3 MONTHS PROCUREMENT PLAN Project information: P173820 - Kenya Covid-19 Emergency Response Project Implementation agency: Ministry of Health and Kenya Medical Supplies Agency Date of the Procurement Plan: March 24 2020 Period covered by this Procurement Plan: Three months Preamble In accordance with paragraph 5.9 of the World Bank’s Procurement Regulations for IPF Borrowers for Goods, Works, Non-Consulting and Consulting Services, dated July 1, 2016 (revised in November 2017 and August 2018) (“Procurement Regulations”) the Bank’s Systematic Tracking and Exchanges in Procurement (STEP) system will be used to prepare, clear and update Procurement Plans and conduct all procurement transactions for the Project. This textual part along with the Procurement Plan tables in STEP constitute the Procurement Plan for the Project. The following conditions apply to all procurement activities in the Procurement Plan. The other elements of the Procurement Plan as required under paragraph 4.4 of the Procurement Regulations are set forth in STEP. The Bank’s Standard Procurement Documents: shall be used for all contracts subject to international competitive procurement and those contracts as specified in the Procurement Plan tables in STEP. National Procurement Arrangements: Paragraph 5.3 of the Procurement Regulations will not apply. When approaching the national market, the country’s own procurement procedures shall not be used due to restrictions on eligibility of otherwise eligible firms to participate in NCB. The Regulations will apply. However, the Borrower may use its own procurement arrangements as set forth in the Public Procurement and Disposal Act, 2003 Request for Quotation such arrangements shall be subject to paragraph 5.4 of the Procurement Regulations and the following conditions: In accordance with paragraph 5.3 of the Procurement Regulations, the request for bids/request for proposals document shall require that Bidders/Proposers submitting Bids/Proposals present a signed acceptance at the time of bidding, to be incorporated in any resulting contracts, confirming application of, and compliance with, the Bank’s Anti- Corruption Guidelines, including without limitation the Bank’s right to sanction and the Bank’s inspection and audit rights. The form of the Letter of Acceptance is attached in Appendix 1. Leased Assets as specified under paragraph 5.10 of the Procurement Regulations: Leasing may be used for those contracts identified in the Procurement Plan tables: Not Applicable. Procurement of Second Hand Goods as specified under paragraph 5.11 of the Procurement Regulations – is allowed for those contracts identified in the Procurement Plan tables: Not Applicable. Domestic preference as specified under paragraph 5.51 of the Procurement Regulations (Goods and Works). Goods : Applicable for those contracts identified in the Procurement Plan tables Works: applicable for those contracts identified in the Procurement Plan tables This being an emergency project, increased thresholds for Requests for Quotations (RFQ) to US$1 million for goods and services and US$5 million for works; Other Relevant Procurement Information:- Prior Procurement Arrangements: The Procurement Arrangements as indicated in the below table and within the thresholds indicated in the below tables will be used. The thresholds for the Bank’s prior review requirements are also provided in the table below: Table: Prior review Thresholds High Procurement Type Risk Works 5.0 Goods, It & Non-Consulting 1.5 Services Consultants (Firms) 0.5 Individual Consultants 0.2 Prequalification. Not expected for any works or goods packages in the procurement plan. Proposed Procedures for CDD Components: Applicable Reference to (if any) Project Operational/Procurement Manual: the IWMDP team will prepare a Procurement manuals, which will also be part of the Project Implementation Manual. Any Other Special Procurement Arrangements: None Procurement Packages/PLAN with Procurement Arrangements and Time Schedule: as per the Table below: Appendix 1 Letter of Acceptance of the World Bank’s Anti-Corruption Guidelines and Sanctions Framework Date: Invitation of Bids/Proposals No.__________ To: ___________________________________________________________________________ We, along with our sub-contractors, sub-consultants, service providers, suppliers, agents (whether declared or not) consultants and personnel, acknowledge and agree to abide by the World Bank’s policy regarding Fraud and Corruption (corrupt, fraudulent, collusive, coercive, and obstructive practices), as set out and defined in the World Bank’s Anti-Corruption Guidelines1 in connection with the procurement and execution of the contract (in case of award), including any amendments thereto. We declare and warrant that we, along our sub-contractors, sub-consultants, service providers, suppliers, agents (whether declared or not), consultants and personnel, , are not subject to, and are not controlled by any entity or individual that is subject to, a temporary suspension, early temporary suspension, or debarment imposed by a member of the World Bank Group, including, inter alia, a cross-debarment imposed by the World Bank Group as agreed with other international financial institutions (including multilateral development banks), or through the application of a World Bank Group finding of non-responsibility on the basis of Fraud and Corruption in connection with World Bank Group corporate procurement. Further, we are not ineligible under the laws or official regulations of [Insert name of Employer as per bidding document] or pursuant to a decision of the United Nations Security Council. We confirm our understanding of the consequences of not complying with the World Bank’s Anti-Corruption Guidelines, which may include the following: a. rejection of our Proposal/Bid for award of contract; b. in the case of award, termination of the contract, without prejudice to any other remedy for breach of contract; and c. sanctions, pursuant to the Bank’s Anti-corruption Guidelines and in accordance with its prevailing sanctions policies and procedures as set forth in the Bank’s Sanctions Framework. This may include a public declaration of ineligibility, either indefinitely or for a stated period of time, (i) to be awarded or otherwise benefit from a Bank-financed contract, 1Guidelines on Preventing and Combating Fraud and Corruption in Projects Financed by International Bank for Reconstruction and Development Loans and the International Development Agency Credits and Grants, dated October 15, 2006, and revised in January 2011 and July 2016, as they may be revised from time to time. financially or in any other manner;2 (ii) to be a nominated3 sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project. We understand that we may be declared ineligible as set out above upon: a. completion of World Bank Group sanctions proceedings according to its prevailing sanctions procedures; b. cross-debarment as agreed with other international financial institutions (including multilateral development banks); c. the application of a World Bank Group finding of non-responsibility on the basis of Fraud and Corruption in connection with World Bank Group corporate procurement; or d. temporary suspension or early temporary suspension in connection with an ongoing World Bank Group sanctions proceeding. For avoidance of doubt, the foregoing effects of ineligibility do not extend to a sanctioned firm’s or individual’s execution of its ongoing Bank-financed contracts (or its ongoing sub-agreements under such contracts) that are not the subject of a material modification, as determined by the Bank. We shall permit, and shall cause our sub-contractors, sub-consultants, agents (whether declared or not), personnel, consultants, service providers or suppliers, to permit the Bank to inspect4 all accounts, records, and other documents relating to the procurement process and/or contract execution (in the case of award), and to have them audited by auditors appointed by the Bank. 2 For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract. 3 A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower. 4 Inspections in this context are usually investigative (i.e., forensic) in nature: they involve fact-finding activities undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes but is not limited to accessing and examining a firm's or individual's financial records and information, and making copies thereof as relevant; accessing and examining any other documents, data, and information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining third-party verification of information. We agree to preserve all accounts, records, and other documents (whether in hard copy or electronic format) related to the procurement and execution of the contract. Name of the Bidder/Consultant: Name of the person duly authorized to sign the Bid/Proposal on behalf of the Bidder/Consultant: Title of the person signing the Letter: PROCUREMENT Kenya : KENYA COVID-19 EMERGENCY RESPONSE PROJECT PLAN General Information Country: Kenya Bank’s Approval Date of the Original Procurement Plan: 2020-06-04 2020-09-14 Revised Plan Date(s): (comma delineated, leave blank if none) Project ID: P173820 GPN Date: 2020-04-08 Project Name: KENYA COVID-19 EMERGENCY RESPONSE PROJECT Loan / Credit No: IDA / 65980 Executing Agency(ies): Kenya Medical Supplies Authority WORKS Bid Evaluation Activity Reference No. / Procurement Estimated Actual Draft Bidding Loan / Credit Market Procurement Prequalification High SEA/SH Process Draft Pre-qualification Prequalification Specific Procurement Bidding Documents Proposal Submission / Report and Contract Description Component Review Type Method Document Amount Amount Document / Signed Contract No. Approach Process (Y/N) Risk Status Documents Evaluation Report Notice / Invitation as Issued Opening / Minutes Recommendation for Completion Type (US$) (US$) Justification Award Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned GOODS Bid Evaluation Activity Reference No. / Draft Bidding Loan / Credit Market Procurement Prequalification Estimated Actual Amount Process Draft Pre-qualification Prequalification Specific Procurement Bidding Documents Proposal Submission / Report and Description Component Review Type Method Document / Signed Contract Contract Completion No. Approach Process (Y/N) Amount (US$) (US$) Status Documents Evaluation Report Notice / Invitation as Issued Opening / Minutes Recommendation for Justification Award Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual KE-KEMSA-177346-GO-DIR / Direct Procurement of Abbott Real-time SARS-COV- Medical supplies and IDA / 65980 Post Direct Selection Direct 3,659,400.00 3,452,059.87 Signed 2020-06-03 2020-06-04 2020-06-08 2020-05-27 2020-07-13 2020-06-23 2021-01-09 2 test kits (2x24 tests per equipment kit) from Abbott GmbH & CO. KG KE-KEMSA-177957-GO-DIR / Direct procurement and distribution of PCR tests & Medical supplies and Extraction kits and Virus IDA / 65980 Post Direct Selection 889,000.00 799,483.71 Signed 2020-06-05 2020-05-07 2020-06-10 2020-06-09 2020-07-15 2020-06-22 2021-01-11 equipment transport media for Covid-19 from Steplabs Technical Services Ltd KE-KEMSA-181488-GO-RFQ / Procurement of Laboratory Equipment Real time PCR - Qty: 4 No. Medical supplies and Request for Single Stage - One IDA / 65980 Post Limited 608,650.00 0.00 Canceled 2020-07-06 2020-08-31 2021-02-27 Freezer (-80°C) - Qty: 4 No. equipment Quotations Envelope Refrigerated centrifuge - Qty: 3 No. Sequencer - Qty: 3 No. KE-KEMSA-181485-GO-RFQ Pending / Procurement of 14 No. Medical supplies and Request for Single Stage - One IDA / 65980 Post Limited 770,000.00 0.00 Implementati 2020-07-06 2020-08-31 2021-02-27 Dialysis machines with 1 equipment Quotations Envelope on dialysis bed per unit KE-KEMSA-181486-GO-RFQ Pending / Procurement of 35 No. Medical supplies and Request for Single Stage - One IDA / 65980 Post Limited 105,000.00 0.00 Implementati 2020-07-11 2020-09-05 2021-03-04 Negative Pressure equipment Quotations Envelope on Ambulance Stretchers KE-KEMSA-188539-GO-RFQ / Procurement of Laboratory Pending Equipment Real time PCR - Medical supplies and Request for Single Stage - One IDA / 65980 Post Limited 602,000.00 0.00 Implementati 2020-08-22 2020-10-17 2021-04-15 Qty: 6 No. Freezer (-80°C) - equipment Quotations Envelope on Qty: 4 No. Refrigerated centrifuge - Qty: 3 No. Page 1 KE-KEMSA-193291-GO-DIR / Direct procurement of 300 kits (28,800 tests) Abbott Pending Medical supplies and RealTime SARS-COV-2 Test IDA / 65980 Post Direct Selection Direct 569,492.00 0.00 Implementati 2020-09-15 2020-09-20 2020-10-25 2021-04-23 equipment kits (4x24 tests per kit) on from Abbott GmbH & Co. Kg KE-KEMSA-193289-GO-DIR / Direct Procurement of 11 Pending Medical supplies and No. PCR machines (ABI IDA / 65980 Post Direct Selection Direct 946,186.00 0.00 Implementati 2020-09-15 2020-09-20 2020-10-25 2021-04-23 equipment QuantStudio 5) from on Thermofisher Scientific KE-KEMSA-193285-GO-RFQ / Procurement of Laboratory Equipment: Pending 11 No. Waterbaths Medical supplies and Request for Single Stage - One IDA / 65980 Post Limited 217,514.00 0.00 Implementati 2020-09-20 2020-11-15 2021-05-14 11 No. Biological Safety equipment Quotations Envelope on Cabinet 11 No. Refrigerated Centrifuges NON CONSULTING SERVICES Bid Evaluation Activity Reference No. / Draft Bidding Loan / Credit Market Procurement Prequalification Estimated Actual Amount Process Draft Pre-qualification Prequalification Specific Procurement Bidding Documents Proposal Submission / Report and Description Component Review Type Method Document / Signed Contract Contract Completion No. Approach Process (Y/N) Amount (US$) (US$) Status Documents Evaluation Report Notice / Invitation as Issued Opening / Minutes Recommendation for Justification Award Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual CONSULTING FIRMS Activity Reference No. / Combined Evaluation Loan / Credit Market Contract Type Estimated Actual Expression of Interest Short List and Draft Request for Proposals Opening of Technical Evaluation of Description Component Review Type Method Process Status Terms of Reference Report and Draft Signed Contract Contract Completion No. Approach Amount (US$) Amount (US$) Notice Request for Proposals as Issued Proposals / Minutes Technical Proposal Negotiated Contract Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual INDIVIDUAL CONSULTANTS Activity Reference No. / Invitation to Loan / Credit Market Contract Type Estimated Actual Draft Negotiated Description Component Review Type Method Process Status Terms of Reference Identified/Selected Signed Contract Contract Completion No. Approach Amount (US$) Amount (US$) Contract Consultant Planned Actual Planned Actual Planned Actual Planned Actual Planned Actual Page 2