PROJECT
REPUBLIC OF KENYA
GOVERNMENT OF MACHAKOS COUNTY
DEPARTMENT OF EDUCATION, SKILLS TRAINING & SOCIAL WELFARE
P.O. BOX 3565 - 90100
MACHAKOS
RESERVED FOR YOUTH
TENDER NAME: CONSTRUCTION OF 2 ECDE CLASSES AT MWALA SUB COUNTY
NDULUKU EDCE
KITILE ECDE
TENDER NUMBER/ NEGOTIATION NO: 845143
Pre tender site visit date: January 28, 2021
JANUARY 2021
TABLE OF CONTENTS
Contents Page
INTRODUCTION .................................................................. ………………………………3
SECTION I - INVITATION TO TENDER ............................................................................. 4
SECTION II - INSTRUCTIONS TO TENDERERS ................................................................ 5
1. General/Eligibility/Qualifications/Joint venture/Cost of tendering ........................................................... 5
2. Tender Documents................................................................................................................................... 7
3. Preparation of Tenders.............................................................................................................................. 8
4. Submission of Tenders ............................................................................................................................ 11
5. Tender Opening and Evaluation ............................................................................................................. 11
6. Award of Contract ................................................................................................................................... 13
7. Corrupt and Fraudulent practices ............................................................................................................ 15
SECTION III - CONDITIONS OF CONTRACT .................................................................. 15
1. Definitions ............................................................................................................................................... 15
2. Interpretation ........................................................................................................................................... 17
3. Language and Law............................................................................................................................................ 18
4. Project Manager’s Decisions ................................................................................................................... 18
5. Delegation ............................................................................................................................................... 18
6. Communications ...................................................................................................................................... 18
7. Sub-contracting ....................................................................................................................................... 18
8. Other Contractors .................................................................................................................................... 19
9. Personnel ................................................................................................................................................. 19
10. Works .................................................................................................................................................. 19
11. Safety and Temporary Works ............................................................................................................. 19
12. Discoveries .......................................................................................................................................... 19
13. Work Program ..................................................................................................................................... 20
14. Possession of Site ............................................................................................................................... 20
15. Access to Site ...................................................................................................................................... 20
16. Instructions .......................................................................................................................................... 20
17. Extension or Acceleration of Completion Date.................................................................................... 21
18. Management Meetings ........................................................................................................................ 21
19. Early Warning ..................................................................................................................................... 21
20. Defects ................................................................................................................................................ 21
21. Bills of Quantities ................................................................................................................................ 22
22. Variations ............................................................................................................................................ 22
23. Payment Certificates, Currency of Payments and Advance Payments ............................................ 23
24. Compensation Events .......................................................................................................................... 25
25. Price Adjustment ................................................................................................................................ 26
26. Retention ............................................................................................................................................. 28
27. Liquidated Damages ............................................................................................................................ 28
28. Securities ............................................................................................................................................. 28
29. Day works ........................................................................................................................................... 29
30. Liability a nd Insurance ....................................................................................................................... 29
31. Completion and taking over................................................................................................................ 30
32. Final Account ...................................................................................................................................... 31
33. Termination ......................................................................................................................................... 31
34. Payment upon Termination ................................................................................................................. 32
35. Release from Performance ................................................................................................................. 33
36. Corrupt gifts and payments of commission ........................................................................................ 33
37. Settlement of Disputes ......................................................................................................................... 33
SECTION IV - APPENDIX TO CONDITIONS OF CONTRACT ...................................... 35
SECTION V - SPECIFICATIONS ........................................................................................ 37
SECTION VI - DRAWINGS ................................................................................................. 37
SECTION VII - BILL OF QUANTITIES .............................................................................. 37
SECTION VIII - STANDARD FORMS .............................................................................. 52
FORM OF INVITATION FOR TENDERS ..................................................................................................... 53
FORM OF TENDER ....................................................................................................................................... 55
LETTER OF ACCEPTANCE .......................................................................................................................... 56
FORM OF AGREEMENT ............................................................................................................................... 57
FORM OF TENDER SECURITY ................................................................................................................... 59
PERFORMANCE BANK GUARANTEE ...................................................................................................... 60
BANK GUARANTEE FOR ADVANCE PAYMENT .................................................................................... 61
QUALIFICATION INFORMATION ............................................................................................................ 63
TENDER QUESTIONNAIRE ......................................................................................................................... 66
CONFIDENTIAL BUSINESS QUESTIONNAIRE ......................................................................................... 67
STATEMENT OF FOREIGN CURRENCY REQUIREMENTS .................................................................... 69
DETAILS OF SUB-CONTRACTORS ............................................................................................................ 70
LETTER OF NOTIFICATION OF AWARD .................................................................................................. 71
FORM RB 1 ..................................................................................................................................................... 72
INRODUCTION
1 . 1 The Department of Education, skills training & social welfare
SECTION I - INVITATION TO TENDER
TENDER REF NUMBER: 845143
TENDER NAME: CONSTRUCTION OF 2 ECDE CLASSES IN MWALA SUB COUNTY
The Government of Machakos County invites sealed tenders for the construction of 2 ecde
classes at mwala Sub County.
1.1 Interested eligible candidates may obtain further information from the tender
documents at the Machakos County Education office during normal working hours
1.2 A complete tender document shall be obtained from the county website from
www.machakosgovernment.com.orPPRA information portal or IFMIS
suppliers’ portal supplier.treasury.go.ke and any cost incurred in
preparation and submission of the tenders shall be done by the
tenderer.
1.3 Completed tender documents are to be submitted through IFMIS so as to be received
on or before 2 nd
February, 2021. The system will automatically lock out at
the time and date of tender closing as indicated in the IFMIS portal
1.4 Prices quoted should be net inclusive of all taxes and must be expressed in Kenya
Shillings and shall remain valid for a period of One Hundred and Twenty (120) days
from the closing date of the tender.
GOVERNMENT OF MACHAKOS COUNTY
SECTION II - INSTRUCTIONS TO TENDERERS
1. General/Eligibility/Qualifications/Joint venture/Cost of tendering
1.1 The Employer as defined in the Appendix to Conditions of Contract invites tenders for
Works Contract as described in the tender documents. The successful tenderer will be
expected to complete the construction by the Intended Completion Date specified in
the tender documents.
1.2 All tenderers shall provide the Qualification Information, a statement that the tenderer
(including all members of a joint venture and subcontractors) is not associated, or has
not been associated in the past, directly or indirectly, with the Consultant or any other
entity that has prepared the design, specifications, and other documents for the project
or being proposed as Project Manager for the Contract. A firm that has been engaged
by the Employer to provide consulting services for the preparation or supervision of
the Works, and any of its affiliates, shall not be eligible to tender.
1.3 All tenderers shall provide in the Form of Tender and Qualification Information, a
preliminary description of the proposed construction method and schedule, including
drawings and charts, as necessary.
1.4 In the event that pre-qualification of potential tenderers has been undertaken, only
tenders from pre-qualified tenderers will be considered for award of Contract. These
qualified tenderers should submit with their tenders any information updating their
original pre- qualification applications or, alternatively, confirm in their tenders that
the originally submitted pre-qualification information remains essentially correct as of
the date of tender submission.
1.5 Where no pre-qualification of potential tenderers has been done, all tenderers shall
include the following information and documents with their tenders, unless otherwise
stated:
PRELIMINARY EVALUATION
Mandatory requirement:
Copy of Business Incorporation/ Registration Certificate
Copy of Tax Payer Registration (KRA PIN/VAT)
Copy of Valid Tax Compliance Certificate
Copy of Valid Single Business Permit
Copy of Valid National Construction Authority Certificate (NCA 8 and above
Certificate – Building Works)
Fully filled Bill of Quantities
Duly filled, signed and stamped Confidential Business Questionnaire Form
Dully filled, signed and Stamped Form of Tender
TECHNICAL EVALUATION
The technical evaluation has a maximum of 70 marks and the pass mark is 49 marks i.e. 70% of 70
Experience – Out of 15 Marks
Attach relevant work done with provided evidence (practical completion certificate for completed works) - each 5 Marks
Key Personnel/Staff – Out of 20 Marks
Attach relevant academic or professional Certificates and Curriculum Vitae (CV) for each staff - 5 Marks
Equipment – Out of 15 Marks
Schedule of equipment and proof of access to or ownership of relevant equipment
Financial Capacity – Out of 20 Mark
A very recent opinion letter from a reputable bank showing possibility to access facility
obtained within this financial year (2019/2020) i.e. as from 1 st
July, 2019 – 10 Marks
Copies of certified Bank Statements for the last 12 months – 5 Marks
Works done of equivalent value – 5 Marks
EVALUATION CRITERIA
1.6 The figures for each of the partners of a joint venture shall be added together to
determine the tenderer’s compliance with the minimum qualifying criteria of clause
1.7 (1.7.1) and (1.7.5); however, for a joint venture to qualify, each of its partners must
meet at least twenty five (25) percent of minimum criteria 1.7 (1.7.1), (1.7.2) and
(1.7.5) for an individual tenderer, and the partner in charge at least forty (40) percent
of those minimum criteria. Failure to comply with this requirement will result in
rejection of the joint venture’s tender. Subcontractors’ experience and resources will
not be taken into account in determining the tenderer’s compliance with the qualifying
criteria, unless otherwise stated.
1.7 Each tenderer shall submit only one tender, either individually or as a partner in a joint
venture. A tenderer who submits or participates in more than one tender (other than as
a subcontractor or in cases of alternatives that have been permitted or requested) will
cause all the proposals with the tenderer’s participation to be disqualified.
1.8 The tenderer shall bear all costs associated with the preparation and submission of his
tender, and the Employer will in no case be responsible or liable for those costs.
1.9 The tenderer, at the tenderer’s own responsibility and risk, is encouraged to visit and
examine the Site of the construction and its surroundings, and obtain all information
that may be necessary for preparing the tender and entering into a contract for
construction of the Works. The costs of visiting the Site shall be at the tenderer’s own
expense.
1.10 The procuring entity’s employees, committee members, board members and their
relative (spouse and children) are not eligible to participate in the tender.
1.11 The tender document is available online as per the invitation to tender thus there will
be no charges for the tender document.
1.12 The procuring entity shall allow the tenderer to review the tender document free of
charge from the county website www.machakosgovernment.com.orPPRA
information portal or IFMIS suppliers’ portal supplier.treasury.go.ke before
submission.
2. Tender Documents
2.1 The complete set of tender documents comprises the documents listed below and any
addenda issued in accordance with Clause 2.4.
2.1.1 These Instructions to Tenderers
2.1.2 Form of Tender and Qualification Information
2.1.3 Conditions of Contract
2.1.4 Appendix to Conditions of Contract
2.1.5 Specifications
2.1.6 Drawings
2.1.7 Bills of Quantities
2.1.8 Forms of Securities
2.2 The tenderer shall examine all Instructions, Forms to be filled and Specifications in the
tender documents. Failure to furnish all information required by the tender documents,
or submission of a tender not substantially responsive to the tendering documents in
every respect will be at the tenderer’s risk and may result in rejection of his tender.
2.3 A prospective tenderer making an inquiry relating to the tender documents may notify
the Employer in writing or by cable, telex or facsimile at the address indicated in the
letter of invitation to tender. The Employer will only respond to requests for
clarification received earlier than seven (7) days prior to the deadline for submission of
tenders. Copies of the Employer’s response will be forwarded to all persons issued
with tendering documents, including a description of the inquiry, but without
identifying its source.
2.4 Before the deadline for submission of tenders, the Employer may modify the tendering
documents by issuing addenda. Any addendum thus issued shall be part of the
tendering documents and shall be communicated in writing or by cable, telex or
facsimile to all tenderers. Prospective tenderers shall acknowledge receipt of each
addendum in writing to the Employer.
2.5 To give prospective tenderers reasonable time in which to take an addendum into
account in preparing their tenders, the Employer shall extend, as necessary, the
deadline for submission of tenders, in accordance with Clause 4.2 here below.
3. Preparation of Tenders
3.1 All documents relating to the tender and any correspondence shall be in English
language.
3.2 The tender submitted by the tenderer shall comprise the following:
3.2.1 The Instructions to Tenderers, Form of Tender, Conditions of Contract,
Appendix to Conditions of Contract and Specifications;
3.2.2 Tender Security;
3.2.3 Priced Bill of Quantities;
3.2.4 Qualification Information Form and Documents;
3.2.5 Any other materials required to be completed and submitted by the tenderers.
3.3 The tenderer shall fill in rates and prices for all items of the construction described in
the Bill of Quantities. Items for which no rate or price is entered by the tenderer will
not be paid for when executed and shall be deemed covered by the other rates and
prices in the Bill of Quantities. All duties, taxes, and other levies payable by the
Contractor under the Contract, or for any other cause relevant to the Contract, as of
thirty (30) days prior to the deadline for submission of tenders, shall be included in the
tender price submitted by the tenderer.
3.4 The rates and prices quoted by the tenderer shall not be subject to adjustment during
the performance of the Contract.
3.5 The unit rates and prices shall be in Kenya Shillings.
3.6 Tenders shall remain valid for a period of One Hundred and Twenty (120) days from
the date of submission. However in exceptional circumstances, the Employer may
request that the tenderers extend the period of validity for a specified additional period.
The request and the tenderers’ responses shall be made in writing. A tenderer may
refuse the request without forfeiting the Tender Security. A tenderer agreeing to the
request will not be required or permitted to otherwise modify the tender, but will be
required to extend the validity of Tender Security for the period of the extension, and
in compliance with Clause 3.7 - 3.11 in all respects.
3.7 The format of the Tender Security should be in accordance with the form of Tender
Security included in Section G - Standard forms or any other form acceptable to the
Employer. Tender Security shall be valid for thirty (30) days beyond the validity of the
tender.
3.8 Any tender not accompanied by an acceptable Tender Security shall be rejected. The
Tender Security of a joint venture must define as “Tenderer” all joint venture partners and
list them in the following manner: a joint venture consisting of”
”,” ”,and “ ”.
3.9 The Tender Securities of unsuccessful tenderers will be returned within twenty eight
(28) days of the end of the tender validity period specified in Clause 3.6.
3.10 The Tender Security of the successful tenderer will be discharged when the tenderer
has signed the Contract Agreement and furnished the required Performance Security.
3.11 The Tender Security may be forfeited
3.11.1 If the tenderer withdraws the tender after tender opening during the period of
tender validity;
3.11.2 In the case of a successful tenderer, if the tenderer fails within the specified
time limit to:
3.12.1.1 Sign the Agreement, or
3.12.1.2 Furnish the required Performance Security.
3.13 Tenderers shall submit offers that comply with the requirements of the tendering
documents, including the basic technical design as indicated in the Drawings and
Specifications. Alternatives will not be considered, unless specifically allowed in the
invitation to tender. If so allowed, tenderers wishing to offer technical alternatives
to the requirements of the tendering documents must also submit a tender that
complies with the requirements of the tendering documents, including the basic
technical design as indicated in the Drawings and Specifications. In addition to
submitting the basic tender, the tenderer shall provide all information necessary
for a complete evaluation of the alternative, including design calculations, technical
specifications, breakdown of prices, proposed construction methods and other relevant
details. Only the technical alternatives, if any, of the lowest evaluated tender
conforming to the basic technical requirements shall be considered.
3.14 The original and all copies of the tender shall be typed or written in indelible ink and
shall be signed by a person or persons duly authorized to sign on behalf of the
tenderer, pursuant to Clause 1.5 (1.5.1) or 1.6 (1.6.2), as the case may be. All pages of
the tender where alterations or additions have been made shall be initialed by the
person or persons signing the tender.
3.15 Clarification of tenders shall be requested by the tenderer to be received by the
procuring entity not later than seven (7) days prior to the deadline for submission of
tenders.
3.16 The procuring entity shall reply to any clarifications sought by the tenderer within
three (3) days of receiving the request to enable the tenderer to make timely
submission of its tender.
3.17 The tender security shall be in the amount of 0.5 - 2 per cent of the tender price.
4. Submission of Tenders
1.5 Completed tender documents are to be submitted through IFMIS so as to be received
on or before 2 nd
February, 2021.The system will automatically lock out
at the time and date of tender closing as indicated in the IFMIS portal
4.1 Tenders shall be submitted through IFMIS not later than the time and date specified in
the invitation to tender. However, the Employer may extend the deadline for
submission of tenders by issuing an amendment in accordance with Sub-Clause 2.5 in
which case all rights and obligations of the Employer and the tenderers previously
subject to the original deadline will then be subject to the new deadline.
4.2 Any tender received after the deadline prescribed in clause 4.2 will be returned to the
tenderer un-opened.
4.3 Tenderers may modify or withdraw their tenders by giving notice in writing before the
deadline prescribed in clause 4.2. Each tenderer’s modification or withdrawal
4.4 Withdrawal of a tender between the deadline for submission of tenders and the
expiration of the period of tender validity specified in the invitation to tender or as
extended pursuant to Clause 3.6 may result in the forfeiture of the Tender Security
pursuant to Clause 3.11.
4.5 Tenderers may only offer discounts to, or otherwise modify the prices of their tenders
by submitting tender modifications in accordance with Clause 4.4 or be included in the
original tender submission.
5. Tender Opening and Evaluation
5.1 The tenderers’ names, the tender prices, the total amount of each tender and of any
alternative tender (if alternatives have been requested or permitted), any discounts,
tender modifications and withdrawals, the presence or absence of Tender Security, and
such other details as may be considered appropriate, will be announced by the
Employer at the opening. Minutes of the tender opening, including the information
disclosed to those present will be prepared by the Employer.
5.2 Information relating to the examination, clarification, evaluation, and comparison of
tenders and recommendations for the award of Contract shall not be disclosed to
tenderers or any other persons not officially concerned with such process until the
award to the successful tenderer has been announced. Any effort by a tenderer to
influence the Employer’s officials, processing of tenders or award decisions may
result in the rejection of his tender.
5.3 To assist in the examination, evaluation, and comparison of tenders, the Employer at
his discretion, may ask any tenderer for clarification of the tender, including
breakdowns of unit rates. The request for clarification and the response shall be in
writing or by cable, telex or facsimile but no change in the price or substance of the
tender shall be sought, offered, or permitted.
5.4 Prior to the detailed evaluation of tenders, the Employer will determine whether each
tender:
5.4.1 Meets the eligibility criteria defined in Clause 1.7;
5.4.2 Is accompanied by the required securities; and
5.4.3 Is substantially responsive to the requirements of the tendering documents. A
substantially responsive tender is one which conforms to all the terms,
conditions and specifications of the tendering documents, without material
deviation or reservation. A material deviation or reservation is one:
5.4.3.1 Which affects in any substantial way the scope, quality, or
performance of the works;
5.4.3.2 Which limits in any substantial way, inconsistent with the tendering
documents, the Employer’s rights or the tenderer’s obligations under
the Contract; or
5.4.3.3 Whose rectification would affect unfairly the competitive position of
other tenderers presenting substantially responsive tenders.
5.5 If a tender is not substantially responsive, it will be rejected, and may not subsequently
be made responsive by correction or withdrawal of the nonconforming deviation or
reservation.
5.6 There shall be no correction of arithmetic errors. The tender sum as submitted in the Form
of Tender and read out during the tender opening shall be absolute and final and shall not be
subject to correction, adjustment or amendment in any way by any person or entity. If there
is a discrepancy between words and figures the amount in words will prevail.
5.7 The Employer will evaluate and compare only the tenders determined to be
substantially responsive in accordance with Clause 5.5.
5.8 In evaluating the tenders, the Employer will determine for each tender the evaluated tender
price as submitted in the Form of Tender and read out during the tender opening.
5.9 The Employer reserves the right to accept or reject any variation, deviation, or alternative
offer. Variations, deviations, and alternative offers and other factors which are in excess of
the requirements of the tender documents or otherwise result in unsolicited benefits for the
Employer will not be taken into account in tender evaluation.
5.10 The tenderer shall not influence the Employer on any matter relating to his tender from
the time of the tender opening to the time the Contract is awarded. Any effort by the
Tenderer to influence the Employer or his employees in his decision on tender
evaluation, tender comparison or Contract award may result in the rejection of the
tender.
5.11 Firms incorporated in Kenya where indigenous Kenyans own fifty one (51) percent or
more of the share capital shall be allowed a ten (10) percent preferential bias provided
that they do not sub-contract work valued at more than fifty (50) percent of the
Contract Price excluding Provisional Sums to non-indigenous sub-contractor.
6. Award of Contract
6.1 Subject to Clause 6.2, the award of the Contract will be made to the tenderer whose
tender has been determined to be substantially responsive to the tendering documents
and who has offered the lowest evaluated tender price, provided that such tenderer has
been determined to be:
6.1.1 Eligible in accordance with the provision of Clauses 1.2, and
6.1.2 Qualified in accordance with the provisions of clause 1.7 and 1.8.
6.2 The tenderer whose tender has been accepted will be notified of the award prior to
expiration of the tender validity period in writing or by cable, telex or facsimile. This
notification (hereinafter and in all Contract documents called the “Letter of
Acceptance”) will state the sum (hereinafter and in all Contract documents called the
“Contract Price”) that the Employer will pay the Contractor in consideration of the
execution, completion, and maintenance of the construction by the Contractor as
prescribed by the Contract. At the same time the other tenderers shall be informed that
their tenders have not been successful.
The contract shall be formed on the parties signing the contract.
6.3 The Agreement will incorporate all agreements between the Employer and the
successful tenderer. Within fourteen (14) days of receipt the successful tenderer will
sign the Agreement and return it to the Employer.
6.4 Within twenty one (21) days after receipt of the Letter of Acceptance, the successful
tenderer shall deliver to the Employer a Performance Security in the amount stipulated
in the Appendix to Conditions of Contract and in the form stipulated in the Tender
documents. The Performance Security shall be in the amount and specified form.
6.5 Failure of the successful tenderer to comply with the requirements of clause 6.5 shall
constitute sufficient grounds for cancellation of the award and forfeiture of the Tender
Security.
6.6 Upon the furnishing by the successful tenderer of the Performance Security, the
Employer will promptly notify the other tenderers that their tenders have been
unsuccessful.
6.7 Preference where allowed in the evaluation of tenders shall not be allowed for
contracts not exceeding one year (12 months)
6.8 The tender evaluation committee shall evaluate the tender within thirty (30) days of
the validity period from the date of opening the tender.
6.9 The parties to the contract shall have it signed within thirty (30) days from the date of
notification of contract award unless there is an administrative review request.
6.10 Contract price variations shall not be allowed for contracts not exceeding one year (12
months)
6.11 Where contract price variation is allowed, the valuation shall not exceed fifteen
(15) Of the original contract price.
6.12 Price variation request shall be processed by the procuring entity within thirty (30)
days of receiving the request.
6.13 The procuring entity may at any time terminate procurement proceedings before
contract award and shall not be liable to any person for the termination.
6.14 The procuring entity shall give prompt notice of the termination to the tenderers and
on request give its reasons for termination within fourteen (14) days of receiving the
request from any tenderer.
6.15 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.
7. Corrupt and Fraudulent practices
7.1 The procuring entity requires that tenderers observe the highest standards of ethics
during procurement process and execution of contracts. A tenderer shall sign a
declaration that he has not and will not be involved in corrupt and fraudulent practices.
SECTION III - CONDITIONS OF CONTRACT
1. Definitions
1.1 In this Contract, except where context otherwise requires, the following terms shall be
interpreted as indicated;
1.1.1 “Bill of Quantities” means the priced and completed Bill of Quantities
forming part of the tender.
1.1.2 “Compensation Events” are those defined in Clause 24 hereunder.
1.1.3 “The Completion Date” means the date of completion of the Works as
certified by the Project Manager, in accordance with Clause 31.
1.1.4 “The Contract” means the agreement entered into between the Employer and the
Contractor as recorded in the Agreement Form and signed by the parties including
all attachments and appendices thereto and all documents incorporated by reference
therein to execute, complete, and maintain the Works,
1.1.5 “The Contractor” refers to the person or corporate body whose tender to
carry out the Works has been accepted by the Employer.
1.1.6 “The Contractor’s Tender” is the completed tendering document submitted
by the Contractor to the Employer.
1.1.7 “The Contract Price” is the price stated in the Letter of Acceptance and
thereafter as adjusted in accordance with the provisions of the Contract.
1.1.8 “Days” are calendar days; “Months” are calendar months.
1.1.9 “A Defect” is any part of the Works not completed in accordance with the
Contract.
1.1.10 “The Defects Liability Certificate” is the certificate issued by Project
Manager upon correction of defects by the Contractor.
1.1.11 “The Defects Liability Period” is the period named in the Contract Data and
calculated from the Completion Date.
1.1.12 “Drawings” include calculations and other information provided or approved
by the Project Manager for the execution of the Contract.
1.1.13 “Day works” are Work inputs subject to payment on a time basis for labour
and the associated materials and plant.
1.1.14 “Employer”, or the “Procuring entity” as defined in the Public Procurement
Regulations (i.e. Central or Local Government administration, Universities,
Public Institutions and Corporations, etc.) is the party who employs the
Contractor to carry out the Works.
1.1.15 “Equipment” is the Contractor’s machinery and vehicles brought temporarily
to the Site for the execution of the Works.
1.1.16 “The Intended Completion Date” is the date on which it is intended that the
Contractor shall complete the Works. The Intended Completion Date may be
revised only by the Project Manager by issuing an extension of time or an
acceleration order.
1.1.17 “Materials” are all supplies, including consumables, used by the Contractor
for incorporation in the Works.
1.1.18 “Plant” is any integral part of the Works that shall have a mechanical,
electrical, chemical, or biological function.
1.1.19 “Project Manager” is the person named in the Appendix to Conditions of
Contract (or any other competent person appointed by the Employer and
notified to the Contractor, to act in replacement of the Project Manager) who is
responsible for supervising the execution of the Works and administering the
Contract and shall be an “Architect” or a “Quantity Surveyor” registered under
the Architects and Quantity Surveyors Act Cap 525 or an “Engineer”
registered under Engineers Registration Act Cap 530.
1.1.20 “Site” is the area defined as such in the Appendix to Condition of Contract.
1.1.21 “Site Investigation Reports” are those reports that may be included in the
tendering documents which are factual and interpretative about the surface and
subsurface conditions at the Site.
1.1.22 “Specifications” means the Specifications of the Works included in the
Contract and any modification or addition made or approved by the Project
Manager.
1.1.23 “Start Date” is the latest date when the Contractor shall commence execution
of the Works. It does not necessarily coincide with the Site possession date(s).
1.1.24 “A Subcontractor” is a person or corporate body who has a Contract with the
Contractor to carry out a part of the Work in the Contract, which includes
Work on the Site.
1.1.25 “Temporary works” are works designed, constructed, installed, and removed
by the Contractor which are needed for construction or installation of the
Works.
1.1.26 “A Variation” is an instruction given by the Project Manager which varies the
Works.
1.1.27 “The Works” are what the Contract requires the Contractor to construct,
install, and turnover to the Employer, as defined in the Appendix to Conditions
of Contract.
2. Interpretation
2.1 In interpreting these Conditions of Contract, singular also means plural, male also
means female or neuter, and the other way around. Headings have no significance.
Words have their normal meaning in English Language unless specifically defined.
The Project Manager will provide instructions clarifying queries about these
Conditions of Contract.
2.2 If sectional completion is specified in the Appendix to Conditions of Contract,
reference in the Conditions of Contract to the Works, the Completion Date and the
Intended Completion Date apply to any section of the Works (other than references to
the Intended Completion Date for the whole of the Works).
2.3 The following documents shall constitute the Contract documents and shall be
interpreted in the following order of priority;
2.3.1 Agreement,
2.3.2 Letter of Acceptance,
2.3.3 Contractor’s Tender,
2.3.4 Appendix to Conditions of Contract,
2.3.5 Conditions of Contract,
2.3.6 Specifications,
2.3.7 Drawings,
2.3.8 Bill of Quantities,
2.3.9 Any other documents listed in the Appendix to Conditions of Contract as
forming part of the Contract.
Immediately after the execution of the Contract, the Project Manager shall
furnish both the Employer and the Contractor with two copies each of all the
Contract documents. Further, as and when necessary the Project Manager shall
furnish the Contractor [always with a copy to the Employer] with three [3]
copies of such further drawings or details or descriptive schedules as are
reasonably necessary either to explain or amplify the Contract drawings or to
enable the Contractor to carry out and complete the Works in accordance with
these Conditions.
3. Language and Law
3.1 Language of the Contract and the law governing the Contract shall be English
language and the Laws of Kenya respectively.
4. Project Manager’s Decisions
4.1 Except where otherwise specifically stated, the Project Manager will decide contractual
matters between the Employer and the Contractor in the role representing the Employer.
5. Delegation
5.1 The Project Manager may delegate any of his duties and responsibilities to others after
notifying the Contractor.
6. Communications
6.1 Communication between parties shall be effective only when in writing. A notice shall
be effective only when it is delivered.
7. Sub-contracting
7.1 The Contractor may subcontract with the approval of the Project Manager, but may not
assign the Contract without the approval of the Employer in writing. Sub-contracting
shall not alter the Contractor’s obligations.
8. Other Contractors
8.1 The Contractor shall cooperate and share the Site with other contractors, public
authorities, utilities etc. as listed in the Appendix to Conditions of Contract and also
with the Employer, as per the directions of the Project Manager. The Contractor shall
also provide facilities and services for them. The Employer may modify the said List
of Other Contractors etc., and shall notify the Contractor of any such modification.
9. Personnel
9.1 The Contractor shall employ the key personnel named in the Qualification Information,
to carry out the functions stated in the said Information or other personnel approved by
the Project Manager. The Project Manager will approve any proposed replacement of
key personnel only if their relevant qualifications and abilities are substantially equal
to or better than those of the personnel listed in the Qualification Information. If the
Project Manager asks the Contractor to remove a person who is a member of the
Contractor’s staff or work force, stating the reasons, the Contractor shall ensure that
the person leaves the Site within seven (7) days and has no further connection with the
Work in the Contract.
10. Works
10.1 The Contractor shall construct and install the Works in accordance with the
Specifications and Drawings. The construction may commence on the Start Date and
shall be carried out in accordance with the Program submitted by the Contractor, as
updated with the approval of the Project Manager, and complete them by the Intended
Completion Date.
11. Safety and Temporary Works
11.1 The Contractor shall be responsible for the design of temporary works. However before
erecting the same, he shall submit his designs including specifications and drawings to the
Project Manager and to any other relevant third parties for their approval. No erection of
temporary works shall be done until such approvals are obtained.
11.2 The Project Manager’s approval shall not alter the Contractor’s responsibility for
design of the Temporary works and all drawings prepared by the Contractor for the
execution of the temporary or permanent Works, shall be subject to prior approval by
the Project Manager before they can be used.
11.3 The Contractor shall be responsible for the safety of all activities on the Site.
12. Discoveries
12.1 Anything of historical or other interest or of significant value unexpectedly discovered
on Site shall be the property of the Employer. The Contractor shall notify the Project
Manager of such discoveries and carry out the Project Manager’s instructions for
dealing with them.
13. Work Program
13.1 Within the time stated in the Appendix to Conditions of Contract, the Contractor shall
submit to the Project Manager for approval a program showing the general methods,
arrangements, order, and timing for all the activities in the construction. An update of
the program shall be a program showing the actual progress achieved on each activity
and the effect of the progress achieved on the timing of the remaining Work, including
any changes to the sequence of the activities.
The Contractor shall submit to the Project Manager for approval an updated program
at intervals no longer than the period stated in the Appendix to Conditions of Contract
. If the Contractor does not submit an updated program within this period, the Project
Manager may withhold the amount stated in the said Appendix from the next payment
certificate and continue to withhold this amount until t h e next payment after the date
on which the overdue program has been submitted. The Project Manager’s approval of
the program shall not alter the Contractor’s obligations. The Contractor may revise the
program and submit it to the Project Manager again at any time. A revised program
shall show the effect of Variations and Compensation Events.
14. Possession of Site
14.1 The Employer shall give possession of all parts of the Site to the Contractor. If
possession of a part is not given by the date stated in the Appendix to Conditions of
Contract, the Employer will be deemed to have delayed the start of the relevant
activities, and this will be a Compensation Event.
15. Access to Site
15.1 The Contractor shall allow the Project Manager and any other person authorised by the
Project Manager, access to the Site and to any place where work in connection with
the Contract is being carried out or is intended to be carried out.
16. Instructions
16.1 The Contractor shall carry out all instructions of the Project Manager which are in
accordance with the Contract.
17. Extension or Acceleration of Completion Date
17.1 The Project Manager shall extend the Intended Completion Date if a Compensation
Event occurs or a variation is issued which makes it impossible for completion to be
achieved by the Intended Completion Date without the Contractor taking steps to
accelerate the remaining Project Manager shall decide whether and by how much to
extend the Intended Completion Date within twenty one (21) days of the Contractor
asking the Project Manager in writing for a decision upon the effect of a Compensation
Event or variation and submitting full supporting information. If the Contractor has
failed to give early warning of a delay or has failed to cooperate in dealing with a
delay, the delay caused by such failure shall not be considered in assessing the new
(extended) Completion Date.
17.2 No bonus for early completion of the construction shall be paid to the Contractor by
the Employer.
18. Management Meetings
18.1 A Contract management meeting shall be held monthly and attended by the Project
Manager and the Contractor. Its business shall be to review the plans for the remaining
Work and to deal with matters raised in accordance with the early warning procedure.
The Project Manager shall record the minutes of management meetings and provide
copies of the same to those attending the meeting and the Employer. The responsibility
of the parties for actions to be taken shall be decided by the Project Manager either at
the management meeting or after the management meeting and stated in writing to all
who attended the meeting.
19. Early Warning
19.1 The Contractor shall warn the Project Manager at the earliest opportunity of specific
likely future events or circumstances that may adversely affect the quality of the Work,
increase the Contract Price or delay the execution of the Works. The Project Manager
may require the Contractor to provide an estimate of the expected effect of the future
event or circumstance on the Contract Price and Completion Date. The estimate shall
be provided by the Contractor as soon as reasonably possible.
19.2 The Contractor shall cooperate with the Project Manager in making and considering
proposals on how the effect of such an event or circumstance can be avoided or
reduced by anyone involved in the constrction and in carrying out any resulting
instructions of the Project Manager.
20. Defects
20.1 The Project Manager shall inspect the Contractor’s work and notify the Contractor of
any defects that are found. Such inspection shall not affect the Contractor’s
responsibilities. The Project Manager may instruct the Contractor to search for a defect
and to uncover and test any construction that the Project Manager considers may have
a defect. Should the defect be found, the cost of uncovering and making good shall be
borne by the Contractor, However, if there is no defect found, the cost of uncovering
and making good shall be treated as a variation and added to the Contract Price.
20.2 The Project Manager shall give notice to the Contractor of any defects before the end
of the Defects Liability Period, which begins at Completion, and is defined in the
Appendix to Conditions of Contract. The Defects Liability Period shall be
extended for as long as defects remain to be corrected.
20.3 Every time notice of a defect is given, the Contractor shall correct the notified defect
within the length of time specified by the Project Manager’s notice. If the Contractor
has not corrected a defect within the time specified in the Project Manager’s notice,
the Project Manager will assess the cost of having the defect corrected by other parties
and such cost shall be treated as a variation and be deducted from the Contract Price.
21. Bills of Quantities
21.1 The Bills of Quantities shall contain items for the construction, installation, testing and
commissioning of the Work to be done by the Contractor. The Contractor will be paid for
the quantity of the Work done at the rate in the Bills of Quantities for each item.
21.2 If the final quantity of the Work done differs from the quantity in the Bills of
Quantities for the particular item by more than twenty five (25) percent and provided
the change exceeds one (1) percent of the Initial Contract price, the Project Manager
shall adjust the rate to allow for the change.
21.3 If requested by the Project Manager, the Contractor shall provide the Project Manager
with a detailed cost breakdown of any rate in the Bills of Quantities.
22. Variations
22.1 All variations shall be included in updated programs produced by the Contractor.
22.2 The Contractor shall provide the Project Manager with a quotation for carrying out the
variations when requested to do so. The Project Manager shall assess the quotation,
which shall be given within seven (7) days of the request or within any longer period
as may be stated by the Project Manager and before the Variation is ordered.
22.3 If the work in the variation corresponds with an item description in the Bills of
Quantities and if in the opinion of the Project Manager, the quantity of work is not
above the limit stated in Clause 21.2 or the timing of its execution does not cause the
cost per unit of quantity to change, the rate in the Bills of Quantities shall be used to
calculate the value of the variation. If the cost per unit of quantity changes, or if the
nature or timing of the construction in the variation does not correspond with items in
the Bills of Quantities, the quotation by the Contractor shall be in the form of new
rates for the relevant items of Work.
22.4 If the Contractor’s quotation is unreasonable, the Project Manager may order the
variation and make a change to the Contract price, which shall be based on the Project
Manager’s own forecast of the effects of the variation on the Contractor’s costs.
22.5 If the Project Manager decides that the urgency of varying the Work would prevent a
quotation being given and considered without delaying the Work, no quotation shall be
given and the variation shall be treated as a Compensation Event.
22.6 The Contractor shall not be entitled to additional payment for costs that could have
been avoided by giving early warning.
22.7 When the Program is updated, the Contractor shall provide the Project Manager with
an updated cash flow forecast.
23. Payment Certificates, Currency of Payments and Advance Payments
23.1 The Contractor shall submit to the Project Manager monthly applications for payment
giving sufficient details of the Work done and materials on Site and the amounts
which the Contractor considers himself to be entitled to. The Project Manager shall
check the monthly application and certify the amount to be paid to the Contractor
within fourteen (14) days. The value of Work executed and payable shall be
determined by the Project Manager.
23.2 The value of Work executed shall comprise the value of the quantities of the items in
the Bills of Quantities completed; materials delivered on Site, variations and
compensation events. Such materials shall become the property of the Employer once
the Employer has paid the Contractor for their value. Thereafter, they shall not be
removed from Site without the Project Manager’s instructions except for use upon the
Works.
23.3 Payments shall be adjusted for deductions for retention. The Employer shall pay the Contractorthe am ounts cert ified by t he Proj ect M anager wit hin th i rty (30 ) day s of the date o f is s ue of each certificate. I fthe Em ploy er m akes a late paym ent, the C ontractor s hal l be paid s im ple interest on t he late pay m ent in the next pay m ent. In terest
calculated on the basis of number of days delayed at a rate three percentage points above the
Central Bank of Kenya’s average rate for base lending prevailing as of the first day the
payment becomes overdue.
23.4 If an amount certified is increased in a later certificate or as a result of an award by an
Arbitrator, the Contractor shall be paid interest upon the delayed payment as set out in
this clause. Interest shall be calculated from the date upon which the increased amount
would have been certified in the absence of dispute.
23.5 Items of the Works for which no rate or price has been entered in will not be paid for by the
Employer and shall be deemed covered by other rates and prices in the Contract.
23.6 The Contract Price shall be stated in Kenya Shillings. All payments to the Contractor
shall be made in Kenya Shillings and foreign currency in the proportion indicated in
the tender, or agreed prior to the execution of the Contract Agreement and indicated
therein. The rate of exchange for the calculation of the amount of foreign currency
payment shall be the rate of exchange indicated in the Appendix to Conditions of
Contract. If the Contractor indicated foreign currencies for payment other than the
currencies of the countries of origin of related goods and services the Employer
reserves the right to pay the equivalent at the time of payment in the currencies of the
countries of such goods and services. The Employer and the Project Manager shall be
notified promptly by the Contractor of an changes in the expected foreign currency
requirements of the Contractor during the execution of the Works as indicated in the
Schedule of Foreign Currency Requirements and the foreign and local currency
portions of the balance of the Contract Price shall then be amended by agreement
between Employer and the Contractor in order to reflect appropriately such changes.
23.7 In the event that an advance payment is granted, the following shall apply:-
23.7.1 On signature of the Contract, the Contractor shall at his request, and without
furnishing proof of expenditure, be entitled to an advance of ten (10) percent of
the original amount of the Contract. The advance shall not be subject to
retention money.
23.7.2 No advance payment may be made before the Contractor has submitted proof
of the establishment of deposit or a directly liable guarantee satisfactory to the
Employer in the amount of the advance payment. The guarantee shall be in the
same currency as the advance.
23.7.3 Reimbursement of the lump sum advance shall be made by deductions from the
Interim payments and where applicable from the balance owing to the
Contractor. Reimbursement shall begin when the amount of the sums due
under the Contract reaches twenty (20) percent of the original amount of the
Contract. It shall have been completed by the time eighty (80) percent of this
amount is reached.
The amount to be repaid by way of successive deductions shall be calculated by means of the
formula:
R= ( 1 − 11)
80 − 20
Where:
R = The amount to be reimbursed
A = The amount of the advance which has been granted
X1 = The amount of proposed cumulative payments as a percentage of the
Original amount of the Contract. This figure will exceed twenty (20) percent but not exceed eighty (80) percent
X11 = The amount of the previous cumulative payments as a percentage of the Original amount of the Contract. This figure will be below eighty (80) Percent but not less than twenty (20) percent.
23.7.4 With each reimbursement the counterpart of the directly liable guarantee may
be reduced accordingly.
24. Compensation Events
24.1 The following issues shall constitute Compensation Events:
24.1.1 The Employer does not give access to a part of the Site by the Site Possession
Date stated in the Appendix to Conditions of Contract.
24.1.2 The Employer modifies the List of Other Contractors, etc., in a way that affects
the Work of the Contractor under the Contract.
24.1.3 The Project Manager orders a delay or does not issue drawings, specifications
or instructions required for execution of the Works on time.
24.1.4 The Project Manager instructs the Contractor to uncover or to carry out
additional tests upon the Work, which is then found to have no defects.
24.1.5 The Project Manager unreasonably does not approve a subcontract to be let.
24.1.6 Ground conditions are substantially more adverse than could reasonably have
been assumed before issuance of the Letter of Acceptance from the
information issued to tenderers (including the Site investigation reports), from
information available publicly and from a visual inspection of the Site.
24.1.7 The Project Manager gives an instruction for dealing with an unforeseen
condition, caused by the Employer or additional work required for safety or
other reasons.
24.1.8 Other contractors, public authorities, utilities, or the Employer does not work
within the dates and other constraints stated in the Contract, and they cause
delay or extra cost to the Contractor.
24.1.9 The effects on the Contractor of any of the Employer’s risks.
24.1.10 The Project Manager unreasonably delays issuing a Certificate of Completion.
24.1.11Other compensation events described in the Contract or determined by the
Project Manager shall apply.
24.2 If a compensation event would cause additional cost or would prevent the construction
being completed before the Intended Completion Date, the Contract Price shall be
increased and/or the Intended Completion Date shall be extended. The Project
Manager shall decide whether and by how much the Contract Price shall be increased
and whether and by how much the Intended Completion Date shall be extended.
24.3 As soon as information demonstrating the effect of each compensation event upon the
Contractor’s forecast cost has been provided by the Contractor, it shall be assessed by
the Project Manager, and the Contract Price shall be adjusted accordingly. If the
Contractor’s forecast is deemed unreasonable, the Project Manager shall adjust the
Contract Price based on the Project Manager’s own forecast. The Project Manager will
assume that the Contractor will react competently and promptly to the event.
24.4 The Contractor shall not be entitled to compensation to the extent that the Employer’s
interests are adversely affected by the Contractor not having given early warning or
not having co-operated with the Project Manager.
24.5 Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in the
Appendix to Conditions of Contract.
24.6 The Contractor shall give written notice to the Project Manager of his intention to
make a claim within thirty (30) days after the event giving rise to the claim has first
arisen. The claim shall be submitted within thirty days thereafter.
Provided always that should the event giving rise to the claim of continuing effect, the
Contractor shall submit an interim claim within the said thirty (30) days and a final
claim within thirty (30) days of the end of the event giving rise to the claim.
25. Price Adjustment
25.1 The Project Manager shall adjust the Contract Price if taxes, duties and other levies are
changed between the date thirty (30) days before the submission of tenders for the
Contract and the date of Completion. The adjustment shall be the change in the
amount of tax payable by the Contractor.
25.2 The Contract Price shall be deemed to be based on exchange rates current at the date of
tender submission in calculating the cost to the Contractor of materials to be
specifically imported (by express provisions in the Contract Bills of Quantities or
Specifications) for permanent incorporation in the Works. Unless otherwise stated in
the Contract, if at any time during the period of the Contract exchange rates shall be
varied and this shall affect the cost to the Contractor of such materials, then the Project
Manager shall assess the net difference in the cost of such materials. Any amount from
time to time so assessed shall be added to or deducted from the Contract Price, as the
case may be.
25.3 Unless otherwise stated in the Contract, the Contract Price shall be deemed to have
been calculated in the manner set out below and in sub-clauses 25.4 and 25.5 and shall
be subject to adjustment in the events specified thereunder;
25.3.1 The prices contained in the Contract Bills of Quantities shall be deemed to be
based upon the rates of wages and other emoluments and expenses as
determined by the Joint Building Council of Kenya (J.B.C.) and set out in the
schedule of basic rates issued thirty (30) days before the date for submission of
tenders. A copy of the schedule used by the Contractor in his pricing shall be
attached in the Appendix to Conditions of Contract.
25.3.2 Upon J.B.C. determining that any of the said rates of wages or other
emoluments and expenses are increased or decreased, then the Contract Price
shall be increased or decreased by the amount assessed by the Project Manager
based upon the difference, expressed as a percentage, between the rate set out
in the schedule of basic rates issued thirty (30) days before the date for
submission of tenders and the rate published by the J.B.C. and applied to the
quantum of labour incorporated within the amount of Work remaining to be
executed at the date of publication of such increase or decrease.
25.3.3 No adjustment shall be made in respect of changes in the rates of wages and
other emoluments and expenses which occur after the date of Completion
except during such other period as may be granted as an extension of time
under clause 17.0 of these Conditions.
25.4 The prices contained in the Contract Bills of Quantities shall be deemed to be based
upon the basic prices of materials to be permanently incorporated in the Works as
determined by the J.B.C. and set out in the schedule of basic rates issued thirty (30)
days before the date for submission of tenders. A copy of the schedule used by the
Contractor in his pricing shall be attached in the Appendix to Conditions of Contract.
25.5 Upon the J.B.C. determining that any of the said basic prices are increased or
decreased then the Contract Price shall be increased or decreased by the amount to be
assessed by the Project Manager based upon the difference between the price set out in
the schedule of basic rates issued thirty (30) days before the date for submission of
tenders and the rate published by the J.B.C. and applied to the quantum of the relevant
materials which have not been taken into account in arriving at the amount of any
interim certificate under clause 23 of these Conditions issued before the date of
publication of such increase or decrease.
25.6 No adjustment shall be made in respect of changes in basic prices of materials which
occur after the date for Completion except during such other period as may be granted
as an extension of time under clause 17.0 of these Conditions.
25.7 The provisions of sub-clause 25.1 to 25.2 herein shall not apply in respect of any
materials included in the schedule of basic rates.
26. Retention
26.1 The Employer shall retain from each payment due to the Contractor the proportion
stated in the Appendix to Conditions of Contract until Completion of the whole of the
Works. On Completion of the whole of the Works, half the total amount retained shall
be repaid to the Contractor and the remaining half when the Defects Liability Period
has passed and the Project Manager has certified that all defects notified to the
Contractor before the end of this period have been corrected.
27. Liquidated Damages
27.1 The Contractor shall pay liquidated damages to the Employer at the rate stated in the
Appendix to Conditions of Contract for each day that the actual Completion Date is
later than the Intended Completion Date. The Employer may deduct liquidated
damages from payments due to the Contractor. Payment of liquidated damages shall
not alter the Contractor’s liabilities.
27.2 If the Intended Completion Date is extended after liquidated damages have been paid,
the Project Manager shall correct any overpayment of liquidated damages by the
Contractor by adjusting the next payment certificate. The Contractor shall be paid
interest on the overpayment, calculated from the date of payment to the date of
repayment, at the rate specified in Clause 23.30
28. Securities
28.1 The Performance Security shall be provided to the Employer no later than the date
specified in the Letter of Acceptance and shall be issued in an amount and form and by
a reputable bank acceptable to the Employer, and denominated in Kenya Shillings. The
Performance Security shall be valid until a date thirty (30) days beyond the date of
issue of the Certificate of Completion.
29. Day works
29.1 If applicable, the Day works rates in the Contractor’s tender shall be used for small
additional amounts of Work only when the Project Manager has given written
instructions in advance for additional work to be paid for in that way.
29.2 All work to be paid for as Day works shall be recorded by the Contractor on Forms
approved by the Project Manager. Each completed form shall be verified and signed
by the Project Manager within two (2) days of the Work being done.
29.3 The Contractor shall be paid for Day works subject to obtaining signed Day works
forms.
30. Liability and Insurance
30.1 From the Start Date until the Defects Correction Certificate has been issued, the
following are the Employer’s risks:
30.1.1 The risk of personal injury, death or loss of or damage to property (excluding
the Works, Plant, Materials and Equipment), which are due to;
30.1.2 Use or occupation of the Site by the Works or for the purpose of the Works,
which is the unavoidable result of the Works, or
30.1.3 Negligence, breach of statutory duty or interference with any legal right by the
Employer or by any person employed by or contracted to him except the
Contractor.
30.1.4 The risk o f damage to the Works, Plant, Materials, and Equipment to the extent
that it is due to a fault of the Employer or in Employer’s design, or due to war
or radioactive contamination directly affecting the place where the Works are
being executed.
30.2 From the Completion Date until the Defects Correction Certificate has been issued, the
risk of loss of or damage to the Works, Plant, and Materials is the Employer’s risk
except loss or damage due to;
30.2.1 A defect which existed on or before the Completion Date.
30.2.2 An event occurring before the Completion Date, which was not itself the
Employer’s risk
30.2.3 The activities of the Contractor on the Site after the Completion Date.
30.3 From the Start Date until the Defects Correction Certificate has been issued, the risks
of personal injury, death and loss of or damage to property (including, without
limitation, the Works, Plant, Materials, and Equipment) which are not Employer’s risk
are Contractor’s risks.
The Contractor shall provide, in the joint names of the Employer and the Contractor,
insurance cover from the Start Date to the end of the Defects Liability Period, in the
amounts stated in the Appendix to Conditions of Contract for the following events;
30.3.1 Loss of or damage to the Works, Plant, and Materials;
30.3.2 Loss of or damage to Equipment;
30.3.3 Loss of or damage to property (except the Works, Plant, Materials, and
Equipment) in connection with the Contract, and
30.3.4 Personal injury or death.
30.4 Policies and certificates for insurance shall be delivered by the Contractor to the Project
Manager for the Project Manager’s approval before the Start Date. All such insurance shall
provide for compensation required to rectify the loss or damage incurred.
30.5 If the Contractor does not provide any of the policies and certificates required, the
Employer may effect the insurance which the Contractor should have provided and
recover the premiums from payments otherwise due to the Contractor or, if no
payment is due, the payment of the premiums shall be a debt due.
30.6 Alterations to the terms of an insurance shall not be made without the approval of the
Project Manager. Both parties shall comply with any conditions of insurance policies.
31. Completion and taking over
31.1 Upon deciding that the Works are complete, the Contractor shall issue a written request
to the Project Manager to issue a Certificate of Completion of the Works. The
Employer shall take over the Site and the Works within seven (7) days of the Project
Manager’s issuing a Certificate of Completion.
32. Final Account
32.1 The Contractor shall issue the Project Manager with a detailed account of the total
amount that the Contractor considers payable to him by the Employer under the
Contract before the end of the Defects Liability Period. The Project Manager shall
issue a Defects Liability Certificate and certify any final payment that is due to the
Contractor within thirty (30) days of receiving the Contractor’s account if it is correct
and complete. If it is not, the Project Manager shall issue within thirty (30) days a
schedule that states the scope of the corrections or additions that are necessary. If the
final account is still unsatisfactory after it has been resubmitted, the Project Manager
shall decide on the amount payable to the Contractor and issue a Payment Certificate.
The Employer shall pay the Contractor the amount due in the Final Certificate within
sixty (60) days.
33. Termination
33.1 The Employer or the Contractor may terminate the Contract if the other party causes a
fundamental breach of the Contract. These fundamental breaches of Contract shall
include, but shall not be limited to, the following;
33.1.1 The Contractor stops work for thirty (30) days when no stoppage of work is
shown on the current program and the stoppage has not been authorized by the
Project Manager;
33.1.2 The Project Manager instructs the Contractor to delay the progress of the
Works, and the instruction is not withdrawn within thirty (30) days;
33.1.3 The Contractor is declared bankrupt or goes into liquidation other than for a
reconstruction or amalgamation;
33.1.4 A payment certified by the Project Manager is not paid by the Employer to the
Contractor within thirty (30) days (for Interim Certificate) or sixty (60) days
(for Final Certificate) of issue.
33.1.5 The Project Manager gives notice that failure to correct a particular defect is a
fundamental breach of Contract and the Contractor fails to correct it within a
reasonable period of time determined by the Project Manager;
33.1.6 The Contractor does not maintain a security, which is required.
33.2 When either party to the Contract gives notice of a breach of Contract to the Project
Manager for a cause other than those listed under Clause 33.1 above, the Project
Manager shall decide whether the breach is fundamental or not.
33.3 Notwithstanding the above, the Employer may terminate the Contract for convenience.
33.4 If the Contract is terminated, the Contractor shall stop construction immediately, make
the Site safe and secure, and leave the Site as soon as reasonably possible. The Project
Manager shall immediately thereafter arrange for a meeting for the purpose of taking
record of the Works executed and materials, goods, equipment and temporary
buildings on Site.
34. Payment upon Termination
34.1 If the Contract is terminated because of a fundamental breach of Contract by the
Contractor, the Project Manager shall issue a certificate for the value of the
construction done and materials ordered and delivered to Site up to the date of the
issue of the certificate. Additional liquidated damages shall not apply. If the total
amount due to the Employer exceeds any payment due to the Contractor, the
difference shall be a debt payable by the Contractor.
34.2 If the Contract is terminated for the Employer’s convenience or because of a
fundamental breach of Contract by the Employer, the Project Manager shall issue
a certificate for the value of the construction done, materials ordered, the reasonable
cost of removal of equipment, repatriation of the Contractor’s personnel employed
solely on the Works, and the Contractor’s costs of protecting and securing the Works.
34.3 The Employer may employ and pay other persons to carry out and complete the
construction and to rectify any defects and may enter upon the Works and use all
materials on the Site, plant, equipment and temporary works.
34.4 The Contractor shall, during the execution or after the completion of the construction
under this clause remove from the Site as and when required, within such reasonable
time as the Project Manager may in writing specify, any temporary
buildings, plant, machinery, appliances, goods or materials belonging to or hired by
him, and in default the Employer may (without being responsible for any loss or
damage) remove and sell any such property of the Contractor, holding the proceeds
less all costs incurred to the credit of the Contractor. Until after completion of the
Works under this clause the Employer shall not be bound by any other provision of
this Contract to make any payment to the Contractor, but upon such completion as
aforesaid and the verification within a reasonable time of the accounts therefore the
Project Manager shall certify the amount of expenses properly incurred by the
Employer and, if such amount added to the money paid to the Contractor before such
determination exceeds the total amount which would have been payable on due
completion in accordance with this Contract the difference shall be a debt payable to
the Employer by the Contractor; and if the said amount added to the said money be
less than the said total amount, the difference shall be a debt payable by the Employer
to the Contractor.
35. Release from Performance
35.1 If the Contract is frustrated by the outbreak of war or by any other event entirely
outside the control of either the Employer or the Contractor, the Project Manager shall
certify that the Contract has been frustrated. The Contractor shall make the Site safe
and stop Work as quickly as possible after receiving this certificate and shall be paid
for all Work carried out before receiving it.
36. Corrupt gifts and payments of commission
The Contractor shall not;
36.1 Offer or give or agree to give to any person in the service of the Employer any gift or
consideration of any kind as an inducement or reward for doing or forbearing to do or for
having done or forborne to do any act in relation to the obtaining or execution of this or any
other Contract for the Employer or for showing or forbearing to show favour or disfavour
to any person in relation to this or any other contract for the Employer.
36.2 Enter into this or any other contract with the Employer in connection with which
commission has been paid or agreed to be paid by him or on his behalf or to his
knowledge, unless before the Contract is made particulars of any such commission and
of the terms and conditions of any agreement for the payment thereof have been
disclosed in writing to the Employer.
Any breach of this Condition by the Contractor or by anyone employed by him or
acting on his behalf (whether with or without the knowledge of the Contractor) shall
be an offence under the provisions of the Public Procurement Regulations issued under
The Exchequer and Audit Act Cap 412 of the Laws of Kenya.
37. Settlement of Disputes
37.1 In case any dispute or difference shall arise between the Employer or the Project
Manager on his behalf and the Contractor, either during the progress or after the
completion or termination of the Works, such dispute shall be notified in writing by
either party to the other with a request to submit it to arbitration and to concur in the
appointment of an Arbitrator within thirty (30) days of the notice. The dispute shall be
referred to the arbitration and final decision of a person to be agreed between the
parties. Failing agreement to concur in the appointment of an Arbitrator, the Arbitrator
shall be appointed by the Chairman or Vice Chairman of any of the following
professional institutions;
37.1.1 Architectural Association of Kenya
37.1.2 Institute of Quantity Surveyors of Kenya
37.1.3 Association of Consulting Engineers of Kenya
37.1.4 Chartered Institute of Arbitrators (Kenya Branch)
37.1.5 Institution of Engineers of Kenya
On the request of the applying party. The institution written to first by the
aggrieved party shall take precedence over all other institutions.
37.2 The arbitration may be on the construction of this Contract or on any matter or thing of
whatsoever nature arising thereunder or in connection therewith, including any matter
or thing left by this Contract to the discretion of the Project Manager, or the
withholding by the Project Manager of any certificate to which the Contractor may
claim to be entitled to or the measurement and valuation referred to in clause 23.0 of
these conditions, or the rights and liabilities of the parties subsequent to the
termination of Contract.
37.3 Provided that no arbitration proceedings shall be commenced on any dispute or
difference where notice of a dispute or difference has not been given by the applying
party within ninety (90) days of the occurrence or discovery of the matter or issue
giving rise to the dispute.
37.4 Notwithstanding the issue of a notice as stated above, the arbitration of such a dispute
or difference shall not commence unless an attempt has in the first instance been made
by the parties to settle such dispute or difference amicably with or without the
assistance of third parties. Proof of such attempt shall be required.
37.5 Notwithstanding anything stated herein the following matters may be referred to
arbitration before the practical completion of the Works or abandonment of the Works
or termination of the Contract by either party:
37.5.1 The appointment of a replacement Project Manager upon the said person
ceasing to act.
37.5.2 Whether or not the issue of an instruction by the Project Manager is empowered
by these Conditions.
37.5.3 Whether or not a certificate has been improperly withheld or is not in
accordance with these Conditions.
37.5.4 Any dispute or difference arising in respect of war risks or war damage.
37.6 All other matters shall only be referred to arbitration after the completion or alleged
completion of the Works or termination or alleged termination of the Contract, unless
the Employer and the Contractor agree otherwise in writing.
37.7 The Arbitrator shall, without prejudice to the generality of his powers, have powers to
direct such measurements, computations, tests or valuations as may in his opinion be
desirable in order to determine the rights of the parties and assess and award any sums
which ought to have been the subject of or included in any certificate.
37.8 The Arbitrator shall, without prejudice to the generality of his powers, have powers to
open up, review and revise any certificate, opinion, decision, requirement or notice
and to determine all matters in dispute which shall be submitted to him in the same
manner as if no such certificate, opinion, decision requirement or notice had been
given.
37.9 The award of such Arbitrator shall be final and binding upon the parties.
SECTION IV - APPENDIX TO CONDITIONS OF CONTRACT
THE EMPLOYER IS
Name:
Address:
Name of Authorised Representative:
Telephone
Facsimile:
The Project Manager is
Name:
Address:
Telephone
Facsimile:
The name (and identification number) of the Contract is
The Works consist of
The Start Date shall be
The Intended Completion Date for the whole of the Works shall be
The following documents also form part of the Contract:
The Contractor shall submit a revised program for the Works within ________________ days
of delivery of the Letter of Acceptance.
The Site Possession Date shall be The
Site is located at and is defined in
drawings nos.
The Defects Liability period is days.
Other Contractors, utilities etc., to be engaged by the Employer on the Site
Include those for the execution of;
1.
2.
3.
4.
The minimum insurance covers shall be;
1. The minimum cover for insurance of the construction and of Plant and Materials in respect
of the Contractor’s faulty design is
2. The minimum cover for loss or damage to Equipment is
3. The minimum for insurance of other property is
4. The minimum cover for personal injury or death insurance
For the Contractor’s employees is
And for other people is
1.
2.
3.
4.
The period between Program updates is days.
The amount to be withheld for late submission of an updated Program is
The proportion of payments retained is percent. The
Price Adjustment Clause (shall/shall not) apply The
liquidated damages for the whole of the Works is Kshs. (per day) The
Performance Security shall be for the following minimum amounts equivalent as a percentage of
the Contract Price percent (%) The Completion
Period for the Works is [Weeks] The rate of exchange
for calculation of foreign currency payments is . The schedule of basic
rates used in pricing by the Contractor is as attached [Contractor to attach]. Advance Payment
shall/shall not be granted.
SECTION V – SPECIFICATIONS
ECDE CENTERS AT MWALA SUB COUNTY:
Kibauni: Kitile
Wamunyu: Nduluku
SECTION VI - DRAWINGS
2. The actual drawings including Site plans should be annexed in a separate booklet.
SECTION VIII - STANDARD FORMS
(i) Form of Invitation for Tenders
(ii) Form of Tender
(iii) Letter of Acceptance
(iv) Form of Agreement
(v) Form of Tender Security
(vi) Performance Bank Guarantee
(vii) Bank Guarantee for Advance Payment
(viii) Qualification Information
(ix) Tender Questionnaire
(x) Confidential Business Questionnaire
(xi) Statement of Foreign Currency Requirement
(xii) Details of Sub-Contractors
(xiii) Request for Review Form
FORM OF INVITATION FOR TENDERS
[date]
To: [name of Contractor]
[address]
Dear Sirs:
Reference: [Contract Name]
You have been prequalified to tender for the above project.
We hereby invite you and other prequalified tenderers to submit a tender for the execution
and completion of the above Contract.
A complete set of tender documents may be purchased by you from
[mailing address, cable/telex/facsimile numbers].
Upon payment of a non-refundable fee of Kshs
All tenders must be accompanied by number of copies of the same
and a security in the form and amount specified in the tendering documents, and must be delivered
to
[address and location] at or before
(time and date). Tenders will be opened immediately thereafter, in the presence of tenderers’
representatives who choose to attend.
Please confirm receipt of this letter immediately in writing by cable/facsimile or telex.
Yours faithfully,
Authorised Signature
Name and Title
FORM OF TENDER
TO: [Name of Employer) [Date]
[Name of Contract]
Dear Sir,
1. In accordance with the Conditions of Contract, Specifications, Drawings and the
above named Works, we, the undersigned offer to
construct, install and complete such Works and remedy any defects therein for the sum of
Kshs. [Amount in figures] Kenya Shillings
[Amount in words]
2. We undertake, if our tender is accepted, to commence the construction as soon as is
reasonably possible after the receipt of the Project Manager’s notice to commence,
and to complete the whole of the construction comprised in the Contract within the
time stated in the Appendix to Conditions of Contract.
3. We agree to abide by this tender until [Insert date], and it
shall remain binding upon us and may be accepted at any time before that date.
4. Unless and until a formal Agreement is prepared and executed this tender together
with your written acceptance thereof, shall constitute a binding Contract between us.
5. We understand that you are not bound to accept the lowest or any tender you may
receive.
Dated this day of 20
Signature in the capacity of
duly authorized to sign tenders for and on behalf of
[Name of Employer] of
[Address of Employer]
Witness; Name
Address
Signature
Date
LETTER OFACCEPTANCE
[Letterhead paper of the Employer]
[date]
To:
[name of the Contractor]
[address of the Contractor]
Dear Sir,
This is to notify you that your Tender dated
for the execution of
[name of the Contract and identification number,as given in the Tender documents for the Contract
Price of Kshs [amount in figures][Kenya
Shillings (amount in words)] in accordance with the
Instructions to Tenderers is hereby accepted.
You are hereby instructed to proceed with the execution of the said Works in accordance with
the Contract documents.
Authorized Signature
Name and Title of Signatory
Attachment: Agreement
FORM OF AGREEMENT
THIS AGREEMENT, made the day of 20
between of [or whose registered
office is situated at]
(hereinafter called “the Employer”) of the one part AND
of [or whose registered
office is situated at]
(hereinafter called “the Contractor”) of the other part.
WHEREAS THE Employer is desirous that the Contractor executes
(name and identification number of Contract) (hereinafter called “the Works”) located at
[Place/location of the Works]and the Employer has accepted the tender submitted by the Contractor
for the execution and completion of such Works and the remedying of any defects therein for the
Contract Price of Kshs [Amount in figures],Kenya Shillings
[Amount in words].
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 hereinafter referred to.
2. The following documents shall be deemed to form and shall be read and construed as part of this Agreement i.e.
2.1 Letter of Acceptance
2.2 Form of Tender
2.3 Conditions of Contract Part I
2.4 Conditions of Contract Part II and Appendix to Conditions of Contract
2.5 Specifications
2.6 Drawings
2.7 Priced Bills of Quantities
3. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity in all respects with the provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works 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 thereto have caused this Agreement to be executed the day
and year first before written.
The common Seal of
Was hereunto affixed in the presence of
Signed Sealed, and Delivered by the said
Binding Signature of Employer
Binding Signature of Contractor
In the presence of:
(i) Name
Address
Signature
(ii) Name
Address
Signature
FORM OF TENDER SECURITY
WHEREAS (hereinafter called “the Tenderer”) has
submitted his tender dated for the construction of
(name of Contract)
KNOW ALL PEOPLE by these presents that WE having our
registered office at (hereinafter called “the Bank”), are bound unto
(hereinafter called “the Employer”) in the sum of
Kshs. for which payment well and truly to be made to the said
Employer, the Bank binds itself, its successors and assigns by these presents sealed with the
Common Seal of the said Bank this Day of
20
THE CONDITIONS of this obligation are:
1. If after tender opening the tenderer withdraws his tender during the period of tender
validity specified in the instructions to tenderers
Or
2. If the tenderer, having been notified of the acceptance of his tender by the
Employer during the period of tender validity:
2.1 Fails or refuses to execute the form of Agreement in accordance with the Instructions
to Tenderers, if required; or
2.2 Fails or refuses to furnish the Performance Security, in accordance with the
Instructions to Tenderers;
We undertake to pay to the Employer up to the above amount upon receipt of his first written
demand, without the Employer having to substantiate his demand, provided that in his
demand the Employer will note that the amount claimed by him is due to him, owing to the
occurrence of one or both of the two conditions, specifying the occurred condition or
conditions.
This guarantee will remain in force up to and including thirty (30) days after the period of
tender validity, and any demand in respect thereof should reach the Bank not later than the
said date.
[Date] [Signature of the Bank]
[Witness] [Seal]
PERFORMANCE BANK GUARANTEE
To: [name of Employer] (Date)
[address of Employer]
Dear Sir,
WHEREAS (hereinafter called “the Contractor”) has
undertaken, in pursuance of Contract No. dated to execute
(hereinafter called “the Works”);
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall
furnish you with a Bank Guarantee by a recognised bank for the sum specified therein as
security for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee: NOW
THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf
of the Contractor, up to a total of Kshs. (amount of Guarantee in
figures) Kenya Shillings (amount of Guarantee in words), and we
undertake to pay you, upon your first written demand and without cavil or argument, any sum
or sums within the limit of Kenya Shillings (amount of
Guarantee in words) as aforesaid without your needing to prove or to show grounds or reasons
for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the
Contractor before presenting us with the demand.
We further agree that no change, addition or other modification of the terms of the Contract or
of the Works to be performed thereunder or of any of the Contract documents which may be
made between you and the Contractor shall in any way release us from any liability under this
Guarantee, and we hereby waive notice of any change, addition, or modification.
This guarantee shall be valid until the date of issue of the Certificate of Completion.
SIGNATURE AND SEAL OF THE GUARANTOR
Name of Bank
Address
Date
BANK GUARANTEE FOR ADVANCE PAYMENT
To: [name of Employer] (Date)
[address of Employer]
Gentlemen,
Ref [name of Contract]
In accordance with the provisions of the Conditions of Contract of the above- mentioned
Contract, We, [name and
Address of Contractor] (hereinafter called “the Contractor”) shall deposit with
[name of Employer] a bank guarantee to guarantee his
proper and faithful performance under the said Contract in an amount of Kshs.
[amount of Guarantee in figurers] Kenya Shillings
[amount of Guarantee in words].
We, [bank or financial institution], as instructed by the
Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not
as Surety merely, the payment to
[name o f Employer] on his
first demand without whatsoever right of objection on our part and without his first claim to
the Contractor, in the amount not exceeding Kshs [amount
of Guarantee in figures] Kenya Shillings
[amount of Guarantee
in words], such amount to be reduced periodically by the amounts recovered by you from the
proceeds of the Contract.
We further agree that no change or addition to or other modification of the terms of the
Contract or of the Works to be performed there under or of any of the Contract documents
which may be made between [name
of Employer] and the Contractor, shall in any way release us from any liability under this
guarantee, and we hereby waive notice of any such change, addition or modification.
No drawing may be made by you under this guarantee until we have received notice in
writing from you that an advance payment of the amount listed above has been paid to the
Contractor pursuant to the Contract.
This guarantee shall remain valid and in full effect from the date of the advance payment
under the Contract until
(name of Employer) receives full payment of the same amount from the Contract.
Yours faithfully,
Signature and Seal
Name of the Bank or financial institution
Address
Date
Witness: Name:
Address:
Signature:
Date:
QUALIFICATION INFORMATION
1. Individual Tenderers or Individual Members of Joint Ventures
1.1 Constitution or legal status of tenderer (attach copy or Incorporation Certificate);
Place of registration:
Principal place of business
Power of attorney of signatory of tender
1.2 Total annual volume of construction work performed in the last five (5) years
Year Volume
Currency Value
1.3 Qualifications and experience of key personnel proposed for administration and execution of the Contract. Attach biographical data.
Position Name Years of experience
(general)
Years of experience
in proposed position
Project Manager
1.4 Evidence of access to financial resources to meet the qualification requirements: cash
in hand, lines of credit, etc. List below and attach copies of supportive documents.
1.5 Name, address and telephone, telex and facsimile numbers of banks that may provide
reference if contacted by the Employer.
1.6 Statement of compliance with the requirements of Clause 1.2 of the Instructions to
Tenderers.
1.7 Proposed program (work method and schedule) for the whole of the Works.
2. Joint Ventures
2.1 The information listed in 1.1 – 1.10 above shall be provided for each partner of the
joint venture.
2.2 The information required in 1.11 above shall be provided for the joint venture.
2.3 Attach the power of attorney of the signatory(ies) of the tender authorizing signature
of the tender on behalf of the joint venture
2.4 Attach the Agreement among all partners of the joint venture (a n d which is legally
binding on all partners), which shows that:
2.4.1 All partners shall be jointly and severally liable for the execution of the
Contract in accordance with the Contract terms;
2.4.2 One of the partners will be nominated as being in charge, authorized to incur
liabilities and receive instructions for and on behalf of any and all partners of
the joint venture; and
2.4.3 The execution of the entire Contract, including payment, shall be done
exclusively with the partner in charge.
TENDER QUESTIONNAIRE
Please fill in block letters.
1. Full names of tenderer
2. Full address of tenderer to which tender correspondence is to be sent (unless an agent has been appointed below)
3. Telephone number (s) of tenderer
4. Telex address of tenderer
5. Name of tenderer’s representative to be contacted on matters of the tender during the tender period
6. Details of tenderer’s nominated agent (if any) to receive tender notices. This is essential if the tenderer does not have his registered address in Kenya (name, address, telephone, telex)
Signature of Tenderer
Make copy and deliver to: (Name of Employer)
CONFIDENTIAL BUSINESS QUESTIONNAIRE
You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or 2 (c)
and 2 (d) whichever applies to your type of business.
You are advised that it is a serious offence to give false information on this form
Part 1 General:
Business Name:
Contact Person: Cell Phone No.
Location of business premises; Country/Town
Plot No. Street/Road
Email address:
Postal Address Tel No.
Nature of Business
Current Trade License No. Expiring date:
Maximum value of business which you can handle at any one time: Ksh.
Name of your bankers:
Branch:
Part 2 (a) - Sole Proprietor
Your name in full:
Age:
Nationality:
Country of origin:
*Citizenship details:
Signature & Date: O rg
a n
iz a ti
o n
S ta
m p
Part 2 (b) – Partnership
Given details of partners as follows:
No. Name in full Nationality Citizenship Details Shares
1.
2.
3.
4.
Name & Signature of informant:
Date:
Part 2 (c) - Registered Company
Private or public
State the nominal and issued capital of the company:
Nominal Issued Ksh. Issued Ksh.
Give details of all directors as follows:
No. Name in full Nationality Citizenship Details Shares
1.
2.
3.
4.
Name & Signature of informant:
Date:
Part 2 (d) - Interest in the Firm:
Is there any person/persons in Government of Makueni County who has interest in this firm?
Yes/No (Delete as necessary)
I certify that the information given above is correct.
(Title) (Signature) (Date)
Attach proof of citizenship
O rg
a n iz
a ti
o n
S ta
m p
O
rg a n iz
a ti
o n
S ta
m p
STATEMENT OF FOREIGN CURRENCY REQUIREMENTS
(See Clause 23] of the Conditions of Contract)
In the event of our Tender for the execution of
(Name of Contract) being accepted, we would
require in accordance with Clause 21 of the Conditions of Contract, which is attached hereto,
the following percentage:
(Figures) (Words)
of the Contract Sum, (Less Fluctuations) to be paid in foreign currency.
Currency in which foreign exchange element is required:
Date: The Day of 20
Enter zero (0) percent if no payment will be made in foreign currency.
Maximum foreign currency requirement shall be (percent) of
the Contract Sum, less Fluctuations.
(Signature of Tenderer)
LETTER OF NOTIFICATION OF AWARD
Address of Procuring Entity
To:
RE: Tender No.
Tender Name:
This is to notify that the contract/s stated below under the above mentioned tender have been
awarded to you.
1. Please acknowledge receipt of this letter of notification signifying your acceptance.
2. The contract/contracts shall be signed by the parties within thirty (30) days of the date
of this letter but not earlier than fourteen (14) days from the date of the letter.
3. You may contact the officer(s) whose particulars appear below on the subject matter
of this letter of notification of award.
(FULL PARTICULARS)
SIGNED FOR ACCOUNTING OFFICER
FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD
APPLICATION NO OF 20
BETWEEN
APPLICANT
AND
RESPONDENT (Procuring Entity)
Request for review of the decision of the (Name of the Procuring Entity) of
dated the day of 20 in the matter of Tender No.
of 20
REQUEST FOR REVIEW
I/We , the above named Applicant(s), of address: Physical
address Fax No. Tel. No. Email , hereby request the
Public Procurement Administrative Review Board to review the whole/part of the above
mentioned decision on the following grounds, namely:-
1.
2.
etc.
By this memorandum, the Applicant requests the Board for an order/orders that:-
1.
2.
etc.
SIGNED (Applicant)
Dated on day of / 20
FOR OFFICIAL USE ONLY
Lodged with the Secretary Public Procurement Administrative Review Board on
day of 20
SIGNED
Board Secretary
REPUBLIC OF KENYA
COUNTY GOVERNMENT OF MACHAKOS
MINISTRY OF TRANSPORT, ROADS, PUBLIC WORKS
PROPOSED ECDE CLASSROOM FOR
THE MINISTRY OF EDUCATION, SKILLS TRAINING AND
SOCIAL WELFARE
MACHAKOS COUNTY
TENDER DOCUMENT
QUANTITY SURVEYOR
CHIEF OFFICER
MINISTRY OF TRANSPORT,
ROADS, PUBLIC WORKS AND
HOUSING P.O. Box 986-90100
MACHAKOS
MINISTRY OF TRANSPORT,
ROADS, PUBLIC WORKS AND
HOUSING P.O. Box 986-90100
MACHAKOS
APRIL 2019
BUILDERS WORKS
Proposed 1No. classroom
ITEM DESCRIPTION QTY UNIT RATE AMOUNT
(Kshs)
ELEMENT NO. 1
SUBSTRUCTURE WORKS (ALL PROVISIONAL)
Excavations
2. Clearing site of all bushes, shrubs, undergrowth and the
like; small trees not exceeding 600mm girth; disposing
arisings 80 SM
9. Excavation to reduced level commencing from ground
level 300mm deep and not exceeding 1500mm 120 SM
C Excavate for strip foundations not exceeding 1500 mm
deep commencing from reduced level 9 CM
D Extra over all excavations and earthworks for breaking
up rock where encountered 1 CM
2. Plank and strut to uphold sides of excavations: keep
excavations free from all fallen material Item
F Keep excavations free from ground and surface water
Item
G Load and cart away surplus excavated material from site 93 CM
H Return, fill and ram excavated material around 6 CM
Level surfaces
I Level and compact for strip foundation 10 SM
Hardcore filling
3. 300mm thick hardcore or other approved inert material:
well watered and compacted in 150 mm thick
(maximum) layers 73 SM
Carried to collection
page 1
Proposed 1No. classroom
ITEM DESCRIPTION QTY UNIT RATE AMOUNT
(Kshs)
A
B
C
D
E
F
G
H
I
J
K
Hardcore blinding
50 mm Thick approved lean mix blinding to surfaces of
hardcore 73 SM
Polythene underlay
Gauge 500 polythene underlay laid on hardcore blinding 73 SM
Antitermite treatment
Approved anti-termite treatment with 10years guarantee
73
SM
50mm thick mass concrete (1:4:8) in:-
Blinding under strip foundation 10 SM
Insitu reinforced concrete class 20/20: vibrated: in
Strip foundation 2 CM
150mm thick floor slab 80 SM
150mm thick Ramp 6 SM
Sawn formwork to:-
Sides: strip foundation 7 SM
Edges: slabs over 75 but not exceeding 150 mm girth 36 LM
Reinforcement (Remeasured)
High tensile square twisted steel bars to B.S. 4441
8mm dia bars 20 Kgs
10mm dia bars 31 Kgs
Carried to collection
page 2
Proposed 1No. classroom
ITEM DESCRIPTION QTY UNIT RATE AMOUNT
(Kshs)
A
B
C
D
E
Mesh fabric reinforcement to B.S 4483 and setting in
80
40
36
36
SM
SM
SM
SM
concrete with 300mm side and end laps (measured nett-
allow for laps
Fabric ref. A142 weighing 2.22kg/ sq.metre,in surface
bed.
Approved Natural Stonework; roughly squared; bedded
in cement and sand mortar (1:4); 25mm wide x 20
Gauge hoop iron strapping every alternate courses
200mm thick walls
Plinth Finishes
Render to plinth Finishes
12mm thick cement/ sand render
Paintwork
Prepare and apply threee coats of black bituminous
paint to plinth render
Carried to Collection
COLLECTION
From page 1
From page 2
From page 3 (above)
TOTAL FOR SUBSTRUCTURE CARRIED TO SUMMARY
page 3
Proposed 1No. classroom
ITEM DESCRIPTION QTY UNIT RATE AMOUNT
(Kshs)
A
B
C
D S
ELEMENT No. 2
1
52
60
10
CM
Kgs
Kgs
SM
REINFORCED CONCRETE (R.C) WORKS
Insitu reinforced concrete class 20/20: vibrated: in
Ring beams
Reinforcement (Remeasured)
High tensile, square twisted bar reinforcement to BS
4461
8mm dia bars
12mm dia bars
Sawn formwork as described to:-
ides of ring beam
TOTAL FOR R.C WORKS CARRIED TO SUMMARY
page 4
Proposed 1No. classroom
ITEM DESCRIPTION QTY UNIT RATE AMOUNT
(Kshs)
ELEMENT No. 3
WALLING
Dressed Natural stone jointed and bedded in cement and
sand mortar (1:4) as described in:-
A 2
00mm thick walls with and including 25x3mm thick
hoop iron strips every alternate course. 67 SM
Gable walls
B 2 00mm thick walls with and including 25x3mm thick
hoop iron strips every alternate course. 19 SM
Dump proof course
C 2 00mm wide "Pluvex" or other equal and approved
dumproof course laid and bedded in and including
cement and sand mortar (1:4) 32 LM
TOTAL FOR EXTERNAL WALLS CARRIED TO SUMMARY
page 5
Proposed 1No. classroom
ITEM DESCRIPTION QTY UNIT RATE AMOUNT
(Kshs)
ELEMENT No. 4
ROOF
ROOF STRUCTURE
All in sawn cypress: second grade: clean: treated with
approved wood preservative: including jointing and
connections as necessary
The following in Roof Support
A 1 50 x 50 mm Rafters 65 LM
B 1 50 x 50 mm Kingpost 12 LM
C 1 50 x 50 Tie beam 57 LM
D 1 00 x 50 Internal Members 78 LM
Common Members
E 5 0 x 50 mm purlins 115 LM
4. Ditto; Wall plate: fixed to concrete or masonry with
approved bolts at 1000 mm centres 36 LM
G G28 IT5 roofing sheets fixed to timber purlins with
approved nails
92
SM
H Ditto ridge caps 8 LM
Carried to collection
page 6
Proposed 1No. classroom
ITEM DESCRIPTION QTY UNIT
RATE AMOUNT
(Kshs)
RAINWATER GOODS
26 gauge, galvanised iron sheet with one coat red oxide primer before fixing
as described in:
A 150 x 200 mm box gutter, fixed to timber fascia (m.s.)
with approved straps
B Extra over ditto for 100 mm diameter nozzle outlet.
18 LM
2 NO
C Ditto, but for stopped ends 2 NO
D Ditto but for bend 2 NO
5. 100 mm diameter rain water down pipe fixed to masonry
with approved holderbats
11
LM
F Extra over ditto for swan-neck 2 NO
G Ditto, but for shoe
EAVES FINISHES
2 NO
Wrot cypress: prime grade
H 225 x 25 mm Fascia/barge board
Prepare and apply three coats gloss oil paint on:-
28 LM
I Surfaces of woodwork, 200 - 300 mm girth externally 28 LM
J External metal surfaces of large pipe 11 LM
K General metal surfaces of gutters 18 LM
L Extra for bend 2 NO
M Extra for shoe 2 NO
Carried to collection
page 7
Proposed 1No. classroom
ITEM DESCRIPTION QTY UNIT RATE AMOUNT
(Kshs)
COLLECTION
From page 6
From page 7
TOTAL FOR ROOF AND RAINWATER GOODS CARRIED TO SUMMARY
page 8
Proposed 1No. classroom
ITEM DESCRIPTION QTY UNIT
RATE AMOUNT
(Kshs)
ELEMENT NO. 5
WINDOWS
Casements
Steel casement windows purpose made primed steel complete in opening
and fixed lights complete with fasteners and stays ;steel lugs built into stone
work and complete with burglar proofing in 15 mm diamond patten solid
bars with cirular top to architects approval.
A Window size 1800 x 1500 mm high
B Ditto 2100 x 900 mm high
2 No.
2 No.
Glazing
C 4 mm thick clear sheet glass and glazing to metal with
metallic putty in different panes
12 SM
Painting
D Prepare and apply three coats of gloss oil paint to metal
surfaces of windows; internally
12 SM
E Ditto; externally 12 SM
TOTAL FOR WINDOWS CARRIED TO SUMMARY
page 9
Proposed 1No. classroom
ITEM DESCRIPTION QTY UNIT
RATE AMOUNT
(Kshs)
ELEMENT No. 6
DOORS
Metal Door
Supply and fix mild steel door complete with frames, stiles, rails and hinges;
Locking accessories; one coat of red oxide primer before fixing:-
A 50 mm thick single leaf door size 900 x 2400 mm high 1 No. 0
Ironmongery
B 38mm rubber door stops as described
Painting
C Prepare and apply three coats of gloss oil to metal surfaces
1 No. 0
4 SM
TOTAL FOR DOORS CARRIED TO SUMMARY
page 10
Proposed 1No. classroom
ITEM DESCRIPTION QTY UNIT RATE AMOUNT
(Kshs)
A E
ELEMENT NO. 7 FINISHES
WALL FINISHES
EXTERNAL
Key pointing
xtra over walling for horizontal recessed and flush
vertical key pointed joints in cement and sand (1:4)
mortar.
19mm thick render as described to:
ing beam masonry work
Paintwork
repare and apply three coats external plastic emulsion
paint to ring beam
INTERNAL
Gauged plaster 1:1:9 as described to:
Walls and concrete surfaces internally (walls and ring
beam)
Paintwork
repare and apply three coats plastic emulsion paint to
plastered surfaces.
67 SM
B R
29
SM
C P
29 SM
D
77 SM
E P
77 SM
Carried to collection
page 11
Proposed 1No. classroom
ITEM DESCRIPTION QTY UNIT RATE AMOUNT
(Kshs)
A 4
FLOOR FINISHES
Internal Finishes
Woodfloat cement and sand screed (1:4) in:
0mm thick screed trowelled smooth complete with red
oxide
73
SM
Carried to collection
COLLECTION
From page 11
From page 12 (above)
TOTAL FOR FINISHES CARRIED TO SUMMARY
page 12
Proposed 1No. classroom
ITEM DESCRIPTION QTY UNIT RATE AMOUNT
(Kshs)
3.
ELEMENT NO. 8
EXTERNAL WORKS
Paving slabs;-
600×600mm pre-cast concrete slabs including
excavating,carting away,levelling bottom,laying and
compacting 150mm murram bed,anti-termite treatment
and 50mm thick quarry dust blinding.
21
SM
TOTAL FOR EXTERNAL WORKS CARRIED TO SUMMARY
page 13
Proposed 1No. classroom
ITEM DESCRIPTION QTY UNIT RATE AMOUNT
(Kshs)
SUMMARY OF BUILDERS WORK
1 SUBSTRUCTURES
2
REINFORCED CONCRETE WORKS
3
WALLING
4
ROOFING
5
WINDOWS
6
DOORS
7
FINISHES
8
EXTERNAL WORKS
TOTAL CARRIED TO SUMMARY
page 14
P.C AND PROVISIONAL SUM
Proposed 2No. Classrooms at Kiatuni primary school
ITEM DESCRIPTION UNIT QTY RATE AMOUNT
A
B
B
E
PROVISIONAL AND PRIME COST SUMS
The Contractor shall include in his tender
the following to be deducted in whole or
in part as directed by the Project Manager
Allow a Provisinal Sum of Kenya Shillings Thirty
Thousand ( KES 30,000.00) only for Electrical
installation works to be deducted in whole or
in part as directed by the Project Manager
Sum
30,000.00
Allow a Provisional Sum of Kenya Shillings Six
Thousand (KES 6,000) for Chalk Boards
Sum
6,000.00
Allow a Provisional Sum of Kenya Shillings Twenty
Thousand (KES 20,000) for MDF Shelving
Sum
20,000.00
Project Management
Provide a Provisional sum of Kenya Shillings Fifty
thousand shillings for project mananger's, stationery, staff
transport and allowances
50,000.00
TOTAL CARRIED TO SUMMARY
106,000.00
Page 15
ITEM DESCRIPTION UNIT QTY RATE
GRAND SUMMARY
1
BUILDER'S WORKS
0
2
PROVISIONAL AND PRIME COST SUMS
106,000.00
TOTAL CONSTRUCTION COST