STANDARD TENDER DOCUMENT
SUPPLY, DELIVERY,
INSTALLATION, TESTING AND COMMISSIONING
OF:
LOT I: INTEGRATED BOARD MANAGEMENT SYSTEM
LOT II: INTEGRATED LEGAL SERVICES MANAGEMENT
SYSTEM
TENDER NO.KRA/HQS/NCB-028/2015-2016
TIMES TOWER BUILDING
P.O. BOX 48240 – 00100,
NAIROBI, KENYA.
TEL: +254 02 2817022
eprocurement@kra.go.ke
www.kra.go.ke
PREBID DATE:
24TH JUNE, 2016
CLOSING DATE:
8TH JULY, 2016
TIME: 12:00 NOON
1
TABLE OF CONTENTS
PAGE
SECTION I
INVITATION TO TENDER………………………………...…….….………
3
SECTION II
INSTRUCTIONS TO TENDERERS………………………………..…...……
5
APPENDIX TO INSTRUCTIONS TO TENDERERS ………………………
15
SECTION III
GENERAL CONDITIONS OF CONTRACT……….…………………….….
17
SECTION IV
SPECIAL CONDITIONS OF CONTRACT………………………………..…
23
SECTION V
TECHNICAL SPECIFICATIONS………….……….………………….…..…
27
SECTION VI
SCHEDULE OF REQUIREMENTS……………….……………………..….
108
SECTION VII
PRICE SCHEDULE …………….…………………………………….……..
111
SECTION VIII
STANDARD FORMS……………………………………………..………….
113
8.1
FORM OF TENDER……………….…….……………………………
114
8.2
CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM………...
115
8.3
TENDER SECURITY FORM……………………………………….
119
8.4
CONTRACT FORM………………………………………...….….…
120
8.5
PERFORMANCE SECURITY FORM……….…….……………..….
121
8.6
BANK GUARANTEE FOR ADVANCE PAYMENT FORM………
122
8.7
MANUFACTURER’S AUTHORIZATION FORM…………………
123
8.8
LETTER OF NOTIFICATION…..…..….…..…..……………………
124
2
SECTION I
INVITATION TO TENDER
DATE ___________________________
TENDER REF NO. KRA/HQS/NCB-028/2015-2016
TENDER NAME: SUPPLY, DELIVERY, INSTALLATION, TESTING AND
COMMISSIONING OF:
LOT I: INTEGRATED BOARD MANAGEMENT SYSTEM
LOT II: INTEGRATED LEGAL SERVICES MANAGEMENT SYSTEM
1.1
The Kenya Revenue Authority invites sealed bids from eligible candidates for the
SUPPLY, DELIVERY, INSTALLATION, TESTING AND
COMMISSIONING OF:
LOT I: INTEGRATED BOARD MANAGEMENT SYSTEM
LOT II: INTEGRATED LEGAL SERVICES MANAGEMENT SYSTEM
1.2
A complete set of tender documents may be obtained by interested candidates upon
payment of non-refundable fees of Kenya Shillings One Thousand (Ksh.1, 000.00)
in cash or Bankers Cheque payable to Commissioner General.
Bidder may download the tender documents free of charge from the Kenya Revenue
Authority website www.kra.go.ke Bidders who download the tender documents must
forward their particulars immediately for records and communication of any tender
clarifications or addenda to eprocurement@kra.go.ke
1.3
Completed tender documents are to be enclosed in plain sealed envelopes marked
with tender reference number and be deposited in the Tender Box on Ground Floor,
Times Tower Building, Haile Selassie Avenue, Nairobi, or be addressed to Kenya
Revenue Authority, Procurement & Supplies Services Division, Haile Selassie
Avenue, Times Tower, 25th Floor so as to be received on or before Wednesday,
22nd June, 2016 at 12:00 noon.
A pre-bid briefing will be held on Friday, 24th June, 2016 at 10:00am in the
Convention Centre on 5th Floor, Times Tower. You are encouraged to attend the
briefing.
For more information on this tender notice, details, requirements, tendering
procedures and guidelines and tender documents please visit our website at http://
www.kra.go.ke
1.4
Prices quoted should be net, inclusive of all taxes and delivery costs, and must be
in Kenya Shillings (or any other easily convertible currency) and shall remain
valid for 120 days from the closing date of the tender.
1.5
Tenders will be opened immediately thereafter in the presence of the Candidates or
their representatives who choose to attend at the Convention Centre on 5th Floor,
Times Tower.
For: Commissioner General
Kenya Revenue Authority
3
SECTION II -
INSTRUCTIONS TO TENDERERS
Table of Clauses
Page
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
(a)
(b)
(c)
(d)
2.28
2.29
2.30
2.31
Eligible Tenderers…………………………………….…………….…...
Eligible Goods……………………………………………….……….....
Cost of Tendering……………………………………………….……….
Contents of Tender Document………………………….…………….....
Clarification of Documents……………………………….……………..
Amendment of Documents……………………………….……………..
Language of Tender………………………………….……………….....
Documents Comprising the tender……………………………….……..
Tender Forms…………………………………………………….……...
Tender Prices…………………………………………………………….
Tender Currencies…………………………….………………….……...
Tenderers Eligibility and Qualifications………………………………...
Goods’ Eligibility and conformity to Tender Documents………………
Tender Security………………………………………………………….
Validity of Tenders…………………………………………….………..
Format and Signing of Tenders………………………….………………
Sealing and Marking of Tenders…………………………….………......
Deadline for Submission of Tender …………………………………….
Modification and Withdrawal of Tenders……………………………….
Opening of Tenders……………………………………………………...
Clarification of Tenders…………………………………………………
Preliminary Examination……………………………………………......
Conversion to Single Currency…………………………………..……...
Evaluation and Comparison of Tenders……………………….………...
Preference……………………………………………………………….
Contacting the Procuring Entity……………………………….………..
Award of Contract………………………………………………….……
Post qualification……………………………….………….…………….
Award criteria…………………………………………………………...
Procuring Entity’s Right to Vary Quantities……………….….………...
Procuring entity’s Right to Accept or Reject any or all Tenders ……….
Notification of Award………………………………….……………….
Signing of Contract………………………………….…….…………….
Performance Security……………………………………….…….……..
Corrupt or Fraudulent Practices…………………………….…………...
4
5
5
5
5
6
6
6
7
7
7
7
8
8
9
9
9
10
10
10
11
11
11
12
12
12
12
12
12
13
13
13
13
13
14
14
SECTION II - INSTRUCTIONS TO TENDERERS
2.1
2.1.1
2.1.2
2.1.3
2.1.4
2.2
2.2.1
2.2.2
2.2.3
Eligible Tenderers
This Invitation for Tenders is open to all tenderers eligible as
described in the Invitation to Tender. Successful tenderers shall
complete the supply of goods by the intended completion date
specified in the Schedule of Requirements Section VI.
The Kenya Revenue Authority’s employees, committee members,
board members and their relative (spouse and children) are not
eligible to participate in the tender.
Tenderers shall provide the qualification information statement that
the tenderer (including all members of a joint venture and
subcontractors) is not associated, or have been associated in the past,
directly or indirectly, with a firm or any of its affiliates which have
been engaged by the Kenya Revenue Authority (KRA) to provide
consulting services for the preparation of the design, specifications,
and other documents to be used for the procurement of the goods
under this Invitation for tenders.
Tenderers shall not be under a declaration of ineligibility for corrupt
and fraudulent practices.
Eligible Goods
All goods to be supplied under the contract shall have their origin in
eligible source countries.
For purposes of this clause, “origin” means the place where the
goods are mined, grown, or produced. Goods are produced when,
through manufacturing, processing, or substantial and major
assembly of components, a commercially-recognized product results
that is substantially different in basic characteristics or in purpose or
utility from its components
The origin of goods is distinct from the nationality of the tenderer.
2.3
2.3.1
Cost of Tendering
The Tenderer shall bear all costs associated with the preparation and
submission of its tender, and the KRA, will in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the tendering process.
2.4
2.4.1
The Tender Document
The tender document comprises the documents listed below and
addenda issued in accordance with clause 2.6 of these instructions to
Tenderers
5
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
Invitation to Tender
Instructions to tenderers
General Conditions of Contract
Special Conditions of Contract
Schedule of requirements
Technical Specifications
Tender Form and Price Schedules
Contract Form
Performance Security Form
Bank Guarantee for Advance Payment Form
Manufacturer’s Authorization Form
Confidential Business Questionnaire.
2.4.2
The Tenderer is expected to examine all instructions, forms, terms,
and specifications in the tender documents. Failure to furnish all
information required by the tender documents or to submit a tender
not substantially responsive to the tender documents in every respect
will be at the tenderers risk and may result in the rejection of its
tender.
2.5
2.5.1
Clarification of Documents
A prospective tenderer requiring any clarification of the tender
document may notify the Procuring entity in writing or by post at
the entity’s address indicated in the Invitation to Tender. The
Procuring entity 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 the procuring entity. Written copies of the KRA’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.
The procuring entity 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.
2.5.2
2.6
2.6.1
2.6.2
2.6.3
Amendment of Documents
At any time prior to the deadline for submission of tenders, the
Procuring entity, 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.
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.
In order to allow prospective tenderers reasonable time in which to
take the amendment into account in preparing their tenders, the
KRA, at its discretion, may extend the deadline for the submission
of tenders.
6
2.7
2.7.1
Language of Tender
The tender prepared by the tenderer, as well as all correspondence
and documents relating to the tender exchange by the tenderer and
the KRA, 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.
2.8
2.8.1
Documents Comprising of Tender
The tender prepared by the tenderers shall comprise the following
components:
(a)
a Tender Form and a Price Schedule completed in
accordance with paragraph 2.9, 2.10 and 2.11 below;
(b)
documentary evidence established in accordance with
paragraph 2.1.2 that the tenderer is eligible to tender and
is qualified to perform the contract if its tender is
accepted;
(c)
documentary evidence established in accordance with
paragraph 2.2.1 that the goods and ancillary services to
be supplied by the tenderer are eligible goods and
services and conform to the tender documents; and
(d)
tender security furnished in accordance with paragraph
2.14
2.9
2.9.1
Tender Forms
The tenderer shall complete the Tender Form and the appropriate
Price Schedule furnished in the tender documents, indicating the
goods to be supplied, a brief description of the goods, their country
of origin, quantity, and prices.
2.10
2.10.1
Tender Prices
The tenderer shall indicate on the appropriate Price Schedule the
unit prices and total tender price of the goods it proposes to supply
under the contract.
Prices indicated on the Price Schedule shall include all costs
including taxes, insurances and delivery to the premises of the KRA.
Prices quoted by the tender shall be fixed during the Tender’s
performance of the contract and not subject to variation on any
account. A tender submitted with an adjustable price quotation will
be treated as non-responsive and will be rejected, pursuant to
paragraph 2.22.
The validity period of the tender shall be 60 days from the date of
opening of the tender.
2.10.2
2.10.3
2.10.4
2.11
2.11.1
Tender Currencies
Prices shall be quoted in Kenya Shillings unless otherwise specified
in the Appendix to Instructions to Tenderers.
7
2.12
2.12.1
Tenderers Eligibility and Qualifications
Pursuant to paragraph 2.1 the tenderer shall furnish, as part of its
tender, documents establishing the tenderers eligibility to tender and
its qualifications to perform the contract if its tender is accepted.
2.12.2
The documentary evidence of the tenderers eligibility to tender shall
establish to the KRA’s satisfaction that the tenderer, at the time of
submission of its tender, is from an eligible source country as
defined under paragraph 2.1.
The documentary evidence of the tenderers qualifications to perform
the contract if its tender is accepted shall be established to the
KRA’s satisfaction;
(a)
that, in the case of a tenderer offering to supply goods
under the contract which the tenderer did not
manufacture or otherwise produce, the tenderer has been
duly authorized by the goods’ Manufacturer or producer
to supply the goods;
(b)
that the tenderer has the financial, technical, and
production capability necessary to perform the contract;
and
(c)
that, in the case of a tenderer not doing business within
Kenya, the tenderer is or will be (if awarded the contract)
represented by an Agent in Kenya equipped, and able to
carry out the Tenderer’s maintenance, repair, and spare
parts-stocking obligations prescribed in the Conditions of
Contract and/or Technical Specifications.
2.12.3
2.13
2.13.1
2.13.2
2.13.3
Goods Eligibility and Conformity to Tender Documents
Pursuant to paragraph 2.2 of this section, the tenderer shall furnish,
as part of its tender documents establishing the eligibility and
conformity to the tender documents of all goods which the tenderer
proposes to supply under the contract.
The documentary evidence of the eligibility of the goods shall
consist of a statement in the Price Schedule of the country of origin
of the goods and services offered which shall be confirmed by a
certificate of origin issued at the time of shipment.
The documentary evidence of conformity of the goods to the tender
documents may be in the form of literature, drawings, and data, and
shall consist of:
(a)
a detailed description of the essential technical and
performance characteristic of the goods;
(b)
a list giving full particulars, including available source
and current prices of spare parts, special tools, etc.,
necessary for the proper and continuing functioning of
the goods for a period of two (2) years, following
commencement of the use of the goods by the KRA; and
(c)
a clause-by-clause commentary on the KRA’s Technical
8
2.13.4
2.14
Specifications demonstrating substantial responsiveness
of the goods and service to those specifications, or a
statement of deviations and exceptions to the provisions
of the Technical Specifications.
For purposes of the documentary evidence to be furnished pursuant
to paragraph 2.13.3(c) above, the tenderer shall note that standards
for workmanship, material, and equipment, as well as references to
brand names or catalogue numbers designated by the Procurement
entity in its Technical Specifications, are intended to be descriptive
only and not restrictive. The tenderer may substitute alternative
standards, brand names, and/or catalogue numbers in its tender,
provided that it demonstrates to the Procurement entity’s satisfaction
that the substitutions ensure substantial equivalence to those
designated in the Technical Specifications.
Tender Security
Tenders must be accompanied with a Tender Security in the form of
Cash Deposit, Bank Guarantee , Insurance company Guarantee or a
Letter of credit.
2.15
2.15.1
2.15.2
2.16
2.16.1
2.16.2
2.16.3
Validity of Tenders
Tenders shall remain valid for 120 days or as specified in the
Invitation to Tender after the date of tender opening prescribed by
the KRA, pursuant to paragraph 2.18. A tender valid for a shorter
period shall be rejected by the KRA as non responsive.
In exceptional circumstances, the KRA may solicit the Tenderer’s
consent to an extension of the period of validity. The request and
the responses thereto shall be made in writing. The tender security
provided under paragraph 2.14 shall also be suitably extended. A
tenderer may refuse the request without forfeiting its tender security.
A tenderer granting the request will not be required nor permitted to
modify its tender.
Format and Signing of Tender
The bidder shall prepare two copies of the tender, clearly marking
each “ORIGINAL TENDER” and “COPY OF TENDER,” as
appropriate. In the event of any discrepancy between them, the
original shall govern.
The original and all copies of the tender shall be typed or written in
indelible ink and shall be signed by the tenderer or a person or
persons duly authorized to bind the tenderer to the contract. The
latter authorization shall be indicated by written power-of-attorney
accompanying the tender. All pages of the tender, except for
unamended printed literature, shall be initialed by the person or
persons signing the tender.
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.
9
2.17
2.17.1
2.17.2
2.17.3
2.17.4
2.18
2.18.1
2.18.2
2.19
2.19.1
2.19.2
2.19.3
2.19.4
2.19.5
Sealing and Marking of Tenders
The Tenderer shall seal the original and each copy of the tender in
separate envelopes, duly marking the envelopes as “ORIGINAL”
and “COPY” The envelopes shall then be sealed in an outer
envelope.
The inner and outer envelopes shall:
(a)
be addressed to the KRA at the address given in the
Invitation to Tender:
(b)
bear, tender number and name in the Invitation for
Tenders and the words, “DO NOT OPEN BEFORE
FRIDAY, 8TH JULY, 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”.
If the outer envelope is not sealed and marked as required by
paragraph 2.17.2, the KRA will assume no responsibility for the
tender’s misplacement or premature opening.
Deadline for Submission of Tenders
Tenders must be received by the KRA at the address specified under
paragraph 2.17.2 no later than ‘‘FRIDAY, 8TH JULY, 2016 AT 12:00
NOON.’’
The KRA may, at its discretion, extend this deadline for the submission
of tenders by amending the tender documents in accordance with
paragraph 2.6, in which case all rights and obligations of the KRA and
candidates previously subject to the deadline will therefore be subject
to the deadline as extended.
Modification and Withdrawal of Tenders
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 the KRA prior
to the deadline prescribed for submission of tenders.
The Tenderer’s modification or withdrawal notice shall be prepared,
sealed, marked, and dispatched in accordance with the provisions of
paragraph 2.17. 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.
No tender may be modified after the deadline for submission of
tenders.
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, pursuant to paragraph 2.14.7.
The KRA may at any time terminate procurement proceedings before
contract award and shall not be liable to any person for the termination.
10
2.19.6
The KRA 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.
2.20
2.20.1
Opening of Tenders
The KRA will open all tenders in the presence of tenderers’
representatives who choose to attend, on “FRIDAY, 8TH JULY, 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.
The tenderers’ names, tender modifications or withdrawals, tender
prices, discounts and the presence or absence of requisite tender
security and such other details as the KRA, at its discretion, may
consider appropriate, will be announced at the opening.
The KRA will prepare minutes of the tender opening.
2.20.2
2.20.3
2.21
2.21.1
2.21.2
2.22
2.22.1
2.22.2
2.22.3
2.22.4
Clarification of Tenders
To assist in the examination, evaluation and comparison of tenders the
KRA 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.
Any effort by the tenderer to influence the KRA in the KRA’s tender
evaluation, tender comparison or contract award decisions may result
in the rejection of the tenderers’ tender.
Preliminary Examination
The KRA will examine the tenders to determine whether they are
complete, whether any computational errors have been made, whether
required sureties have been furnished, whether the documents have
been properly signed, and whether the tenders are generally in order.
Arithmetical errors will be rectified on the following basis. If there is a
discrepancy between the unit price and the total price that is obtained
by multiplying the unit price and quantity, the unit price shall prevail,
and the total price shall be corrected. If the candidate does not accept
the correction of the errors, its tender will be rejected, and its tender
security forfeited. If there is a discrepancy between words and figures
the amount in words will prevail.
The KRA may waive any minor informality or non-conformity or
irregularity in a tender which does not constitute a material deviation,
provided such waiver does not prejudice or affect the relative ranking
of any tenderer.
Prior to the detailed evaluation, pursuant to paragraph 2.23 the KRA
will determine the substantial responsiveness of each tender to the
tender documents. For purposes of these paragraphs, a substantially
responsive tender is one, which conforms to all the terms and
conditions of the tender documents without material deviations. The
11
2.22.5
KRA’s determination of a tender’s responsiveness is to be based on the
contents of the tender itself without recourse to extrinsic evidence.
If a tender is not substantially responsive, it will be rejected by the
KRA and may not subsequently be made responsive by the tenderer by
correction of the non conformity.
2.23
2.23.1
Conversion to Single Currency
Where other currencies are used, the KRA will convert these currencies
to Kenya Shillings using the selling exchange rate on the date of tender
closing provided by the Central Bank of Kenya.
2.24
2.24.1
Evaluation and Comparison of Tenders
The KRA will evaluate and compare the tenders which have been
determined to be substantially responsive, pursuant to paragraph 2.22
The tender evaluation committee shall evaluate the tender within 30
days of the validity period from the date of opening the tender.
A tenderer who gives false information in the tender document about
its qualification or who refuses to enter into a contract after notification
of contract award shall be considered for debarment from participating
in future public procurement.
2.24.2
2.24.3
2.25
2.25.1
Preference
Kenya Revenue Authority does not allow any margin of preference.
2.26
2.26.1
Contacting the Kenya Revenue Authority
Subject to paragraph 2.21 no tenderer shall contact the KRA on any
matter related to its tender, from the time of the tender opening to the
time the contract is awarded.
2.26.2
Any effort by a tenderer to influence the KRA in its decisions on
tender, evaluation, tender comparison, or contract award may result in
the rejection of the Tenderer’s tender.
2.27
Award of Contract
(a)
2.27.1
Post-qualification
In the absence of pre-qualification, the KRA will determine to its
satisfaction whether the tenderer that is selected as having submitted
the lowest evaluated responsive tender is qualified to perform the
contract satisfactorily.
The determination will take into account the tenderer financial,
technical, and production capabilities. It will be based upon an
examination of the documentary evidence of the tenderers
qualifications submitted by the tenderer, pursuant to paragraph 2.12.3
as well as such other information as the KRA deems necessary and
appropriate.
An affirmative determination will be a prerequisite for award of the
contract to the tenderer. A negative determination will result in
2.27.2
2.27.3
12
rejection of the Tenderer’s tender, in which event the KRA will
proceed to the next lowest evaluated tender to make a similar
determination of that Tenderer’s capabilities to perform satisfactorily.
(b)
2.27.4
Award Criteria
The KRA will award the contract to the successful tenderer(s) whose
tender has been determined to be substantially responsive and has been
determined to be the lowest evaluated tender, provided further that the
tenderer is determined to be qualified to perform the contract
satisfactorily.
(c)
2.27.5
KRA’s Right to Vary Quantities
The KRA reserves the right at the time of contract award to increase or
decrease the quantity of goods originally specified in the Schedule of
requirements without any change in unit price or other terms and
conditions.
(d)
2.27.6
KRA’s Right to Accept or Reject Any or All Tenders
The KRA 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 KRA’s action.
2.28
2.28.1
Notification of Award
Prior to the expiration of the period of tender validity, the KRA will
notify the successful tenderer in writing that its tender has been
accepted.
The notification of award will constitute the formation of the Contract
but will have to wait until the contract is finally signed by both parties.
Upon the successful Tenderer’s furnishing of the performance security
pursuant to paragraph 2.28, the KRA will promptly notify each
unsuccessful Tenderer and will discharge its tender security, pursuant
to paragraph 2.14.
2.28.2
2.28.3
2.29
2.29.1
2.29.2
Signing of Contract
At the same time as the KRA notifies the successful tenderer that its
tender has been accepted, the KRA will send the tenderer the Contract
Form provided in the tender documents, incorporating all agreements
between the parties.
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.
2.29.3
Within thirty (30) days of receipt of the Contract Form, the successful
tenderer shall sign and date the contract and return it to the KRA.
2.30
Performance Security
13
2.30.1
Within Thirty (30) days of the receipt of notification of award from the
KRA, the successful tenderer shall furnish the performance security in
accordance with the Conditions of Contract, in the Performance
Security Form provided in the tender documents, or in another form
acceptable to the KRA.
2.30.2
Failure of the successful tenderer to comply with the requirements of
paragraph 2.27 or paragraph 2.28 shall constitute sufficient grounds for
the annulment of the award and forfeiture of the tender security, in
which event the KRA may make the award to the next lowest
evaluated Candidate or call for new tenders.
2.31
2.31.1
Corrupt or Fraudulent Practices
The KRA 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;
(i)
“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
(ii)
“fraudulent practice” means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Kenya Revenue Authority, 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 Kenya
Revenue Authority of the benefits of free and open
competition;
The Kenya Revenue Authority will reject a proposal for award if it
determines that the tenderer recommended for award has engaged in
corrupt or fraudulent practices in competing for the contract in
question.
Further a tenderer who is found to have indulged in corrupt or
fraudulent practices risks being debarred from participating in public
procurement in Kenya.
2.31.2
2.31.3
14
Appendix to Instructions to Tenderers
The following information regarding the particulars of the tender shall complement
supplement or amend the provisions of the instructions to tenderers. Wherever there is
a conflict between the provision of the instructions to tenderers and the provisions of the
appendix, the provisions of the appendix herein shall prevail over those of the
instructions to tenderers.
INSTRUCTIONS TO
TENDERERS
REFERENCE
PARTICULARS
OF
APPENDIX
INSTRUCTIONS TO TENDERS
TO
2.1.1
The tender is open to vendors for the SUPPLY, DELIVERY,
2.1.2
The Declaration of No Conflict of Interest is incorporated in
the Confidential Business Questionnaire.
2.3.1
The bid document shall be charged Kshs.1,000 per set.
2.10.4
2.13.3
2.14
Bid Validity Period is 120 days from tender closing date.
INSTALLATION, TESTING AND COMMISSIONING OF:
LOT I: INTEGRATED BOARD MANAGEMENT SYSTEM
LOT II: INTEGRATED LEGAL SERVICES MANAGEMENT
SYSTEM
The technical specifications are given in pages 26 to 106.
Tenders must be accompanied with a Tender Security in the
form of Cash Deposit, Bank Guarantee, Insurance company
Guarantee or a Letter of credit.
The amount of tender security required is Three Hundred
Thousand Kenya Shillings (KES.300,000.00) and must be
valid for 150 days after the date the tender closes.
2.16.2
The bidder must provide an appropriate written power of
attorney establishing the authorization to of the signatory to
the tender documents to bind the bidder.
2.17
This tender is based on One (1) bid envelope system. The
bidder must submit a bid which has combined technical
proposal and financial proposal in one envelope. Bids must
be submitted in TWO copies. i.e. one original and one copy.
Time, date, and place for bid opening are: 12:00 hours,
local time, on ‘‘FRIDAY, 8TH JULY, 2016 AT 12:00
2.18.1
NOON’’.
Place: Convention Centre on the 5th Floor of Times Tower
Building.
Street: Haile Selassie Avenue
City: Nairobi
2.20.1
2.22.1
Country: Kenya
Opening of tender documents will be done in public at
the time of closing the tender.
Bidders are expected to examine all instructions,
forms, terms, specifications, and other information in
the Bidding Documents.
Failure to furnish all information required by the
Bidding Documents or to submit a bid not
15
2.22.2
2.24
substantially responsive to the Bidding Documents in
every respect will be at the Bidder’s risk and may
result in the rejection of its bid.
The tender sum as submitted and read out during the
tender opening shall be absolute and final and shall not
be the subject of correction, adjustment or amendment
in any way by any person or entity.
The bid evaluation will take into account technical
factors in addition to cost factors. The weight for price
is 30% while the weight for technical specifications is
70%. In addition, the Bid shall include a
DEMONSTRATION.
Bidders must conform to the specific Technical
Requirements in Section V.
2.25
2.27.4
2.30
Preference. KRA will not grant any preferences
The evaluation of the responsive bids will take into
account technical factors, in addition to cost factors.
The bid meeting the minimum technical score will be
evaluated financially.
The bid then with the lowest price shall be considered
for award
The performance security required will be 10% of the
Contract Value.
16
SECTION III:
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
GENERAL CONDITIONS OF CONTRACT
Table of Clauses
Definitions…………………………………………………………….......
Application………………………………………………………………..
Country of Origin…………………………………………………………
Standards………………………………………………………………….
Use of Contract Documents and Information…………………………….
Patent Rights………………………………………………………………
Performance Security……………………………………………………..
Inspection and Tests………………………………………………………
Packing………………………………………………………………........
Delivery and Documents…………………………………………….........
Insurance…………………………………………………………………..
Payment…………………………………………………………………...
Price…………………………………………………….…………………
Assignments………………………………………………………………
Sub contracts…………………………………………..………………….
Termination for Default………………………………..………………….
Liquidated Damages…………………………………..…………………..
Resolution of Disputes……………………………………………………
Language and law……………………………………..…………………..
Force Majeure……………………………………………………………..
17
18
18
18
18
18
19
19
19
20
20
20
20
20
21
21
21
21
21
22
22
SECTION III
-
GENERAL CONDITIONS OF CONTRACT
3.1
3.1.1
(a)
(b)
(c)
(d)
(e)
3.2
3.2.1
3.3
3.3.1
3.3.2
3.4
3.4.1
3.5
3.5.1
3.5.2
Definitions
In this Contract, the following terms shall be interpreted as
indicated:“The Contract” means the agreement entered into between
the Procuring entity and the tendered, as recorded in the
Contract Form signed by the parties, including all
attachments and appendices thereto and all documents
incorporated by reference therein.
“The Contract Price” means the price payable to the
tendered under the Contract for the full and proper
performance of its contractual obligations
“The Goods” means all of the equipment, machinery,
and/or other materials, which the tendered is required to
supply to the Procuring entity under the Contract.
“The Procuring entity” means Kenya Revenue Authority
(KRA), the organization purchasing the Goods under this
Contract.
“The Tendered’ means the individual or firm supplying
the Goods under this Contract.
Application
These General Conditions shall apply in all Contracts
made by the KRA for the procurement installation and
commissioning of equipment
Country of Origin
For purposes of this clause, “Origin” means the place
where the Goods were mined, grown or produced.
The origin of Goods and Services is distinct from the
nationality of the tendered.
Standards
The Goods supplied under this Contract shall conform to
the standards mentioned in the Technical Specifications.
Use of Contract Documents and Information
The tendered shall not, without the KRA’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 the KRA in
connection therewith, to any person other than a person
employed by the tendered in the performance of the
Contract.
The tendered shall not, without the KRA’s prior written
consent, make use of any document or information
18
3.5.3
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 the
Procuring entity and shall be returned (all copies) to the
KRA on completion of the Renderer’s performance under
the Contract if so required by the KRA.
3.6
Patent Rights
The tendered shall indemnify the Procuring entity 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 the KRA’s country.
3.7
Performance Security
Within thirty (30) days of receipt of the notification of
Contract award, the successful tendered shall furnish to
the Procuring entity the performance security in the
amount specified in Special Conditions of Contract.
The proceeds of the performance security shall be payable
to the KRA as compensation for any loss resulting from
the Renderer’s failure to complete its obligations under the
Contract.
The performance security shall be denominated in the
currency of the Contract, or in a freely convertible
currency acceptable to the KRA 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 the KRA, in the form provided in the tender
documents.
The performance security will be discharged by the KRA
and returned to the Candidate not later than thirty (30)
days following the date of completion of the Renderer’s
performance obligations under the Contract, including any
warranty obligations, under the Contract.
3.7.1
3.7.2
3.7.3
3.7.4
3.8
3.8.1
3.8.2
3.8.3
Inspection and Tests
The KRA or its representative shall have the right to
inspect and/or to test the goods to confirm their
conformity to the Contract specifications. The KRA shall
notify the tendered in writing in a timely manner, of the
identity of any representatives retained for these purposes.
The inspections and tests may be conducted in the
premises of the tendered or its subcontractor(s), at point of
delivery, and/or at the Goods’ final destination If
conducted on the premises of the tendered or its
subcontractor(s), all reasonable facilities and assistance,
including access to drawings and production data, shall be
furnished to the inspectors at no charge to the KRA.
Should any inspected or tested goods fail to conform to
19
3.8.4
3.8.5
3.9
3.9.1
3.9.2
3.10
3.10.1
3.11
3.11.1
3.12
3.12.1
3.12.2
3.13
3.13.1
the Specifications, the Procuring entity may reject the
equipment, and the tendered shall either replace the
rejected equipment or make alternations necessary to
make specification requirements free of costs to the KRA.
The KRA’s right to inspect, test and where necessary,
reject the goods after the Goods’ arrival shall in no way be
limited or waived by reason of the equipment having
previously been inspected, tested and passed by the
Procuring entity or its representative prior to the
equipment delivery.
Nothing in paragraph 3.8 shall in any way release the
tendered from any warranty or other obligations under this
Contract.
Packing
The tendered 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.
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.
Delivery and Documents
Delivery of the Goods shall be made by the tendered in
accordance with the terms specified by Procuring entity in
its Schedule of Requirements and the Special Conditions
of Contract.
Insurance
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.
Payment
The method and conditions of payment to be made to the
tendered under this Contract shall be specified in Special
Conditions of Contract.
Payments shall be made promptly by the KRA as
specified in the contract.
Prices
Prices charged by the tendered 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
tendered in its tender.
20
3.13.2
3.13.3
3.13.4
3.14
3.14.1
3.15
3.15.1
3.16
3.16.1
(a)
(b)
(c)
3.16.2
3.17
3.17
Contract price variations shall not be allowed for contracts
not exceeding one year (12 months).
Where contract price variation is allowed, the variation
shall not exceed 10% of the original contract price.
Price variation request shall be processed by the procuring
entity within 30 days of receiving the request.
Assignment
The tendered shall not assign, in whole or in part, its
obligations to perform under this Contract, except with the
KRA’s prior written consent.
Subcontracts
The tendered shall notify the Procuring entity 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 tendered from any
liability or obligation under the Contract.
Termination for Default
The KRA may, without prejudice to any other remedy for
breach of Contract, by written notice of default sent to the
tendered, terminate this Contract in whole or in part:
if the tendered fails to deliver any or all of the goods
within the periods) specified in the Contract, or within any
extension thereof granted by the KRA;
if the tendered fails to perform any other obligation(s)
under the Contract;
If the tendered, in the judgment of the KRA has engaged
in corrupt or fraudulent practices in competing for or in
executing the Contract.
In the event the KRA 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 the
Procuring entity for any excess costs for such similar
goods.
Liquidated Damages
If the tenderer fails to deliver any or all of the goods
within the period(s) specified in the contract, the
procuring entity 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.
21
3.18
3.18.1
3.18.2
3.19
3.19.1
3.20
3.20.1
Resolution of Disputes
The KRA 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
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.
Language and Law
The language of the contract and the law governing the
contract shall be English language and the Laws of Kenya
respectively unless otherwise stated.
Force Majeure
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.
22
SECTION IV -
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 SPECIAL CONDITIONS OF CONTRACT
OF GCC
3.7
Performance Security
The performance bond must be issued in the form of a bank
guarantee. The bank guarantee must be valid in Kenya for a
period of two years and shall be 10% of the bid price in
Kenya Shillings.
3.9
Packaging
The tendered 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.
All packages must be cleared labeled with description of
contents and quantities.
3.10
Delivery
The Supply, Delivery, Installation, Testing and
Commissioning of the iBoard System shall be done within
the time indicated in the delivery schedule by the successful
bidder(s) from the date of receiving the Purchase Order
(LPO). The requirements may be adjusted by giving a short
notice.
3.12
Payment Terms
The Kenya Revenue Authority (KRA) payment terms are
that payment shall be made within thirty (30) days from the
date of delivery and signing of receipt. However, KRA may
negotiate mutually acceptable payment terms with the
successful tenderer.
3.13
Prices
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.
3.17
Liquidated Damages
If the delivery date is extended (except by mutual consent) a
penalty amounting to 0.5% of the total cost will be charged
per day up to a maximum of thirty (30) days. No deliveries
shall be accepted after the thirtieth working day in which
case the LPO will automatically lapse and be deemed to have
been cancelled at the close of business on the twentieth day.
23
The Authority shall then be at liberty to realize the
performance bond. In this clause, “days” means working
days.
3.18
3.19
Resolutions of Disputes
Any dispute, controversy or claim between the Parties
arising out of this Contract or the breach, termination or
invalidity thereof, unless settled amicably under the
preceding paragraph of this Article within sixty (60) days
after receipt by one Party of the other Party's request for such
amicable settlement, shall be referred by either Party to
arbitration in accordance with the UNCITRAL Arbitration
Rules then obtaining. The place of arbitration shall be
Nairobi. The arbitral tribunal shall have no authority to
award punitive damages. In addition, unless otherwise
expressly provided in this Contract, the arbitral tribunal shall
have no authority to award interest. The parties shall be
bound by any arbitration award rendered as a result of such
arbitration as the final adjudication of any such controversy,
claim or dispute.
Language and Law
The language of all correspondence and documents related to
the bid is: English. Unless explicitly specified in the
Technical Requirements section, the key passages of all
accompanying printed literature in any other language must
be translated into the above language.
24
SECTION V - TECHNICAL SPECIFICATIONS
5.1
General
5.1.1
The specifications describe the requirements for the Supply, Delivery,
Installation, Testing and Commissioning of the iBoard System.
5.1.2
The tenderers are requested to present information along with their offers as
follows:
(i)
Shortest possible delivery period of each product/service
5.2
Particulars
Kenya Revenue Authority intends to procure services for the Supply,
Delivery, Installation, Testing and Commissioning of the iBoard System
inclusive of the detailed maintenance contracts for the life cost of the
equipment/ System as detailed in the price schedule.
5.3
Technical Requirements:
This tender covers the procurement of services for the Supply, Delivery,
Installation, Testing and Commissioning of the iBoard System with detailed
maintenance contracts for the life cost and disposal of the equipment/ System.
The Table overleaf gives the minimum clause-by-clause technical
specifications. Bidders are required to duly fill in the tables under the “Bidder’s
Response” column to respond, irrespective of any attachments included. Failure
to conform to this condition will render the bid being treated as non-responsive.
25
TECHNICAL SPECIFICATIONS
Terms and Definitions
1. AES - Advanced Encryption Standard
2. ARO – Advocates Remuneration Order
3. BOC – Bill of Costs
4. BOD – Board of Directors
5. BU – Bring Up
6. CG – Commissioner General
7. DES - Data Encryption Standard
8. DMS – Document Management System
9. DPI – Dots per Inch
10. DSA - Digital Signature Algorithm
11. EDSA - Elliptic Curve Digital Signature Algorithm
12. ERP – Enterprise Resource Planning System
13. GET (HTTP) - one of many request/response methods supported by the HTTP protocol used by
the World Wide Web
14. HOD – Head of Department
15. HTTP – Hypertext Transfer Protocol
16. ID – National Identification Number
17. IP – Internet Protocol
18. IDEA - International Data Encryption Algorithm
19. KRA – Kenya Revenue Authority
20. MD5 - Message-Digest Algorithm
21. MOU – Memorandum of Understanding
22. PIN – Personal Identification Number (Tax)
23. PDF – Portable Data Format
24. POST (HTTP) - one of many request/response methods supported by the HTTP protocol used by
the World Wide Web
25. RBAC – Role Based Access Control
26. RC4 - Rivest Cipher 4
27. RSA - Rivest Shamir Adleman Encryption
28. SHA – Secure Hash Algorith
29. SMS – Short Message Service
30. TLS – Transport Layer Security
31. UH – Unit Head
26
Background Information
The Kenya Revenue Authority (KRA) is a corporate body which was formed in 1995 by an Act of
Parliament, KRA Act Cap 469, to collect tax revenue on behalf of the Government. KRA is entrusted with
the responsibility of Assessment, Collection, Administration and Enforcement of laws relating to revenue.
In carrying out its mandate, KRA has a Board of Directors at its helm whose role is to make policies for the
overall running of the Authority. In addition, KRA has a Team One/Top Management team, led by the
Commissioner General, whose key role is to oversee day to day running of KRA operations.
KRA is divided into the following Departments: Domestic Taxes Department, Customs and Border Control,
Traffic Revenue Department, Support Services Department, Strategy, Innovation & Risk Management
Department, Ethics and Integrity and Information, Communication Technology Department and Legal
Services & Board Coordination Department.
The Legal Services and Board Coordination Department comprises of the Legal Services and the Board
Coordination Divisions.The Board Coordination Division is in charge of the Board Secretariat and provision
of Conveyancing and Legal Opinion services while the Legal Services Division carries out Litigation,
prosecution and the provision legal advisory to the Authority.
Summary of the Required Solution
The Legal Services and Board Coordination Department of KRA intends to implement a set of tools that
will facilitate automation of its current manual processes. They include;
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Provision of secretarial services to the Board of Directors and management of Board business
Preparation of legal documents and instruments (agreements/contracts, Service Level
Agreements, Leases and memoranda of understanding etc.)
Provision of legal opinions
Ensuring compliance with statutory requirements within its mandate area
Case/ Documents Management (storage, retrieval and archival)
Reporting and analysis of data and information.
Technical Requirements:
The Technical Requirements for the supply, delivery, installation and commissioning of the Solution shall
comprise the following key areas:
1.
Functional Requirements.
2.
Non-Functional Requirements General Category.
3.
Integration
4.
Security Requirements.
5.
Training and Skills Transfer.
6.
Support and Maintenance.
Objectives
1.
2.
Achieve convenience in data capture, information retrieval, storage, archival and reporting.
Create efficiency and effectiveness in business processes.
27
3.
4.
Raise performance standards for the department and the staff through monitoring of activities at
both individual and departmental level.
Enable enforcement of statutory requirements and the Internal Standards.
Scope/Overview
In the course of its operations, the Department generates numerous records and the volumes have grown
over the years. The Department operates with a manual record keeping system to prepare, store, retrieve
and distribute information, resulting to employees working with disparate information. Therefore, there is
need for a system that will enable quick and easy access to information.
Further, the use of iPads, Tablets and other mobile devices by the Board Members and Technical Officers
in the Department in carrying out their duties requires use of an automated system. In addition, with the
technological improvements within the market and by stakeholders, there is need to obtain a system that
will serve the Department better.
It is expected that by automating its processes and procedures, the Department will improve efficiency and
effectiveness in service delivery.
To achieve the foregoing, the following key functional and non-functional areas are to be automated:
1.
Board Management Module - To manage the Board Meetings and corresponding Minutes as well
as associated activities. i.e.
1.1 Boar Meetings Preparations, Conduct and Follow-up
1.2 Profiles and Swearing in of Board Members
1.3 Board Reports
1.4 Administration
2.
Integrated Legal Services Management System
The System should be support the functions of the Legal Services Functions by improve
collaboration, locate knowledge sources and support reporting to enhance Departmental
processes.
2.1
Document Management and Registry Automation Module
To provide an automated process that allows for maintenance (recording, retrieval, storage and
archival) of all documents and allow for access to the documents from other electronic devices, for
example ipads, tablets, laptops etc.
2.1.1 Retention
and
Disposal
Schedule
(File
Life
Cycle:
Opening/Referencing/Appraising and Closing of Files) – To avoid
duplication of file references/different files with the same reference number and
recommend files to be closed.
2.1.2
File Requisition/Retrieval – Online request of files.
2.1.3
File Tracking – To include the officer with the file and the maximum number of
days an officer should have the file.
28
2.2
2.1.4
Bring Up (BU) Tracking – To facilitate tracking of active
documents/correspondences on a real time basis. This will enable the
Department monitor and get to know the status of each document at any given
time in line with the statutory and internal standards regulations.
2.1.5
Inventory - List of all documents and files.
2.1.6
Archival – To provide a mechanism for archival of documents based on a set
of rules and standards to the statutory and internal standards.
2.1.7
Repository Module – It is envisioned that this module shall provide a
repository for statutes, regulations, guidelines and informative articles. The
Module will have all the statutes and should be able to reflect any amendments
made to the statutes.
Conveyance Module - To manage the conveyance processes on a real time basis
incorporating monitoring checks in relation to the statutory and internal standards
regulations. It has the following categories:
2.2.1
Contracts before notification of Award.
2.2.2
Contracts after acceptance of Award.
2.2.3
Supplier Drafted Contracts.
2.2.4
KRA drafted MOUs.
2.2.5
Third Party drafted MOUs.
2.2.6
Lease/Tenancy Agreement before Notification of Award .
2.2.7
Lease/Tenancy agreement after acceptance of Award.
2.2.8
Supplier Drafted Lease/Tenancy Agreements
2.3 Case Management Module – To provide an automated process that allows for allocation,
updating, follow up and review of cases.
2.4 Legal Opinions and Advisory Module - To provide for a platform where all requests for
opinions received are entered and allocated to counsel, turnaround time between receipt of
request for opinion and dispatch of the opinion is monitored and a platform for sharing of
opinions among users.
2.5 Knowledge Base – A repository for all other document and knowledge source including
electronic resources such as libraries etc.
2.6 Billings Module – To allow for processing of bill of costs for services
2.7 Calendar Module – The System should contain a calendar that will be used for diarizing
activities and that will also be integrated with current lotus email calendar.
2.8 Operations Module – To provide support for achievement of the mandates of the main
functions within the Department i.e. Legal Services, Board Coordination and the Registry.
2.9 Reports Module – To provide relevant reports to users.
29
2.10 Rulings Portal – An open and searchable webpage that allows a view of all cases closed
with their respective information such as (Parties Involved, Type – whether tribunal, court
appeal etc., Litigating/Prosecuting Officer, Revenue/Liability Implication, Presiding
Magistrate/Judge/Authority etc)
2.11 Administration Module – To manage system use across the varied services and
allow for configuration of parameters related to system usage for example when/who
to get a notification, alerts e.t.c
Key actors who will interact with the system are:
1.
Board of Directors.
2.
Commissioner General.
3.
Commissioners/and or their Assistants.
4.
KRA Top Management/Senior Management Team One.
5.
Designated Legal Services and Board Coordination Departmental employees.
6.
Select users from other KRA Departments.
7.
System Administrators.
30
DETAILED TECHNICAL SPECIFICATIONS
General
This tender covers the Supply, Delivery, Installation and Commissioning of:
LOT I: Integrated Board Management System
LOT II: Integrated Legal Services Management System
These specifications describe the requirements for goods/services. Tenderers are requested to submit
with their offers the detailed specifications.
The award will be made on Lot basis
Tenderers must indicate on the specifications sheets whether the goods offered comply with each
specified requirement.
All the specifications of the products to be supplied shall not be less than those required in these
specifications. Deviations from the basic requirements, if any shall be explained in detail in writing with the
offer, with supporting data such as calculation sheets, etc. The procuring entity reserves the right to reject
the goods/products, if such deviations shall be found critical to the use and operation of the products.
The tenderers are requested to present information along with their offers as follows:
(i) Shortest possible delivery period of each product
(ii) Information on proper representative including their names and addresses
Bidders should state which of the components (on a clause by clause basis) are readily available in their
systems thus can readily be delivered and how they intend to address the components that are not readily
available in their systems. Additionally, bidders shall demonstrate how the proposed solution will achieve
each of the specifications capabilities for all the Technical Requirements and how they will ensure the
solution meets these requirements.
31
HIGH LEVEL BIDDER’S RESPONSE FOR EACH COMPONENT.
LOT I: Integrated Board Management System
Item No.
High
Feature
Level High Level Feature Description
A
B
Bidder’s Ability to deliver
the feature immediately
after Award of Contract
and without further
Customization
[Immediate Availability]
[Y / N]
Please provide the
Expected Timeline
Required to deliver the
Functionality
(Immediate or
Customization
Timelines)
1
Meetings
Module
To manage the Board Meetings
and corresponding Minutes as well
as associated activities.
2
Profiles and
Swearing in
Module
To manage Board of Directors,
contracts and related information
3
Board Reports
Presentation of various reports in
reference to Board Meetings and
Activities
4
Admin Module
To manage system use across the
varied services and allow for
configuration of parameters related
to system usage for example
when/who to get a notification,
alerts e.t.c.
LOT II: Integrated Legal Services Management System
Item No.
1.
High
Level High Level Feature Description
Feature
Document
Management &
Registry
Automation
The System should be able to
store, retrieve and archive
information pertaining to the
Department and improve
32
A
B
Bidder’s Ability to deliver
the feature immediately
after Award of Contract
and without further
Customization
[Immediate Availability]
[Y / N]
Please provide the
Expected Timeline
Required to deliver the
Functionality
(Immediate or
Customization
Timelines)
Module
collaboration, locate knowledge
sources and support reporting to
enhance Departmental
processes.
2.
Conveyancing
Module
To manage the conveyance and
contract preparation processes on
a real time basis incorporating
monitoring checks in relation to
the statutory and internal
standards regulations.
3.
Case
Management
To provide an automated process
that allows for allocation,
updating, follow up and review of
cases.
4.1
Knowledge
Management Legal Opinions
To provide for a platform where
all requests for opinions received
are entered and allocated to
counsel, turnaround time between
receipt of request for opinion and
dispatch of the opinion is
monitored and a platform for
sharing of opinions among users
Knowledge
Base/Reposito
ry Module
A repository for all other
document and knowledge source
including electronic resources,
libraries etc.
5.
Billings
Module
To assist the Legal Services and
Board Coordination Department
capture relative costs for the
functions and activities they
perform as per the benchmarked
schedules
6.
Calendar
Module
Assist the legal services and
board coordination department
diarize its activities
7.
Operations
Module
Support the role of the Operations
function.
8
Reports
Module
To provide relevant reports to
users.
9.
Rulings Portal
An open and searchable
webpage that allows a view of all
cases closed with their respective
information such as (Parties
Involved, Type i.e. whether
tribunal, court, appeal etc.,
Litigation/Prosecution Officer,
Revenue/Liability Implication,
Presiding
Magistrate/Judge/Authority etc.
33
10
Administration
Module
To manage system use across
the varied services and allow for
configuration of parameters
related to system usage for
example when/who to get a
notification, alerts e.t.c.
TECHNICAL SPECIFICATIONS – CLAUSE BY CLAUSE REQUIREMENTS
This Section contains the detailed specifications of the proposed solution. Bidders are requested to:
1.
Study each section and provide their proposals that best address the KRA Technical
requirements.
2.
Provide additional information, attachments/brochures to support their responses on each of the
clause by clause requirements.
3.
Cross reference their responses by indicating the page number (in the clause by clause bidder’s
response column of the attachments or brochures) where such documents are provided. Simple
statements such as “yes”, “no”, “comply” or any other similar statements will not be
considered as a response.
LOT I: Integrated Board Management System
1. Functional Requirements
Item No
Features
Minimum requirements
Bidders
Response
1
Integrated Board Management System
1.1
Meetings ( Preparation, Conduct & Minutes)
1.1.1
Calendar
of The system should support:
meetings and events
a. Scheduling of annual calendar of meetings and events by assigned
officer(s).
b. Revision of calendar by assigned officer(s).
c. Viewing of the calendar (yearly, quarterly, monthly and weekly) by
designated users.
d. Restricted view of the calendar as per user roles or category of
users.
e. Auto alerts to convener (e.g. Board Secretary) on upcoming
meetings and events as defined by set parameters.
1.1.2
Preparation of action The system should support:
34
Item No
Features
Minimum requirements
Bidders
Response
points and dispatch a. Optional online capture of draft Action Points based on approved
template and/or Uploading (in their original form or PDF).
b. Modification of any part (e.g. a sentence in a page) or the whole of
the action points any time before their dispatch to designated
user(s).
c. Tracking of the versions of the action points and viewing of the
previous versions.
d. Through workflow the ‘dispatch’ of the final version of action points
to designated user(s) for implementation.
e. Generation of Status Updates with auto alerts to designated user(s)
upon dispatch of final version of action points.
1.1.3
Follow
up
of The System should support:
Responses to Action
a. Setting timelines for periodic monitoring of the provision of the
Points
responses.
b. Capturing of any comments by the Unit Heads/ Team Leaders and
Board Secretary.
c. Uploading of the scanned responses (MS Word or PDF) by the
Registry with alerts to Unit Heads/ Team Leaders and Board
Secretary.
d. Generation of a status report by the Team Leader with an alert to the
Board Secretary.
e. Flagging of the request as closed by the Unit Head/Team Leader.
1.1.4
Preparation
Board Meetings
for The system should support:
a.
Generation of a list of members, attendees and invitees for every
Meeting based on the Meeting type.
b.
Generation and dispatch of ‘notice of meeting’ to the members,
attendees and invitees comprising of :
i.
Unique standardized meeting reference.
ii.
Time.
iii.
Date.
iv.
Venue.
c.
Automatic alerts via email and SMS to the Board Members and
attendees/invitees.
d.
Generation and dispatch of draft agenda and table of the matters
arising to the Commissioner General for approval.
e.
Distribution of matters arising from previous Meetings to
Departments in a standard format/template (see attachment).
f.
Capturing of responses to the matters arising in the standard
template above and allow for uploading of attachments.
g.
Reviewing of the responses and attachments in the standard
35
Item No
Features
Minimum requirements
Bidders
Response
template by the Board Secretary.
1.1.5
Other Meetings
h.
Generation and modification of the draft Board papers from the
approved Agenda, approved Minutes, responses and attachments
in the standard template and other supporting documents/Board
Papers from Departments as per the agenda.
i.
Tracking of all versions of the Board papers and viewing of the
previous versions.
j.
Through workflow, Reviewing and approval of the compiled Board
Meeting papers by the Board Secretary.
k.
Dispatch of the final Board papers to the Board Members.
l.
Dispatch of relevant information to attendees and invitees.
m.
Automatic alerts via email and SMS to the Board Members and
attendees/invitees.
n.
Confirmation of attendance of Meetings by Board Members and
attendees.
The system should support:
a.
Generation of a list of members, attendees and invitees for every
Meeting based on the Meeting type.
b.
Generation and dispatch of ‘notice of meeting’ to the members,
attendees and invitees comprising of :
i.
Unique standardized meeting reference.
ii.
Time.
iii.
Date.
iv.
Venue.
c.
Automatic alerts via email and SMS to the Members and
attendees/invitees.
d.
Circulation of previous Meeting’s matters arising to different parties
in a standard format/template with alerts to the parties
e.
Capturing and/or Uploading of responses, to the matters arising,
from different parties in the standard template (See
f.
Reviewing of the responses and appendices in the standard
template by the Secretary.
g.
Generation and modification of the draft meeting papers from the
approved Agenda, approved Minutes, responses and appendices in
the standard template and other supporting documents/meeting
Papers from Departments as per the agenda.
h.
Tracking of all versions of the meeting papers and viewing of the
previous versions.
i.
Through workflow, reviewing and approval of the compiled meeting
papers by the Secretary.
j.
Dispatch of the final meeting papers to the Members.
36
Item No
1.1.6
Features
Conduct
meeting
Minimum requirements
of
Bidders
Response
k.
Dispatch of relevant information to attendees and invitees.
l.
Automatic alerts via email and SMS to the Members and
attendees/invitees.
m.
Confirmation of attendance of Meetings by Members and
attendees.
the The system should support:
a. Sending of alerts to notify members on the commencement date, time
& venue of the Meeting.
b. Signing in to the Meeting by the members, attendees and invitees
from any device
c. Confirmation of quorum or lack thereof by the Secretary.
d. Recording of the commencement of the Meeting.
e. Display of presentation material based on the agenda/Board papers.
f. Optional locking of presentation materials during the meeting to allow
participants view the same material / page / slide at the same time.
g. Insertion of annotations and or comments (private and or public).
h. Display of annotations and comments to the individual participant(s)
during presentation but should not obstruct the presenter.
i. A glance view / scroll of the annotations and or comments on a
separate pane.
j. Search of annotations / comments using key words, date, participant,
meeting / event, subject etc.
k. Optional voting on resolutions within the meeting.
l. Optional real time capture of current Meeting Minutes/Notes.
1.1.7
1.2
Preparation
Minutes
Dispatch
of The system should support:
and
a. Optional online capture of draft Minutes based on approved
template and/or Uploading (in their original form or PDF).
b.
Through workflow, the ‘dispatch’ of the draft Minutes to designated
user(s) for review and/or approval.
c.
Auto alerts to designated user(s) upon dispatch of draft Minutes.
d.
Modification of any part (e.g. a sentence in a page) or the whole of
the draft minutes any time before the dispatch of the final minutes
to designated user(s).
e.
Tracking of the versions of the minutes and viewing of the previous
versions.
f.
Through workflow, the uploading of the final Minutes to the draft
Board papers as per agenda.
Profiles and Swearing in Modules
37
Item No
Features
Minimum requirements
1.2.1
Record Management The system should support:
Bidders
Response
a. Creation and Maintenance of the current records of the Board of
Directors, Commissioner General and Commissioners
b. Full Names, Letter of Appointment, Gazette Notice of Appointment,
Term of appointment, experience, title, region, gender, contact
information (office and residential), Date of Birth, Academic and
professional background, membership to other Boards and/or
bodies, Personal information including copies of ID, Passport, PIN,
NSSF, NHIF, date of appointment and date of expiry of appointment
.
c. General amendment of information in respect to members,
commissioners and other staff.
d. Maintenance of past history of appointments of the Board of
Directors, Commissioner General Commissioners and other staff.
This would include the full names, Title of appointment, Dates of
appointment, Tenure of appointment, expiry date of appointment,
Contacts (physical and postal address, mobile numbers).
e. Uploading of the relevant Legislation, Regulations, Circulars and/or
Approvals relating to rate of allowances and other benefits due to
Board of Directors and Commissioners.
f.
1.2.2
Management
Term of Service
Capturing of all meetings and activities attended by Board Members
in a standard template.
of The system should support:
a. Sending an alert and notification to the Chairman, Commissioner
General and Board secretary on a vacancy for the Position of the
Chairman of the Board, Board members, Commissioner General and
Commissioners.
b. Sending an alert and/or notification based on a parameterized period
in case of expiry of a term (weekly, monthly,)
c. Sending an alert and/or notification (weekly, monthly,) based on a
vacancy arising in the case of;
i. Resignation.
ii. Natural attrition.
iii. Termination of contract.
d. Revocation (where applicable).
e. Uploading of the formal communication of the vacancy with the
appropriate details.
1.2.3
Appointment
Swearing in
and The system should support
a. Uploading of the appointment instrument(letter of appointment for
the CG and commissioner) and Gazette Notice for chairman and
BOD
b. Capturing of the Gazette notice no, Date of Gazette notice /
38
Item No
Features
Minimum requirements
Bidders
Response
Instrument, Full name of appointee, Effective date of appointment,
Term of appointment, Summary of terms of appointment, Issuer of
the Gazette notice)
c. Uploading of communication to Judiciary requesting for swearing in
of the appointees.
d. Capturing of the date, time and particulars of the candidate to be
sworn as communicated by the Judiciary.
e. Sending of an email alert to the candidate on the date, time venue
and other particulars of the swearing in with an alert to the
Commissioner General and Board Secretary.
f.
The system should support a status update of the swearing in
process.
g. Uploading of the sworn Statutory Declaration and the capturing of
relevant details such as date of swearing in.
h. Sending an alert to the System Administrator to create the
candidates profile.
1.2.4
Training of Board The system should support
Members
a. Capturing of the Annual Training Programme for Board Members.
b. Generation an inventory of trainings attended by each member.
c. Maintenance of an inventory of the Board of Directors training
needs.
d. Updating of a to c above.
1.3
Board Coordination The system should support generation of:
Division Reports
a.
Meetings Periodical reports showing:
Meeting/Activities dates, Duration, Type of Meeting/Activities
(Committee, special Committee, Special Board, Monthly Board)],
Agenda, Number of Meeting-eg 1st ,2nd ....nth Board Meeting,
Members who attended (Present), Attendees to the Meeting (In
Attendance), Apologies received.
b. Directors Reports Directors name, tenure, no of meetings/activities attended(weekly,
monthly, annually), allowance paid, Category (Director, Chairman,
Commissioner General Commissioner, Trustees, Date of
Appointment/Gazettement, Date of Swearing In.
c. Historical appointment reports showing:
Directors name, tenure, period of service, date of expiry of term.
d. Conveyance Periodical reports based on the following variants
i.
Numbers drafted per period / per officer / per type or
category
ii.
Lists of instructions received by date / month
iii.
Lists of allocations done by date / month
39
Item No
Features
Minimum requirements
Bidders
Response
iv.
Lists of conveyances vetted by date
v.
Lists of conveyances executed by date / month
e. Customized daily activities report
1.4
Administration
Module
1.4.1
User/group/workspac The system should support:
e management
a.
Creation
of
user
i.
accounts
Creation of unique users account (as per the KRA Information
Security policy)
 Username
 System generated password
ii.
Sending of user credentials by email and / or SMS
iii.
Use of password security questions to aid in password reset
authentications.
iv.
Resetting of users’ account
 Password security questions
 System generated password
 Sending of user credentials by email and / or SMS
v.
Updating of basic user details as appropriate
vi.
Creation of individual user workspace
vii.
Updating of user ‘availability’ for automatic system allocation of
task status
viii.
Assignment of roles and permissions to users
b.
User
accounts The system should support:
management
i.
Enabling / Disabling of user(s) account.
(Enable / Disable
ii.
Inheritance of user profiles across the disabled and inheriting
accounts)
user(s).
c.
Creation
and The system should support:
management
of
i.
Creation of groups/workspaces/teams.
groups/workspaces/T
eams
ii.
Updating of basic group/workspace details as appropriate.
d.
iii.
Enabling / Disabling of groups/workspaces.
iv.
Assignment of user(s) to group(s).
Creation and
The System should support:
management of roles
i.
Creation of roles e.g. Global administrator, workspace/group
administrators, workspace/group content manager, ordinary
user.
ii.
Assignment of roles.
40
Item No
e.
1.4.2
a.
Features
Minimum requirements
Creation and
management of
permissions at
document creation
The system should support:
i.
Creation of permissions e.g. Create/write, update/change,
delete/remove, read/view, copy, print, email etc
ii.
Assignment of permissions
System Settings
System
functional The system should support configuration of parameters as per set
parameters
standards for instance:
i.
ii.
iii.
iv.
v.
vi.
vii.
b.
Bidders
Response
Upcoming meetings notification (value = x days before date of
meeting).
Scheduled meeting reminder (value = x days before date of
scheduled meeting).
Pending minutes i.e. to invoke minutes preparation (value = x
days after date of held meeting).
Pending Acton Points i.e. to invoke Acton Points preparation
(value = x days after date of held meeting).
Pending Vacancy (value = x days before expiry of term).
Set up and configuration of options and default settings for all
modules, e.g. KRA logo, organization structure, etc.
Password expiry timelines (value = x days after date of
creation).
Configuration
and The system should support:
management
of
i.
Configuration of system devices e.g. iPads e.t.c.
system devices
ii.
Registration / Deregistration of devices to access the system.
iii.
Data ‘wipe’ options for ‘retired’ devices
2. Non-Functional Requirements
Item No
Features
Minimum requirements
2.
General System Requirements
2.1
Features
Bidders
Response
The System should support :
a. Custom Forms:
creation of custom forms based on particular requirements, internal
templates such as memos, meeting minutes template, general
internal memo template, internal memo template for action points,
matters arising template, BOD Profiles, BOD Contracts etc
a.
Video and teleconferencing.
b.
Various Annotation modes e.g. multicolor, highlight, note, drop pin,
strike through, underline etc.
41
Item No
Features
Minimum requirements
Bidders
Response
c.
Support online editing of documents.
d.
Inbuilt email system.
e.
Alerts.
f.
i.
within system
ii.
email
iii.
SMS
System printing
g. Maintenance of templates especially sign off pages and or standard
documents’ cover pages
h. Electronic Signatures:
The system should support the appending of electronic signatures
to all correspondence generated from the system
i.
A data import/export utility to import/export pre-existing data
directly via multiple data formats e.g. MS Excel, CSV e.t.c
j.
Folder / Document / File Uploading(s) and download(s)
i. singular
ii. Singular and batch
iii. drag and drop
k. Uploading various document formats e.g. PDF,DOC etc
l.
Linking of the Uploaded documents to the associated captured data
for referencing
(i.e. Meta data creation and update and linkage to associated
documents with an indices to create searchable content)
m. Document versioning
n. Inbuilt document viewer systems
p. Folder / Document / File / Text searches using key word(s), date,
participant, meeting / event, subject etc and based on applicable
user appropriate access rights and permissions:
i.
Globally in the respective user authorized workspaces/groups
and or specifically within specific document pages
ii.
Discussion forum(s) within groups / workspaces
iii.
Document Approval procedure / process within groups /
workspaces
q. Online display of names of logged in users.
42
Item No
Features
Minimum requirements
Bidders
Response
i. Administrators are to have a ‘general view’ i.e. can view all
users across the various groups they administer
ii. Standard users are to view users within their specific group
r.
An authenticated audit trail of system transactions
s. Allow access by multiple users from multiple platforms including
mobile access.
t.
Be interactive and provide appropriate error messages
u. Have a user operating manual / standard / guideline (adequate
documentation that describes at minimum, the design, functionality
and use of the system)
v. Appropriate document management in the folders e.g. using a
standard filing, naming and grouping convention
w. Sending of documents to archive
x. Retrieval of documents from archive based on permissions and
access rights
y. Offline working copy (replica) to allow for remote site usability
z. Secure password protected access for each individual user and
administrator of the system
aa. The following features to maximise utility and security
i.
Electronic signatures
ii.
Intruder lock-out
iii.
Strong passwords
iv.
Password expiration
bb. Easily understood structure in such a way as to be understood by a
novice user within a short period
cc. Predictive input/ menu based input functionality where possible to
minimize user interaction
dd. Common look and feel across modules, e.g. common placements of
buttons, boxes, choices and even messages so that users are not
confused. This will shorten the user learning curve
ee. N-Tier Web based system and provide seamless integration with
KRA's existing Domino Mail Server system (Lotus Notes) for
automated reminders as well as other systems
ff. Error logging - the system should have comprehensive error
handling routines
43
Item No
Features
Minimum requirements
Bidders
Response
gg. Running 24 x 7 continuously with minimal downtime
hh. Average response time for interactive transactions should be less
than 2 seconds
2.2
Scalability
System modules should have the capability of being enhanced or
modified with minimal impact to other interfacing modules
2.3
Business
Continuity
Data recovery, fall-back/roll-over mechanism as well as be able to roll
back transactions
2.4
Work Plan and The bidder is expected to indicate a project implementation strategy and
Methodology
methodology that will allow both the bidder and the client to be part of
the delivery to ensure holistic delivery of the product as well as highlight
the Work Plan(s) to deliver and commission the system by highlighting
the activities, deliverables and milestones to achieve this.
2.5
Demonstration The bidder is expected to be able to demonstrate the system upon
request during evaluation.
2.6
References
The bidder is expected to give a list of references where the solution has
been implemented for a similar client. The Evaluation team may contact
these references or pay them a visit to ascertain level of implementation
and customer satisfaction.
2.7
Site Visit
Prospective bidder is expected to visit the premises to allow for
appreciation of the organization’s infrastructure and integration with the
existing systems such as lotus domino
3. Integration
Item No Features
Minimum Requirements
Bidder’s
Response
3.
Integration
3.1
User Authentication The system should support Integration with KRA’s Microsoft Active
Directory (AD) implementation to manage the identities, user accounts and
user groups.
3.3
Alerts
Notifications
3.4
Master Calendar
and The system should support:
a.
Integration with KRA’s Domino Server (Lotus Notes) implementation
for email notifications.
b.
Integration with SMS service for SMS alerts where necessary.
The system should support integration with the Departments Master
calendar
44
3.5
Document
Management
Integration with the Document and Registry Management System
4. Security Requirements
Item No Features
Minimum Requirements
4.
Security Requirements
4.1
User
Authentication
Bidder’s
Response
The system should support the following:
a.
Each user must be authenticated with a unique user-id / username
and password on the application. The User IDs / Usernames should
be case sensitive.
b.
All user accounts must be managed with reference to and in
synchronization with an authoritative central user management
system e.g. identifying personal numbers in KRA’s active staff
database (Active Directory, Central HR database or the ERP etc.)
for
internal
KRA
users
NB: User accounts management activities include but not limited to
new user creation, user maintenance, and user authentication
(during login).
c.
All new user accounts must have a system-generated random
password when created. A secure way of communicating the initial
password to the user should be utilized, e.g. via an e-mail account.
d.
The system must prompt users to change their passwords the first
time they log on to the application.
e.
The system must support password expiry features with a
configurable frequency. This should be parameterized to allow
flexibility in adjusting this value as required.
f.
The system should not support automatic logins to guard against
brute force attacks. The login page should include a challenge
which the user responds to before proceeding with the login.
g.
The system must implement the following Password Strength
Controls:
i.
ii.
Passwords should have a configurable minimum and maximum
lengths
Password must meet a configurable combination of the
following 4 complexity rules:
 at least 1 uppercase character (A-Z)
 at least 1 lowercase character (a-z)
45
Item No Features
Minimum Requirements
Bidder’s
Response
 at least 1 digit (0-9)
 at least 1 special character (punctuation)
h.
These password features should be configurable to support future
complexity requirements
i.
During password change, if the new password doesn't comply with
the complexity policy, the error message should describe EVERY
complexity rule that the new password does not comply with
j.
The solution should implement a secure self-service password
recovery mechanism in the event the user forgot their password
k.
Any password reset/recovery mechanism option must not reveal
whether or not an account is valid, preventing username harvesting
l.
The login page and all subsequent authenticated pages must be
exclusively accessed over TLS. All active sessions must be
encrypted
m.
The solution should support expiring of newly created accounts if
not used for a configurable period of time. This should be
parameterized to allow flexibility in adjusting this value as required
n.
The solution must support a password change notification and a
configurable number of grace logins. The password must be
changed after a configurable duration. This should be
parameterized for flexibility
o.
The solution must support password lock out after a configurable
number of unsuccessful login attempts. This should be
parameterized to allow flexibility in adjusting this value as required
p.
The solution should respond with a generic error message
regardless of whether the user ID or password was incorrect. It
should also give no indication to the status of an existing account.
The generic message should not reveal which of the authentication
parameters is invalid
q.
The solution must expire a user account after the session has been
idle for a configurable period of time. This should be parameterized
to allow flexibility in adjusting this value as required
r.
The solution should support re-authentication for sensitive features
e.g. before updating sensitive account information such as the
user's password, user's email, or before performing sensitive
transactions. The function(s) requiring re-authentication should be
configurable/determined
s.
The solution must not allow the re-use of a past password until a set
period of time and a set number of password changes have been
46
Item No Features
Minimum Requirements
Bidder’s
Response
made. This should be parameterized to allow flexibility in adjusting
this value as required
4.2
Session Management:
4.2.1
User session
4.2.2
Session
Expiration
The system should support:
a.
Allowance of only one session per user operating from a single
computer unless a specific business case has been established for
allowing multiple sessions per user. The allowing of multiple sessions
to users based on business needs should be configurable
b.
Concurrent user logins by a user from multiple computers should not
be allowed
c.
Capturing of all relevant session information and stored in a secure
and auditable location
d.
The solution to implement secure session IDs, generation of
identifiers (IDs or tokens) must meet the following properties:
e.
Session ID fingerprinting: The name used by the session ID should
not be extremely descriptive nor offer unnecessary details about the
purpose and meaning of the ID. The default session ID name of the
web development framework should be changed to a generic name
f.
Session ID length: The session ID must be long enough to prevent
brute force attacks, must be at least 128 bits (16 bytes)
g.
Session ID entropy: The session ID must be unpredictable (random
enough) to prevent guessing attacks, a good PRNG Pseudo Random
Number Generator (PRNG) should be used
The system should support:
a. Expiration timeouts set for every session regardless of the activity. All
sessions should implement an idle or inactivity timeout. The duration
should be parameterized and configurable
b. The solution, which should provide a visible and easily accessible
logout (logoff, exit, or close session) button that is available on the
web application header or menu and reachable from every web
application resource and page, so that the user can manually close
the session at any time
c. A solution that when a session expires, takes active actions to
invalidate the session on both sides, client and server. The logs
should record the session expiration details
d. When the user logs out of the application the session and
corresponding data on the server must be destroyed. This ensures
that the session cannot be accidentally revived
47
Item No Features
Minimum Requirements
Bidder’s
Response
e. Force session logout on web browser close window events
f.
The session ID exchange mechanism based on cookies to use
multiple security features in the form of cookie attributes such as
Secure Flagging ofs, Http Only, Domain, Path, Expire and Max-age
attributes
g. In the solution design, backward process flows should clear all
authentication fields
h. The solution which should implement Role based Access Control
(RBAC) profiles for authorization based on business definitions
i.
Roles to be granted permissions based on the principle of least
privilege i.e. the solution should support an additive access model
j.
Access control, which must be granular to facilitate adequate
separation of duties, for example:
k. Functions, which should be independently available for allocation to a
role
l.
Separation of duties e.g. data entry, authorization and final approval
m. Data entry staff with the minimum access levels required to enter
data
n. Authorization staff with an access level that allows them to authorize
but not necessarily change the data that was entered
o. Provision to final approval staff should with the required access level
to finalize the process /transaction
p. The solution which should not access the database(s) as a privileged
or administrative user. The application should always connect as a
non-privileged user
If the database is accessed through a common application user, that
user should not own the objects in the database
q. Credentials that should never be stored directly within the application
code (hardcoding credentials)
Credentials should always be encrypted
r.
The solution to perform consistent authorization checking routines
when navigating on all application pages to ensure that the user
accesses what they are explicitly authorized to access by their roles
s. The solution to use the POST method over GET for processing HTTP
requests
t.
The solution should log all access authorization requests to a secure
and auditable location
48
Item No Features
Minimum Requirements
Bidder’s
Response
u. Error messages to be standard and not provide information alluding
to the reason for the error allowing an attacker to deduce effective
attack methods
v. Logs, which should not contain password information
w. Copy and paste must not work for data entry when authenticating to
the application
x. All input fields must be validated to accept matching data types
including case sensitivity where necessary
y. All data entry fields must have input validation mechanisms to
prevent cross-site scripting attacks
z. Sensitive information must not be stored in a persistent cookie, or
other location on the client computer that does not have enforceable
access control mechanisms
aa. Any sensitive content sent to the client machine must not be cached,
unless encrypted using approved methods. The application should
set the proper directive to cause the client not to cache the sensitive
data
bb. The solution should not present any sensitive information to
unauthenticated users
cc. All data exchanges between the solution and other systems should
be encrypted by an approved method
dd. The solution should only implement cryptographic functions selected
from an approved list. Any cryptographic functions used that are not
previously approved require an exception
ee. Recommended algorithms (with minimum bit lengths), in order of
preference, are:
ff. Hashing: SHA ‐512, SHA ‐256 or better
gg. Symmetric: AES256, AES192, AES128, 3 ‐DES (168 bits),
Blowfish(minimum 128 bits), Twofish (minimum 128 bits), IDEA (128
bits),and RC4 (128 bits)
hh. Public-Private key (Asymmetric): RSA(minimum 2048 bits) and
DSA(minimum 2048 bits), ElGamal (minimum 2048 bits) or ECDSA
with relatively short key & signature lengths but with same high
security level to other stated algorithms (since the signature is to be
incorporated on to the tax invoice issued, it needs to be short)
NB: Weak algorithms, such as MD5 or SHA1 should not be used
ii.
Hashing should be salted and the values used for salting protected.
49
Item No Features
Minimum Requirements
Bidder’s
Response
Only the hashed and salted value should be stored. (Passwords
should be encrypted)
jj.
All user activities and transactions such as printing, viewing, updates,
inserts and other data manipulation should capture and log to the
minimum the date and time, user ID, session ID, the URL accessed
and the source IP & remote IP. They should indicate the parameters
necessary to uniquely identify the specific transactions done in the
respective transaction tables. This should be implemented
independently from the database audit trails
4.3
Audit Logs Management:
4.3.1
Application
Event Logs
The system should collect and log the following application event logs:
a. Authentication successes and failures
b. Authorization failures
c. Session management failures
d. Solution errors, alerts and events
e. The solution start-ups and shut-downs, and logging initialization
(starting and stopping)
f.
Use of higher-risk functionality e.g. addition or deletion of users,
changes to privileges, creation and deletion of system-level objects
etc
g. URL of the web page(s) accessed by a user for Internet facing
applications
h. Modifications to the application
4.3.2
Database audits All database audits must log the following:
a. Application User-ID
b. Date & Time of event
c. The source and remote IP address
d. Type of event/action performed by the user
e. Module accessed by the user
f. Success or failure of the event
g. Source of the event
h. Before and after values (where applicable, i.e. master files)
i. Account creation, lockouts, modification, or deletion
j. Modifications of privileges and access controls
50
Item No Features
Minimum Requirements
Bidder’s
Response
k. The solution should correlate application activity logs and database
transactions. That is for every database transaction, it should be
possible to explicitly identify the application activity responsible
4.3.3
Violation Log
A violation log must exist to track any attempted unauthorized access to
the application and should bear the following information:
a. URL accessed by the user
b. Particular activity intended/attempted by the user
c. Particulars sufficient to identify targeted transactions if available
d. Workstation-ID or IP address of access
e. Date & Time of event
f. All updates, insertions and deletions must be clearly traceable to an
application user with corresponding time and source information (IP
module and function)
4.3.4
Other audit logs: The system should have the following audit logs:
a. Provide an interface to review and report on solution logs
b. Transaction data stored should capture information that allows similar
traceability, with database audit trailing implemented
c. All valid and failed login attempts must be logged with meaningful
information that is actionable for investigative purposes if fraud is
detected. However, passwords must not be logged
d. All password recovery reset attempts must be logged with meaningful
information that is actionable for investigative purposes if fraud is
detected
e. All user and account management changes and attempts must be
logged
f.
Database audit trails should be present for all dynamic and static
tables of interest, e.g. Parameter tables, Transaction Tables, etc
g. All system servers are kept in sync with a time synchronization
mechanism
h. All data entry and manipulations must be done through the
application interfaces and never directly to the database
i.
Where data is supplied to the application from an authoritative
source, the application must NOT allow users to modify this data
j.
Reference data should not be altered by users in subsequent
transactions
k. Sensitive information is NOT stored in hidden fields if the application
51
Item No Features
Minimum Requirements
Bidder’s
Response
is web-based
l.
For web based interfaces, the solution must use a secure method to
transmit data e.g. Using the HTTP POST method instead of the less
secure GET method
m. If the application connects to a database, application server, or any
system that utilizes application IDs, it is using an account that has
been granted access to only objects and functions needed for
operation of the application. The application does NOT connect to a
database as a privileged user, such as the SA account in SQL Server
or SYSTEM account in Oracle, Postgress, etc.
n. If the system directly faces the Internet, it does NOT store or cache
confidential data, even for a short duration. This includes file
Uploadings and downloads, source code, etc
o. The system should have mechanisms/controls to guard against URL
manipulation and/or targeted URL attacks
p. The system should have mechanisms to guard against user
impersonations
q. The system should allow identified functions to be accessible from
restricted networks
5.
Training and Skills Transfer
Capacity building is necessary to build competence and to institutionalize the usage of the iBoard System
within KRA.
The bidder should possess experienced trainers to be able to transfer knowledge to KRA’s staff. The
successful bidder should provide a detailed Training Schedule for their solution, detailing the training
approach and methods, location, and curriculum as well as indicated the cost of training in the price
schedule.
Item No
Features
Minimum Requirements
5.1
Technical
Assessment
Skills The bidder is expected to explicitly state the technical skills
required to successfully implement and sustain the
System.
5.2.
Methods of Training The bidder is expected to elaborate on their proposed
and Skill Transfer
training methods to be used for skills transfer which will
ensure that KRA has enough internal capacity to maintain
and use the System.
52
Bidder’s Response
5.3.
Training Curriculum
The bidder is expected to provide the training curriculum to
be used to train at least forty (20) business users on use of
the system. These users will then train other end users
(Training of Trainers concept)
The training curriculum shall adhere to the functional
requirements.
5.4
Admin/Technical
Training
The bidder is expected to provide the training curriculum to
be used to train at least 10 IT technical users
(administrators and support staff)
5.5
Training Materials
The bidder is expected to provide all trainees with training
material both soft and hard copies.
5.6
Training Evaluation
The bidder is expected to provide a methodology of
evaluation of the training, learning and skills transfer.
5.7
Training facility
All trainings must be provided at an accredited center or
laboratory. Bidders shall propose training site and location.
6. Support and Maintenance
The system is expected to handle at least 100 concurrent users. After completion of the project, continuing
support and maintenance activities will be required from the contractor for a period of time where the
system will be on warranty where no additional costs shall apply during this period and continued support
and maintenance where the support and maintenance fees are to be indicated in the price schedule. This
would also include on-site support, hence the bidder must demonstrate availability of local support.
Bidders are required to provide a clause-by-clause response to the specifications in the given format. All
bidders are expected to demonstrate and give detailed information on how their proposed system meets
the requirements identified below:
Item No.
6.1
Features
Minimum Requirements
Bidder’s
Response
System and The bidder is expected to:
infrastructure
Licensing
 Indicate the period of warranty (not less than 12 months)

Hand over Intellectual Property Rights related to the
customization to KRA, including all related designs and all
relevant further documentation or propose an agreeable escrow
contractual agreement.

Grant to the KRA license to access and use the Software,
including all inventions, designs, and marks embodied in the
Software.
53
Item No.
Features
Minimum Requirements
Bidder’s
Response
Such license to access and use the Software shall be:

Nonexclusive;

Fully paid up and irrevocable (except that it shall terminate if the
Contract terminates in which case the blame is on the bidder)

Valid for use within the processes of KRA, within the volume
restrictions of the license structure
The software should be permitted to be:

Used or copied for use on or with the computer(s) for which it was
acquired (if specified in the Technical Requirements and/or the
bidder‘s bid), plus a backup computer(s) of the same or similar
capacity, if the primary is (are) inoperative, and during a
reasonable transitional period when use is being transferred
between primary and backup;

Used or copied for use on or transferred to a replacement
computer(s), and use on the original and replacement
computer(s) may be simultaneous during a reasonable
transitional period) provided that, if the Technical Requirements
and/or the Bidder’s bid specifies a class of computer to which the
license is restricted and unless the Bidder agrees otherwise in
writing, the replacement computer(s) is (are) within that class;

If the nature of the System is such as to permit such access,
accessed from other computers connected to the primary and/or
backup computer(s) by means of a local or wide-area network or
similar arrangement, and used on or copied for use on those
other computers to the extent necessary to that access;

Reproduced for safekeeping or backup purposes;

Customized, adapted, or combined with other computer software
for use by the Purchaser, provided that derivative software
incorporating any substantial part of the delivered, restricted
Software shall be subject to same restrictions as are set forth in
this Contract;

The Software license shall permit the Software to be disclosed to
and reproduced for use (including a valid sublicense) by support
service suppliers or their subcontractors, exclusively for such
suppliers or subcontractors in the performance of their support
service contracts subject to the same restrictions set forth in this
The Bidder‘s right to audit the Standard Software will be subject to the
54
Item No.
Features
Minimum Requirements
Bidder’s
Response
following terms:
6.2
Product
upgrades

The Bidder will allow, under a pre-specified procedure and solely
for the purpose of auditing the Standard Software, execution of
embedded software functions under the Bidder‘s control, and
unencumbered transmission of resulting information on software
usage.

The Bidder will not include programming in Software that restricts
and/or limits access to certain features, functionality or capacity of
such Software subject to the Purchaser making payments or for
other self-help or retaliatory

At any point during performance of the Contract, should
technological advances become available for Information
Technologies originally offered by the Bidder in its bid and still to
be delivered, the Bidder shall be obligated to offer to the
Purchaser the latest versions of the available Information
Technologies having equal or better performance or functionality
at the same or lesser unit prices

At any point during performance of the Contract, for Information
Technologies still to be delivered, the Bidder will also pass on to
the Purchaser any cost reductions and additional and/or improved
support and facilities that it offers to other clients of the Bidder in
the Purchaser‘s Country

During performance of the Contract, the Bidder shall offer to the
Purchaser all new versions, releases, and updates of Standard
Software, as well as related documentation and technical support
services, within agreed timelines.

During the Warranty Period, the Bidder will provide at no
additional cost to the Purchaser all new versions, releases, and
updates for all Standard Software that are used in the System,
within agreed timelines.

During the Warranty Period, the Purchaser shall introduce all new
versions, releases or updates of the Software within agreed
timelines of receipt of a production-ready copy of the new version,
release, or update, provided that the new version, release, or
update does not adversely affect system operation or
performance or require extensive reworking of the System. In
cases where the new version, release, or update adversely
affects system operation or performance, or requires extensive
reworking of the System, the Bidder shall continue to support and
55
Item No.
Features
Minimum Requirements
Bidder’s
Response
maintain the version or release previously in operation for as long
as necessary to allow introduction of the new version, release, or
update.
6.3
Duration
of In relation to standard software, the license agreements should be
license
perpetual. The support on these licenses should cover an agreed
agreements
period after the start of the project. After this period KRA must be able
to extend the support directly with the product owner.
6.4
License
numbers
The bidder is expected to propose a license structure which is most
suitable to KRA regarding the following figures:

100 concurrent users of the system
6.5
Support
contracts
Support in relation to software licenses should be on premier level
(gold)
6.6
Product
Upgrades
At any point during performance of the Contract, should technological
advances be introduced by the Bidder for Information Technologies
originally offered by the Bidder in its bid and still to be delivered, the
Bidder shall be obligated to offer to the Purchaser the latest versions
of the available Information Technologies having equal or better
performance or functionality at the same or lesser unit prices.
6.7
Cost
reductions
At any point during performance of the Contract, for Information
Technologies still to be delivered, the Bidder will also pass on to the
Purchaser any cost reductions and additional and/or improved support
and facilities that it offers to other clients of the Bidder in the
Purchaser‘s Country
6.8
General
conditions
All equipment that will be delivered by the bidder needs back-to-back
manufacturer support. The goods need to be delivered from eligible
countries as listed by United Nations Security Council taken under
chapter VII of the Charter of the United Nations
6.9
SLA
The bidders shall propose a service level agreement that addresses
the following:

Escalation matrix

Contact persons

Response time (2 hours)

Proof of local presence

Online support from manufacturer

Any other related SLA requirements
56
LOT II: Integrated Legal Services Management System
1. Functional Requirements
1.
INTEGRATED LEGAL SERVICES MANAGEMENT SYSTEM
1.1
Document & File Management
1.1.1
Inventory – Files in registry
(a)
Data Capture of Legal The System should support:
Services
Division
i. Capturing of the file details including reference number,
Files
parties involved, officer handling case, summary and value of
subject matter and status.
ii.
Cross referencing of related files based on file reference
numbers.
iii. Capturing of security/guarantee for tax for each case.
iv. Freezing and unfreezing of file details from further
amendments as captured in the inventory
(b)
Data
Capture of The system should support:
Board Coordination
i. Capture of the file details including reference number, parties
Division Files
involved, officer handling file, file type and status.
ii.
Freezing and unfreezing of file details from further
amendments as captured in the inventory
iii. Cross referencing of related files based on file reference
numbers.
(c)
File Requisition
The system should support:
i.
Request/Requisitioning of a file or related files by an officer
with an SMS and/or email alert to the registry officer.
ii.
Confirmation of availability status of the file with an alert to the
registry officer.
iii. Dispatch of file(s) to the officer by the registry officer with set
timelines for return
iv. Periodic reminders (Daily, weekly) to the requisitioning officer
on file return.
v. Allow periodic extension of timelines for officers to hold a file
(days/weeks) by the requisitioning officer with an alert to the
Registry.
vi. Return of file by the requisitioning officer.
vii. Upon return, change of availability status with alert to
requisitioning officer.
(d)
File Opening
The system should support:
57
(e)
File Closure
i.
Creation of a new file by capturing details including unique
reference number, parties involved and/or type of file and
officer handling case.
ii.
Upon creation of the file, automatic/sequential allocation of
the file to officer with an alert to the team leaders and
reallocation officer.
The system should support:
i.
Flagging of a file for closure, with alert to the Registry and
Head of Department.
ii.
Capturing of closing comments (including whether file is a
permanent record, how long it should be maintained, how it
should be disposed etc) by the officer, team leader or head of
department.
iii. Scheduling of disposal of closed file as per set timelines.
1.1.2
File Bring Ups (BU) and Tracking
(a)
BU
Cycle
(Self The system should support:
Generated BU)
i. Creation of a BU cycle by an officer.
ii.
Generation of an automatic alert when the BU is due to the
requisitioning officer.
iii. Requisition of the file by the requisitioning officer.
(b)
BU
Cycle
(User The system should support the generation of specific BU by the
Generated BU)
handling officer, with an automatic alert (SMS and email) to the
litigation officer on due date to track bank guarantees/securities.
1.1.3
Document Scanning and Imaging
(a)
Scanning
Documents
of The system should support:
a. Scanning of documents at resolutions of 100-400 DPI in half
tone, gray scale modes.
b. Scanning, indexing, and commit documents in batches as
well as individually.
c. Manual alteration of the image index to correct operation
errors.
(b)
Viewing
Documents
of The system should support:
a. Efficient means of document retrieval and rapid page to page
transition.
b. Scanned document to be rotated, moved on the screen,
scrolled page by page
c. Provision of security control over access to document
images, scanning, print and fax operations, and over index
database information.
d. Handling of multiple, simultaneous requests for an imaging
document, and for multiple imaging documents.
58
e. Document security features that decide which users have
access to which documents
f.
Document archiving and Support document retention and
destruction schedules and rules
1.2
Conveyancing Module
2.2.1
Contracts before notification of Award
(a)
Receive instructions to The system should support:
draft contract from
Procurement Division as a. Uploading of scanned documents, order, batch and assign
them a unique reference number.
per checklist (Refer
Appendix I)
b. Automatic/balanced allocation of the file(s) to the drafting
officer(s) for drafting of the contract.
c. Sending of an allocation alert to the drafting officer.
(b)
Re-allocation of the The system should support re-allocation instructions by the reinstructions to draft allocating officer and capture reason for re-allocation.
contract
(c)
Drafting of the contract The system should support :
a. Upload, storage, versioning and tracking of iterations e.g. first,
second …nth drafts of draft documents in their original form for
example MS Word and PDF.
b. Automatic archiving of older versioned documents and allow
for their access
c. Capturing and categorizing information regarding data
obtained from relevant registries including company and land
registries on legal status of corporate bodies.
i.
ii.
iii.
Information obtained through this mode is categorized as
‘personal’ and ‘official’ searches.
Capture the data on personal search using a pre-defined
internal form (Refer Appendices II & III).
Capture the data on official search and support the
Uploading and storage of the physical official search
report.
(d)
Submission of the draft The system should support through a workflow ‘dispatch’ of the
contract for reviewing. draft contract (in original form and/or PDF) by the drafting officer to
the Reviewing Officer.
(e)
Review of draft contract. The system should support insertion of annotations on the draft
contract document by the Reviewing Officer.
(f)
Review feedback and The system should support:
amendments
a. Through a workflow ‘dispatch’ of the comments /annotations
together with the draft (in its original form or PDF).
b. Tracking of comments made by the reviewing officer.
c. Uploading of documented comments from external review
sources e.g. The Attorney General (State Law Office).
(g)
Dispatch
of
the The system should support:
59
penultimate
contract
draft a. Through a workflow the ‘dispatch’ of the penultimate draft
contract (in PDF) by the reviewing officer to Procurement
Division.
b. Sending of an automated alert to Head of the user Department
and the Procurement Division on dispatch.
(h)
Receive Feedback from The system should support:
Procurement, Supplies
a. Uploading of the scanned documents [Memo, Notification of
Services Division.
award, Letter of acceptance, penultimate Draft contract with or
without comments], order them in a batch and link them to the
earlier assigned unique reference number.
b. Automatic sending of the file to the drafting officer.
c. Sending of automated alerts to the drafting and reviewing
officers.
(i)
Editing, compilation of The system should support:
final contract package in
readiness for sign off, a. The final editing of the penultimate draft contract package by
the drafting officer.
signature,
sealing,
stamping and tag of b. The freezing of the changes on the penultimate draft contract
reference number as
package, tagging it as final and printing by the reviewing
closed.
officer.
c. Uploading of the scanned signed contract document by the
Registry.
d. Sending of alerts upon uploading of the signed contract to the
relevant Internal Stakeholders (Finance, Procurement and user
Department).
e. Uploading of the scanned stamp duty paid page and linking it
to the signed final contract package, capturing the details of
the stamp duty and uploading copy of receipt by the Registry.
f.
Sending of alerts upon Uploading of the scanned stamp duty
paid page to the relevant Internal Stakeholders (Finance,
Procurement, user Department, supplier and assigned drafting
& reviewing officers).
g. Dispatch of the registered contract to Finance, Procurement,
user Department and Supplier by the Registry.
h. Flagging of the file reference number as closed by the
Registry.
1.2.2
Contracts after acceptance of Award
(a)
Receive instructions to The system should support:
draft the contract from
Procurement Division as a. Uploading of scanned documents, order, batch and assign
them a unique serialized reference number by the Registry.
per checklist (Refer
Appendix I)
b. Automatic/balanced allocation of the file(s) to the drafting
officer(s) for drafting of the contract.
c. Sending of an allocation alert to the drafting officer.
(b)
Re-allocation of the The system should support re-allocation instructions by the reinstructions to draft allocating officer and capture reason for re-allocation.
60
contract.
(c)
Drafting of the contract The system should support:
a. Capture of comments and uploading of correspondence
(Internal memo) to the client department (Procurement) on the
status of the documents received where the documents may be
incomplete or where the drafting officer requires additional
information before drafting of the contract with an alert to the
Reviewing Officer.
b. Uploading, storage, versioning and tracking of iterations e.g.
first, second …nth drafts of draft documents in their original
form for example MS Word and PDF.
c. Automatic archiving of older versioned documents and allow for
their access.
d. Capturing and categorizing information regarding data obtained
from company and land registries on legal status of body
corporate.
i.
ii.
iii.
Information obtained through this mode is categorized as
‘personal’ and ‘official’ searches.
Capture the data on personal search using a pre-defined
internal form (Refer Appendices II & III).
Capture the data on official search and support the
Uploading and storage of the physical official search
report.
(d)
Submission of the draft The system should support through a workflow ‘dispatch’ of the
contract for reviewing. draft contract (in original form and/or PDF) by the drafting officer to
the reviewing officer.
(e)
Review of draft contract. The system should support insertion of annotations on the draft
contract document by the reviewing officer.
(f)
Review feedback and The system should support:
amendments
i. Through a workflow ‘dispatch’ of the comments /annotations
together with the draft (in its original form or PDF).
ii.
Tracking of comments made by the reviewing officer.
iii. Uploading of documented comments from external review
sources e.g. The Attorney General (State Law Office).
(g)
Dispatch
of
penultimate
contract
the The system should support:
draft
i. Through a workflow the ‘dispatch’ of the penultimate draft
contract (in PDF) by the reviewing officer to Procurement
Division.
ii.
(h)
Sending of an automated alert to Head of the user Department
and the Procurement, Supplies Services Division on dispatch.
Receive Feedback from The system should support:
Procurement, Supplies
i. Uploading of the scanned documents [Memo, Letter of
Services Division.
acceptance, penultimate Draft contract with or without
comments], order them in a batch and link them to the earlier
assigned unique reference number.
61
ii.
Automatic sending of the file to the drafting officer.
iii. Sending of automated alerts to the drafting and reviewing
officers.
(i)
Editing, compilation of The system should support:
final contract package in
readiness for sign off, i. The final editing of the penultimate draft contract package by
the drafting officer.
signature,
sealing
stamping and tag of ii. The freezing of the changes on the penultimate draft contract
reference number as
package, tagging it as final and printing by the reviewing
closed.
officer.
iii. Uploading of the scanned signed contract document by the
Registry.
iv. Sending of alerts upon uploading of the signed contract to the
relevant Internal Stakeholders (Finance, Procurement and user
Department).
v. Uploading of the scanned stamp duty paid page and link it to
the signed final contract package, capture the details of the
stamp duty and Uploading copy of receipt by the Registry.
vi. Sending of alerts upon uploading of the scanned stamp duty
paid page to the relevant Internal Stakeholders (Finance,
Procurement, user Department, supplier and assigned drafting
& reviewing officers).
vii. Dispatch of the registered contract to Finance and
Procurement by the Registry.
viii. Flagging of the file reference number as closed by the
Registry.
1.2.3
Supplier Drafted Contracts
(a)
Receive instructions to The system should support:
review contract from
Procurement Division as i. Uploading of scanned documents and assign them a unique
reference number by the Registry.
per checklist (Refer
Appendix I)
ii. Automatic/balanced allocation of the file(s) to the drafting
officer(s).
iii. Sending of an alert to the drafting officer.
(b)
Re-allocation of the The system should support re-allocation instructions by the reinstructions to review allocating officer and capture reason for re-allocation.
contract.
(c)
Perusal of the contract The system should support:
i.
Uploading, storage, versioning and tracking of iterations e.g.
first, second and nth drafts of draft documents in their original
form for example MS Word and PDF.
ii.
Automatic archiving of older versioned documents and allow
for their access.
iii. Capture and categorize information regarding data obtained
62
from company and land registries on legal status of body
corporate.
 Information obtained through this mode is categorized as
‘personal’ and ‘official’ searches.
 Capture the data on personal search using a pre-defined
internal form (Refer Appendices II & III).
 Capture the data on official search and support the
Uploading and storage of the physical official search
report.
(d)
Submission of the The system should support through a workflow ‘dispatch’ of the
perused contract for perused contract (in original form and PDF) by the drafting officer to
reviewing.
the reviewing officer.
(e)
Reviewing
of
perused contract
(f)
Review feedback and The system should support:
amendments
i. Through a workflow ‘dispatch’ of the comments /annotations
together with the draft (in its original form or PDF)
the The system should support insertion of annotations on the perused
contract document by the reviewing officer.
ii.
Tracking of comments made by the reviewing officer.
iii. Uploading of documented comments from external review
sources e.g. The Attorney General (State Law Office).
(g)
Dispatch
contract
of
perused The system should support through workflow the ‘dispatch’ of the
perused contract (in PDF) by the allocating officer to the supplier.
(h)
Receive
signed The system should support:
contract, stamping and
tagging of file reference i. Uploading of the scanned signed contract document or
replacement of specific pages on the final contract package
number as closed
with the scanned signed pages.
ii.
Sending of alerts upon Uploading of the signed contract to the
relevant Internal Stakeholders (Finance, Procurement and user
Department).
iii. Uploading of the scanned stamp duty paid page and link it to
the signed final contract package, capture the details of the
stamp duty and Uploading copy of receipt by the Registry.
iv. Sending of alerts upon Uploading of the scanned stamp duty
paid page to the relevant Internal Stakeholders (Finance,
Procurement, user Department, supplier and assigned drafting
& reviewing officers).
v. Flagging of the file reference serialized number as closed by
the Registry.
1.2.4
KRA drafted MOUs
(a)
Receive instructions to The system should support:
draft
MOU
from
requesting department i. Uploading of scanned documents, order, batch and assign
them a unique reference number by the Registry.
63
without draft
ii.
Automatic/balanced allocation of the file(s) to the drafting
officer(s) for drafting of the MOU.
iii. Sending of an allocation alert to the drafting Officer.
(b)
Re-allocation of the The system should support re-allocation instructions by the reinstructions to draft allocating officer and capture reason for re-allocation.
MOU.
(c)
Drafting of the MOU
The system should support:
i.
Uploading, storage, versioning and tracking of iterations e.g.
first, second …nth drafts of draft documents in their original
form for example MS Word and PDF.
ii.
Automatic archiving of older versioned documents and allow
for their access.
iii. Capturing and categorizing of information regarding data
obtained from relevant registries including company and land
registries on the legal status of corporate bodies.
 Information obtained through this mode is categorized as
‘personal’ and ‘official’ searches.
 Capture the data on personal search using a pre-defined
internal form (Refer Appendices II & III).
 Capture the data on official search and support the Uploading
and storage of the physical official search report.
(d)
Submission of the draft The system should support through a workflow the ‘dispatch’ of the
MOU for reviewing
draft MOU (in original form and/or PDF) by the drafting officer to the
reviewing officer
(e)
Reviewing of draft MOU The system should support insertion of annotations on the draft
MOU by the reviewing officer.
(f)
Review feedback and The system should support:
amendments
i. Through a workflow ‘dispatch’ of the comments /annotations
together with the draft (in its original form or PDF)
ii.
Tracking of comments made by the reviewing officer
iii.
Uploading of documented comments from external review
sources e.g. The Attorney General (State Law Office).
(g)
Dispatch of draft MOU
The system should support through a workflow the ‘dispatch’ of the
draft MOU (in PDF) by the reviewing officer to the user Department.
(h)
Receive signed MOU
The system should support:
i.
Uploading of the scanned signed MOU or the system should
allow replacement of specific pages on the final MOU with the
scanned signed pages.
ii.
Sending of alerts upon Uploading of the signed MOU to the
user Department.
iii. Flagging of the file serialized reference number as closed by
the Registry.
1.2.5
Third Party drafted MOUs
64
(a)
Receive instructions to The system should support:
review MOU from user
i. Uploading of scanned documents and assign them a unique
Department
serialized reference number by the Registry.
ii.
Automatic/balanced allocation of the file(s) to the drafting
officer(s) for reviewing of the MOU.
iii. Sending of an allocation alert to the drafting officer.
(b)
Re-allocation of the The system should support re-allocation instructions by the reinstructions to review allocating officer and capture reason(s) for re-allocation.
MOU.
(c)
Reviewing of the MOU The system should support:
I. Uploading, storage, versioning and tracking of iterations e.g.
first, second …nth drafts of draft documents in their original
form for example MS Word and PDF.
II. Automatic archiving of older versioned documents and allow
for their access.
III. Capturing and categorizing of information regarding data
obtained from relevant registries including company and land
registries on legal status of corporate bodies.
 Information obtained through this mode is categorized as
‘personal’ and ‘official’ searches.
 Capture the data on personal searches using a predefined internal form (Refer Appendices II & III).
 Capture the data on official searches and support the
Uploading and storage of the physical official search
report.
(d)
Submission
of The system should support through a workflow the ‘dispatch’ of
comments/ annotations comments/annotations(in original form and/or PDF) by the drafting
for reviewing
Officer to the reviewing Officer
(e)
Reviewing of comments/ The system should support insertion of comments/annotations on
annotations and draft the draft MOU by the reviewing officer.
MOU
(f)
Review feedback and The system should support:
amendments
i. Through a workflow ‘dispatch’ of the comments /annotations
together with the draft (in its original form or PDF)
(g)
ii.
Tracking of comments made by the reviewing officer
iii.
Uploading of documented comments from external review
sources e.g. the Attorney General (State Law Office).
Dispatch of comments The system should support:
and revised MOU
i. Through a workflow the ‘dispatch’ of comments, revised MOU
and the MOU version with the tracked changes by the
reviewing officer to the user Department.
65
ii.
Sending of alerts upon Uploading of the signed MOU to the
user Department.
iii. Flagging of the file serialized reference number as closed by
the Registry.
1.2.6
Lease/Tenancy Agreement before Notification of Award
(a)
Receive instructions to The system should support:
draft lease agreement
from
Procurement i. Uploading of scanned documents and assign them a unique
serialized reference number by the Registry.
Supplies,
Services
Division as per checklist ii. Automatic/balanced allocation of the file(s) to the drafting
(Refer Appendix I)
officer(s).
iii. Sending of an alert to the drafting officer.
(b)
Re-allocation of the The system should support re-allocation instructions by the reinstructions to draft the allocating officer and capture reason for re-allocation.
lease agreement
(c)
Drafting of the lease The system should support:
agreement
i. Uploading, storage, versioning and tracking of
iterations e.g. first, second …nth drafts of draft
documents in their original form for example MS Word
and PDF.
ii.
Automatic archiving of older versioned documents
and allow for their access.
iii. The system should support, capture and categorize
information regarding data obtained from relevant
registries including company and land registries on
legal status of corporate bodies
 Information obtained through this mode is
categorized as ‘personal’ and ‘official’ searches.
 Capture the data on personal searches using a predefined internal form (Refer Appendices II & III).
 Capture the data on official searches and support
the Uploading and storage of the physical official
search report.
(d)
Submission of the draft The system should support through a workflow the ‘dispatch’ of
lease agreement for comment/annotations(in original form and/or PDF) by the drafting
reviewing
officer to the reviewing officer
(e)
Reviewing of draft lease The system should support insertion of comments/annotations on
agreement
the draft MOU by the reviewing officer.
(f)
Reviewing feedback and The system should support:
amendments
i. Through a workflow ‘dispatch’ of the comments /annotations
together with the draft (in its original form or PDF)
ii.
Tracking of comments made by the reviewing officer
iii. Uploading of documented comments from external review
sources e.g. The Attorney General (State Law Office).
(g)
Dispatch of draft lease The system should support:
66
agreement
(h)
i.
Through a workflow ‘approval’ of the penultimate draft by the
HOD with an alert to the Allocating Officer
ii.
Through a workflow the ‘dispatch’ of the penultimate draft
lease agreement by the reviewing officer to Procurement
Liaison Officer with an alert to the HOD Procurement Supplies
Services Division.
Receive Feedback from The system should support:
procurement
i. Capture of comments by the liaisons officer Procurement,
department
Commissioners and Commissioner General and Uploading of
additional information/ documentation with an alert to the
drafting officer and Reviewing officer
ii.
The uploading of the scanned documents [Memo, Notification
of Award, Letter of Acceptance, tittle documents, penultimate
Draft lease agreement with or without comments], order them
in a batch and link them to the earlier assigned unique
serialized reference number by the Registry Officer with an
alert to the Drafting Officer ,Reviewing Officer and Allocating
Officer.
iii. Printing of all correspondence pertaining to the drafting
process.
(i)
Re-allocation of the draft Where the originally assigned drafting officer is unavailable, the
lease
agreement system should support the re-allocation of the draft lease
package
agreement package to another drafting officer
(j)
Editing and compilation The system should support:
of final lease agreement
i. The final editing of the penultimate draft lease agreement
package in readiness for
package by the drafting officer.
sign off, signature,
stamping and tag of
ii. The freezing of the changes on the penultimate draft lease
reference number as
agreement package, tagging it as final and printing by the
closed.
reviewing officer.
iii. Uploading of the scanned signed lease agreement
document by the Registry.
iv. Sending of alerts upon uploading of the signed lease
agreement to the relevant Internal Stakeholders (Finance,
Procurement and user Department).
v. Uploading of the scanned stamp duty paid page and link it
to the signed final lease agreement package, capture the
details of the stamp duty and uploading copy of receipt by
the Registry.
vi. Sending of alerts upon uploading of the scanned stamp
duty paid page to the relevant Internal Stakeholders
(Finance, Procurement, user Department, supplier and
assigned drafting & reviewing officers).
vii. Dispatch of the registered lease agreement to Finance,
Procurement, user Department and Supplier by the
Registry.
67
viii. Flagging of the file serialized reference number as closed
by the Registry.
1.2.7
Lease/Tenancy agreement after acceptance of Award
(a)
Receive instructions to The system should support
draft the Lease/Tenancy
agreement from the i. Uploading of scanned documents, order, batch and assign
them a unique serialized reference number by the Registry.
relevant as per checklist
(Refer Appendix I)
ii. Automatic/balanced allocation of the file(s) to the drafting
officer(s) for drafting of the lease agreement
iii. Sending of an allocation alert to the drafting officer.
(b)
Re-allocation of the The system should support re-allocation instructions by the reinstructions to draft allocating officer and capture reason for re-allocation.
lease agreement
(c)
Drafting of the lease The system should support:
agreement
i. Uploading, storage, versioning and tracking of iterations
e.g. first, second …nth drafts of draft documents in their
original form for example MS Word and PDF.
ii.
Automatic archiving of older versioned documents and
allow for their access.
iii. The system should support, capture and categorize
information regarding data obtained the relevant registries
including company and land registries on legal status of
corporate bodies.
 Information obtained through this mode is categorized
as ‘personal’ and ‘official’ searches.
 Capture the data on personal searches using a predefined internal form (Refer Appendices II & III).
 Capture the data on official searches and support the
Uploading and storage of the physical official search
report.
(d)
Submission of the draft The system should support through a workflow ‘dispatch’ of the
lease agreement for draft lease agreement (in original form and/or PDF) by the drafting
review
officer to the reviewing officer.
(e)
Reviewing of draft lease The system should support insertion of annotations on the draft
agreement
lease agreement document by the reviewing officer.
(f)
Reviewing feedback and The system should support:
amendments
i. Through a workflow ‘dispatch’ of the comments
/annotations together with the draft (in its original form or
PDF).
ii.
Tracking of comments made by the reviewing officer.
iii. Uploading of documented comments from external review
sources e.g. The Attorney General (State Law Office).
(g)
Dispatch of draft lease The system should support freeze of changes on the draft lease
agreement
agreement sent to the supplier and tag it as final.
(h)
Receive signed lease The system should support:
68
agreement
i.
Uploading of the scanned signed lease agreement
document or replacement of specific pages on the final
contract package with the scanned signed pages.
ii.
Sending of alerts upon uploading of the signed lease
agreement to the relevant Internal Stakeholders (Finance,
Procurement and user Department).
iii. Uploading of the scanned stamp duty paid page and link it
to the signed final lease agreement package, capture the
details of the stamp duty and uploading copy of receipt by
the Registry.
iv. Sending of alerts upon uploading of the scanned stamp
duty paid page to the relevant Internal Stakeholders
(Finance, Procurement, user Department, supplier and
assigned drafting & reviewing officers).
v. Flagging of the file serialized reference number as closed
by the Registry.
1.2.8
Supplier Drafted Lease/Tenancy Agreements
(a)
Receive instructions to The system should support:
draft lease agreement
i. Uploading of scanned documents and assigning them a
from
Procurement
unique reference number by the Registry.
Supplies
Services
Division as per checklist
ii. Automatic/balanced allocation of the file(s) to the drafting
(Refer Appendix I)
officer(s).
iii. Sending of an alert to the drafting officer.
(b)
Re-allocation of the The system should support re-allocation instructions by the reinstructions to draft allocating officer and capture reason for re-allocation.
lease agreement
(c)
Uploading of supplier The system should support the uploading of the supplier drafted
drafted lease agreement lease agreement (in its original format scanned and/or PDF).
(d)
Perusal of the lease The system should support:
agreement
i. Uploading, storage, versioning and tracking of iterations
e.g. first, second and nth drafts of draft documents in their
original form for example MS Word and PDF.
ii.
Automatic archiving of older versioned documents and
allow for their access.
iii. Capture and categorize information regarding data
obtained from the relevant registries including company
and land registries on legal status of corporate bodies.
 Information obtained through this mode is categorized
as ‘personal’ and ‘official’ searches.
 Capture the data on personal search using a predefined internal form (Refer Appendices II & III).
 Capture the data on official search and support the
Uploading and storage of the physical official search
report.
69
(e)
Resubmission of the The system should support, through a workflow ‘dispatch’ of the
reviewed
lease reviewed Lease Agreement (in original form and PDF)
agreement
(f)
Reviewing
perused
agreement.
(g)
Dispatch of comments The system should support:
and amendments
i. Through a workflow ‘dispatch’ of the comments
/annotations together with the draft (in its original form
or PDF)
of
the The system should support insertion of annotations on the perused
lease lease agreement by the reviewing officer.
ii. Tracking of comments made by the reviewing officer.
iii. Uploading of documented comments from external
review sources e.g. The Attorney General (State Law
Office).
(h)
Incorporation of the The system should support:
recommended changes
i. Uploading of final lease agreement
ii. Track changes between the vetted and final document
(i)
Dispatch of final draft of The system should support through workflow the ‘dispatch’ of the
the Lease Agreement to final draft Lease Agreement (in PDF) to the landlord
the landlord
(j)
Execution, Registration The system should support:
and
Finalization
i. Uploading of the scanned signed lease agreement or
(Receive signed lease
the system should allow replacement of specific pages
agreement, stamping
on the final lease agreement package with the scanned
and tag of reference
signed pages
number as closed)
ii. sending of alerts upon uploading of the signed lease
agreement to the relevant Internal Stakeholders
(Finance, Procurement and user Department)
iii. Uploading of the scanned stamp duty paid page and link
it to the signed final lease agreement package
iv. sending of alerts upon uploading of the scanned stamp
duty paid page to the relevant Internal Stakeholders
(Finance, Procurement, user Department and assigned
drafting officer)
v. Flagging of the file serialized reference number as
closed by the Registry.
1.3
CASE MANAGEMENT MODULE
1.3.1 Case Cycle
(a) Case Capture as per the The system should support:
Registry template
i. Uploading of scanned documents and assign them a unique
serialized reference number by the Registry.
ii. Automatic/balanced allocation of the files to the litigation
officers.
70
iii. Sending of an alert to the litigation officer and the team
leader.
(b) Re-allocation of the The system should support re-allocation instructions by the reinstructions to draft a allocating officer and capture reason for re-allocation.
legal opinion
(c)
Seek for Instructions as The system should support:
per template
i. Dispatch of the pleadings and request for instruction template
to the liaison officer in the client Department.
ii. Automated alerts on each dispatch to the liaison officer in the
client Department.
(d) Case Summary as per The system should support:
template
i. The capture of the case summary (background, issues in
dispute, the Laws applicable and the proposed strategy,
guarantee/securities furnished and their expiry/ conditions or
limitations)with an alert to the HOD, Team Leader and
Litigation Officer.
ii.Continuous updates of case summary template. This should be
appended to the existing summaries.
iii.Capture of personal notes and comments that are only
accessible to the litigating officer.
iv.A status update at each notification/iteration of the above (a-c).
v. Capture guarantee/securities and related timelines.
vi.Generation of a status report of the above (a-c).
(e) Receiving instructions The system should support:
from
the
client
i. Uploading of scanned instructions and documents by the
Department
Registry.
ii.Automated alerts to the litigation officer.
(f)
Drafting of response to The system should support:
the case
i. Through a workflow ‘dispatch’ of the draft response together
with comments /annotations to the team leader for review.
ii. Through a workflow ‘dispatch’ of the reviewed response
together with comments /annotations to the liaison officer in
the client Department and the team leader.
iii. Tracking of comments made by the liaison officer in the client
Department.
iv. Uploading of documented comments from the liaison officer
in the client Department.
(g) Editing, compilation of The system should support:
final response and
i. The final editing of the response by the team leader.
annexures in readiness
for filing.
ii. The freezing of the changes on the final response, tagging it
as final and printing by the litigating officer.
71
iii. Uploading of the signed, filed and scanned documents by the
Registry.
iv. Sending of alerts upon uploading of the signed and filed
documents (response, defense, applications e.t.c.) to the
client Department, team leader and the litigating officer.
(h) Case Conclusion
The system should support:
i. Uploading of scanned rulings, judgments/decrees, orders and
their summaries by the Registry.
ii. Sending of alerts upon Uploading of the rulings, judgments
and their summaries to the team leader and the litigating
officer.
iii. Automated posting of rulings and judgments to a central
portal (see requirements for rulings database).
iv. Sending of rulings, judgments, their summaries and
judgment/ruling advice to the Client Department and team
leader by the litigating officer.
1.3.2 Post Litigation
(a)
Concluded cases
The system should support:
i. Uploading of Post Litigation schedule by the litigation officer.
ii. Sending of alerts to the client Department and the team
leader.
iii. Setting of timelines for periodic monitoring of the
implementation of the post litigation schedule (daily, weekly,
monthly e.t.c.).
iv. Uploading of the settlement plan from the client Department
by the Registry.
v. Sending of alerts to the litigation officer and team leader.
vi. Capturing of any remedial action or recommendations by the
litigation officer with alert to the team leader.
vii. Capturing of comments from the litigation officer and team
leader with alerts to the client Department.
viii. Generation of a status update at each notification/iteration of
the above (a-g).
ix. Generation of a status report of the above (a-g).
x. Recommendation of closure of file by the litigation officer with
alert to the team leader.
xi. Flagging of the file serialized reference number as closed by
the team leader with alert to the Registry.
(b) Appeals/Reviews by the The system should support:
Other Party
a. Uploading of scanned notice of appeal with alert to the litigation
officer and team leader.
b.
Flagging the notice of appeal as out of date if received after
72
fourteen (14) days of judgment/ruling.
(c) Appeals/Reviews
KRA
(d) Compliance with
Decree/Order
c.
Uploading of the scanned copy of the stay order and sending
of alerts on the ‘stay of execution’ and the attaching conditions
to the litigation officer.
d.
Sending of alerts to the client Department on stay of execution
of the court orders/decree.
e.
Uploading of scanned record of appeal and assign it a unique
serialized reference number by the Registry with alert to the
team leader.
f.
Automatic allocation of the file to the litigation officer with an
alert to the team leader and the re-allocation officer.
g.
Re-allocation instructions by the re-allocation officer and
capture reason for re-allocation.
h.
The same functionalities as listed in 3.6 to 3.9.1 inclusively.
by The system should support:
a.
Uploading of scanned filed notice of appeal with alert to the
litigation officer, team leader and client Department.
b.
Setting of timelines for monitoring of preparation of the typed
proceedings (weekly).
c.
Uploading of the scanned copy of the filed application of stay.
d.
Uploading of the scanned copy of the stay order and sending
of alerts on the ‘stay of execution’ and the attaching conditions
to the litigation officer.
e.
Sending of alerts to the client Department on stay of execution
of the court orders/decree.
f.
Uploading of scanned record of appeal by the Registry and
assign it a unique reference number with an alert to the team
leader and the client department.
g.
Automatic allocation of the file to the litigation officer.
h.
Re-allocation instructions by the re-allocation officer and
capture reason for re-allocation.
i.
The same functionalities as listed in 3.6 to 3.9.1 inclusively.
the The system should support:
a.
Uploading order/decree by the Registry with an alert to the
team leader and litigation officer.
b.
Notification of the order/decree to the client Department.
c.
Flagging of the order/decree as outstanding.
d.
Setting of timelines for periodic monitoring of the status of the
order/decree by the litigation officer (daily, weekly, monthly
e.t.c.).
e.
Uploading of the feedback from the client Department by the
Registry with an alert to the litigation officer and the team
leader.
73
f.
Capturing of any remedial action or recommendations by the
litigation officer with alert to the team leader.
g.
Capturing of comments from the litigation officer and team
leader with alerts to the client Department.
h.
Recommendation for closure of file by the litigation officer with
alert to the team leader.
i.
Flagging of the order, as spent, by the team leader.
j. Generation of a status report of the above (a-i).
1.3.3 Prosecution
(a) Pre Investigation
The system should support:
a. Uploading of instructions to engage in pre-investigation process
like requests for warrant to conduct raids & preservation orders
by the Registry Officer assign them a unique serialized
reference number with alert to the Prosecution Officer and
Team Leader and capture of comments
b. Uploading of orders and warrants received by the Registry
Officer with an alert to the Prosecution Officer and Team Leader
c.
(b) Case Capture
Capturing of comments by the Prosecution Officer and dispatch
to the Investigation Officer through the Registry
The system should support:
a.
Uploading of Investigation Report together with supporting
documents (Covering Report, Investigation Diary, witness
statements, exhibit memo) from the investigating officer
together with the approvals for prosecution of the case by the
Registry and assign them a unique serialized reference number
by the Registry with an alert to Prosecuting Officer and Team
Leader.
b.
Automatic/balanced allocation of the file to the Prosecution
Officer.
c.
Sending of an alert to the Prosecution officer.
d.
The system should support re-allocation instructions by the reallocating officer and capture reason for re-allocation.
e.
Capture and/or Uploading a preliminary analysis of the case
highlighting relevant offences and the elements of the offence
by the Prosecution Officer with an alert to the Team Leader
f.
Capture of the case summary (covering report , draft charge
sheet, the Laws applicable and the prosecution strategy)
together with recommendations by the Prosecution Officer with
an alert to the team leader
g. Allow for comments, annotation and input by the Team Leader
with an alert to the Prosecution Officer.
h. Allow for capture of the Prosecution Officer’s
recommendation on the viability of the case with an alert to the
team leader and Investigation Officer.
74
i.
Flagging of file as complete/incomplete with alerts to the Team
Leader.
j.
Uploading of the recommendation memo to the Investigation
Officer with status as indicated in (i) above with alerts to the
Team Leader.
k. Setting of timelines for periodic monitoring of the status of the
file by the Prosecution officer (daily, weekly, monthly e.t.c.)
l.
In the case of incomplete file iteration, (a-k) will hold and the
system will allow the uploading of further correspondence.
vii.Capture identified potential witnesses and suspects for each
case
(c) Charge sheet
(d) Case tracker
(e) Case Conclusion
The system should support:
a.
Capture the details of the draft charge sheet with alert to team
leader
b.
Printing of the charge sheet for dispatch to the Investigation
Officer.
c.
Scanning and Uploading of the Filed and Registered Charge
sheet by the Registry with an alert to the Prosecution Officer
and team leader.
d.
Amendment of the charge sheet with comments by the
Prosecution Officer with an alert to the team leader.
e.
In the case of further amendments iteration, (b-d) will hold and
the system will allow the Uploading of further comments
f.
The freezing of the changes on the final charge sheet, tagging
it as final and printing by the Prosecution officer with an alert
to the team leader.
The system should support:
a.
Recording of a date for plea taking with an alert to the team
leader
b.
Capture and/or Uploading details of court dates (mentions and
hearings), bond and bail terms and witness summons.
c.
Capture details of the exhibits, the custodian and location.
d.
In the case of movement and change of custody iteration, (c)
will hold.
e.
Continuous updates of case summary template. This should
be appended to the existing summaries.
f.
Capture of personal notes and comments that are only
accessible to the Prosecution Officer
g.
A status update at each notification/iteration of the above (a-f).
h.
Generation of a status report of the above (a-f).
The system should support:
a.
Uploading of scanned order, rulings and judgments by the
75
Registry with an alert to the Prosecution Officer and Team
Leader.
(f)
b.
Automated posting of rulings and judgments to a central portal
(see requirements for 4.2: reports module - rulings database).
c.
Capture updates of rulings, judgments, their summaries and
judgment/ruling advice sent to the Investigating Officer.
Prosecution
Post The system should support:
Litigation - Concluded
a. Uploading of post Prosecution schedule including destruction
Cases
or release of exhibits and forfeiture by the Prosecuting officer
with alerts to the Team Leader
b.
Capturing of correspondence to the Investigation Officer
c.
Follow up and periodic monitoring of actions (Daily, weekly,
monthly)
d.
Capturing of any remedial action or recommendations by the
Prosecution Officer with alert to the Team Leader.
e.
Capturing of comments and/or recommendations from the
Prosecution Officer and Team Leader with alerts to the client
Department.
f.
status update at each notification stage
g.
Flagging of the file reference number as closed by the team
leader with an alert to the Registry.
(g) Prosecution
Appeals The system should support:
and reviews
a. Uploading of scanned notice of appeal with alert to the
Prosecution Officer and Team Leader.
(h) Prosecution
Appeals/Reviews
KRA
by
b.
Flagging the notice of appeal as out of date if received after
fourteen (14) days of judgment/ruling.
c.
Uploading of the scanned copy of the stay order and sending
of alerts on the ‘stay of execution’ and the attaching conditions
to the Prosecution Officer.
d.
Sending of alerts to the Investigation Officer on stay of
execution of the court orders/decree.
e.
Uploading of scanned record of appeal and assign it a unique
reference number by the Registry with alert to the Team
Leader.
f.
Automatic allocation of the file to the Prosecution officer with
an alert to the team leader and the re-allocation officer.
g.
Re-allocation instructions by the re-allocation officer and
capture reason for re-allocation.
h.
The same functionalities as listed in 3.6 to 3.9.1 inclusively.
The system should support:
a. Uploading of scanned filed notice of appeal with alert to the
Prosecution officer, team leader and client Department.
b. Setting of timelines for monitoring of preparation of the typed
76
proceedings (weekly).
c. Uploading of the scanned copy of the filed application of stay.
d. Uploading of the scanned copy of the stay order and sending of
alerts on the ‘stay of the execution’ and the attaching conditions
to the client Department.
e. Sending of alerts to the client Department on stay of execution
of the court orders/decree.
f.
Uploading of scanned record of appeal by the Registry and
assign it a unique reference number with an alert to the team
leader and the client department.
g. Automatic allocation of the file to the Prosecution officer.
h. Re-allocation instructions by the re-allocation officer and capture
reason for re-allocation.
i.
(i)
Compliance with
Decree/Order
The same functionalities as listed in 3.6 to 3.9.1 inclusively.
the The system should support:
a.
Uploading order/decree by the Registry with an alert to the
team leader and Prosecution officer.
b.
Notification of the order/decree to the client Department.
c.
Flagging of the order/decree as outstanding.
d.
Setting of timelines for periodic monitoring of the status of the
order/decree by the Prosecution officer (daily, weekly,
monthly e.t.c.).
e.
Uploading of the feedback from the client Department by the
Registry with an alert to the Prosecution officer and the team
leader.
f.
Capturing of any remedial action or recommendations by the
Prosecution officer with an alert to the team leader.
g.
Capturing of comments from the Prosecution Officer and team
leader with alerts to the client Department.
h.
Recommendation for closure of file by the Prosecution Officer
with alert to the Team Leader.
i.
Flagging of the order, as spent, by the Team Leader.
j.
Generation of a status report of the above (a-i).
1.4
Knowledge Management and Repository
1.4.1
Legal Opinions
a.
Receive instructions to The system should support:
draft a legal opinion
i. Uploading of scanned documents and assigning them a unique
serialized reference number by the Registry.
ii.
Automatic/balanced allocation of the file(s) to the drafting
officer(s).
iii. Sending of an alert to the drafting officer.
77
b. Re-allocation
of the The system should support re-allocation instructions by the reinstructions to draft a allocating officer and capture reason for re-allocation.
legal opinion
c.
Drafting of the legal The system should support uploading, storage, versioning and
opinion
tracking of iterations e.g. first, second …nth draft opinions in their
original form for example MS Word and PDF.
d. Submission of the draft The system should support through a workflow ‘dispatch’ of the
legal opinion for vetting draft legal opinion (in original form and / or PDF) by the drafting
officer to the reviewing officer.
e.
Review of draft legal The system should support:
opinion
i. Insertion of annotations on the draft legal opinion document by
the reviewing officer.
ii.
f.
Circulation of the draft legal opinion to all technical officers by
the reviewing officer for input.
Review feedback and The system should support:
amendments
i. Tracking of comments from technical officers.
ii.
Incorporation of the comments by the reviewing officer.
iii. Uploading of documented comments from external review
sources e.g. The Attorney General (State Law Office).
g.
Dispatch of the final The system should support:
legal opinion
i. Through a workflow the ‘dispatch’ of the final legal opinion (in
PDF) by the Head of Department to relevant user Department.
ii.
Sending of an alert to the reviewing officer.
iii. Flagging of the file reference number as closed by the
Registry.
1.4.2
Knowledge Base
The system should support:
Uploading of Statutes ,Finance Bills and Acts, Gazette Notices,
Departmental Legislative amendments and proposals, Regulations,
forms and precedents, policies, Commissioner General’s
administrative directives, Reference books, Court Practice
Directions, Scholarly Articles, Continuing Legal Education materials ,
general training materials and sensitization documents, Professional
bodies regulations and guidelines, billing guidelines
1.4.3
Library and other
electronics
Hyper linking of important links including library resources.
1.5
BILLING & TIME TRACKING MODULE
1.5.1
Billing Report
The system should support
a.
Setting of Time and Cost Thresholds to Monitor time and cost
impact of cases
b.
Billing as per the Advocates Remuneration Order.
c.
Billing for board secretarial services as per the guidelines
given by the ICPSK.
78
d.
Integration with the case management, conveyance, legal
opinions and board management modules.
1.6.
CALENDAR/DIARY MODULE
1.6.1
Master Diary
1.6.2
1.7.
The system should support:
a.
Scheduling of annual corporate calendar events including
Board meetings, Board Committee meetings, Board of
Trustees Meetings, Board of Trustees Committees
meetings, Team One meetings, Corporate events e.g.
Commissioner Conferences, team buildings, Ushuru FC and
alert to all members of the Department
b.
Scheduling of Departmental events
buildings, leave roster, trainings
c.
Scheduling of team events such as court dates and location
d.
Configuring of individual dates such as leave dates and
individual activities e.g. court dates.
e.
Viewing of the calendar (yearly, quarterly, monthly, weekly
and daily) by relevant stakeholders.
f.
Categorization of events as either mandatory or optional as
per individual responsibilities
g.
Restricted view of the calendar as per user roles or category
of users.
h.
Restricted access/ editing of the calendar as per user roles
or category of users.
i.
Integration with all due dates timeline and bring ups.
including team
System Generated BU The System should support:
a.
Generation of an automated BU for files not active after a set
timeline with an alert to HOD and officer handling
b.
Requisition of the file by the requisitioning officer.
OPERATIONS MODULE
1.7. Monitoring
1
evaluation
Departmental
and The System should support:
of
the
a) Uploading of the scanned Departmental Performance Contracts
and related reporting templates
performance
contract b) Setting timelines for periodic monitoring (weekly, monthly,
quarterly, bi annually, annually) of the implementation of the
targets to ensure they
Performance Contract with alerts to the operations officer.
are achieved.
c) Capturing delayed performance deliverables with alerts to the
respective officers, Unit Heads and HOD.
d) Capturing of any comments from the Unit Heads and HOD.
e) Capturing of any remedial action or recommendations by the
Operations Officer with alert to the Unit Head and HOD.
f)
Uploading of the evidence/information
performance by the UHs and HOD.
79
in
respect
to
g) Generation of a status implementation report.
h) Flagging of the initiatives under the Performance Contract as
closed.
1.7. Compilation
of The System should support:
2 Scheduled and Ad Hoc
Uploading of the scanned requests by the Registry with alert
Reports
e.g. a.
to OPs.
Committees,
Top
Management, Annual b.
Capturing the specific deliverables with alerts to the
Procurement
Plan,
respective officers, Unit Heads and HOD for.
Budget Plans e.t.c.
c.
Setting timelines for periodic monitoring (monthly, quarterly, bi
annually, annually) of the preparation of the reports.
d.
Capturing delayed performance deliverables with alerts to the
respective officers, Unit Heads and HOD.
e.
Capturing of any comments from the Unit Heads and HOD.
f.
Capturing of any remedial action or recommendations by the
Operations Officer with alert to the Unit Head and HOD.
g.
Uploading of the evidence/information in respect to
performance by the UHs and HOD.
h.
Review of the report by the Operations Office and dispatch to
the HOD for approval.
i.
Capturing any comments and approval on the reports by the
Units Heads and HOD with alert to Operations Office.
j.
Generation of a status implementation report on the
deliverables.
k.
Flagging of the file reference request as closed by the
Operations Office.
1.7.3 Follow up on the The system should support:
Commissioner
Sending alerts with timelines to the Officers expected to give
General’s Report and a.
reports, Unit Heads and HOD.
Special
Purpose
Reports.
b.
Setting timelines for periodic monitoring of the provision of
reports
c.
Capturing of any comments from the Unit Heads and HOD.
d.
Uploading of the scanned reports (MS Word or PDF) by the
Registry with alert to Operations Office, Unit Heads and HOD.
e.
Generation of a status report with alert to the Unit Heads and
HOD.
f.
Flagging of the request as closed by the Operations Office.
1.7. Offer support and follow The system should support:
4
up issues that touch on a. Capturing of requests from staff on issues for resolution with
alert to Operations Office.
the operations of the
Department and ensure b.
Auto allocation of the request to the operations officers.
80
that they have been c.
attended to promptly-
Setting of timelines on deliveries with an alert to the
requesting officer.
d.
Capturing of delayed deliverables by the operations officers
with alerts to Team Leader and Section Heads
e.
Capturing of comments by the Section Heads and Team
Leader.
f.
Capturing of any remedial action or recommendations by the
Operations Officer with alert to Section Heads and Team
Leader.
g.
Uploading of the evidence/information in respect to delivery
with alerts to the officers, Section Heads and Team Leader.
h.
Generation of a status implementation report.
i.
Flagging of the initiatives as closed by the Operations Officer
with alert to the Team Leader.
1.7. Offer support and follow The system should support:
5
up on logistics.(Air a.
Capturing of requests from staff on logistics with alert to Team
Leader- Operations.
Tickets,
imprest,
transport,
office
supplies,)
1.8.
REPORTS MODULE
1.8.1
Legal
b.
Auto allocation of the request to the operations officers.
c.
Setting of timelines on deliveries with an alert to the
requesting officer.
d.
Capturing of delayed deliverables by the operations officers
with alerts to Team Leader Section Heads
e.
Capturing of comments by the Section Heads and Team
Leader.
f.
Capturing of any remedial action or recommendations by the
Operations Officer with alert to Section Heads and Team
Leader.
g.
Uploading of the evidence/information in respect to delivery
with alerts to the officers, Section Heads and Team Leader.
h.
Generation of a status implementation report.
i.
Flagging of the initiatives as closed by the Operations Officer
with alert to the Team Leader.
Services The system should support generation of:
81
Division Reports
1.9
a.
Custom reports based on the following criteria:
i.
New (weekly, monthly, annual) cases.
ii.
All cases categorized by status (concluded or pending
), outcome (won and lost), departments, revenue
implication (revenue and non-revenue),
officer
handling, forum (Tribunals, High Court, Appeal Courts,
Supreme Court) case type (Judicial Review, Civil,
Constitutional Petitions), (presiding judicial officers).
iii.
Cases handled by specific officers.
iv.
Cases by and against KRA.
v.
Cases handled by external Counsel.
vi.
Closed files.
b.
Reports on Revenue recovered or lost (covering cases from
which revenue was recovered or lost, amount recovered,
when recovered or lost, installment payments.
c.
Report on Cases where securities/guarantees for tax have
been deposited (Type of guarantee, claim amount for which
guarantee is deposited, amount of guarantee/security,
custodian of the security/guarantee), status of
guarantees/security (active/expired).
d.
Report on Securities/guarantees redeemed (cases to which
guarantees are related and status, amount of guarantees
redeemed, when redeemed).
e.
Reports on Legal Opinions and the subject matter
Rulings Portal Module The system should support an open portal for:
a.
display of all Rulings and judgments with the following
information; outcome, case reference number, parties
involved, case summary, revenue/ liability involved and cross
references to other cases.
b.
Case search using the following criteria; case reference
number, parties involved, judge, advocate, case year, court,
case type and key words.
c.
Display of opinions from the Department (categorized on
following criteria: subject matter, originating department,
unique departmental reference of the opinion).
d. Hyperlinking of important links including library resources.
1.10.
ADMINISTRATION MODULE
1.10.1
User/group/workspace
The system should support:
management
(a) Creation
of
user
i.
accounts
ii.
Creation of unique users account (as per the KRA
Information Security policy)
 Username
 System generated password
Sending of user credentials by email and / or SMS
82
iii.
Use of password security questions to aid in password
reset authentications.
iv.
v.
vi.
vii.
Resetting of users’ account
Password security questions
System generated password
Sending of user credentials by email and / or SMS
viii.
Updating of basic user details as appropriate
ix.
Creation of individual user workspace
x.
Updating of user ‘availability’ for automatic system
allocation of task status
xi.
Assignment of roles and permissions to users
accounts The system should support:
(b) User
management (Enable /
i.
Enabling / Disabling of user(s) account.
Disable accounts)
ii.
Inheritance of user profiles across the disabled and
inheriting user(s).
and The system should support:
(c) Creation
management
of
i.
Creation of groups/workspaces/teams.
groups/workspaces/Tea
ms
ii.
Updating of basic group/workspace details as appropriate.
(d) Creation and
management of roles
(e) Creation and
management of
permissions at
document creation
1.10.2
iii.
Enabling / Disabling of groups/workspaces.
iv.
Assignment of user(s) to group(s).
The System should support:
i.
Creation of roles e.g. Global administrator,
workspace/group administrators, workspace/group content
manager, ordinary user.
ii.
Assignment of roles.
The system should support:
i.
Creation of permissions e.g. Create/write, update/change,
delete/remove, read/view, copy, print, email etc
ii.
Assignment of permissions
System Settings
(a) System
parameters
functional The system should support configuration of parameters as per set
standards for instance:
i.
ii.
iii.
iv.
Upcoming meetings notification (value = x days before
date of meeting).
Scheduled meeting reminder (value = x days before date
of scheduled meeting).
Pending minutes i.e. to invoke minutes preparation (value
= x days after date of held meeting).
Pending Acton Points i.e. to invoke Acton Points
preparation (value = x days after date of held meeting).
83
v.
vi.
vii.
Pending Vacancy (value = x days before expiry of term).
Set up and configuration of options and default settings for
all modules, e.g. KRA logo, organization structure, etc.
Password expiry timelines (value = x days after date of
creation).
(b) Configuration
and The system should support:
management of system
i.
Configuration of system devices e.g. iPads e.t.c.
devices
ii.
Registration / Deregistration of devices to access the
system.
iii.
Data ‘wipe’ options for ‘retired’ devices
2. Non-Functional Requirements
Item No Features
Minimum requirements
Bidders
Response
2.
General System Requirements
2.1
Document imaging The system should support digitization of physical documents and
and digitization
document imaging. The bidder is expected to indicate the hardware and
physical assets required, to host the system on-site and provide for a
document imaging roadmap to achieve this.
2.2
Features
The System should support :
a. creation of custom forms based on particular requirements, internal
templates such as memos, Advocates Remuneration template,
general internal memo template, internal memo template, case
instruction template etc.
b.
Various Annotation modes e.g. multicolor, highlight, note, drop pin,
strike through, underline etc.
c.
Support online editing of documents.
d.
Inbuilt email system.
e.
Alerts.
f.
iv.
within system
v.
email
vi.
SMS
System printing
g. Maintenance of templates especially sign off pages and or standard
documents’ cover pages
h. Electronic signatures / seal / stamp
i.
A data import/export utility to import/export pre-existing data
directly via multiple data formats e.g. MS Excel, CSV e.t.c
84
Item No Features
Minimum requirements
j.
Bidders
Response
Folder / Document / File Uploading(s) and download(s)
iv. singular
v. Singular and batch
vi. drag and drop
o. Uploading various document formats e.g. PDF,DOC etc
p. Linking of the Uploaded documents to the associated captured data
for referencing
(i.e. Meta data creation and update and linkage to associated
documents with an indices to create searchable content)
q. Document versioning
r.
Inbuilt document viewer systems
q. Folder / Document / File / Text searches using key word(s), date,
participant, meeting / event, subject etc and based on applicable
user appropriate access rights and permissions:
r.
iv.
Globally in the respective user authorized workspaces/groups
and or specifically within specific document pages
v.
Discussion forum(s) within groups / workspaces
vi.
Document Approval procedure / process within groups /
workspaces
Online display of names of logged in users.
iii. Administrators are to have a ‘general view’ i.e. can view all
users across the various groups they administer
iv. Standard users are to view users within their specific group
w. An authenticated audit trail of system transactions
x. Allow access by multiple users from multiple platforms including
mobile access.
y. Be interactive and provide appropriate error messages
z. Have a user operating manual / standard / guideline (adequate
documentation that describes at minimum, the design, functionality
and use of the system)
aa. Appropriate document management in the folders e.g. using a
standard filing, naming and grouping convention
aa. Sending of documents to archive
85
Item No Features
Minimum requirements
Bidders
Response
bb. Retrieval of documents from archive based on permissions and
access rights
cc. Offline working copy (replica) to allow for remote site usability
dd. Secure password protected access for each individual user and
administrator of the system
bb. The following features to maximise utility and security
v.
Electronic signatures
vi.
Intruder lock-out
vii.
Strong passwords
viii.
Password expiration
a. Easily understood structure in such a way as to be understood by a
novice user within a short period
b. Predictive input/ menu based input functionality where possible to
minimize user interaction
c. Common look and feel across modules, e.g. common placements
of buttons, boxes, choices and even messages so that users are
not confused. This will shorten the user learning curve
d. N-Tier Web based system and provide seamless integration with
KRA's existing Domino Mail Server system (Lotus Notes) for
automated reminders as well as other systems
e. Data recovery and be able to roll back transactions
f.
Error logging - the system should have comprehensive error
handling routines
g. Running 24 x 7 continuously with minimal downtime
h. Average response time for interactive transactions should be less
than 2 seconds
2.3
Scalability
Scalability - system modules should have the capability of being
enhanced or modified with minimal impact to other interfacing modules
2.4
Business Continuity Data recovery, fall-back/roll-over mechanism as well as be able to roll
back transactions
2.5
Work Plan
Methodology
and The bidder is expected to indicate a project implementation strategy and
methodology that will allow both the bidder and the client to be part of
the delivery to ensure holistic delivery of the product as well as highlight
the Work Plan(s) to deliver and commission the system by highlighting
the activities, deliverables and milestones to achieve this.
86
Item No Features
Minimum requirements
Bidders
Response
2.6
Demonstration
The bidder is expected to be able to demonstrate the system upon
request during evaluation.
2.7
References
The bidder is expected to give a list of references where the solution
has been implemented for a similar client. The Evaluation team may
contact these references or pay them a visit to ascertain level of
implementation and customer satisfaction.
2.8
Site Visit
Prospective bidder is expected to visit the premises to allow for
appreciation of the organization’s infrastructure and integration with the
existing systems such as lotus domino
3. Integration
Item No Features
Minimum Requirements
Bidder’s
Response
3.
Integration
3.1
User Authentication The system should support Integration with KRA’s Microsoft Active
Directory (AD) implementation to manage the identities, user accounts
and user groups.
3.2
Alerts
Notifications
and The system should support:
c.
Integration with KRA’s Domino Server
implementation for email notifications.
(Lotus
Notes)
d.
Integration with SMS service for SMS alerts where necessary.
4. Security Requirements
Item No
Features
Minimum Requirements
4.
Security Requirements
4.1
User Authentication
Bidder’s
Response
The system should support the following:
h.
Each user must be authenticated with a unique user-id /
username and password on the application. The User IDs /
Usernames should be case sensitive.
i.
All user accounts must be managed with reference to and in
synchronization with an authoritative central user management
system e.g. identifying personal numbers in KRA’s active staff
database (Active Directory, Central HR database or the ERP
87
Item No
Features
Minimum Requirements
Bidder’s
Response
etc.)
for
internal
KRA
users
NB: User accounts management activities include but not
limited to new user creation, user maintenance, and user
authentication (during login).
j.
All new user accounts must have a system-generated random
password when created. A secure way of communicating the
initial password to the user should be utilized, e.g. via an email account.
k.
The system must prompt users to change their passwords the
first time they log on to the application.
l.
The system must support password expiry features with a
configurable frequency. This should be parameterized to allow
flexibility in adjusting this value as required.
m.
The system should not support automatic logins to guard
against brute force attacks. The login page should include a
challenge which the user responds to before proceeding with
the login.
n.
The system must implement the following Password Strength
Controls:
iii.
iv.
Passwords should have a configurable minimum and
maximum lengths
Password must meet a configurable combination of the
following 4 complexity rules:
 at least 1 uppercase character (A-Z)
 at least 1 lowercase character (a-z)
 at least 1 digit (0-9)
 at least 1 special character (punctuation)
t.
These password features should be configurable to support
future complexity requirements
u.
During password change, if the new password doesn't comply
with the complexity policy, the error message should describe
EVERY complexity rule that the new password does not
comply with
v.
The solution should implement a secure self-service password
recovery mechanism in the event the user forgot their
password
w.
Any password reset/recovery mechanism option must not
reveal whether or not an account is valid, preventing
88
Item No
Features
Minimum Requirements
Bidder’s
Response
username harvesting
x.
The login page and all subsequent authenticated pages must
be exclusively accessed over TLS. All active sessions must be
encrypted
y.
The solution should support expiring of newly created
accounts if not used for a configurable period of time. This
should be parameterized to allow flexibility in adjusting this
value as required
z.
The solution must support a password change notification and
a configurable number of grace logins. The password must be
changed after a configurable duration. This should be
parameterized for flexibility
aa. The solution must support password lock out after a
configurable number of unsuccessful login attempts. This
should be parameterized to allow flexibility in adjusting this
value as required
bb. The solution should respond with a generic error message
regardless of whether the user ID or password was incorrect.
It should also give no indication to the status of an existing
account. The generic message should not reveal which of the
authentication parameters is invalid
cc. The solution must expire a user account after the session has
been idle for a configurable period of time. This should be
parameterized to allow flexibility in adjusting this value as
required
dd. The solution should support re-authentication for sensitive
features e.g. before updating sensitive account information
such as the user's password, user's email, or before
performing sensitive transactions. The function(s) requiring reauthentication should be configurable/determined
ee. The solution must not allow the re-use of a past password until
a set period of time and a set number of password changes
have been made. This should be parameterized to allow
flexibility in adjusting this value as required
4.2
Session Management:
4.2.1
User session
The system should support:
h.
Allowance of only one session per user operating from a single
computer unless a specific business case has been established
for allowing multiple sessions per user. The allowing of multiple
sessions to users based on business needs should be
89
Item No
Features
Minimum Requirements
Bidder’s
Response
configurable
i.
Concurrent user logins by a user from multiple computers
should not be allowed
j.
Capturing of all relevant session information and stored in a
secure and auditable location
k.
The solution to implement secure session IDs, generation of
identifiers (IDs or tokens) must meet the following properties:
l.
Session ID fingerprinting: The name used by the session ID
should not be extremely descriptive nor offer unnecessary
details about the purpose and meaning of the ID. The default
session ID name of the web development framework should be
changed to a generic name
m. Session ID length: The session ID must be long enough to
prevent brute force attacks, must be at least 128 bits (16 bytes)
n.
4.2.2
Session Expiration
Session ID entropy: The session ID must be unpredictable
(random enough) to prevent guessing attacks, a good PRNG
Pseudo Random Number Generator (PRNG) should be used
The system should support:
kk. Expiration timeouts set for every session regardless of the
activity. All sessions should implement an idle or inactivity
timeout. The duration should be parameterized and
configurable
ll.
The solution, which should provide a visible and easily
accessible logout (logoff, exit, or close session) button that is
available on the web application header or menu and reachable
from every web application resource and page, so that the user
can manually close the session at any time
mm. A solution that when a session expires, takes active actions to
invalidate the session on both sides, client and server. The logs
should record the session expiration details
nn. When the user logs out of the application the session and
corresponding data on the server must be destroyed. This
ensures that the session cannot be accidentally revived
oo. Force session logout on web browser close window events
pp. The session ID exchange mechanism based on cookies to use
multiple security features in the form of cookie attributes such
as Secure Flagging ofs, Http Only, Domain, Path, Expire and
Max-age attributes
qq. In the solution design, backward process flows should clear all
90
Item No
Features
Minimum Requirements
Bidder’s
Response
authentication fields
rr. The solution which should implement Role based Access
Control (RBAC) profiles for authorization based on business
definitions
ss. Roles to be granted permissions based on the principle of least
privilege i.e. the solution should support an additive access
model
tt. Access control, which must be granular to facilitate adequate
separation of duties, for example:
uu. Functions, which should be independently available for
allocation to a role
vv. Separation of duties e.g. data entry, authorization and final
approval
ww. Data entry staff with the minimum access levels required to
enter data
xx. Authorization staff with an access level that allows them to
authorize but not necessarily change the data that was entered
yy. Provision to final approval staff should with the required access
level to finalize the process /transaction
zz. The solution which should not access the database(s) as a
privileged or administrative user. The application should always
connect as a non-privileged user
If the database is accessed through a common application
user, that user should not own the objects in the database
aaa. Credentials that should never be stored directly within the
application code (hardcoding credentials)
Credentials should always be encrypted
bbb. The solution to perform consistent authorization checking
routines when navigating on all application pages to ensure that
the user accesses what they are explicitly authorized to access
by their roles
ccc. The solution to use the POST method over GET for processing
HTTP requests
ddd. The solution should log all access authorization requests to a
secure and auditable location
eee. Error messages to be standard and not provide information
alluding to the reason for the error allowing an attacker to
deduce effective attack methods
91
Item No
Features
Minimum Requirements
Bidder’s
Response
fff. Logs, which should not contain password information
ggg. Copy and paste must not work for data entry when
authenticating to the application
hhh. All input fields must be validated to accept matching data types
including case sensitivity where necessary
iii. All data entry fields must have input validation mechanisms to
prevent cross-site scripting attacks
jjj. Sensitive information must not be stored in a persistent cookie,
or other location on the client computer that does not have
enforceable access control mechanisms
kkk. Any sensitive content sent to the client machine must not be
cached, unless encrypted using approved methods. The
application should set the proper directive to cause the client
not to cache the sensitive data
lll. The solution should not present any sensitive information to
unauthenticated users
mmm. All data exchanges between the solution and other systems
should be encrypted by an approved method
nnn. The solution should only implement cryptographic functions
selected from an approved list. Any cryptographic functions
used that are not previously approved require an exception
ooo. Recommended algorithms (with minimum bit lengths), in order
of preference, are:
ppp. Hashing: SHA ‐512, SHA ‐256 or better
qqq. Symmetric: AES256, AES192, AES128, 3 ‐DES (168 bits),
Blowfish(minimum 128 bits), Twofish (minimum 128 bits), IDEA
(128 bits),and RC4 (128 bits)
rrr. Public-Private key (Asymmetric): RSA(minimum 2048 bits) and
DSA(minimum 2048 bits), ElGamal (minimum 2048 bits) or
ECDSA with relatively short key & signature lengths but with
same high security level to other stated algorithms (since the
signature is to be incorporated on to the tax invoice issued, it
needs to be short)
NB: Weak algorithms, such as MD5 or SHA1 should not be
used
sss. Hashing should be salted and the values used for salting
protected. Only the hashed and salted value should be stored.
(Passwords should be encrypted)
92
Item No
Features
Minimum Requirements
Bidder’s
Response
ttt. All user activities and transactions such as printing, viewing,
updates, inserts and other data manipulation should capture
and log to the minimum the date and time, user ID, session ID,
the URL accessed and the source IP & remote IP. They should
indicate the parameters necessary to uniquely identify the
specific transactions done in the respective transaction tables.
This should be implemented independently from the database
audit trails
4.3
Audit Logs Management:
4.3.1
Application
Logs
Event The system should collect and log the following application event
logs:
i.
Authentication successes and failures
j.
Authorization failures
k. Session management failures
l.
Solution errors, alerts and events
m. The solution start-ups and shut-downs, and logging initialization
(starting and stopping)
n. Use of higher-risk functionality e.g. addition or deletion of users,
changes to privileges, creation and deletion of system-level
objects etc
o. URL of the web page(s) accessed by a user for Internet facing
applications
p. Modifications to the application
4.3.2
Database audits
All database audits must log the following:
l. Application User-ID
m. Date & Time of event
n. The source and remote IP address
o. Type of event/action performed by the user
p. Module accessed by the user
q. Success or failure of the event
r. Source of the event
s. Before and after values (where applicable, i.e. master files)
t. Account creation, lockouts, modification, or deletion
u. Modifications of privileges and access controls
93
Item No
Features
Minimum Requirements
Bidder’s
Response
v. The solution should correlate application activity logs and
database transactions. That is for every database transaction, it
should be possible to explicitly identify the application activity
responsible
4.3.3
Violation Log
A violation log must exist to track any attempted unauthorized
access to the application and should bear the following information:
g. URL accessed by the user
h. Particular activity intended/attempted by the user
i. Particulars sufficient to identify targeted transactions if available
j. Workstation-ID or IP address of access
k. Date & Time of event
l. All updates, insertions and deletions must be clearly traceable to
an application user with corresponding time and source
information (IP module and function)
4.3.4
Other audit logs:
The system should have the following audit logs:
r.
Provide an interface to review and report on solution logs
s. Transaction data stored should capture information that allows
similar traceability, with database audit trailing implemented
t.
All valid and failed login attempts must be logged with
meaningful information that is actionable for investigative
purposes if fraud is detected. However, passwords must not be
logged
u. All password recovery reset attempts must be logged with
meaningful information that is actionable for investigative
purposes if fraud is detected
v. All user and account management changes and attempts must
be logged
w. Database audit trails should be present for all dynamic and
static tables of interest, e.g. Parameter tables, Transaction
Tables, etc
x. All system servers are kept in sync with a time synchronization
mechanism
y. All data entry and manipulations must be done through the
application interfaces and never directly to the database
z. Where data is supplied to the application from an authoritative
source, the application must NOT allow users to modify this
data
94
Item No
Features
Minimum Requirements
Bidder’s
Response
aa. Reference data should not be altered by users in subsequent
transactions
bb. Sensitive information is NOT stored in hidden fields if the
application is web-based
cc. For web based interfaces, the solution must use a secure
method to transmit data e.g. Using the HTTP POST method
instead of the less secure GET method
dd. If the application connects to a database, application server, or
any system that utilizes application IDs, it is using an account
that has been granted access to only objects and functions
needed for operation of the application. The application does
NOT connect to a database as a privileged user, such as the
SA account in SQL Server or SYSTEM account in Oracle,
Postgress, etc.
ee. If the system directly faces the Internet, it does NOT store or
cache confidential data, even for a short duration. This includes
file Uploadings and downloads, source code, etc
ff. The system should have mechanisms/controls to guard against
URL manipulation and/or targeted URL attacks
gg. The system should have mechanisms to guard against user
impersonations
hh. The system should allow identified functions to be accessible
from restricted networks
5.
Training and Skills Transfer
Capacity building is necessary to build competence and to institutionalize the usage of the iBoard System
within KRA.
The bidder should possess experienced trainers to be able to transfer knowledge to KRA’s staff. The
successful bidder should provide a detailed Training Schedule for their solution, detailing the training
approach and methods, location, and curriculum. The bidder is expected to indicate the cost of training in
the Price Schedule
Item No Features
5.1.
Technical
Assessment
Minimum Requirements
Bidder’s
Response
Skills The bidder is expected to explicitly state the technical skills required
to successfully implement and sustain the System.
95
5.2.
Methods of Training The bidder is expected to elaborate on their proposed training
and Skill Transfer
methods to be used for skills transfer which will ensure that KRA has
enough internal capacity to maintain and use the System.
5.3.
Training Curriculum
The bidder is expected to provide the training curriculum to be used to
train at least forty (30) business users on use of the system. These
users will then train other end users (Training of Trainers concept)
The training curriculum shall adhere to the functional requirements.
5.4.
Admin/Technical
Training
The bidder is expected to provide the training curriculum to be used to
train at least 10 IT technical users (administrators and support staff)
5.5.
Training Materials
The bidder is expected to provide all trainees with training material
both soft and hard copies.
5.6.
Training Evaluation
The bidder is expected to provide a methodology of evaluation of the
training, learning and skills transfer.
5.7.
Training facility
All trainings must be provided at an accredited center or laboratory.
Bidders shall propose training site and location.
6. Support and Maintenance
The system is expected to handle at least 100 concurrent users. After completion of the project, continuing
maintenance activities will be required from the contractor for a period of time where the system will be on
warranty and no additional costs shall apply during this period and continued support and maintenance
where the support and maintenance fees are to be indicated in the price schedule. This would also include
on-site support, hence the bidder must demonstrate availability of local support.
Bidders are required to provide a clause-by-clause response to the specifications in the given format. All
bidders are expected to demonstrate and give detailed information on how their proposed system meets
the requirements identified below:
Item No.
6.1
Features
System
infrastructure
Licensing
Minimum Requirements
and The bidder is expected to:

Indicate the warranty period (not less than 12 months)
Hand over Intellectual Property Rights related to the customization
to KRA, including all related designs and all relevant further
documentation or propose an agreeable escrow contractual
agreement.

Grant to the KRA license to access and use the Software,
including all inventions, designs, and marks embodied in the
Software.
96
Bidder’s
Response
Item No.
Features
Minimum Requirements
Such license to access and use the Software shall be:

Nonexclusive;

Fully paid up and irrevocable (except that it shall terminate if
the Contract terminates in which case the blame is on the
bidder)

Valid for use within the processes of KRA, within the volume
restrictions of the license structure
The software should be permitted to be:

Used or copied for use on or with the computer(s) for which it
was acquired (if specified in the Technical Requirements
and/or the bidder‘s bid), plus a backup computer(s) of the
same or similar capacity, if the primary is (are) inoperative,
and during a reasonable transitional period when use is being
transferred between primary and backup;

Used or copied for use on or transferred to a replacement
computer(s), and use on the original and replacement
computer(s) may be simultaneous during a reasonable
transitional period) provided that, if the Technical
Requirements and/or the Bidder’s bid specifies a class of
computer to which the license is restricted and unless the
Bidder agrees otherwise in writing, the replacement
computer(s) is (are) within that class;

If the nature of the System is such as to permit such access,
accessed from other computers connected to the primary
and/or backup computer(s) by means of a local or wide-area
network or similar arrangement, and used on or copied for use
on those other computers to the extent necessary to that
access;

Reproduced for safekeeping or backup purposes;

Customized, adapted, or combined with other computer
software for use by the Purchaser, provided that derivative
software incorporating any substantial part of the delivered,
restricted Software shall be subject to same restrictions as are
set forth in this Contract;

The Software license shall permit the Software to be disclosed
to and reproduced for use (including a valid sublicense) by
support service suppliers or their subcontractors, exclusively
for such suppliers or subcontractors in the performance of
their support service contracts subject to the same restrictions
97
Bidder’s
Response
Item No.
Features
Minimum Requirements
set forth in this
The Bidder‘s right to audit the Standard Software will be subject to
the following terms:
6.2
Product upgrades

The Bidder will allow, under a pre-specified procedure and
solely for the purpose of auditing the Standard Software,
execution of embedded software functions under the Bidder‘s
control, and unencumbered transmission of resulting
information on software usage.

The Bidder will not include programming in Software that
restricts and/or limits access to certain features, functionality
or capacity of such Software subject to the Purchaser making
payments or for other self-help or retaliatory

At any point during performance of the Contract, should
technological advances become available for Information
Technologies originally offered by the Bidder in its bid and still
to be delivered, the Bidder shall be obligated to offer to the
Purchaser the latest versions of the available Information
Technologies having equal or better performance or
functionality at the same or lesser unit prices

At any point during performance of the Contract, for
Information Technologies still to be delivered, the Bidder will
also pass on to the Purchaser any cost reductions and
additional and/or improved support and facilities that it offers
to other clients of the Bidder in the Purchaser‘s Country

During performance of the Contract, the Bidder shall offer to
the Purchaser all new versions, releases, and updates of
Standard Software, as well as related documentation and
technical support services, within agreed timelines.

During the Warranty Period, the Bidder will provide at no
additional cost to the Purchaser all new versions, releases,
and updates for all Standard Software that are used in the
System, within agreed timelines.
98
Bidder’s
Response
Item No.
Features
Minimum Requirements

During the Warranty Period, the Purchaser shall introduce all
new versions, releases or updates of the Software within
agreed timelines of receipt of a production-ready copy of the
new version, release, or update, provided that the new
version, release, or update does not adversely affect system
operation or performance or require extensive reworking of the
System. In cases where the new version, release, or update
adversely affects system operation or performance, or
requires extensive reworking of the System, the Bidder shall
continue to support and maintain the version or release
previously in operation for as long as necessary to allow
introduction of the new version, release, or update.
6.3
Duration of license In relation to standard software, the license agreements should be
agreements
perpetual. The support on these licenses should cover an agreed
period after the start of the project. After this period KRA must be
able to extend the support directly with the product owner.
6.4
License numbers
The bidder is expected to propose a license structure which is
most suitable to KRA regarding the following figures:

100 concurrent users of the system
6.5
Support contracts
Support in relation to software licenses should be on premier level
(gold)
6.6
Product Upgrades
At any point during performance of the Contract, should
technological advances be introduced by the Bidder for Information
Technologies originally offered by the Bidder in its bid and still to
be delivered, the Bidder shall be obligated to offer to the Purchaser
the latest versions of the available Information Technologies
having equal or better performance or functionality at the same or
lesser unit prices.
6.7
Cost reductions
At any point during performance of the Contract, for Information
Technologies still to be delivered, the Bidder will also pass on to
the Purchaser any cost reductions and additional and/or improved
support and facilities that it offers to other clients of the Bidder in
the Purchaser‘s Country
6.8
General conditions
All equipment that will be delivered by the bidder needs back-toback manufacturer support. The goods need to be delivered from
eligible countries as listed by United Nations Security Council
taken under chapter VII of the Charter of the United Nations
6.9
SLA
The bidders shall propose a service level agreement that
addresses the following:
99
Bidder’s
Response
Item No.
Features
Minimum Requirements

Escalation matrix

Contact persons

Response time (2 hours)

Proof of local presence

Online support from manufacturer

Any other related SLA requirements
100
Bidder’s
Response
APPENDIX I
Contracts
1. Open Tender (Sub-section 68.(1))
1.1.
Section 86. (1) The successful tender shall be the one who meets any one of the following as
specified in the tender document—
Successful tender.
(a) the tender with the lowest evaluated price;
(b) the responsive proposal with the highest score determined by the procuring entity by
combining, for each proposal, in accordance with the procedures and criteria set out
in the request for proposals, the scores assigned to the technical and financial
proposals
where Request for Proposals method is used;
(c) the tender with the lowest evaluated total cost of ownership; or
(d) the tender with the highest technical score, where a tender is to be evaluated based
on procedures regulated by an Act of Parliament which provides guidelines for
arriving at applicable professional charges.
1.2.
Section 135 (3) The written contract shall be entered into within the period specified in the
notification but not before fourteen days have elapsed following the giving of that notification
provided that a contract shall be signed within the tender validity period.
1.3.
Section 135 (4) No contract is formed between the person submitting the successful tender
and the accounting officer of a procuring entity until the written contract is signed by the parties.
2. Alternative Procurement Procedures
2.1.
Restricted Tender
2.1.1.
Same procedure as for open tender and hence need for a signed contract.
2.2.
Direct Procurement (Section 104 (d))
2.2.1.
Ensure the resulting contract is in writing and signed by both parties..
2.3.
Request for Proposals (subsection 85(3)
2.3.1.
The contract must be in writing
2.4.
Request for Quotations (Section 105))
2.4.1.
Section 106 (5a) the procuring entity shall place a purchase order with the
person submitting the successful quotation;
2.4.2.
Section 1055 (5b) the person submitting the successful quotation shall confirm
the purchase order in writing;
2.4.3.
For value of Ksh. 500,000 and above a written contract must be prepared to
be signed by the procuring entity and the supplier.
2.4.4.
For value below Ksh. 500,000 a written contract may not be necessary and
orders may be placed using a local purchase order or a local service order.
2.4.5.
It must however be ensured that all the necessary terms and conditions of
the procurement contract are incorporated. If the terms and conditions of the
contracts shall include the bid document submitted by the winning bidder,
then a formal contract must be prepared and signed by the parties.
101
2.5.
Low Value Procurements
2.5.1.
Contract not necessary
DOCUMENTS REQUIRED
1. Open Tender (Goods, Works, and Services)
1.1.
Soft Copy of the Tender Document
1.2.
Technical Proposal
1.3.
Financial Proposal
1.4.
Technical Evaluation Report
1.5.
Financial Evaluation Report
1.6.
Tender Approval Form
1.7.
Notification of Award
1.8.
Acceptance of Award
1.9.
Performance Bond
1.10.
Delivery Schedule
To be submitted within fourteen (14) days of notification - In case of submission of draft contract
with notification of award
1.11.
1.12.
1.13.
1.14.
Notification of Award
Acceptance Letter
Performance Bond
Supplier/Tenderer Comments on the Draft Contract
2. Alternative Procurement Procedures
2.1.
Restricted Tender (Services alone or combined with Goods)
2.1.1.
Same as for open tender
2.2.
Direct Procurement (Goods, Works, and Services)
2.2.1.
Quotation/Proforma Invoice/Negotiations Report
2.2.2.
Tender Approval Form
2.2.3.
2.2.4.
2.2.5.
2.2.6.
Notification of Award
Acceptance Letter
Performance Bond
Delivery Schedule
2.3.
Request for Proposals (Services alone or combined with Goods, advisory or
predominantly intellectual)
2.3.1.
Soft copy of Request for Proposal Document
2.3.2.
Other Documents - Same as for open tender
2.4.
Request for Quotations (Goods)
2.4.1.
Bidders Response
2.4.2.
2.4.3.
2.4.4.
2.4.5.
Notification of Award
Acceptance Letter
Performance Bond
Delivery Schedule
102
2.5.
Low Value Procurement
2.5.1.
2.6.
No need for contract
Specially Permitted Procurement Procedure
2.6.1.
As approved by PPOA
3. Leases
3.1.
Valuation/Negotiation Report
3.2.
3.3.
Notification of Award
Acceptance Letter
103
APPENDIX II
FORM FOR CARRYING OUT OFFICIAL SEARCHES AT THE COMPANY REGISTRIESCONVEYANCE AND LEGAL OPINIONS
Kindly enter the particulars indicated in Part 1; either Part 2(a), 2(b) or 2 (c) whichever is applicable to the
type of business; and Part 3.
Part 1 – General
1.1
Business Name …………………………………………………………………………..
1.2
Location of Business Premises. …………………………………………………….
1.3
Plot No………………………………………………………………………………………. Street/Road
……………………..………………………………………………………..
Postal Address ……………………………………………………………………………
Tel No. …………………………………………………………. Fax …………………… E mail
…………………………………………….........
1.4
Nature of Business ……………………………………………………………………..
1.5
Registration Certificate No. ………………………………………………………….
1.6
Details of the CR12................................................................................
2.1
Part 2 (a) – Sole Proprietor
Name in Full …………………………………………………………………………….. Age
…………………………………………………………………………………………..
2.2
Nationality ………………………………………………………..…………………….
2.3
Country of Origin ……………………………………………………………………….
2.4
Citizenship Details ………………………………………………………………………

Part 2 (b) Partnership
2.5
Given details of Partners as follows:
Name
Nationality
Citizenship Details
Part 2 (c ) – Registered Company
104
Shares
2.6
Private or Public ……………………………………………………………………….
2.7
State the Nominal and Issued Capital of CompanyNominal Ksh. …………………………………………………………………….
Issued Ksh. ……………………………………………………………………….
2.8
Given details of all Directors as follows
Name
Nationality
Citizenship Details
Part 3 – Comments if any.
Date ………………… Signature of Candidate …………………………………
105
Shares
APPENDIX III
FORM FOR CARRYING OUT PERSONAL SEARCHES AT THE LAND REGISTRIES: CONVEYANCE
AND LEGAL OPINIONS
Kindly enter the particulars indicated in Part 1, Part 2 and Part 3.
Part 1 – General
1.1
Title Number
…………………………………………………………………………………………………………………
1.2
Location of Premises and Acreage (size)
………………………………………………………………………………………………………………..
b.
Part 2 (a) – Registered Individual
2a.1
Name in Full ……………………………………………………………………………..
Part 2 (b) Joint Ownership
2b.1
Give details of Registered joint owners as follows:
Name
ID NO.
and
Nationality
1………………………………………………………………………………………………………………………
………………………………………………………..
2.………………………………………………………………………………………………………………………
……………………………………………………..
3.………………………………………………………………………………………………………………………
………………………………………………………
4.………………………………………………………………………………………………………………………
………………………………………………………
Part 3 : Encumbrances
Check on the Title if there are any Restrictions, Caveats etc. and list them herein below:
Date...................Signature of the Clerk................................................
106
Appendix 1: BIDDERS REFERENCE SITE FORM
PROJECT SUMMARY FOR EACH REFERENCE SITE
Please provide the following information on the listed reference clients;
1. Entity/Client Name:
………………………………………………………………………………
2. Brief description of the clients business:
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
3. Brief description of the project:
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
……………………………….……………………………………………………
4. Duration of project implementation (dates): ……………………………………..
5. Value of the project: ……………………………………………………………..
6. Contacts of referee: ………………………………………………………………
7. Contact person: …………………………………………………………………..
8. Title: …………………………..…………………………………………………
9. Telephone Contact: ……………………….. E-Mail Address: ………………….
10. Signed and stamped/sealed by bidder: ……………………………………………
11. Name of the Authorized Person: …………………………………………………
12. Designation: ………………………………………………………………………
107
SECTION VI – SCHEDULE OF REQUIREMENTS
(a) Procurement Item
Schedule A:
No. Description
1.
Supply, Delivery, Installation, Testing and
Commissioning of:
LOT I: Integrated Board Management System
LOT II: Integrated Legal Services
Management System
Estimated
Delivery
Annual Quantity Schedule
1
4 weeks after
issuance of LPO
(b) Instructions on Submission of Bids
i.
The Tenderer must submit a one (1) – envelope bid in the following format:
Proposal comprising of the following documents presented in the order
given:
Section
A
B
C
D
E
F
G
H
I
J
K
L
M
ii.
Document
Tender Notice/Invitation to Tender
Confidential Business Questionnaire
Power of Attorney
Business Registration/ Incorporation Certificate
Key Staff Competency Profiles
Details of at least one (1) Major Client
Tender Security
Valid Tax Compliance Certificate
Bidders Reference Site Form
Reference Letter from Bank
Technical Response Clause-by-Clause
Combined Technical and Financial Proposal
Attach Brochures, Catalogues and Manufacturer’s
Authorization
Sealing and Marking of the Bid:
The inner envelope should be clearly marked as follows:
ORIGINAL TENDER
COPY OF TENDER
Submit Electronic copy
A
B
KRA/HQS/NCB-028/2015-2016
KRA/HQS/NCB-028/2015-2016
The envelopes shall then be sealed in an outer envelope and addressed to:
Commissioner General
Kenya Revenue Authority
P.O. Box 48240-00100,
Nairobi.
108
(c) Tender Responsiveness Criteria
a)
b)
c)
d)
Description of Criteria
Submission of Tender Documents
 Tender Security
 Duly filled, signed and stamped Confidential Business Questionnaire
 Power of Attorney (Sole Proprietors exempted)
 Manufacturer’s Authorization
 Evidence of International Accreditations
Company Profile
 Attach copy of Certificate of Incorporation
Proof of Financial Resources
Submit:
 Letter of Reference from a bank
Social Obligations
Submit:
 Valid Tax Compliance Certificate
(d) Vendor Evaluation Criteria
The following criteria will be used in the evaluation of all potential suppliers. The
documents submitted will be evaluated for suitability and awarded marks which will
contribute to a maximum 10% of the total tender evaluation.
Description of Criteria
Maximum
Score
Cut Off
Score
2
1
4
2
 Proof of satisfactory service rendered for at least one (1) major
client (comparable organization to KRA) with contracts of similar
nature, value. Provide summary of services rendered, value of
contract and contact person, address and telephone number
4
2
Total
10
5
Managerial and Key Personnel Competency Profiles
 Key Staff Competency Profiles (Attach 2 CVs inclusive of
relevant technical experience of key staff in relation to the
procurement), demonstrating strong competencies (total
experience in Supply, Delivery, Installation, Testing and
Commissioning of the iBoard System).
Proposed Methodology
 Implementation Approach, Methodology and Work Plan as
required in this tender
Experience/Reputation
 Experience in Procurement the Supply, Delivery, Installation,
Testing and Commissioning of the iBoard System as required in
the tender document
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e) Overall Tender Evaluation Criteria
The tender evaluation criteria is weighted as follows; Criteria
Tender Responsiveness
Vendor Evaluation
Technical Specifications
Financial Evaluation
Maximum
Score/Requirement
Mandatory
10
70
20
Totals
100
110
Cut Off Mark
Mandatory
5
50
SECTION VII - PRICE SCHEDULE IN KSHS
LOT I: INTEGRATED BOARD MANAGEMENT SYSTEM
Name of Tenderer ________________________________Tender Number ________________________Page _____ of_____
1
2
3
4
Item
Description
Qty
Unit Price inclusive of all Taxes for the Procurement of
services for Supply, Delivery, Installation, Testing and
Commissioning of the iBoard System. The Prices are
Delivery Duty paid at the Installation points
Supply, Delivery, Installation, Testing and Commissioning of the
iBoard System
1
1.
Tender’s Signature_________________________ Official Stamp______________________ Date______________________
111
SECTION VII - PRICE SCHEDULE IN KSHS
LOT II: INTEGRATED LEGAL SERVICES MANAGEMENT SYSTEM
Name of Tenderer ________________________________Tender Number ________________________Page _____ of_____
1
2
3
4
Item
Description
Qty
Unit Price inclusive of all Taxes for the Procurement of
services for Supply, Delivery, Installation, Testing and
Commissioning of the iBoard System. The Prices are
Delivery Duty paid at the Installation points
Supply, Delivery, Installation, Testing and Commissioning of the
iBoard System
1
1.
Tender’s Signature_________________________ Official Stamp______________________ Date______________________
112
SECTION VIII
-
STANDARD FORMS
Notes on the Sample Forms
1
Form of TenderThe form of tender must be completed by the tenderer
and submitted with the tender documents. It must also be duly signed by
duly authorized representatives of the tenderer.
2
Confidential Business Questionnaire Form - This form must be completed by
the tenderer and submitted with the tender documents.
3
Tender Security Form-When required by the tender documents the tender shall
provide the tender security either in the form included herein or in another
format acceptable to the procuring entity.
4
Contract Form-The Contract Form shall not be completed by the tenderer at the
time of submitting the tender. The Contract Form shall be completed after
contract award and should incorporate the accepted contract price.
5
Performance Security Form- The performance security form should not be
completed by the tenderers at the time of tender preparation. Only the
successful tenderer will be required to provide performance security in the
form provided herein or in another form acceptable to the procuring entity.
6
Bank Guarantee for Advance Payment Form-When Advance payment is
requested for by the successful bidder and agreed by the procuring entity,
this form must be completed fully and duly signed by the authorized officials
of the bank.
7
Manufacturers Authorization Form- When required by the ender documents
this form must be completed and submitted with the tender documents. This
form will be completed by the manufacturer of the goods where the tenderer
is an agent.
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8.1
FORM OF TENDER
Date
Tender No.
To: KENYA REVENUE AUTHORITY
P. O. BOX 48240 – 00100 NAIROBI.
Gentlemen and/or Ladies:
1. Having examined the tender documents including Addenda
Nos. ………………………………. [insert numbers].the receipt of which is hereby
duly acknowledged, we, the undersigned, offer to supply deliver, install and
commission ( …………………………………………… (insert equipment
description) in conformity with the said tender documents for the sum of
…………………………………………………………. (total tender amount in words
and figures) or such other sums as may be ascertained in accordance with the
Schedule of Prices attached herewith and made part of this Tender.
2. We undertake, if our Tender is accepted, to deliver install and commission the
equipment in accordance with the delivery schedule specified in the Schedule of
Requirements.
3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum of
equivalent to
percent of the Contract Price for the due performance
of the Contract , in the form prescribed by ………………. ……………….( Procuring
entity).
4. We agree to abide by this Tender for a period of …… [number] days from the
date fixed for tender opening of the Instructions to tenderers, and it shall remain
binding upon us and may be accepted at any time before the expiration of that period.
5. This Tender, together with your written acceptance thereof and your
notification of award, shall constitute a Contract, between us. Subject to signing of the
Contract by the parties.
6. We understand that you are not bound to accept the lowest or any tender you
may receive.
Dated this
day of
20
[signature]
[in the capacity of]
Duly authorized to sign tender for an on behalf of
114
8.2
CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM
You are requested to give the particulars indicated in Part 1; either Part 2(a), 2(b) or 2
(c) whichever applied to your type of business; and Part 3.
You are advised that it is a serious offence to give false information on this form.
Part 1 – General
1.1
1.2
1.3
1.4
1.5
1.6
1.7
2a.1
2a.2
Business
Name
…………………………………………………………………………………………
……………………………………………………..
Location
of
Business
Premises.
…………………………………………………………………………………………
……………………..
Plot
No…………………………………………………………………………
Street/Road ……………………..…………………………………..
Postal
Address
…………………………………………………………………………………..
Tel
No.
………………………………………………………….
Fax
…………………………………. E mail …………………………………………….
Nature
of
Business,
………………………………………………………
………………………………………………………………………………..
Registration
Certificate
No.
…………………………………………………………………………………………
…………………………
Maximum Value of Business which you can handle at any one time – USD………
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
2b.1
2b.2
Given details of Partners as follows:
Name
Nationality
115
Citizenship Details
Shares
1………………………………………………………………………………………
……………………………………………………………………………………….
2………………………………………………………………………………………
…………………………………………………………………………………………
3………………………………………………………………………………………
………………………………………………………………………………………..
4………………………………………………………………………………………
………………………………………………………………………………………..
Part 2 (c ) – Registered Company
2c.1
Private
or
Public
…………………………………………………………………………………………
…………………………………………………….
2c.2
State the Nominal and Issued Capital of CompanyNominal
………………………………………………………………………………
Issued
…………………………………………………………………………………
2c.3
USD
USD
Given details of all Directors as follows
Name
Nationality
Citizenship Details
Shares
1………………………………………………………………………………………
………………………………………………………………………………………..
2.
…………………………………………………………………………………………
…………………………………………………………………………………..
3.
…………………………………………………………………………………………
……………………………………………………………………………………
4.
…………………………………………………………………………………………
……………………………………………………………………………………
5
…………………………………………………………………………………………
…………………………………………………………………………………….
Part 3 – Eligibility Status
3.1
Are you related to an Employee, Committee Member or Board Member of Kenya
Revenue Authority? Yes ______ No_______
3.2
If answer in ‘3.1’ is YES give the relationship.
3.3
…………………………………………………………………………………………
………………………………………………………………………………………….
.
…………………………………………………………………………………………
………………………………………………………………………………………….
.
Does an Employee, Committee Member, Board Member of Kenya Revenue
116
Authority sit in the Board of Directors or Management of your Organization,
Subsidiaries or Joint Ventures? Yes______ No______
3.4
If answer in ‘3.3’ above is YES give details.
…………………………………………………………………………………………………
…………………………………………………………………………………..
…………………………………………………………………………………………………
…………………………………………………………………………………..
…………………………………………………………………………………………
………………………………………………………………………………………….
.
3.5
Has your Organization, Subsidiary Joint Venture or Sub-contractor been involved in
the past directly or indirectly with a firm or any of its affiliates that have been
engaged by Kenya Revenue Authority to provide consulting services for preparation
of design, specifications and other documents to be used for procurement of the
goods under this invitation? Yes_______ No_______
3.6
If answer in ‘3.5’ above is YES give details.
…………………………………………………………………………………………………
…………………………………………………………………………………..
…………………………………………………………………………………………………
…………………………………………………………………………………..
…………………………………………………………………………………………
………………………………………………………………………………………….
.
3.7
Are you under a declaration of ineligibility for corrupt and fraudulent practices?
YES_____ No______
3.8
If answer in ‘3.7’ above is YES give details:
…………………………………………………………………………………………
………………………………………………………………………………………….
.
…………………………………………………………………………………………
………………………………………………………………………………………….
.
…………………………………………………………………………………………
…………………………………………………………………………………..
3.9
Have you offered or given anything of value to influence the procurement process?
Yes _____No_____
3.10
If answer in ‘3.9’ above is YES give details
…………………………………………………………………………………………………
…………………………………………………………………………………..
…………………………………………………………………………………………………
…………………………………………………………………………………..
…………………………………………………………………………………………
………………………………………………………………………………………….
117
I DECLARE that the information given on this form is correct to the best of my
knowledge and belief.
Date ……………………………………………….. Signature
…………………………………………………………..

of
If a Kenya Citizen, indicate under “Citizenship Details” whether by Birth,
Naturalization or registration.
118
Candidate
8.3
TENDER SECURITY FORM
Whereas ………………………………………..[name of the tenderer]
(hereinafter called “the tenderer”)has submitted its tender dated………………..[date of submission of
tender ] for the provision of ………………………………………………..
[name and/or description of the services]
(hereinafter called “the
Tenderer”)……………………………………………………………………………
KNOW ALL PEOPLE by these presents that WE………………………………………
Of……………………………………………having registered office at
[name of KRA](hereinafter called “the Bank”)are bound unto…………………..
[name of KRA](hereinafter called “the KRA”) in the sum of …………………….
for which payment well and truly to be made to the said KRA, 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 the tenderer withdraws its Tender during the period of tender validity specified by the tenderer on
the Tender Form; or
2. If the tenderer, having been notified of the acceptance of its Tender by the KRA during the period
of tender validity:
(a) fails or refuses to execute the Contract Form, 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 KRA up to the above amount upon receipt of its first written demand,
without the KRA having to substantiate its demand, provided that in its demand the KRA will note
that the amount claimed by it is due to it, 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 above date.
[signature of the bank]
(Amend accordingly if provided by Insurance Company)
119
8.4
CONTRACT FORM
THIS AGREEMENT made the
day of
20
between
……………… [name of Procurement entity) of ……….. [country of Procurement entity]
(hereinafter called “the Procuring entity) of the one part and …………………….. [name of
tenderer] of ………….. [city and country of tenderer] (hereinafter called “the tenderer”) of the
other part;
WHEREAS the Procuring entity invited tenders for certain goods ] and has accepted a tender
by the tenderer for the supply of those goods in the sum of ……………………………
[contract price in words and figures] (hereinafter called “the Contract Price).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1.
In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract referred to:
2.
The following documents shall be deemed to form and be read and construed as part of
this Agreement viz:
(a)
the Tender Form and the Price Schedule submitted by the tenderer
(b)
the Schedule of Requirements
(c )
the Technical Specifications
(d)
the General Conditions of Contract
(e)
the Special Conditions of contract; and
(f )
the Procuring entity’s Notification of Award
3.
In consideration of the payments to be made by the Procuring entity to the tenderer as
hereinafter mentioned, the tender hereby covenants with the Procuring entity to provide the
goods and to remedy defects therein in conformity in all respects with the provisions of the
Contract
4.
The Procuring entity hereby covenants to pay the tenderer in consideration of the
provisions of the goods and the remedying of defects therein, the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written.
Signed, sealed, delivered by
the
(for the Procuring entity
Signed, sealed, delivered by
presence of
the
(for the tenderer in the
(Amend accordingly if provided by Insurance Company)
120
8.5
PERFORMANCE SECURITY FORM
To Kenya Revenue Authority
WHEREAS …………………………………… [name of tenderer] (hereinafter called “the
tenderer”) has undertaken , in pursuance of Contract No.
[reference
number of the contract] dated
20
to
supply
……………………………………………… [description of goods] (hereinafter called “the
Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the tenderer shall
furnish you with a bank guarantee by a reputable bank for the sum specified therein as security
for compliance with the Tenderer’s performance obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the tenderer a guarantee:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of
the tenderer, up to a total of ………………………. [amount of the guarantee in words and
figure] and we undertake to pay you, upon your first written demand declaring the tenderer to
be in default under the Contract and without cavil or argument, any sum or sums within the
limits of …………………….. [amount of guarantee] as aforesaid, without you needing to
prove or to show grounds or reasons for your demand or the sum specified therein.
This guarantee is valid until the
day of
Signed and seal of the Guarantors
[name of bank or financial institution]
[address]
[date]
121
20 ____
8.6
To
BANK GUARANTEE FOR ADVANCE PAYMENT FORM
Kenya Revenue Authority
[name of tender] …………………..
Gentlemen and/or Ladies:
In accordance with the payment provision included in the Special Conditions of Contract, which
amends the General Conditions of Contract to provide for advance payment,
…………………………………………………. [name and address of tenderer](hereinafter called
“the tenderer”) shall deposit with the Procuring entity a bank guarantee to guarantee its proper and
faithful performance under the said Clause of the Contract in an amount of ……
…………………. [amount of guarantee in figures and words].
We, the ……………………………. [bank or financial institutions], as instructed by the tenderer,
agree unconditionally and irrevocably to guarantee as primary obligator and not as surety merely,
the payment to the Procuring entity on its first demand without whatsoever right of objection on
our part and without its first claim to the tenderer, in the amount not exceeding
…………………… [amount of guarantee in figures and words]
We further agree that no change or addition to or other modification of the terms of the
Contract to be performed there-under or of any of the Contract documents which may be
made between the Procuring entity and the tenderer, shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition, or
modification.
This guarantee shall remain valid in full effect from the date of the advance payment received by
the tenderer under the Contract until ………… [Date].
Yours truly,
Signature and seal of the Guarantors
[name of bank or financial institution]
[address]
[date]
122
8.7
To
MANUFACTURER’S AUTHORIZATION FORM
Kenya Revenue Authority
WHEREAS ………………………………………………………… [name of the manufacturer]
who are established and reputable manufacturers of ………………….. [name and/or
description of the goods] having factories at ………………………………… [address of
factory] do hereby authorize ………………………… [name and address of Agent] to submit a
tender, and subsequently negotiate and sign the Contract with you against tender No.
………………………. [reference of the Tender] for the above goods manufactured by us.
We hereby extend our full guarantee and warranty as per the General Conditions of Contract for
the goods offered for supply by the above firm against this Invitation for Tenders.
[signature for and on behalf of manufacturer]
Note: This letter of authority should be on the letterhead of the Manufacturer and should be
signed by a person competent.
123
LETTER OF NOTIFICATION OF AWARD
Kenya Revenue Authority
P.O Box 48240 – 00100,
Nairobi.
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.
Deputy Commissioner,
Procurement & Supplies Services,
Haile Selassie Avenue, Times Tower, 25th Floor
Telephone: +254-020-2817022
Facsimile: +254-020-215809
FOR: Commissioner-General
124