Past experience:
18
A brief description of the firms organization and an outline of
experience onprovision of insurance services of a similar nature
for the last 5 years.
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(b) Staff qualifications and experience:The Broker should have a
minimum total number of four (4) professional/technical
staff(minimum qualification being University degree or
associateshipfrom reputable insurance institute).However the team
shall possess the academic and professional qualificationsset out
below: -i. The team proposed for the assignment shall comprise of
at least four (4)experienced personnel. This shall include the team
leader, one (1) seniormanagement staff and two (2) other management
staff.ii. The team leader shall have at least ten (10) years
experience as seniormanager, in general management in the insurance
industry and a minimumacademic /technical qualification of a
university degree or an associate of thechartered insurance
institute. Added advantage will be given to teams wherePrincipal
Officer/Managing Director is the team leader.iii. The senior
manager shall have at least seven (7) years experience as a
seniormanager, in general management in the insurance industry and
a minimumacademic/technical qualification of a University degree or
an associate of thechartered insurance institute.iv. The two (2)
other technical staff shall have at least five (5) years
managerialexperience in the insurance industry.The team as a whole
must comprise of at least (2) associates of the chartered
insurance institute or equivalent (such as the Insurance
Institute of Kenya).The Broker shall submit recent curriculum vitae
(CV) signed by the proposedprofessional staff and the authorized
representative submitting the proposal.Key information should
include number of years worked for broking firm andthe degree of
responsibility held in various assignments in the
insuranceindustry. The Broker shall not submit a name of a
professional staff that is notin the Brokers permanent employment
and shall inform The County governmentof siaya of changes, if any,
in proposed technical staff during the tender validityperiod.(c)
Proposed cover:
A demonstration of the candidates capability to arrange the
Motor VehicleInsurance covers. The County Government of Siaya will
attach highest value inimportance to Policy enhancements that add
value to the standard market coverand should include(i) The full
Terms and conditions of providing the insurance Brokerage
service;exclusion clauses, if any; excess clauses if any; and
evacuation plans andarrangements. The tenderers shall sign an
undertaking that the proposed coverswill at a minimum cover all the
details provided in Section VI - Description ofservices. The Broker
must provide detailed Risk notes/Cover summaries for eachpolicy in
the technical proposal
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(ii) Any additional information requested in the
specifications.
(d) Methodology and Work plan for claims settlement:The Broker
must illustrate the methodology and work plan (with
appropriatetiming) that will be used to carry out the assignments
and indicate the proposedclaims turn around period as more
particularly described in the scope of serviceunder schedule of
Requirements (Section V of this tender document).(e) Risk
management capacity:The Broker shall indicate their risk management
capacity. The Broker shall alsoillustrate the methodology to be
used to carry out loss control surveys andrecommendations noting
the viability of the recommendations with regard totime and
cost.
(f) Information management and technology systems in place.The
Brokers should have fully in place, suitable information
managementtechnology. Provide details(g) Proposed contract terms
and conditionsAll the contract terms and conditions and any other
underwriting requirementsMUST be clearly disclosed in the technical
proposal.The Technical Evaluation will be undertaken as stipulated
in SECTION VII(7.7) TECHNICAL EVALUATION RESPONSE FORM TO ARRIVE
ATTHE TECHNICAL SCORE (St).THE TECHNICAL PROPOSALS WILL BE MARKED
OUT OF 100 ANDTHE MINIMUM TECHNICAL SCORE REQUIRED TO PROCEED
TOFINANCIAL EVALUATION IS 75%. TENDERERS WHO FAIL TOSECURE THE
MINIMUM TECHNICAL SCORE WILL BE ELIMINATEDFROM THE ENTIRE
EVALUATION PROCESS AND WILL NOT BECONSIDERED FURTHER.STEP 3:
FINANCIAL EVALUATIONIn order to be financially evaluated, tenderers
should submit financialproposals comprising the following
information:-1) The tenderer shall provide in its financial
proposal the particulars required, thepercentage rate of of the
services it proposes to provide under the contract. Inpreparing the
Financial Proposal, Brokers are expected to take into account
therequirements and conditions outlined in the tender document.2)
The Financial Proposal should include all, the local Taxes, duties,
fees, leviesand other charges imposed under the law. Prices quoted
by the tenderer shall befixed during the Tenders performance of the
contract and not subject to variation.
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STEP 3: SELECTING THE LOWEST BIDDERThe County Government of
Siaya recognizes that the best placed broker to providethe
brokerage services is the one that best understands the insurance
industry andthe requirements of the client as represented in
quality of the technical proposal.Therefore the weight allocated to
the technical vis--vis the price is 80:20. Thelowest evaluated bid
will be selected on the basis of those weights by combiningthe
processed technical and financial score as follows:-
Step 1Calculate the weighted technical scores of each bidder as
follows:-Marks achieved by a particular bidder divided by highest
mark achieved in theevaluation, multiplied by the technical
weighting (.8).Step 2Calculate the weighted financial scores of
each bidder as follows:-Lowest quoted price (inclusive of taxes and
levies) for the policy divided byprice(inclusive of taxes and
levies) quoted by particular bidder, multiplied bythe financial
weighting (.2).Step 3Add the weighted technical and financial
scores (step1 plus step2) for eachbidder and obtain the sum.Step
4Rank the bidders and select bidder with the highest points as the
lowestevaluated bidder.Step 5Make recommendations in accordance
with the findings of step 4.
Particulars of post qualification if applicable.
The County Government of Siaya may carry out post vendor
Evaluation ofthe recommended bidder to validate the Information
provided in the tenderl prior to signing of a contract pursuant to
the provisions of the PublicProcurement and Disposal
Regulations.
2.24 (a)
2.24.4 Award Criteria: Recommendation of the Lowest Evaluated
BidderThe Lowest evaluated bid will be the one that obtains the
highest combinedtechnical and financial scores.
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2.27Others asnecessary
Particulars of performance security if applicable. N/AComplete
as necessary. None
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GENERAL CONDITIONS OF CONTRACT3.1. Definitions
3.1.1 In this Contract, the following terms shall be interpreted
as indicated:(a) The Contract means the agreement entered into
between the County Government of
Siaya and the tenderer, as recorded in the Contract Form signed
by the parties,including all attachments and appendices thereto and
all documents incorporated byreference therein.(b)
(c)
The Contract Price means the price payable to the tenderer under
the Contractfor the full and proper performance of its contractual
obligationsThe Services means services to be provided by the
tenderer including anydocuments, which the tenderer is required to
provide to the County Government ofSiaya under the Contract.
(d)
(e)
(f)
The County Government of Siaya means the organization procuring
the servicesunder this ContractThe Contractor means the
organization or firm providing the services under thisContract.GCC
means the General Conditions of Contract contained in this
section.(g)
(h)SCC means the Special Conditions of ContractDay means
calendar day
3.2. Application3.2.1 These General Conditions shall apply to
the extent that they are not superceded by provisions of
other part of the contract3.3. Standards
3.3.1 The services provided under this Contract shall conform to
the standards mentionedin the schedule of requirements.3.4. Use of
Contract Documents and Information
3.4.1 The Contractor shall not, without the County Government of
Siayas prior written consent,disclose the Contract, or any
provision thereof, or any specification, plan, drawing,pattern,
sample
or information furnished by or on behalf of the County
Government of Siaya in connectiontherewith, to any person other
than a person employed by the contractor in the performanceof the
Contract.
SECTION III
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3.4.2 The Contractor shall not, without the County Government of
Siayas prior written consent,make use of any document or
information enumerated in paragraph 2.4.1 above.
3.4.3 Any document, other than the Contract itself, enumerated
in paragraph 2.4.1 shall remain theproperty of the County
Government of Siaya and shall be returned (all copies) to theCounty
Government of Siaya on completion of the contracts or performance
under the Contractif so required by the County Government of
Siaya.
24
3.5. Patent Rights3.5.1 The Contractor shall indemnify the
County Government of Siaya against all third-party
claims of infringement of patent, trademark, or industrial
design rights arising from use of theservices under the contract or
any part thereof.3.6 Performance Security
3.6.1 Within twenty eight (28) days of receipt of the
notification of Contract award, the successfultenderer shall
furnish to the County Government of Siaya the performance security
whereapplicable in the amount specified in SCC
3.6.2 The proceeds of the performance security shall be payable
to the County governmentof siaya as compensation for any loss
resulting from the Tenderers failure to complete itsobligations
under the Contract.
3.6.3 The performance security shall be denominated in the
currency of the Contract,Or in a freely convertible currency
acceptable to the County Government of Siaya and shall bein the
form of:
a) Cash.b) A bank guarantee.c) Such insurance guarantee approved
by the Authority.d) Letter of credit.
3.6.4 The performance security will be discharged by the County
Government of Siaya and returnedto the Candidate not later than
thirty (30) days following the date of completion of theContractors
performance of obligations under the Contract, including any
warrantyobligations, under the Contract.3.7. Delivery of services
and Documents
3.7.1 Delivery of the services shall be made by the Contractor
in accordance with the termsspecified by the County Government of
Siaya in the schedule of requirements and thespecial conditions of
contract3.8. Payment
3.81. The method and conditions of payment to be made to the
contractor under this Contractshall be specified in SCC
3.82. Payment shall be made promptly by the County Government of
Siaya, but in no case later thansixty (60) days after submission of
an invoice or claim by the contractor
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3.9. Prices3.9.1 Prices charges by the contractor for Services
performed under the Contract shall not, with the
exception of any price adjustments authorized in SCC vary from
the prices quoted by the tendererin its tender or in the County
Government of Siayas request for tender validity extension the
casemay be. No variation in or modification to the terms of the
contract shall be made except bywritten amendments signed by the
parties.
3.9.2 Contract price variations shall not be allowed for
contracts not exceeding one year (12 months)3.9.3 Where contract
price variation is allowed the variation shall not exceed 10% of
the original
contract price3.9.4 Price variation requests shall be processed
by the County Government of Siaya within 30
days of receiving the request.3.10. Assignment
3.10.1 The Contractor shall not assign, in whole or in part, its
obligations to perform under this Contract,except with the County
Government of Siayas prior written consent.3.11. Termination for
Default
3.11.1 The County Government of Siaya may, without prejudice to
any other remedy for breach ofContract, by written notice of
default sent to the Contractor terminate this Contract in whole or
inpart:(a) if the Contractor fails to provide any or all of the
services within the period(s) specified in
the Contract, or within any extension thereof granted by the
County Government ofSiaya.
(b)(c)
If the Contractor fails to perform any other obligation(s) under
the ContractIf the Contract in the judgment of the County
Government of Siaya has engaged incorrupt or fraudulent practices
in competing for or in executing the contract
3.11.2 In the event the County Government of Siaya terminates
the contract in whole or in part,it may procure, upon such terms
and in such manner as it deems appropriate, servicessimilar to
those un-delivered, and the Contractor shall be liable to the
County Government ofSiaya for any excess costs for such similar
services. However the contractor shall continueperformance of the
contract to extent not terminated.
3.12. Termination for Insolvency3.12.1 The County Government of
Siaya may at any time terminate the contract by giving written
notice to the Contractor if the contractor becomes bankrupt or
otherwise insolvent. In this event,termination will be without
compensation to the contractor, provided that such termination
willnot prejudice or affect any right of action or remedy, which
has accrued or will accrue thereafterto the County Government of
Siaya.
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3.13. Termination for Convenience
26
3.13.1 The County Government of Siaya by written notice sent to
the contractor, may terminate thecontract in whole or in part, at
any time for its convenience. The notice of termination
shallspecify that the termination is for the procuring entities
convenience, the extent to whichperformance of the contractor of
the contract is terminated and the date on which suchtermination
becomes effective.
3.13.2 For the remaining part of the contract after termination
the County Government of Siaya mayelect to cancel the services and
pay to the contractor an agreed amount for partiallycompleted
services.
3.14 Resolution of Disputes3.14.1 The County Government of Siaya
and the contractor shall make every effort to resolve
amicably by direct informal negotiations and disagreement or
disputes arising between themunder or in connection with the
contract
3.14.2 If after thirty (30) days from the commencement of such
informal negotiations both partieshave been unable to resolve
amicably a contract dispute either party may require that
thedispute be referred for resolution to the formal mechanisms
specified in the SCC.
3.15. Governing Language3.15.1. The contract shall be written in
the English language. All correspondence and other documents
pertaining to the contract, which are exchanged by the parties
shall be written in the samelanguage.
3.16. Applicable Law3.16.1 The contract shall be interpreted in
accordance with the laws of Kenya unless otherwise
expressly specified in the SCC.3.17 Force Majeure
3.17.1 The Contractor shall not be liable for forfeiture of its
performance security, ortermination for default if and to the
extent that its delay in performance or other failureto perform its
obligations under the Contract is the result of an event of Force
Majeure.
3.18 Notices3.1.1 Any notices given by one party to the other
pursuant to this contract shall be sent to
the other party by post or by Fax or Email and confirmed in
writing to the otherpartys address specified in the SCC.
3.1.2 A notice shall be effective when delivered or on the
notices effective date, whicheveris later.
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SECTION IV SPECIAL CONDITIONS OF CONTRACT
General conditionsof contract reference Special conditions of
contract
3.53.7
Specify performance security if applicable: N/ASpecify method
Payments. Premiums will be paid within30 days of receipt of Invoice
/ Demand NoteSpecify price adjustments allowed. None3.8
3.14 Specify resolution of disputes. Disputes to be settled
asper the Arbitration Laws of Kenya
3.163.18
Specify applicable law. Laws of KenyaIndicate addresses of both
parties.Client:The County Government of Siaya
P.O.BOX 803-40600SIAYA
Others as Complete as necessarynecessary
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SECTION V - SCHEDULE OF REQUIREMENTS
(1) GENERALThe County Government of Siaya seeks to engage an
Insurance Broker to provide insurance brokerageservices for motor
vehicle insurance as per the details provided in section VI
Description ofservices:-The contract will be for an initial period
of one year from the date of renewable annuallyupto to maximum of
three (3) years subject to satisfactory performance. During this
period,the insurer will be required to maintain all the required
licenses.
28
Annex Attached at the Back of the Document ,gives the location
of theMotor Vehicles to be insured and Prospective underwriters are
expected tovisit the Locations and ascertain the Exact values of
the Vehicles beforegiving their Quotations. The number will however
fluctuate during thecontract period.
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29
The vehicles will be valued by reputable motor vehicle valuers
agreed on by both parties and thepremiums payable will be based on
the current values calculated using the percentages (% es)given by
the tenderers.
(2) OTHERS DETAILSThe scope of services for the Broker will
include and not limited to the following: -i) Structuring and
obtaining optimum policy covers from the Underwriters in accordance
with thetenders submitted.ii) Analyze, Review, Scrutinize the
policy documents and any endorsements therein. The cover provided
by
the underwriter should be as in the tender document and should
not berestricted, by way of warranties,endorsements or special
conditions subject to award. If theentire policy document is found
to besatisfactory, such document to be deposited with The County
Government of Siaya not later than fifteen(15) days from the
inception of cover.
iii)
iv)
Remit to the Underwriters all premiums paid by The County
Government of Siaya or CountyGovernment of Siaya appointed agent in
accordance with the provisions and requirements of theInsurance
Act.Ensure proper claims administration by fully coordinating
prudent requirements between The CountyGovernment of Siaya and the
selected Underwriter.
v) Ensure all fully documented claims are settled within
twenty-one (21) days.vi) Ensure preparation of monthly claims
bordereaux reports, which must be submitted to The CountyGovernment
of Siaya by the 15 of the following month.vii) Negotiate amicably
with the qualified Underwriter on any other pertinent aspects of
the policy that
may arise during the term of policy.viii)ix)
Ensure motor certificates are received in County Government of
Siaya offices, within 12 hoursUpon request.Arrange quarterly
meetings to review performance of the policy by 15th of the
following quarter.
x) Carry out loss control surveys and make appropriate risk
improvement recommendation.xi) Ensure that the sums insured under
the policy will be adjustable accordingly by suitablemeans at
thediscretion of The County Government of Siaya from time to
time.xii) Assign a messenger to collect/deliver insurance mail on
daily basis or as need arises.xiii) Such other service as may be
related or ancillary to the due performance of the above work.
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30
REQUIREMENTS FOR THE INSURANCE COMPANY WHERE THE RISK ISPROPOSED
TO BE PLACED:-(3)
The Insurance Broker will be required to provide the following
detailsi) Name of the Underwriterii) Evidence of legal capacity to
enter into insurance contracts, including: -
--RegistrationAppropriate licensing
iii)
iv)
(4)
List of directors, auditors, bankers and principal shareholders
as at end of last financial year.
Names, qualification and relevant experience of the technical
staff of the company
UNDERTAKINGS BY THE UNDERWRITERThe underwrite will be required
to provide the following undertaking
i) Statement confirming that all information supplied is
accurate and that any materialmisrepresentation could lead to
policy cancellation.
ii)
iii)
Statement confirming that processing of any claims during the
duration of the policy shallnot exceed the latest average claims
processing period given above.Statement confirming that the
Companys ability to settle shall not be compromised duringpolicy
duration and further that any erosion of such ability could lead to
the cancellation ofthe policy.All statements, to be signed by an
authorized official of the company.
(5) FACILITIES TO BE PROVIDED BY THE COUNTY GOVERNMENT OF
SIAYA(i) Provide information required for the Assignment within
reasonable time of request.
Provide timely comments and or documents prepared for the
Assignment.(ii)(iii) Provide any such details as may be requested
by tenderer/underwriter from time to time.(iv)(v)
Provide premises and facilitate meetings.Facilitate and
co-ordinate Loss Control Surveys.
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SECTION VI-DESCRIPTION OF SERVICES
(1) MOTOR PRIVATE COMPREHENSIVE COVER-SALOON CARS
POLICYPERIOD
Motor Private Comprehensive InsuranceOne Year from Date of
Commencement, Renewable annually subject tosatisfactory performance
upto a maximum of three yearsComprehensiveProvides Indemnity to the
insured for loss or damage to motor vehiclesand its accessories and
spare parts whilst thereon as well as third partyliability
occasioned by use of the vehicle.
SCOPE OFCOVER
INTEREST ANDSUM INSUREDLIMITS OF
As per schedule annexed hereofThird Party Persons -
Unlimited
LIABILITYThird Party Property - Kshs.10 millionPassenger
Liability Claims - Kshs.4 million per person,Towing Charges -
Kshs.50,000/=Repair Authority - Kshs.50,000/=Medical Expenses -
Kshs.50,000/=
Kshs.12 million per event
Radio Cassette Replacement ValueWindscreen - Kshs. Replacement
ValueProvide a replacement vehicle in case of unavailability of
insuredvehicles and indicate conditions therein
EXCESS 2.5% of claim amount maximum
Kshs.10,000CANCELLATIONNOTICE Sixty (60) DaysEXTENSIVECLAUSES
1. Including Passenger Legal Liability2. Including Liability of
passengers acts of negligence3. Including Strike, riot and civil
commotion4. Including Windscreen/window glass damage clause5.
Including Unspecified radio/cassette damage clause6. Including
earthquakes, floods and all special perils7. Including Use by motor
trader8. Including unobtainable parts clause9. Including Personal
effects Kshs.100,00010. No fault No Excess
Geographical Area East Africa
(2) MOTOR COMMERCIAL COMPREHENSIVE COVERPOLICY Motor Commercial
ComprehensivePERIOD One Year from Date of Commencement, Renewable
annually subject tosatisfactory performance upto a maximum of three
years Comprehensive
SCOPE OF COVERProvides Indemnity to the insured for loss or
damage to motor vehiclesand its accessories and spare parts whilst
thereon as well as third partyliability occasioned by use of the
vehicle.
31
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INTEREST AND SUMINSURED As per schedule annexed hereof
LIMITS OF LIABILITY Third Party Persons - UnlimitedThird Party
Property - Kshs.10 millionPassenger Liability Claims - Kshs.4
million per person,-
Towing Charges - Kshs.50,000/=Repair Authority -
Kshs.50,000/=Medical Expenses - Kshs.50,000/=
Kshs.12 million per event
Radio Cassette Replacement ValueWindscreen - Kshs. Replacement
ValueProvide a replacement vehicle in case of unavailability of
insured vehiclesand indicate conditions therein
EXCESS 2.5% of claim amount maximum Kshs.50,000CANCELLATION
NOTICE
EXTENSIVE CLAUSES
Sixty (60) Days1. Including Passenger Legal Liability2.
Including Liability of passengers acts of negligence3. Including
Strike, riot and civil commotion4. Including Windscreen/window
glass damage clause5. Including Unspecified radio/cassette damage
clause6. Including earthquakes, floods and all special perils7.
Including Use by motor trader8. Including unobtainable parts
clause9. Including Personal effects Kshs.100,00010. No fault no
excess
Geographical Area East Africa(3) MOTOR PRIVATE THIRD PARTY
COVER-SALOON CARS
POLICY Motor Private Third Party InsurancePERIOD One Year from
Date of Commencement,, Renewable annually subject tosatisfactory
performance upto a maximum of three years
Legal liability to third parties arising out of use of motor
vehicle ownedand/or operated by the insured
SCOPE OFCOVER
INTEREST ANDSUM INSUREDLIMITS OF
As per schedule annexed hereofThird Party Persons -
Unlimited
LIABILITY Third Party Property - Kshs.10 millionPassenger
Liability Claims - Kshs.4 million per person,- Kshs.12 million per
event
EXCESS 2.5% of claim amount maximum Kshs.10,000Sixty (60)
DaysCANCELLATION
NOTICEEXTENSIVECLAUSES
1. Including Liability of passengers acts of negligence2.
Including Use by motor trader3. Including Motor Contingent
liability4. No fault, No Excess
Geographical Area East Africa
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(4) MOTOR COMMERCIAL THIRD PARTYCOVERPOLICY Motor Commercial
Third Party InsurancePERIOD One Year from Date of Commencement,
Renewable annually subject tosatisfactory performance upto a
maximum of three years
Legal liability to third parties arising out of use of motor
vehicle ownedand/or operated by the insuredSCOPE OFCOVER
INTEREST ANDSUM INSUREDLIMITS OF
As per schedule annexed hereofThird Party Persons -
UnlimitedLIABILITY Third Party Property - Kshs.10 millionPassenger
Liability Claims - Kshs.4 million per person,- Kshs.12 million per
event
EXCESS 2.5% of claim amount maximum Kshs.50,000Sixty (60)
Days
EXTENSIVECLAUSES
1. Including Liability of passengers acts of negligence2.
Including Use by motor trader3. Including Motor Contingent
liability4. No fault, No Excess
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CANCELLATIONNOTICE
GeographicalArea East Africa
Note: The County Government of Siaya is at liberty to select
either a comprehensive insurancepolicy or a third party insurance
policy for all or part of the motor vehicles listed in the
priceschedule.
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SECTION VII- STANDARD FORMSNotes on the standard Forms7.1 Form
of Tender - The form of Tender must be completed by the
tenderer and submitted with the tender documents. It must also
be duly signed byduly authorized representatives of the
tenderer.
7.2
7.3
Price Schedule Form -completed and submitted with the
tender.
The price schedule form must similarly be
Contract Form - The contract form shall not be completed by the
tenderer atthe time of submitting the tender. The contract form
shall be completed aftercontract award and should incorporate the
accepted contract price.
7.4
7.5
Confidential Business Questionnaire Form -by the tenderer and
submitted with the tender documents.
This form must be completed
Tender Security Form - When required by the tender document
thetenderer shall provide the tender security either in the form
included hereinafter orin another format acceptable to the County
Government of Siaya.
7.6 Performance security Form - The performance security form
should notbe completed by the tenderer at the time of tender
preparation. Only thesuccessful tenderer will be required to
provide performance security in the formprovided herein or in
another form acceptable to the County Government of Siaya.
7.7
7.8
Evaluation Response Form -tenderer and submitted with the tender
documents as it will be used for technicalevaluation.
This form should be completed by the
Tenderers Experience Requirement Form - This form should
becompleted by the tenderer and submitted with the tender documents
as it will beused for evaluation.
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TABLE OF CONTENTS Page
7.17.27.37.47.57.67.77.8
Form of tender 3637383940414250
Price schedules Contract form Confidential Questionnaire
form
Evaluation Response Form ..Tenderers Experience Requirement
Form
35
Tender Security Form .... ..Performance Security Form . .
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7.1 Form of Tender Date____________________________Tender
No.CGS/MVIBS/2015-2016/
To: The County Government of SiayaP. O. Box
803-40600SIAYASir/Madam:
Having examined the Tender documents including Addenda Nos.[..],
the receipt ofwhich is hereby duly acknowledged, we, the
undersigned, offer to Provide Motor VehicleInsurance Brokerages
Services in conformity with the said Tender documents in
thepercentages indicated here below or such other sums as may be
ascertained in accordancewith the Schedule of Prices attached
herewith and made part of this Tender.No.1
Cover % Rate PremiumMotor Private Comprehensive Cover saloon
CarsMotor Commercial Comprehensive CoverMotor Private Third Party
Cover-Saloon CarsMotor Commercial Third Party cover
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We undertake, if our Tender is accepted, to deliver the Services
in accordance with thedelivery schedule specified in the Schedule
of Requirements.We agree to abide by this Tender for the Tender
validity period specified in Clause 2.13of the Appendix to
Instructions to Tenderers, and it shall remain binding upon us
andmay be accepted at any time before the expiration of that
period.We are not participating, as Tenderers, in more than one
Tender in this Tenderingprocess.Our firm, its affiliates or
subsidiaries including any subcontractors or suppliers for anypart
of the contract has not been declared ineligible by the Government
of Kenya underKenyan laws.Until a formal Contract is prepared and
executed, this Tender, together with your writtenacceptance thereof
and your notification of award, shall constitute a binding
Contractbetween us.We understand that you are not bound to accept
the lowest or any Tender you mayreceive.
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We certify/confirm that we comply with the eligibility
requirements as per ITT Clause2.11 of the Tender documents
Dated this ________________ day of ________________
20______.(Name)
[signature] [in the capacity of]Duly authorized to sign Tender
for and on behalf of ______________________________
_________________ __________________________
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7.2 Price Schedule FormPlease give the percentage rate of
premiums for each of the categories
% RateRecommendedUnderwriterNo. Cover
Premium1
2
3
4
Motor Private ComprehensiveCover saloon CarsMotor
CommercialComprehensive CoverMotor PrivateThird Party
Cover-Saloon CarsMotor Commercial Third Partycover
Note:(1) The County Government of Siaya is at liberty to select
either a comprehensiveinsurance policy or a third party insurance
policy for all or part of its fleet of motorvehicles.(2) The
vehicles will be valued and the percentages used to calculate the
premiums.
(3) The successful bidders and the County Government of Siaya
will agree on whoto carry out valuation among reputable firms /
Government Institutions.
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7.3 Contract Form (To be filled after contract award)THIS
AGREEMENT made the
[name of Procurement entity] ofday of
[country of Procurement entity]20 between
(hereinafter called the County Government of Siaya) of theone
part and
[name oftenderer] of
[city and country of tenderer] (hereinafter called theTenderer
of the other part:
WHEREAS the County Government of Siaya invited tenders for the
GPA cover and has accepted atender bythe tenderer for the supply of
the services in the sum of
[contract price in words in figures](hereinafter called the
Contract Price).NOW THIS AGREEMENT WITNESSTH AS FOLLOWS:-1. In this
Agreement words and expressions shall have the same meanings as
arerespectively assigned to them in the Conditions of Contract
referred to.2. The following documents shall be deemed to form and
be read and construed aspart of this Agreement, viz:
(a)(b)(c)(d)(e)(f)
the Tender Form and the Price Schedule submitted by the
tenderer;the Schedule of Requirementsthe Details of coverthe
General Conditions of Contractthe Special Conditions of Contract;
andthe County Government of Siayas Notification of Award
3.In consideration of the payments to be made by the County
Government of Siaya to thetenderer as
Herein after mentioned, the tenderer hereby covenants with the
County Government of Siaya toprovide the GPA cover and to remedy
defects therein in conformity in all respects with the provisionsof
the Contract.
4.The County Government of Siaya hereby covenants to pay the
tenderer in consideration of theproision of services and the
remedying of defects therein, the Contract Price or such other sum
as maybecome payable under the provisions of the contract at the
times and in the manner prescribed by thecontract.IN WITNESS
whereof the parties hereto have caused this Agreement to be
executed inaccordance with their respective laws the day and year
first above written
Signed, sealed, delivered bySigned, sealed, delivered by
thethe
(for the CountyGovernment of Siaya)(for the tenderer) in the
presence of
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7.4 CONFIDENTIAL BUSINESS QUESTIONNAIREPart 2 (a), 2(b) or 2(c)
whichever applied to your type of business.You are advised that it
is a serious offence to give false information on this form.
Part 1 GeneralBusiness Name
..........................................................................................................................................Location
of Business Premises
.................................................................................................................Plot
No,....................................................................
Street/Road
..............................................................Postal
address .............................. ..Tel No. .....Fax No. .
Email ...............
......................................................Nature of
Business
....................................................................................................................................Registration
Certificate No.
.......................................................................................................................Maximum
value of business which you can handle at any one time Kshs.
............................................Name of your bankers
...............................................................................................................................Branch
.......................................................................................................................................................
Part 2 (a) Sole ProprietorYour name in
full...Age...Nationality..Country of Origin....Citizenship details
...
Part 2 (b) PartnershipGiven details of partners as follows
Name Nationality Citizenship details Shares1.2.3.4.
...
Part 2 (c) Registered CompanyPrivate or PublicState the nominal
and issued capital of companyNominal Kshs.Issued Kshs.Given details
of all directors as followsName Nationality Citizenship details
Shares1.2.3.4.
Date.Signature of Candidate..
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7.5 TENDER SECURITY FORM
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Bank/insurance co letterhead
Whereas . [name of the tenderer](hereinafter called the
tenderer) has submitted its tender dated . [date ofsubmission of
tender] for the supply, installation and commissioning of[name
and/or description of the equipment] (hereinafter called theTender)
.. KNOW ALL PEOPLE by these presentsthat WE of . having our
registered office at
(hereinafter called the Bank/Insurance Company), are boundunto
.. [name of County Government of Siaya} (hereinafter called the
CountyGovernment of Siaya) in the sum of.. for which payment well
and truly to be made to the said County Government ofSiaya,the
Bank/Insurance Company binds itself, its successors, and assigns by
these presents.
Sealed with the Common Seal of the said Bank/Insurance Company
this ____day of20.THE CONDITIONS of this obligation are:-
1. If the tenderer withdraws its Tender during the period of
tender validityspecified by the tenderer on the Tender Form; or
2. If the tenderer, having been notified of the acceptance of
its Tender by theCounty Government of Siaya during the period of
tender validity:fails or refuses to execute the Contract Form, if
required; orfails or refuses to furnish the performance security in
accordance with theInstructions to tenderers;
We undertake to pay to the County Government of Siaya up to the
above amount upon receipt ofits firstwritten demand, without the
County Government of Siaya having to substantiate its demand,
providedthat inits demand the County Government of Siaya will note
that the amount claimed by it is due to it, owingto theoccurrence
of one or both of the two conditions, specifying the occurred
condition orconditions.This tender guarantee will remain in force
up to and including thirty (30) days after theperiod of tender
validity, and any demand in respect thereof should reach
theBank/Insurance Company not later than the above date.[signature
of the Bank/Insurance
Company]____________________________[seal]
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7.6 PERFORMANCE SECURITY FORM
To:.[Name of GCounty overnmentof Siaya]
WHEREAS . [name of tenderer](Hereinafter called the tenderer)
has undertaken, in pursuance of Contract No.
20to supply . [description of insurance services]
(Hereinafter called the Contract)AND WHEREAS it has been
stipulated by you in the said Contract that the tenderer
shallfurnish you with a bank guarantee by a reputable bank for a
sum specified therein assecurity for compliance with the Tenderers
performance obligations in accordance withthe ContractAND WHEREAS
we have agreed to give the tenderer a guarantee:THERFEFORE WE
hereby affirm that we are Guarantors and responsible to you,
onbehalf of the tenderer, up to a total of [amount of the guarantee
in words and figures ], and we undertake to pay you, upon yourfirst
written demand declaring the tenderer to be in default under the
Contract and withoutcavil or argument, any sum of money within the
limits of [Amount of guarantee] as aforesaid,without your needing
to prove or to show grounds or reasons for your demand or the
sumspecified therein.This guarantee is valid until the day of
20Signature and seal of the Guarantors
[Name of bank of financial institution][Address][Date]
(Amend accordingly if provided by Insurance Company)
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[reference number of the contract] dated
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7.7 EVALUATION CRITERIA7.7.1 EVALUATION RESPONSE FORMS7.7.1.1
Preliminary Evaluation Checklist
Tenderers are advised that at this stage, the tenderers
submission will either beresponsive or non-responsive. The
non-responsive submissions will be eliminated fromthe entire
evaluation process and will not be considered further.No.
Parameters / Requirements Submitted /Not Submitted1 Copy of
certificate of business registration [certificate ofincorporation
for the Broker]. Tenderers should have been in
existence for at least the last five (5) years2 Current
certificate of registration with the Insurance RegulatoryAuthority
for the year 2013 Attached copy must be certified by the
issuing office.34
Copy of PIN CertificateCurrent membership certificate from
Association of InsuranceBrokers of Kenya (AIBK) for year 2013 -
Attached copy must becertified by the issuing office
5
6
Must have a Bank guarantee or a lien from the Central Bank
drawnin favour of the Insurance Regulatory Authority of Kshs.3
Milliondeposited with the Insurance Regulatory Authority and a
copycertified by IRA be submitted. The County Government of
Siayamay verify the information with the issuing officeCopy of the
Current professional indemnity policy with a limit ofnot less than
Kenya shillings 50,000,000.00. The insurance covershall be valid
within the proposed contract period and obtained fromreputable
insurance company. Compensation shall be claimedagainst this cover
if the Broker is negligent or fails to perform any ofits
obligations or provides services falling below the standard set
outherein or is in breach of any of its material obligations under
thecontract Attached copy must be certified by IRA
7
8
Premium turnover- the Broker shall submit documentary
evidenceindicating that the premium underwritten over the last two
years(2012-2013, 2013-2014) was at least Kshs. 50,000,000.00 per
yeari.e. a minimum total of Kshs. 100,000,000.00 for the last two
years.The information should include a list of accounts
constituting thedeclared premiums underwritten, the contacts and
premium paid byeach. The County reserves the right to verify this
information with theBrokers clients and or with the Insurance
Regulatory Authority.Evidence that the candidate has paid the
required taxes. The Brokerto submit a copy of the current and valid
Tax Compliance Certificate
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No. Parameters / Requirements Submitted /Not Submittedfrom the
Kenya Revenue Authority (KRA) for the Broker and theproposed
Underwriter(s).
9 Tender Form duly Completed, Signed and Stamped by the
Tendererin the format provided.1011
Price Schedule duly Completed, Signed and Stamped by theTenderer
in the format provided.Must Submit a Tender Security of Kshs.
200,000in its original formvalid for an additional thirty (30) days
after the expiry of the tendervalidity period i.e. upto 28th
August, 2015. The Tender Security shall bein form of a guarantee
from a reputable bank incorporated in Kenyaor an insurance company
approved by the Public ProcurementOversight Authority (PPOA)
1213
Must submit a duly completed and signed Confidential
BusinessQuestionnaire in format providedMust submit their latest
audited financial statements for the last twoyears (i.e. either
2012 and 2013 or 2013 and 2014) for determiningsolvency and
liquidity.14
1516
Must have compliance certificate from NSSF or submit evidence
ofremittance for the last three (3) Months.Must have Compliance
certificate from NHIF or submit evidence ofremittance for the last
three (3) Months.A disclosure of ALL the public procurement
entities that haveengaged your services in the last 3 years. The
listing of publicprocurement entities must include their location,
period of service,type of policy and the underwriter, amount
insured, and claimsturnaround time based on the experience.
17
18
The CVs/resumes of the four (4) Key professional staff
namedunder section 2.22 of Appendix to Instructions to Tenderers
[Step 2Technical evaluation (b) -Staff qualifications and
experience]A written declaration signed by the Firms Principal
Officer that allinformation provided is accurate and that any
materialmisrepresentation could lead to disqualification or
policycancellation.
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No. Parameters / Requirements Submitted /Not Submitted19
Mandatory qualifying requirements for the underwriters.The broker
must ascertain from the underwriters that they do not
have any unpaid claims with The County Government of Siaya.
Thebroker Must submit the following Mandatory requirements of
theproposed Underwriters with their tender for the underwriters to
beeligible for evaluation and contract award. The
recommendedUnderwriter(s) may table the requisite requirements /
documentsdirectly with the County Government of Siaya. It is the
responsibility ofthe tenderer to ensure that the requirements
/documents are receivedby The County Government of Siaya in sealed
envelopes by thetender closing date. The tenderer should attach in
their tenderdocument a letter from the underwriter forwarding
documents.
iCopy of certificate of Registration under Companies Act.The
insurance companies proposed by the Brokers should becompanies
registered under the companies Act and must havebeen inexistence as
Insurance underwriters for therecommended business for a minimum
period of 5 years. Theregistered office and physical address of the
insurancecompany must be indicated. A copy of the certificate
ofregistration /incorporation must be submitted
iiCertified copy of Registration with the InsuranceRegulatory
Authority for the year 2015The proposed insurance companies shall
be registered withthe Insurance Regulatory Authority for the year
2013 and acopy of the license submitted. The copy must be certified
bythe office of the Insurance Regulatory Authority.
iiiCertified copy of Registration as member of Association
ofKenya Insurers (AKI) for year 2013The proposed insurance
companies shall be registeredmembers with AKI for the year 2013. A
copy of themembership certificate must be attached in the
Brokerstender document. The copy must be certified, by the Office
ofAKI.
iv Certified copies of Latest audited financial statements.The
Brokers shall submit proposed Underwriters auditedfinancial
accounts forthe latest two (2) years i.e. 2012 and2011 or 2011 and
2010. The Broker shall apply all reasonablemeans to ascertain the
solvency and financial security of therelevant Underwriters
proposed to be appointed to TheCounty Government of Siaya insurance
portfolio for MotorVehicles Insurance Covers. The recommended
underwriter(s)may table the requisite statements directly with the
CountyGovernment of Siaya. It is the responsibility of the tenderer
to
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No. Parameters / Requirements Submitted /Not Submittedensure
that the statements are received by The County in sealedenvelopes
by the tender closing date. The tenderer shouldattach in their
tender document a letter from theunderwriter forwarding the
financial statements.
v Premium turnoverThe Underwriter proposed by the Broker shall
haveunderwritten premiums in excess of Kshs. 1 billion for
allbusinesses with motor vehicle portfolio in excess of Kshs.100
million in each of the two years.
vi Financial RatiosThe Underwriters proposed by the Broker must
meet thefollowing minimum acceptable ratios: -
a) Claims coverage ratio= minimum acceptable ratio is one(1)
without factoring reinsurance arrangements.
Claims coverage ratio = Net liquid assetsOutstanding claims
b) Current ratio= minimum acceptable ratio is one (1)
withoutfactoring reinsurance arrangements.
Current ratio = Current AssetsCurrent liabilities
The Brokers should indicate the ratios and the
calculationstherein, for all the proposed Underwriter(s).Paid Up
CapitalThe recommended Underwriter shall have paid -up capital ofat
least Kshs.100million or as required by the Insuranceregulatory
authority at the time of tender submission.Other requirements
vii
vii
The Brokers shall provide statement/documentary evidence(where
appropriate) from the proposed underwriters for thefollowing:-
Their experience in provision of services of similarnature and
magnitude in each of the last five years. Theinformation should
include details of services underway orcontractually committed;
Information regarding litigation, in which theinsurer is
involved in, the parties concerned and the disputedamounts
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and names and addresses of clientswho may be of clients who
may be contacted for further information on thosecontacts
7.1.1.2 Technical Evaluation Response Form/Criteria
Technical capability checklist
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Submitted /Parameters / RequirementsNo. Not Submitted
Qualifications and experience in insurance matters ofthe key
members of s