Tender Document
Tender Document
Tender Document
KETRACO/PT/009/2019
AUGUST 2019
FORM OF AGREEMENT........................................................................................................ 51
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SECTION I: INVITATION TO TENDER
DATE ___________________________
1.1 The Kenya Electricity Transmission Company invites sealed bids from eligible
bidders for the Supply and Installation of Prefabricated Containerized Living
Units for Substations
1.2 Interested eligible candidates may obtain further information from and inspect
the tender documents at the Kenya Electricity Transmission Company, Supply
Chain Management, Kawi Complex, Block B, Off Popo Road, Off Red Cross
Road, South C, 2nd Floor during normal working hours.
1.5 Prices quoted should be inclusive of all taxes and delivery costs, and must be in
Kenya Shillings (or any other easily convertible currency) and shall remain valid
for 120 days from the closing date of the tender.
1.7 Tenders will be opened immediately thereafter in the presence of the Candidates
or their representatives who choose to attend at the Kawi Complex on 2nd Floor,
Kawi Complex.
1. General
1.1 The Kenya Electricity Transmission Company invites tenders for Works
Contract as described in the tender documents. The successful Tenderer will
be expected to complete the Works by the Intended Completion Date specified
in the said Appendix.
1.2 Tenderers shall include the following information and documents with their
tenders, unless otherwise stated:
1.3 The Tenderer shall bear all costs associated with the preparation and
submission of his tender, and KETRACO will in no case be responsible or
liable for those costs.
1.4 The Tenderer, at the Tenderer’s own responsibility and risk, is encouraged to
visit and examine the Site of the Works 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.
1.5 The procurement entity’s employees, committee members, board members and
their relative (spouse and children) are not eligible to participate in the tender.
1.7 The procuring entity shall allow the tenderer to review the tender document
free of charge before purchase.
1.8 There shall be a pre – bid meeting to be held on 3rd September 2019 and
thereafter a Site visit to selected sites.
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2. Tender Documents
2.1 The complete set of tender documents comprises the documents listed here
below and any addenda issued in accordance with clause 2.4 here below: -
2.2 The Tenderer shall examine all instructions, forms and specifications in the
tender documents. Failure to furnish all information required by the tender
documents may result in rejection of his tender.
2.4 Before the deadline for submission of tenders, KETRACO 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 KETRACO.
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: -
(a) The Tender;
3.3 The Tenderer shall fill in rates and prices for all items of the Works described
in the Bill of Quantities/Schedule of Rates. 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/Schedule of Rates. All duties, taxes and other levies payable by the
Contractor under the Contract, as of 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 any
adjustment during the performance of the Contract.
3.6 Tenders shall remain valid for a period of One Twenty (120) days from the date
of submission. However, in exceptional circumstances, KETRACO 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.
3.7 The Tenderer shall prepare one original and one copy of the documents
comprising the tender documents as described in these Instructions to
Tenderers.
3.8 The original 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. All pages
of the tender where alterations or additions have been made shall be initialed
by the person or persons signing the tender.
3.10 The procuring entity shall reply to any clarifications sought by the tenderer
within 3 days of receiving the request to enable the tenderer to make timely
submission of its tender.
4. Submission of Tenders
(b) bear the name and identification number of the Contract as defined
in the invitation to tender; and
(c) provide a warning not to open before the specified time and date for
tender opening.
4.2 Tenders shall be delivered to KETRACO at the address specified above not
later than the time and date specified in the invitation to tender.
4.3 The tenderer shall not submit any alternative offers unless they are specifically
required in the tender documents.
Only one tender may be submitted by each tenderer. Any tenderer who fails to
comply with this requirement will be disqualified.
4.4 Any tender received after the deadline for opening tenders will be returned to
the tenderer un-opened.
4.5 KETRACO 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 KETRACO and the Tenderers previously subject to the original
deadline will then be subject to the new deadline.
5.1 The tenders will be opened in the presence of the Tenderers’ representatives
who choose to attend at the time and in the place specified in the invitation to
tender.
5.2 The Tenderers’ names, the total amount of each tender and such other details
as may be considered appropriate, will be announced at the opening by
KETRACO. Minutes of the tender opening, including the information disclosed
to those present will also be prepared by KETRACO.
(a) where there is a discrepancy between the amount in figures and the
amount in words, the amount in words will prevail; and
(b) where there is a discrepancy between the unit rate and the line item
total resulting from multiplying the unit rate by the quantity, the unit
rate as quoted will prevail, unless in the
opinion of KETRACO’s representative, there is an obvious
typographical error, in which case the adjustment will be made to the
entry containing that error.
(c) In the event of a discrepancy between the tender amount as stated in the
Form of Tender and the corrected tender figure in the main summary of
the Bill of Quantities/Quotation, the amount as stated in the Form of
Tender shall prevail.
(e) The Error Correction Factor shall be applied to all Builder’s Work (as a
rebate or addition as the case may be) for the purposes of valuations for
Interim Certificates and valuation of variations.
(f) The amount stated in the tender will be adjusted in accordance with the
above procedure for the correction of errors and with concurrence of the
Tenderer, shall be considered as binding upon the Tenderer. If the
Tenderer does not accept the corrected amount, the tender may be
rejected and the Tender Security forfeited.
5.5 The tender evaluation committee shall evaluate the tender within 30 days of
the validity period from the date of opening the tender.
5.6 Contract price variations shall not be allowed for contracts not exceeding one
year (12 months)
5.7 Where contract price variation is allowed, the valuation shall not exceed 15% of
the original contract price.
5.8 Price variation requests shall be processed by the procuring entity within 30
days of receiving the request.
5.9 Preference where allowed in the evaluation of tenders shall not exceed 15%
5.11 The Tenderer shall not influence KETRACO 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 KETRACO or his employees in his
decision on tender evaluation, tender comparison or Contract award may
result in the rejection of the tender.
6. Award of Contract
6.1 The award of the Contract will be made to the Tenderer who has offered the
lowest evaluated tender price.
6.2 Notwithstanding the provisions of clause 6.1 above, KETRACO reserves the
right to accept or reject any tender and to cancel the tendering process and
reject all tenders at any time prior to the award
of Contract without thereby incurring any liability to the affected Tenderer or
Tenderers or any obligation to inform the affected Tenderer or Tenderers of the
grounds for the action.
6.3 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” which KETRACO will pay the
Contractor in consideration of the execution, completion, and maintenance of
the Works by the Contractor as prescribed by the Contract. The contract shall
be formed on the parties signing the contract. At the same time the other
tenderers shall be informed that their tenders have not been successful.
6.4 The Contract Agreement will incorporate all agreements between KETRACO
and the successful Tenderer. It will be signed by KETRACO and sent to the
successful Tenderer, within 30 days following the notification of award.
Within 21 days of receipt, the successful Tenderer will sign the Agreement and
return it to KETRACO.
6.5 Within 21 days after receipt of the Letter of Acceptance, the successful
Tenderer shall deliver to KETRACO a Performance Security amount stipulated
in the Appendix to Conditions of Contract.
6.6 The parties to the contract shall have it signed within 30 days from the date of
notification of contract award unless there is an administrative review request.
6.7 The procuring entity may at any time terminate procurement proceedings
before contract award and shall not be liable to any person for the termination.
6.8 The procuring entity shall give prompt notice of the termination to the
tenderers and on request give its reasons for termination within 14 days of
receiving the request from any tenderer.
7.2 The procuring entity will reject a tender if it determines that the tenderer
recommended for award has engaged in corrupt and fraudulent practices in
competing for the contract in question.
7.3 Further a tenderer who is found to have indulged in corrupt and fraudulent
practices risks being debarred from participating in public procurement in
Kenya.
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;
“Schedule of Rates” means the priced Schedule of Rates forming part of the
tender [where applicable].
“The Contract” means the agreement entered into by KETRACO and the
Contractor as recorded in the Agreement Form and signed by the parties.
“The Contractor” refers to the person or corporate body whose tender to carry
out the Works has been accepted by KETRACO.
“A Defect” is any part of the Works not completed in accordance with the
Contract.
“Start Date” is the date when the Contractor shall commence execution of the
Works.
“The Works” are what the Contract requires the Contractor to construct,
install, and turnover to KETRACO.
2. Contract Documents
2.1 The following documents shall constitute the Contract documents and shall be
interpreted in the following order of priority;
(1) Agreement,
(2) Letter of Acceptance,
(3) Contractor’s Tender,
(4) Conditions of Contract,
(5) Specifications,
(6) Drawings,
(7) Bills of Quantities or Schedule of Rates [whichever is applicable)
4.2 The ruling language of the Contract shall be English language and the law
governing the Contract shall be the law of the Republic of Kenya.
5.1 The Contractor shall be responsible for design of temporary works and shall
obtain approval of third parties to the design of the temporary works where
required.
5.2 The Contractor shall be responsible for the safety of all activities on the Site.
6.1 Within seven days after Site possession date, the Contractor shall submit to
KETRACO’s Representative for approval a program showing the general
methods, arrangements, order and timing for all the activities in the Works.
6.2 The Contractor may sub-contract the Works (but only to a maximum of 25
percent of the Contract Price) with the approval of KETRACO’s
Representative. However, he shall not assign the Contract without the
approval of KETRACO in writing. Sub-contracting shall not alter the
Contractor’s obligations.
7 The site
7.1 KETRACO shall give possession of all parts of the Site to the Contractor.
7.2 The Contractor shall allow KETRACO’s Representative and any other person
authorized by KETRACO’s Representative, 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.
8 Instructions
8.1 The Contractor shall carry out all instructions of KETRACO’s Representative
which are in accordance with the Contract.
9 Extension of Completion Date
9.2 For the purposes of this clause, the following occurrences shall be valid for
consideration;
Delay by: -
(a) force majeure, or
(c) reason of civil commotion, strike or lockout affecting any of the trades
employed upon the Works or any of the trades engaged in the
preparation, manufacture or transportation of any of the goods or
materials required for the Works, or
(e) reason of the contractor not having received in due time necessary
instructions, drawings, details or levels from KETRACO’s
Representative for which he specifically applied in writing on a date
which having regard to the date for Completion stated in the appendix
to these Conditions or to any extension of time then fixed under this
clause was neither unreasonably distant from nor unreasonably close to
the date on which it was necessary for him to receive the same, or
10 Management Meetings
11 Defects
11.1 KETRACO’s Representative 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. KETRACO’s Representative may instruct the
Contractor to search for a defect and to uncover and test any Work that
KETRACO’s Representative 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.
11.2 KETRACO’s Representative 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.
11.3 Every time notice of a defect is given, the Contractor shall correct the notified
defect within the length of time specified by KETRACO’s Representative’s
notice. If the Contractor has not corrected a defect within the time specified in
KETRACO’s Representative’s notice, KETRACO’s Representative 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.
12.1 The Bills of Quantities/Schedule of Rates 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 rates in the Bills of Quantities/Schedule of Rates for each item.
Items against which no rate is entered by the Tenderer will not be paid for
when executed and shall be deemed covered by the rates for other items in the
Bills of Quantities/Schedule of Rates.
12.2 Where Bills of Quantities do not form part of the Contract, the Contract Price
shall be a lump sum (which shall be deemed to have been based on the rates in
the Schedule of Rates forming part of the tender) and shall be subject to re-
measurement after each stage.
13 Variations
13.1 The Contractor shall provide KETRACO’s Representative with a quotation for
carrying out the variations when requested to do so. KETRACO’s
Representative shall assess the quotation and shall obtain the necessary
authority from KETRACO before the variation is ordered.
13.2 If the Work in the variation corresponds with an item description in the Bill of
Quantities/Schedule of Rates, the rate in the Bill of Quantities/Schedule of
Rates shall be used to calculate the value of the variation. If the nature of the
Work in the variation does not correspond with items in the Bill of
Quantities/Schedule of Rates, the quotation by the Contractor shall be in the
form of new rates for the relevant items of Work.
14.1 The Contractor shall be paid after each of the following stages of Work listed
here below (subject to re-measurement by KETRACO’s
Representative of the Work done in each stage before payment is made). In
case of lump-sum Contracts, the valuation for each stage shall be based on the
quantities so obtained in the re-measurement and the rates in the Schedule of
Rates.
14.2 Upon deciding that Works included in a particular stage are complete, the
Contractor shall submit to KETRACO’s Representative his application for
payment. KETRACO’s Representative shall check, adjust if necessary and
certify the amount to be paid to the Contractor within 21 days of receipt of the
Contractor’s application. KETRACO shall pay the Contractor the amounts so
certified within 30 days of the date of issue of each Interim Certificate.
14.3 The Contractor shall supply KETRACO’s Representative with a detailed final
account of the total amount that the Contractor considers payable under the
Contract before the end of the Defects Liability Period. KETRACO’s
Representative shall issue a Defect Liability Certificate and certify any final
payment that is due to the Contractor within 30 days of receiving the
Contractor’s account if it is correct and complete. If it is not, KETRACO’s
Representative shall issue within 21 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, KETRACO’s Representative shall
decide on the amount payable to the Contractor and issue a Final Payment
Certificate. KETRACO shall pay the Contractor the amount so certified within
60 days of the issue of the Final Payment Certificate.
14.4 If the period laid down for payment to the Contractor upon each of
KETRACO’s Representative’s Certificate by KETRACO has been exceeded, the
Contractor shall be entitled to claim simple interest calculated pro-rata on the
basis of the number of days delayed at the
Central Bank of Kenya’s average base lending rate prevailing on the first day
the payment becomes overdue. The Contractor will be required to notify
KETRACO within 15 days of receipt of delayed payments of his intentions to
claim interest.
15. Insurance
15.1 The Contractor shall be responsible for and shall take out appropriate cover
against, among other risks, personal injury; loss of or damage to
the Works, materials and plant; and loss of or damage to property.
16.1 The Contractor shall pay liquidated damages to KETRACO at the rate 0.001 per
cent of the Contract price per day for each day that the actual Completion Date
is later than the Intended Completion Date except in the case of any of the
occurrences listed under clause 9.2. KETRACO may deduct liquidated
damages from payments due to the Contractor. Payment of liquidated
damages shall not affect the Contractor’s liabilities.
17.1 Upon deciding that the Work is complete the Contractor shall request
KETRACO’s Representative to issue a Certificate of Completion of the Works,
upon deciding that the Work is completed.
KETRACO shall take over the Site and the Works within seven days of
KETRACO’s Representative issuing a Certificate of Completion.
18. Termination
18.1 KETRACO 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;
(a) the Contractor stops Work for 30 days continuously without reasonable
cause or authority from KETRACO’s Representative;
(b) the Contractor is declared bankrupt or goes into liquidation other than
for a reconstruction or amalgamation;
18.2 If the Contract is terminated, the Contractor shall stop Work immediately, and
leave the Site as soon as reasonably possible. KETRACO’s Representative 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.
19.1 KETRACO may employ and pay other persons to carry out and complete the
Works and to rectify any defects and may enter upon the Works and use all
materials on Site, plant, equipment and temporary works.
19.2 The Contractor shall, during the execution or after the completion of the Works
under this clause, remove from the Site as and when required within such
reasonable time as KETRACO’s Representative may in writing specify, any
temporary buildings, plant,
machinery, appliances, goods or materials belonging to him, and in default
thereof, KETRACO 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.
19.3 Until after completion of the Works under this clause, KETRACO 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 therefor KETRACO’s Representative shall certify the amount of expenses
properly incurred by KETRACO 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 KETRACO 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 KETRACO to the Contractor.
20. Corrupt Gifts and Payments of Commission
(a) Offer or give or agree to give to any person in the service of KETRACO
any gifts 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 with
KETRACO or for showing or forbearing to show favour or disfavour to
any person in relation to this or any other contract with KETRACO.
21.1 Any dispute arising out of the Contract which cannot be amicably
settled between the parties shall be referred by either party 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 of the
Chartered Institute of Arbitrators, Kenya branch, on the request of the
applying party.
APPENDIX TO CONDITIONS OF CONTRACT
KETRACO IS
Name: _________________________________________________________________________
Address: _______________________________________________________________________
Title;________________________________________________
Telephone: __________________________
_________________________________________________________________________________
The Intended Completion Date for the whole of the Works shall be
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
The name and Address of KETRACO for the purposes of submission of tenders
is…………………………………………………………………………………………………………
………………………………………………………………………………………………………
The tender opening date and time is…………………………(insert tender opening time) on
……………… day of …………(insert date of tender opening)
The amount of performance security is Kshs………………………(Note: KETRACO must
select the form of performance security to be accepted. A bank guarantee of between five (5)
and ten (10) percent is acceptable. A performance bond on the other hand from an insurance
company may be of up to thirty (30) percent of the Contract Price).
Evaluation Criteria
The tender document submitted will be evaluated in three (3) stages; - General Mandatory,
Technical Capacity and Financial. The evaluation process will be in stages as follows: -
1. General Mandatory –Pass/Fail
2. Technical Capacity Evaluation – Substantially responsive
3. Financial – Lowest Cost Evaluated bidder
A. Mandatory Evaluation
The bids shall undergo a general pre-qualification process in order to determine bid
compliance to the following mandatory requirements. Tenderers are required to comply to
the following requirements, failure to which the firm shall not proceed with the next stage of
evaluation: -
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B. Technical Evaluation
C. Financial Evaluation
The bids that qualify at the Technical Capacity evaluation stage will be subjected to
financial evaluation to determine the winner. The lowest evaluated bidder will be
considered for award of tender.
The format for financial proposal should is as shown below.
Note:
i. Bids with arithmetic errors shall be disqualified at the financial evaluation
stage.
ii. The tender sum as submitted and read out during the tender opening shall be
absolute and final and shall not be the subject of correction, adjustment or
amendment in any way (PPADA, Section 82)
The tender sum should be detailed, comprising of the unit and the total cost of all BQs
inclusive of applicable taxes.
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SECTION IV – SPECIFICATIONS, DRAWINGS AND BILLS OF
QUANTITIES/SCHEDULE OF RATES
I. SPECIFICATIONS
TYPE A
General Specifications
Should have metal framework and metal cladding externally treated against
oxidation customized from a 20ft ISO shipping container with insulation on floor,
sides and roof.
The container shall be partitioned into two independent (non-connecting) rooms
each fitted with an external door to each unit to form a bedsitter unit.
The external doors shall be made of the same material as the exterior wall panels
and will be supplied with a chrome plated 3 lever mortise lock. Door size will be
960mm (w) x 2000mm (h).
Windows should be horizontal sliding aluminum windows fitted with glass and
having burglar proof bars.
Electrical wiring to be done for 240V a.c, with all wiring fitted in PVC conduits and
should have an LED lighting fitting, switch, 13-amp twin socket plugs fitted.
Wall mounted Electrical Fan with 900mm sweep.
A common DB with appropriate circuit breakers for the individual units shall be
fitted for electrical protection.
The accommodation structure should have the ability to withstand extreme
conditions and should be constructed to facilitate easy transportation on a flatbed
truck
Construction should provide for placing on a flat level firm surface or pedestal and
should be ready for connection to external services
Each room to have a bed with a rail provision for hanging of clothing items.
TYPE B
General Specifications
Should have metal framework and metal cladding externally treated against
oxidation customized from a 40ft ISO shipping container with insulation on floor,
sides and roof.
The container shall be partitioned into four independent (non-connecting) rooms
each fitted with an external door to each unit to form a bedsitter unit.
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The external doors shall be made of the same material as the exterior wall panels
and will be supplied with a chrome plated 3 lever mortise lock. Door size will be
960mm (w) x 2000mm (h).
Windows should be horizontal sliding aluminum windows fitted with glass and
having burglar proof bars.
Electrical wiring to be done for 240V a.c, with all wiring fitted in PVC conduits and
should have an LED lighting fitting, switch, 13-amp twin socket plugs fitted.
Wall mounted Electrical Fan with 900mm sweep.
A common DB with appropriate circuit breakers for the individual units shall be
fitted for electrical protection.
The accommodation structure should have the ability to withstand extreme
conditions and should be constructed to facilitate easy transportation on a flatbed
truck
Construction should provide for placing on a flat level firm surface or pedestal and
should be ready for connection to external services
Each room to have a bed with a rail provision for hanging of clothing items.
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2.0 SCOPE OF WORKS
Mobilization
Allow for the preliminary works including; setting up contractor's site facilities; temporary
access to site; mobilization of all necessary equipment, tools and manpower.
Site clearance
Clear site of all bushes, shrubs, grass and remove all roots; Remove top soil to maximum
depth as directed by the Engineer. The site should be prepared and compacted in readiness
for installation of the units.
Earthworks
Concrete works
Provide 50mm thick Concrete Class 15/20 (1:3:6) blinding in bases and foundation trenches
Provide and place well vibrated Class 20/20 concrete for strip footing 150 mm x 450 mm
and bases
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Soil sterilization
“DRAGNET ‘FT’ or similar approved anti-termite solution applied strictly in Accordance
with the manufacturer’s instructions, specifications and construction standards
Damp Proof Membrane
Single layer of 500-gauge polythene sheeting laid on blinded hardcore with 150mm laps to
receive concrete (m.s)
Reinforcement
High yield mild steel reinforcement bars including cutting, bending, spacers, tying wire
and fixing to BS 4449 (12mm, 10mm); Fabric mesh reinforcement BS 4483, Reference A142
mesh
Supply and lay 200 mm thick natural non-absorbent stone blocks sub-structure walling
bedded in c/s mortar
STEEL WORKS
Containers
Supply fabricate and install to position as directed on site ,40 ft container 'TYPE B' with
gypsum plaster board walls with approved insulation supported by wooden studs, white
acoustic ceiling roof with aluminum strips and recessed 2ft by 2ft lighting and 1500 x
900mm aluminum sliding windows including
Hoisting and placing atop of concrete floor slab, using a reach stacker, approved forklift or
a truck fitted with container hoisting equipment standard 40 x8 x8ft container as will be
directed on site.
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Doors
Standard steel door complete with iron mongery 900mm x 2100mm complete for external
doors fitted with mortice lock and handle
Standard timber door 900mm x 2100mm complete with frame and fixtures fitted with
mortice lock and handle
Windows
Supply, assemble and fix the 1500mm by 900mm purpose made aluminum sliding
window, including 4mm thick glass glazing secured to framing using approved rubber
glazing strips and steel beading; framing and frames all around at corners including
reinforcing cleats, fixing with steel screws; plugging and fixing to joints, sealing with
mastic oiling and adjusting on completion and all necessary ironmongery such as hinged,
locking devices such as window fasteners, stay locks, bolts, sliding tracks all to Engineer’s
approval Size. All sharp edges to be sanded out
Flooring
Ceramic floor tiles on top of the blockboard timber floor with 100mm skirting with
appropriate adhesive, 15mm rich cement mortar (1:2) emended with 1” chicken mesh
ROOF WORKS
“Welding” is deemed to be in accordance with the specification and for the material to
which it is to be used. Gusset plates, shoe plates, ends, caps, cleats, brackets, stiffeners,
bolts, etc., have been included to the rate of the associated steel work
After fabrication wire brushed to clean all steels surfaces and spray painted with two coats
of quick drying metal primer zinc phosphate & two coats of matt anti corrosive with
necessary accessories. Truss spacing’s should be as shown on drawings Drive way roof
Supply and fix roof truss (spaced at 800 mm) which are made of 25mm x 25mmx 4mm
square hollow sections box iron king post as shown in detail drawing and in reference with
BS standards.
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II BILL OF QUANTITIES/SCHEDULE OF RATES
TYPE A
CONTAINERISED UNITS BILL NO 1
Item No. Description Unit Quantity Rate Amount
1 PRELIMINARIES
Allow for provision of all applicable
licenses, permits and laws including
1.1 Item 1
but not limited to County Govt NEMA,
NCA, inclusive of hording site
32
Item No. Description Unit Quantity Rate Amount
Provide and place well vibrated Class
2.4 20/20 concrete for strip footing 150 m3 24
mm x 450 mm and bases
33
Item No. Description Unit Quantity Rate Amount
Supply fabricate and install to
position as directed on site ,20 ft
container 'TYPE A'with gypsum plaster
board walls with approved insulation
supported by wooden studs, white No 1
acoustic ceiling roof with aluminum
strips and recessed 2ft by 2ft lighting
and 1500 x 900mm aluminum sliding
windows including
Hoisting and placing atop of concrete
floor slab, using a reach stacker,
approved forklift or a truck fitted with
B No. 1
container hoisting equipment standard
20 ft container as will be directed on
site.
4.1 Doors
Standard steel door complete with
iron mongery 900mm x 2100mm
4.1.1 No. 2
complete for external doors fitted with
mortice lock and handle
5 Windows
Supply, assemble and fix the 1500mm
by 900mm purpose made aluminum
sliding window, including 4mm thick
glass glazing secured to framing using
approved rubber glazing strips and
steel beading; framing and frames all
around at corners including reinforcing
cleats, fixing with steel screws;
5.1 No. 4
plugging and fixing to joints, sealing
with mastic oiling and adjusting on
completion and all necessary
ironmongery such as hinged, locking
devices such as window fasteners, stay
locks, bolts, sliding tracks all to
Engineer’s approval Size. All sharp
edges to be sanded out
6 Flooring
Ceramic floor tiles on top of the
blockboard timber floor with 100mm
6.1 skirting with appropriate adhesive, m2 48.0
15mm rich cement mortar (1:2)
emended with 1” chicken mesh
7 ROOF WORKS
34
Item No. Description Unit Quantity Rate Amount
“Welding” is deemed to be in
accordance with the specification and
for the material to which it is to be
A used. Gusset plates, shoe plates, ends, Note
caps, cleats, brackets, stiffeners, bolts,
etc., have been included to the rate of
the associated steel work
8 ELECTRICAL WORKS
Unless otherwise stated, Rates in Bill of N -
Quantities shall include all necessary Note
materials Cables, conduits, PVC sunk
A box, bulbs, switches etc. and labour
required to complete the electrical
installation to good working order
B Supply and install N 1
6Way weatherproof 100A TPN No
Distribution board as teresaki or
approved equivalent complete with
circuit breakers as appropriate
Supply and install 16mm2 4core Lm 25
armoured copper cable from the main
LV boad to the above distribution
C board complete with cable lugs and
glands.The rate is inclusive of
trenching,hatari tiling and backfilling
Supply and fix 2feet by 2feet LED No 4
recessed florescent fitting as Phillips or
equivalent & approved.The rate is
D including the wiring switches, conduits
and all necessary accessories
35
Item No. Description Unit Quantity Rate Amount
Supply and install external security No 4
light bulk head fitting with 11Watts
screwneck LED bulb as Phillips or
equivalent & approved. The rate is
E including the wiring weather proof
switches, conduits and all necessary
accessories
36
TYPE B
CONTAINERISED UNITS BILL NO 1
Item No. Description Unit Quantity Rate Amount
1 PRELIMINARIES
Allow for provision of all applicable
licenses, permits and laws including
1.1 Item 1
but not limited to County Govt NEMA,
NCA, inclusive of hording site
37
Item No. Description Unit Quantity Rate Amount
Provide and place well vibrated Class
2.4 20/20 concrete for strip footing 150 m3 42
mm x 450 mm and bases
A Containers
38
Item No. Description Unit Quantity Rate Amount
4.1 Doors
Standard steel door complete with
iron mongery 900mm x 2100mm
4.1.1 No. 4
complete for external doors fitted with
mortice lock and handle
5 Windows
6 Flooring
39
Item No. Description Unit Quantity Rate Amount
Ceramic floor tiles on top of the
blockboard timber floor with 100mm
6.1 skirting with appropriate adhesive, m2 21.0
15mm rich cement mortar (1:2)
emended with 1” chicken mesh
7 ROOF WORKS
“Welding” is deemed to be in
accordance with the specification and
for the material to which it is to be
A used. Gusset plates, shoe plates, ends, Note
caps, cleats, brackets, stiffeners, bolts,
etc., have been included to the rate of
the associated steel work
8 ELECTRICAL WORKS
Unless otherwise stated, Rates in Bill of N -
Quantities shall include all necessary Note
materials Cables, conduits, PVC sunk
A box, bulbs, switches etc. and labour
required to complete the electrical
installation to good working order
40
Item No. Description Unit Quantity Rate Amount
Supply and install 16mm2 4core 25
L
armoured copper cable from the main Lm
LV boad to the above distribution
C board complete with cable lugs and
glands.The rate is inclusive of
trenching,hatari tiling and backfilling
Supply and fix 2feet by 2feet LED No 8
recessed florescent fitting as Phillips or
D equivalent & approved.The rate is
including the wiring switches, conduits
and all necessary accessories
Supply and install external security No 4
light bulk head fitting with 11Watts
screwneck LED bulb as Phillips or
E equivalent & approved. The rate is
including the wiring weather proof
switches, conduits and all necessary
accessories
Supply and install 13 -amp Twin No 4
socket. The rate is including the wiring
F switches, conduits and all necessary
accessories
Supply and install 15-amp socket. The No 4
G rate is including the wiring switches,
conduits and all necessary accessories.
H Supply and fix wall mounted No 4
heavy duty fan with sweep;
900mm,Air delivery;
140cm,RPM;140cm. The rate is
including the wiring, switches, conduits
and all necessary accessories.
Variable switch for fans to be
installed in each container
Supply and installation of Item
approved type earthing system as
approved by the engineer in order to
keep the earth resistance below 10
I ohms. The earth bar at the main
distribution board should connect to
the earth electrode with a 16mm 2
PVC/CU cable
(For all storage facilities)
SUB-TOTAL 2
41
LAVATORY BILL NO. 3
Item
Description Unit Quantity Rate (KSHS) Amount (KSHS)
No.
1 Sub-structure
1.1 Excavation
Allow for stripping of 150mm
a m2 10.0
top soil material and dispose
Extra over for excavation in
b m3 5
rock at any depth
1.2 Concrete
Provide 50mm thick Concrete
Class 15/20 (1:3:6) blinding
d m3 0.4
in column bases and
foundation trenches
Provide and place well
vibrated Class 20/20
e concrete for strip footing 150 m3 1.5
mm x 450 mm and column
bases
1.3 Reinforcement
High yield mild steel
reinforcement bars including
1.3.1 cutting, bending, spacers,
tying wire and fixing to BS
4449
A 12mm Kg 26.7
B 10mm Kg 31.0
Fabric mesh reinforcement BS
4483
C Reference A142 mesh m2 6.3
1.4 Walling
Supply and lay 200 mm thick
natural non-absorbent stone
f m2 12.0
blocks sub-structure walling
bedded in c/s mortar
2 Superstructure:
Supply and install 200mm
2.1 m 10.0
wide DPC felt under all walls
42
Item
Description Unit Quantity Rate Amount
No.
200mm thick machine-cut
natural stone walling in c/s
(1:3) mortar including hoop
iron at alternate courses and
2.2 m2 40
joints finished flush to
substructure with separating
walls between WC and
bathroom
RC columns 200x200mm as
2.3
per drawings
(i) Concrete Class 20/20
2.3.1 m3 0.48
(1:2:4)
High yield mild steel
reinforcement bars including
2.3.2 cutting, bending, spacers,
tying wire and fixing to BS
4449
A i) 12mm Kg 56.0
B ii) 8mm Kg 22.0
2.4 RC roof slab 150mm thick
Well vibrated concrete Class
2.4.1 m3 1.6
20/20
High yield mild steel
reinforcement bars including
2.4.2 cutting, bending, spacers,
tying wire and fixing to BS
4449
A i) 10mm Kg 48.0
Apply APP water proofing to
2.5 m2 8.0
roofs
3 Finishing
Allow for 15mm thick two
coat cement sand (1:4)
3.1 plaster trowelled smooth and m2 24.0
comprising 12mm backing
and 3mm finishing coat
4 Painting
Prepare and apply 3 coats of
approved silk vinyl paint to
4.1 m2 24.0
the internal plastered surface
walls
5 Floor
Plastered Screed finish
5.1 withcement:sand 1:3 including m2 6.3
100mm skirting
6 Washroom
43
Item
Description Unit Quantity Rate Amount
No.
WC suite complete with wash
6.1 hand basin and plumbing LS 1.0
connections
50mm thick solid ordinary
6.2 No 1.0
flush door 900 x 2100mm
Bathroom
6.3 Provide overhead shower No 1.0
50mm thick solid ordinary
6.4 No 1.0
flush door 900 x 2100mm
Windows
Casement window complete
6.5 No 2.0
with frame and fittings
7 Water tank
Supply and place UPVC
Cylindrical 1000L tank on the
7.1 roof slab including all No 1.0
plumbing connections to the
WC
8 ELECTRICAL WORKS
Unless otherwise stated, Rates N -
in Bill of Quantities shall Note
include all necessary
materials Cables, conduits,
A PVC sunk box, bulbs, switches
etc. and labour required to
complete the electrical
installation to good working
order
44
Item
Description Unit Quantity Rate Amount
No.
Supply and fix ball fitting No 2
complete 11Watts LED screw
neck bulb as Phillips or
equivalent & approved.The
D rate is including the wiring
switches, conduits and all
necessary accessories
45
SUMMARY
Sub-Total 1 - Type A (20ft)
GRAND TOTAL
46
SECTION V: STANDARD FORMS
47
FORM OF INVITATION FOR TENDERS
_______________________[date]
Dear Sirs:
Reference:______________________________________________[Contract Name]
We hereby invite you and other prequalified tenderers to submit a tender for the execution
and completion of the above Contract.
Yours faithfully,
48
FORM OF TENDER
TO: __________________________[Name of Employer) ____________[Date]
__________________________[Name of Contract]
Dear Sir,
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.
Witness; Name______________________________________
Address_____________________________________
Signature___________________________________
Date_______________________________________
(Amend accordingly if provided by Insurance Company)
49
LETTER OF ACCEPTANCE
_______________________[date]
To: _______________________
[name of the Contractor]
_____________________
[address of the Contractor]
Dear Sir,
You are hereby instructed to proceed with the execution of the said Works in accordance
with the Contract documents.
Attachment : Agreement
50
FORM OF AGREEMENT
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.
(v) Specifications
(vi) Drawings
51
4. KETRACO 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.
Address_____________________________________
Signature___________________________________
Address_____________________________________
Signature____________________________________
52
FORM OF TENDER SECURITY
KNOW ALL PEOPLE by these presents that WE ……………………… having our registered
office at ………………(hereinafter called “the Bank”), are bound unto
……………………………(hereinafter called “KETRACO”) 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…………
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 KETRACO
during the period of tender validity:
(a) fails or refuses to execute the form of Agreement in accordance with the
Instructions to Tenderers, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the
Instructions to Tenderers;
We undertake to pay to KETRACO up to the above amount upon receipt of his first
written demand, without KETRACO having to substantiate his demand, provided
that in his demand KETRACO 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]
53
PERFORMANCE BANK GUARANTEE
Dear Sir,
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor
shall furnish you with a Bank Guarantee by a recognized bank for the sum specified
therein as security for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, up to a total of Kshs. ________________ (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 civil
or argument, any sum or sums within the limits of Kenya Shillings
_________________________ (amount of Guarantee in words) as aforesaid without your
needing to prove or to show grounds or reasons for your demand for the sum specified
therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change, addition or other modification of the terms of the
Contract or of the Works to be performed 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.
Address ________________________________________________
Date ______________________________________________________
(Amend accordingly if provided by Insurance Company)
54
PERFORMANCE BOND
WHEREAS the Contractor has entered into a Contract with KETRACO dated the
________________ day of ______________ 20 ________________ for the execution of
_______________________________________________________
[name of Contract] in accordance with the Contract documents, Specifications and
amendments thereto, which to the extent herein provided for, are by reference made part
hereof and are hereinafter referred to as the Contract.
NOW THEREFORE, the Condition of this Obligation is such that, if the Contractor shall
promptly and faithfully perform the said Contract (including any amendments thereto),
then this obligation shall be null and void; otherwise it shall remain in full force and effect.
Whenever the Contractor shall be, and declared by KETRACO to be, in default under the
Contract, KETRACO having performed KETRACO’s obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
(1) complete the Contract in accordance with its terms and conditions; or
(2) obtain a tender or tenders from qualified tenderers for submission to KETRACO for
completing the Contract in accordance with its terms and conditions, and upon
determination by KETRACO and the Surety of the lowest responsive tenderer,
arrange for a Contract between such tenderer and Employer and make available as
work progresses (even though there should be a default or a succession of defaults
under the Contract or Contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the Contract Price;
but not exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof.
The term “Balance of the Contract Price”, as used in this paragraph, shall mean the
total amount payable by KETRACO to the Contractor under the
55
Contract, less the amount properly paid by KETRACO to the Contractor; or
(3) pay KETRACO the amount required by KETRACO to complete the Contract in
accordance with its terms and conditions up to a total not exceeding the amount of
this Bond.
The Surety shall not be liable for a greater sum than the specified penalty of this Bond.
Any suit under this Bond must be instituted before the expiration of one year from the date
of issuance of the Certificate of Completion.
No right of action shall accrue on this Bond to or for the use of any person or corporation
other than KETRACO named herein or the heirs, executors, administrators, successors and
assigns of KETRACO.
In testimony whereof, the Contractor has hereunto set his hand and affixed his seal, and
the Surety has caused these presents to be sealed with his corporate seal duly attested by
the signature of his legal representative, this ____________________________ day of
____________________________ 20__________
By ___________________________________ By _____________________________
Address_____________ Address______
_______________ _______________
Signature____________ Signature_____
Date_________________ Date__________
56
BANK GUARANTEE FOR ADVANCE PAYMENT
Gentlemen,
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 thereunder 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,
57
Signature and Seal __________________________________________________
Address ______________________________________________________________
Date _________________________________________________________________
Address: __________________________________________________
Signature: ________________________________________________
Date: _____________________________________________________
58
QUALIFICATION INFORMATION
1.2 Total annual volume of construction work performed in the last five years
Year Volume
Currency Value
1.4 Major items of Contractor’s Equipment proposed for carrying out the Works.
List all information requested below.
59
1.5 Qualifications and experience of key personnel proposed for administration
and execution of the Contract. Attach biographical data.
(etc.)
1.6 Financial reports for the last five years: balance sheets, profit and loss
statements, auditor’s reports, etc. List below and attach copies.
_____________________________________________________________________
___________________________________________________
1.8 Name, address and telephone, telex and facsimile numbers of banks that may
provide reference if contacted by KETRACO.
__________________________________________________________________
____________________________________________________________
1.10 Proposed program (work method and schedule) for the whole of the Works.
2 Joint Ventures
2.0 The information listed in 1.1 – 2.0 above shall be provided for each partner of
the joint venture.
60
2.1 The information required in 1.11 above shall be provided for the joint venture.
2.2 Attach the power of attorney of the signatory(ies) of the tender authorizing
signature of the tender on behalf of the joint venture
2.3 Attach the Agreement among all partners of the joint venture ( and which is legally
binding on all partners), which shows that:
a) all partners shall be jointly and severally liable for the execution of the
Contract in accordance with the Contract terms;
TENDER QUESTIONNAIRE
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
4. Telex of tenderer;
………………………………………………………………………………………
61
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
62
CONFIDENTIAL BUSINESS QUESTIONNAIRE
You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or
whichever applies to your type of business.
You are advised that it is a serious offence to give false information on this Form.
Part 1 – General
Nature of Business…………………………………………………………………..
Branch…………………………………………………………………………………
63
DETAILS OF SUB-CONTRACTORS
If the Tenderer wishes to sublet any portions of the Works under any
heading, he must give below details of the sub-contractors he intends to
employ for each portion.
………………………………
………………………………
………………………………
………………………………
………………………………
………………………………
____________________ _______________________
[Signature of Tenderer) Date
64
LETTER OF NOTIFICATION OF AWARD
Tender Name
This is to notify that the contract/s stated below under the above mentioned tender have
been awarded to you.
2. The contract/contracts shall be signed by the parties within 30 days of the date of
this letter but not earlier than 14 days from the date of the letter.
3. You may contact the officer(s) whose particulars appear below on the subject matter
of this letter of notification of award.
(FULL PARTICULARS)
65
FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD
APPLICATION NO…………….OF……….….20……...
BETWEEN
…………………………………………….APPLICANT
AND
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…
66
FOR OFFICIAL USE ONLY
Lodged with the Secretary Public Procurement Administrative Review Board on …………
day of ………....20….………
SIGNED
Board Secretary
67