COUNTY GOVERNMENT OF BUNGOMA

MINISTRY OF TRANSPORT, INFRUSTRUCTURE AND PUBLIC WORKS

DEPARTMENT OF PUBLIC WORKS

SPECIFICATIONS AND BILLS OF

QUANTITIES
FOR

PROPOSED SOLAR POWERED

WATER HEATERS
AT

MABANGA A.T.C

BUNGOMA COUNTY

TENDER NO.
BGM/CNTY/OT/
ALFIC/205/2018-20 County Architect
19 P.O Box 763
Bungoma.
PREPARED BY.
County Quantity Surveyor County structural Engineer
P.O Box 763 P.O Box 763
Bungoma. Bungoma.

County Elect./Mech. Engineer

P.O Box 763
Bungoma.
NOVEMBER 2018
Issued By:
County Works Officer
 REPUBLIC OF KENYA

COUNTY GOVERNMENT OF BUNGOMA

MINISTRY OF TRANSPORT INFRASTRUCTURE AND PUBLIC WORKS

DEPARTMENT OF PUBLIC WORKS

BILLS OF QUANTITIES

SUPPLIED AS PART OF THE CONTRACT

FOR
THE PROPOSED SUPPLY AND INSTALLATION OF SOLAR POWERED WATER HEATER-
MABANGA A.T.C

ISSUED BY: QUANTITIES AND CONTRACTS SECTION

P. O. BOX 763, BUNGOMA.

The contract for the above mentioned works, entered into on the ……………………… day of
…………………… 2018, by the undersigned parties, refer to these Bills of Quantities consisting of pages
numbers as shown on index page and the General Specification dated 1976, together with any amendments
thereto issued since the date of publication, both of which shall be read and construed as part of the said
contract.

…………………………………….. ……………………………………………..
MINISTRY OF AGRICULTURE
CONTRACTOR
BUNGOMA COUNTY

Date …………………………………. Date …………………………………

SPECIAL NOTES

The contractor is required to check the numbers of the pages of the Bills of Quantities together
with all collections and summaries and should be find any missing or in duplicate or the figures
indistinct, he must inform the County Works Officer, Ministry of Public Works, P. O. Box 763,
and BUNGOMA.

Should the contractor be in doubt about the precise meaning of any items or figure, for any
reason whatsoever, he must inform the County Works Officer, Ministry of Public Works,
Bungoma in order that the correct meaning may be decided before the date for submission of
Tenders.

No liability will be admitted, no claim allowed, in respect of errors in the contractor’s Tender due
to mistakes in the Bills of Quantities which should have been rectified in
the manner described above.
THE PROPOSEDSUPPLY AND INSTALLATION OF SOLAR POWERED WATER
HEATERS-MABANGA A.T.C

CONTENTS

A. CONTENTS PAGE (i)

B. SIGNATURE AND SPECIAL NOTES PAGE (ii)

C. STANDARD TENDER DOCUMENTS FOR PROCUREMENT OF WORKS

(1 – 45)

D. PARTICULAR PRELIMINARIES (GP/1 – GP/13)

E. GENERAL PRELIMINARIES (PP/1 – PP/9)

F. PREAMBLES AND PRICING NOTES (P/1 – P/3)

G. GENERAL WORKS E/1-E/17

H. P.C. & PROVISIONAL SUMS PC/1

I. GRAND SUMMARY PAGE GS/1

J. EVALUATION CRITERIA APPENDIX

(i)
 SECTION A

INSTRUCTIONS TO TENDERERS

Table of Clauses
1.1.1 Page
2.1 Eligible tenderers………………………………A1
2.2 Eligible goods…………………………. A2
2.3 Cost of tendering………………………… A2
2.4 Contents of Tender document………… A2
2.5 Clarification of documents……………… A3
2.6 Amendment of documents…………….. A3
2.7 Language of tender…………………….. A3
2.8 Documents comprising the tender……. A3
2.9 Tender forms…………………………….. A4
2.10 Tender prices……………………………... A4
2.11 Tender currencies………………………. A4
2.12 Tenderers eligibility and qualifications… A4
2.13 Goods’ eligibility and conformity to
tender documents……………………….. A5
2.14 Tender security…………………………. A5
2.15 Validity of tenders………………………… A6
2.16 Format and signing of tenders…………. A6
2.17 Sealing and marking of tenders………. A7
2.18 Deadline for submission of tender …… A7
2.19 Modification and withdrawal of tenders.. A7
2.20 Opening of tenders……………………… A8
2.21 Clarification of tenders………………….. A8
2.22 Preliminary examination……………..……….A8
2.23 Conversion to single currency………… A9
2.24 Evaluation and comparison of tenders… A9
2.25 Contacting the procuring entity…………. A9
2.26 Award of contract……………………….. A9
(a) Post qualification……………………….. A9
(b) Award criteria…………………………….. A10
(c) Procuring entity’s right to vary quantities A10
(d) Procuring entity’s right to accept or
reject any or all tenders ………………… A10
2.27 Notification of award…………………….. A10
2.28 Signing of contract………………………. A10
2.29 Performance security……………………. A11
2.30 Corrupt or fraudulent practices…………. A11
2.31 Appendix to Instructions to Tenderers………A12

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 2.31 Evaluation criteria………………………………A13

INSTRUCTIONS TO TENDERERS

1.0 General

1.1 The Employer as defined in the Appendix to Conditions of Contract invites

Tenders for the supply Contract as described in the Tender Documents.

1.2 Mandatory requirements

1.2.1 Tenderers shall include the following information and documents with
their Tenders, unless otherwise stated:

(a) Attach copy of Tax Compliance Certificate from Kenya Revenue

Authority (KRA)
(b) Attach copy of PIN/VAT certificate
(c) Attach copy of certificate of incorporation
(d) Attach copy of Valid single business permit
(e) Compliance with all the technical specifications in the attached standard
tender document. `

1.3 The Tenderer shall bear all costs associated with the preparation and submission
of the Tender.

2.1 Eligible Tenderers

2.1.1 This Invitation for Tenders is open to all tenderers eligible as described in the Invitation
to Tender. Successful tenderers shall complete the supply of goods by the intended
completion date specified in the Schedule of Requirements Section VI.

2.1.2 The procuring entity’s employees, committee members, board members and their relative
(spouse and children) are not eligible to participate in the tender.

2.1.3 Tenderers shall provide the qualification information statement that the tenderer
(including all members of a joint venture and subcontractors) is not associated, or have
been associated in the past, directly or indirectly, with a firm or any of its affiliates which
6
 have been engaged by the Procuring entity to provide consulting services for the
preparation of the design, specifications, and other documents to be used for the
procurement of the goods under this Invitation for tenders.

2.1.4 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent
practices.

2.2 Eligible Goods

2.2.1 All goods to be supplied under the contract shall have their origin in eligible source
countries.

2.2.2 For purposes of this clause, “origin” means the place where the goods are mined, grown,
or produced. Goods are produced when, through manufacturing, processing, or
substantial and major assembly of components, a commercially-recognized product
results that is substantially different in basic characteristics or in purpose or utility from
its components

2.2.3 The origin of goods is distinct from the nationality of the tenderer.

2.3 Cost of Tendering

2.3.1 The Tenderer shall bear all costs associated with the preparation and submission of its
tender, and the procuring entity, will in no case be responsible or liable for those costs,
regardless of the conduct or outcome of the tendering process.
2.3.2 The tender documents will be accessed FREE OF CHARGE from the Bungoma
County Website.
2.3.3 All firms found capable of performing the contract satisfactorily in accordance to the set
prequalification criteria shall be prequalified.

2.4. The Tender Document

2.4.1 The tender document comprises the documents listed below and addenda issued in
accordance with clause 2.6 of these instructions to Tenderers
(i) Invitation to Tender
(ii) Instructions to tenderers
(iii) General Conditions of Contract
(iv) Special Conditions of Contract
(v) Schedule of requirements
(vi) Technical Specifications
(vii) Tender Form and Price Schedules
(viii) Tender Security Form
(ix) Contract Form
7
(x) Performance Security Form
(xi) Bank Guarantee for Advance Payment Form
(xii) Manufacturer’s Authorization Form
(xiii) Confidential Business Questionnaire

2.4.2 The Tenderer is expected to examine all instructions, forms, terms, and specifications in
the tender documents. Failure to furnish all information required by the tender
documents or to submit a tender not substantially responsive to the tender documents in
every respect will be at the tenderers risk and may result in the rejection of its tender.

2.5 Clarification of Documents

2.5.1 A prospective tenderer requiring any clarification of the tender

document may notify the Procuring entity in writing or by link at the
entity’s address indicated in the Invitation to Tender. The Procuring
entity will respond in writing to any request for clarification of the
tender documents, which it receives not later than seven (7) days
prior to the deadline for the submission of tenders, prescribed by the
procuring entity. Written copies of the Procuring entities response
(including an explanation of the query but without identifying the
source of inquiry) will be sent to all prospective tenderers that have
received the tender document.

2.5.2 The procuring entity shall reply to any clarifications sought by the tenderer within 3 days
of receiving the request to enable the tenderer to make timely submission of its tender.

2.6 Amendment of Documents

2.6.1 At any time prior to the deadline for submission of tenders, the Procuring entity, for any
reason, whether at its own initiative or in response to a clarification requested by a
prospective tenderer, may modify the tender documents by amendment.

2.6.2 All prospective candidates that have received the tender documents will be notified of the
amendment in writing or by email and will be binding on them.

2.6.3 In order to allow prospective tenderers reasonable time in which to take the amendment
into account in preparing their tenders, the Procuring entity, at its discretion, may extend
the deadline for the submission of tenders.

2.7 Language of Tender

2.7.1 The tender prepared by the tenderer, as well as all correspondence and documents
relating to the tender exchange by the tenderer and the Procuring entity, shall be written in
English language, provided that any printed literature furnished by the tenderer may be
written in another language provided they are accompanied by an accurate English
translation of the relevant passages in which case, for purposes of interpretation of the
tender, the English translation shall govern.

8
2.8 Documents Comprising of Tender
2.8.1 The tender prepared by the tenderers shall comprise the following components
(a) a Tender Form and a Price Schedule completed in accordance with paragraph 2.9, 2.10 and
2.11 below
(b) documentary evidence established in accordance with paragraph 2.1.2 that the tenderer is
eligible to tender and is qualified to perform the contract if its tender is accepted;
(c) documentary evidence established in accordance with paragraph 2..2.1 that the goods and
ancillary services to be supplied by the tenderer are eligible goods and services and
conform to the tender documents; and
(d) tender security furnished in accordance with paragraph 2.14

2.9 Tender Forms

2.9.1 The tenderer shall complete the Tender Form and the appropriate Price Schedule
furnished in the tender documents, indicating the goods to be supplied, a brief description of
the goods, their quantity, and prices.

2.10 Tender Prices

2.10.1 The tenderer shall indicate on the appropriate Price Schedule the unit prices and total
tender price of the goods it proposes to supply under the contract

2.10.2 Prices indicated on the Price Schedule shall include all costs including taxes, insurances
and delivery to the premises of the entity.

2.10.3 Prices quoted by the tenderer shall be fixed during the Tenderer’s performance of the
contract and not subject to variation on any account. A tender submitted with an
adjustable price quotation will be treated as non-responsive and will be rejected,
pursuant to paragraph 2.22

2.10.4 The validity period of the tender shall be 90 days from the date of opening of the
tender.

2.11 Tender Currencies

2.11.1 Prices shall be quoted in Kenya Shillings unless otherwise specified in the Appendix to
Instructions to Tenderers.

2.12 Tenderers Eligibility and Qualifications

2.12.1Pursuant to paragraph 2.1.the tenderer shall furnish, as part of its

tender, documents establishing the tenderers eligibility to tender and
its qualifications to perform the contract if its tender is accepted.

2.12.2The documentary evidence of the tenderers eligibility to tender shall establish to

the Procuring entity’s satisfaction that the tenderer, at the time of submission of its tender,
is from an eligible source country as defined under paragraph 2.1

9
 2.12.3The documentary evidence of the tenderers qualifications to perform the contract if its
tender is accepted shall be established to the Procuring entity’s satisfaction;
(a) that, in the case of a tenderer offering to supply goods under the contract which
the tenderer did not manufacture or otherwise produce, the tenderer has been duly
authorized by the goods’ Manufacturer or producer to supply the goods.
(b) that the tenderer has the financial, technical, and production capability necessary
to perform the contract;
(c) that, in the case of a tenderer not doing business within Kenya, the tenderer is or
will be (if awarded the contract) represented by an Agent in Kenya equipped, and
able to carry out the Tenderer’s maintenance, repair, and spare parts-stocking
obligations prescribed in the Conditions of Contract and/or Technical
Specifications.

2.13 Goods Eligibility and Conformity to Tender Documents

2.13.1 Pursuant to paragraph 2.2 of this section, the tenderer shall furnish, as part of its tender
documents establishing the eligibility and conformity to the tender documents of all
goods which the tenderer proposes to supply under the contract

2.13.2 The documentary evidence of the eligibility of the goods shall consist of a statement in
the Price Schedule of the country of origin of the goods and services offered which shall be
confirmed by a certificate of origin issued at the time of shipment.

2.13.3 The documentary evidence of conformity of the goods to the tender documents may be
in the form of literature, drawings, and data, and shall consist of:
(a) a detailed description of the essential technical and performance characteristic of
the goods;
(b) a list giving full particulars, including available source and current prices of spare
parts, special tools, etc., necessary for the proper and continuing functioning of the
goods for a period of two (2) years, following commencement of the use of the
goods by the Procuring entity; and
(c) a clause-by-clause commentary on the Procuring entity’s Technical Specifications
demonstrating substantial responsiveness of the goods and service to those
specifications, or a statement of deviations and exceptions to the provisions of the
Technical Specifications.

2.13.4 For purposes of the documentary evidence to be furnished pursuant to paragraph

2.13.3(c) above, the tenderer shall note that standards for workmanship, material, and
equipment, as well as references to brand names or catalogue numbers designated by the
Procurement entity in its Technical Specifications, are intended to be descriptive only and
not restrictive. The tenderer may substitute alternative standards, brand names, and/or
catalogue numbers in its tender, provided that it demonstrates to the Procurement entity’s
satisfaction that the substitutions ensure substantial equivalence to those designated in the
Technical Specifications.

2.14 Tender Security

10
1.2
2.14.1 The tenderer shall furnish, as part of its tender, a tender security for the amount specified
in the Appendix to Invitation to Tenderers.

2.14.2 The tender security shall be in the amount of 2 per cent of the tender price and attached to
the tender document.

2.14.3 The tender security is required to protect the Procuring entity against the risk of
Tenderer’s conduct which would warrant the security’s forfeiture, pursuant to paragraph
2.14.7

2.14.4 The tender security shall be denominated in Kenya Shillings or in another freely
convertible currency, and shall be in the form of a bank guarantee or a bank draft issued by
a reputable bank located in Kenya or abroad in the form provided in the tender
documents or another form acceptable to the Procuring entity and valid for thirty (30) days
beyond the validity of the tender

2.14.5 Any tender not secured in accordance with paragraph 2.14.1 and 2.14.3 will be rejected
by the Procuring entity as non-responsive, pursuant to paragraph 2.22

2.14.6 Unsuccessful Tenderer’s tender security will be discharged or returned as promptly as

possible as but not later than thirty (30) days after the expiration of the period of tender
validity prescribed by the Procuring entity.

2.14.7 The successful Tenderer’s tender security will be discharged upon the tenderer signing
the contract, pursuant to paragraph 2.27 and furnishing the performance security,
pursuant to paragraph 2.28

2.14.8 The tender security may be forfeited:

(a) if a tenderer withdraws its tender during the period of tender validity specified by the
procuring entity on the Tender Form; or
(b) in the case of a successful tenderer, if the tenderer fails:
(i) to sign the contract in accordance with paragraph 2.27
Or
(ii) to furnish performance security in accordance with paragraph 2.28

2.15 Validity of Tenders

2.15.1 Tenders shall remain valid for 90 days or as specified in the Invitation to tender after the
date of tender opening prescribed by the Procuring entity, pursuant to paragraph 2.18. A
tender valid for a shorter period shall be rejected by the Procuring entity as non-
responsive.

2.15.2 In exceptional circumstances, the Procuring entity may solicit the Tenderer’s consent to
an extension of the period of validity. The request and the responses thereto shall be
made in writing. The tender security provided under paragraph 2.14 shall also be suitably
extended. A tenderer may refuse the request without forfeiting its tender security. A
tenderer granting the request will not be required nor permitted to modify its tender.

2.16 Format and Signing of Tender

11
2.16.1 The Procuring entity shall prepare and upload the tender document at the county website.

2.16.2 The tender shall have no interlineations, erasures, or overwriting except as necessary to
correct errors made by the tenderer, in which case such corrections shall be initialled by
the person or persons signing the tender.

2.17 Sealing and Marking of Tender

2.17.1 The tender shall

(a) be addressed to the Procuring entity at the address given in the Invitation to
Tender:

(b) bear, tender number and name in the Invitation for Tenders.

2.17.2 The inner envelopes shall also indicate the name and address of the tenderer to enable the
tender to be returned unopened in case it is declared “late”.

2.17.3 If the outer envelope is not sealed and marked as required by paragraph 2.17.2, the
Procuring entity will assume no responsibility for the tender’s misplacement or premature
opening.

1.3 Deadline for Submission of Tenders

2.18.1 Tenders must be submitted not later than(as per the advertisement)

2.18.2 The Procuring entity may, at its discretion, extend this deadline for the submission of
tenders by amending the tender documents in accordance with paragraph 2.6, in which
case all rights and obligations of the Procuring entity and candidates previously subject to
the deadline will therefore be subject to the deadline as extended

2.19 Modification and Withdrawal of Tenders

1.4
2.19.1 The tenderer may modify or withdraw its tender after the tender’s submission, provided
that written notice of the modification, including substitution or withdrawal of the
tenders, is received by the Procuring prior to the deadline prescribed for submission of
tenders.

2.19.2 The Tenderer’s modification or withdrawal notice shall be prepared, sealed, marked, and
dispatched in accordance with the provisions of paragraph 2.17. A withdrawal notice
may also be sent by cable, telex but followed by a signed confirmation copy, postmarked
not later than the deadline for submission of tenders.

12
2.19.3 No tender may be modified after the deadline for submission of tenders.

2.19.4 No tender may be withdrawn in the interval between the deadline for submission of
tenders and the expiration of the period of tender validity specified by the tenderer on the
Tender Form. Withdrawal of a tender during this interval may result in the Tenderer’s
forfeiture of its tender security, pursuant to paragraph 2.14.7

2.19.5 The procuring entity may at any time terminate procurement proceedings before contract
award and shall not be liable to any person for the termination.

2.19.6 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.

2.20 Opening of Tenders

2.20.1 The Procuring entity will open all tenders at the specified date and time.

2.20.2 The Procuring entity will prepare minutes of the tender opening.

2.21 Clarification of Tenders

2.21.1 To assist in the examination, evaluation and comparison of tenders the Procuring entity
may, at its discretion, ask the tenderer for a clarification of its tender. The request for
clarification and the response shall be in writing, and no change in the prices or substance
of the tender shall be sought, offered, or permitted.

2.21.2 Any effort by the tenderer to influence the Procuring entity in the Procuring entity’s
tender evaluation, tender comparison or contract award decisions may result in the
rejection of the tenderers’ tender.

2.22 Preliminary Examination

2.22.1 The Procuring entity will examine the tenders to determine whether they are complete,
whether any computational errors have been made, whether required sureties have been
furnished, whether the documents have been properly signed, and whether the tenders are
generally in order.

2.22.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy
between the unit price and the total price that is obtained by multiplying the unit price
and quantify, the unit price shall prevail, and the total price shall be corrected. If the
candidate does not accept the correction of the errors, its tender will be rejected, and its
tender security forfeited. If there is a discrepancy between words and figures the amount
in words will prevail

13
2.22.3 The Procuring entity may waive any minor informality or non-conformity or irregularity
in a tender which does not constitute a material deviation, provided such waiver does not
prejudice or effect the relative ranking of any tenderer.

2.22.4 Prior to the detailed evaluation, pursuant to paragraph 2.23 the Procuring entity will
determine the substantial responsiveness of each tender to the tender documents. For
purposes of these paragraphs, a substantially responsive tender is one, which conforms to
all the terms and conditions of the tender documents without material deviations. The
Procuring entity’s determination of a tender’s responsiveness is to be based on the
contents of the tender itself without recourse to extrinsic evidence.

2.22.5 If a tender is not substantially responsive, it will be rejected by the Procuring entity and
may not subsequently be made responsive by the tenderer by correction of the non-
conformity.

2.23 Conversion to Single Currency

2.23.1 Where other currencies are used, the procuring entity will convert these currencies to
Kenya Shillings using the selling exchange rate on the date of tender closing provided by
the Central Bank of Kenya.

2.24 Evaluation and Comparison of Tenders

2.24.1 The Procuring entity will evaluate and compare the tenders which have been determined
to be substantially responsive, pursuant to paragraph 2.22

2.24.2 The tender evaluation committee shall evaluate the tender within 30 days of the validity
period from the date of opening the tender.

2.24.3 A tenderer who gives false information in the tender document about its qualification or
who refuses to enter into a contract after notification of contract award shall be
considered for debarment from participating in future public procurement.

2.25 Preference

2.25.1 Preference where allowed in the evaluation of tenders shall not exceed 15%

2.26 Contacting the Procuring entity

2.26.1 Subject to paragraph 2.21 no tenderer shall contact the Procuring entity on any matter
related to its tender, from the time of the tender opening to the time the contract is
awarded.

2.26.2 Any effort by a tenderer to influence the Procuring entity in its decisions on tender,
evaluation, tender comparison, or contract award may result in the rejection of the
Tenderer’s tender.

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2.27 Award of Contract

(a) Post-qualification

2.27.1 In the absence of pre-qualification, the Procuring entity will determine to its satisfaction
whether the tenderer that is selected as having submitted the lowest evaluated responsive
tender is qualified to perform the contract satisfactorily.

2.27.2 The determination will take into account the tenderer financial, technical, and production
capabilities. It will be based upon an examination of the documentary evidence of the
tenderers qualifications submitted by the tenderer, pursuant to paragraph 2.12.3 as well as
such other information as the Procuring entity deems necessary and appropriate.

2.27.3 An affirmative determination will be a prerequisite for award of the contract to the
tenderer. A negative determination will result in rejection of the Tenderer’s tender, in
which event the Procuring entity will proceed to the next lowest evaluated tender to make a
similar determination of that Tenderer’s capabilities to perform satisfactorily.

(b) Award Criteria

2.27.4 The Procuring entity will award the contract to the successful tenderer whose tender has
been determined to be substantially responsive and has been determined to be the lowest
evaluated tender, provided further that the tenderer is determined to be qualified to
perform the contract satisfactorily.

(c ) Procuring entity’s Right to Vary Quantities

2.27.5 The Procuring entity reserves the right at the time of contract award to increase or
decrease the quantity of goods originally specified in the Schedule of requirements
without any change in unit price or other terms and conditions

(d) Procuring entity’s Right to accept or Reject any or All Tenders

2.27.6 The Procuring entity reserves the right to accept or reject any tender, and to annul the
tendering process and reject all tenders at any time prior to contract award, without
thereby incurring any liability to the affected tenderer or tenderers or any obligation to
inform the affected tenderer or tenderers of the grounds for the Procuring entity’s action

2.28 Notification of Award

2.28.1 Prior to the expiration of the period of tender validity, the Procuring entity will notify the
successful tenderer in writing that its tender has been accepted.

15
2.28.2 The notification of award will constitute the formation of the Contract but will have to
wait until the contract is finally signed by both parties

2.28.3 Upon the successful Tenderer’s furnishing of the performance security pursuant to
paragraph 2.28, the Procuring entity will promptly notify each unsuccessful Tenderer and
will discharge its tender security, pursuant to paragraph 2.14

2.29 Signing of Contract

2.29.1 At the same time as the Procuring entity notifies the successful tenderer that its tender has
been accepted, the Procuring entity will send the tenderer the Contract Form provided in
the tender documents, incorporating all agreements between the parties.

2.29.2 The parties to the contract shall have it signed within 30 days from the date of
notification of contract award unless there is an administrative review request.

2.29.3 Within thirty (30) days of receipt of the Contract Form, the successful tenderer shall sign
and date the contract and return it to the Procuring entity.

2.30 Corrupt or Fraudulent Practices

2.30.1 The Procuring entity requires that tenderers observe the highest standard of ethics during
the procurement process and execution of contracts when used in the present regulations,
the following terms are defined as follows;
(i) “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to
influence the action of a public official in the procurement process or in contract execution;
and

(ii) “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement

process or the execution of a contract to the detriment of the Procuring entity, and includes
collusive practice among tenderer (prior to or after tender submission) designed to establish
tender prices at artificial non-competitive levels and to deprive the Procuring entity of the
benefits of free and open competition;
2.30.2 The procuring entity will reject a proposal for award if it determines that the tenderer
recommended for award has engaged in corrupt or fraudulent practices in competing for
the contract in question.
2.30.3 Further a tenderer who is found to have indulged in corrupt or fraudulent practices risks
being debarred from participating in public procurement in Kenya.

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 A11

EVALUATION CRITERIA (MANDATORY)

NO MANDATORY REQUIREMENTS REMARKS

1. Bidders shall prepare and submit two copies (All are Mandatory) Yes No

“ORIGINAL BID” and “Copy BID”.

2. COPY OF Valid certificate of Incorporation/Registration Yes No

3. Provide Valid & Relevant NCA certificate Yes No

4. ERC registration certificate Yes No

5. Proof of similar works carried out in the last three years Yes No

6. Copy of Current Valid Tax Compliance Certificate Yes No

7. Form of Bid duly completed, signed, stamped and witnessed. Yes No

8. Single business permit Yes No

9. Confidential Business Questionnaire duly filled Yes No

10. Must disclose the source / origin of the goods to be supplied Yes No

17
11. Declaration of having / not having any past or current litigation or Yes No
arbitration proceedings in which the Bidder is/was involved as one of
the parties.
12. Audited Accounts for the last two years Yes No

13. Serialization of document Yes No

A12
SECTION B

CONDITIONS OF CONTRACT

CONTENTS

CLAUSE NO. PAGE

1. DEFINITIONS………………………………………………………… B-2

2. CONTRACT DOCUMENTS………………………………………… B-3

3. EMPLOYER’S REPRESENTATIVE’S DECISIONS…………….. B-4

4. WORKS, LANGUAGE AND LAW OF CONTRACT……………… B-4

5. SAFETY, TEMPORARY WORKS AND DISCOVERIES………… B-4

6. WORK PROGRAMME AND SUB-CONTRACTING……………… B-4

7. THE SITE……………………………………………………………….. B-4

8. INSTRUCTIONS……………………………………………………….. B-5

9. EXTENSION OF COMPLETION DATE…………………………… B-5

10. MANAGEMENT MEETINGS………………………………………… B-6

11. DEFECTS………………………………………………………………… B-6

12. BILLS OF QUANTITIES/SCHEDULE OF RATES………………. B-7

13. VARIATIONS…………………………………………………………… B-7

14. PAYMENT CERTIFICATES AND FINAL ACCOUNT …………… B-8

18
15. INSURANCES ………………………………………………………… B-9

16. LIQUIDATED DAMAGES…………………………………………… B-9

17. COMPLETION AND TAKING OVER………………………………. B-9

18. TERMINATION…………………………………………………………… B-9

19. PAYMENT UPON TERMINATION……………………………………… B-10

20. CORRUPT GIFTS AND PAYMENTS OF COMMISSION………..…… B-10

21. SETTLEMENT OF DISPUTES………………………………………….. B-11

APPENDIX TO CONDITIONS OF CONTRACT ……………………… B-12

B-1

CONDITIONS OF CONTRACT

1. Definitions

1.1 In this Contract, except where context otherwise requires, the following terms
shall be interpreted as indicated;

“Bills of Quantities” means the priced and completed Bill of Quantities forming
part of the tender [where applicable].

“Schedule of Rates” means the priced Schedule of Rates forming part of the
tender [where applicable].

“The Completion Date” means the date of completion of the Works as certified by
the Employer’s Representative.

“The Contract” means the agreement entered into by the Employer 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 the Employer.

“The Contractor’s Tender” is the completed tendering document submitted by

the Contractor to the Employer.

“The Contract Price” is the price stated in the Letter of Acceptance.

“Days” are calendar days; “Months” are calendar months.

19
 “A Defect” is any part of the Works not completed in accordance with the
Contract.

“The Defects Liability Certificate” is the certificate issued by Employer’s

Representative upon correction of defects by the Contractor.

“The Defects Liability Period” is the period named in the Appendix to

Conditions of Contract and calculated from the Completion Date.

“Drawings” include calculations and other information provided or approved by

the Employer’s Representative for the execution of the Contract.

“Employer” includes Central or County Government administration,

Universities, Public Institutions and Corporations and is the party who employs
the Contractor to carry out the Works.

B-2
Equipment” is the Contractor’s machinery and vehicles brought temporarily to
the Site for the execution of the Works.

“Site” means the place or places where the permanent Works are to be carried
out including workshops where the same is being prepared.

“Materials” are all supplies, including consumables, used by the Contractor for
incorporation in the Works.

“Employer’s Representative” is the person appointed by the Employer and

notified to the Contractor for the purpose of supervision of the Works.

“Specification” means the Specification of the Works included in the Contract.

“Start Date” is the date when the Contractor shall commence execution of the
Works.

“ A Sub-contractor” 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.

“Temporary works” are works designed, constructed, installed, and removed by

the Contractor which are needed for construction or installation of the Works.

“ A Variation” is an instruction given by the Employer’s Representative which

varies the Works.

“The Works” are what the Contract requires the Contractor to construct, install,
and turnover to the Employer.

2. Contract Documents

20
 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) Bills of Quantities or Schedule of Rates [whichever is applicable)

B-3

3. Employer’s Representative’s Decisions

3.1 Except where otherwise specifically stated, the Employer’s Representative will
decide contractual matters between the Employer and the Contractor in the role
representing the Employer.

4. Works, Language and Law of Contract

4.1 The Contractor shall construct and install the Works in accordance with the
Contract documents. The Works may commence on the Start Date and shall be
carried out in accordance with the Programme submitted by the Contractor, as
updated with the approval of the Employer’s Representative, and complete them by
the Intended Completion Date.

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. Safety, Temporary works and Discoveries

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.

5.3 Anything of historical or other interest of significant value unexpectedly

discovered on the Site shall be the property of the Employer. The Contractor
shall notify the Employer’s Representative of such discoveries and carry out the
Employer’s Representative’s instructions for dealing with them.

6. Work Programme and Sub-contracting

21
6.1 Within seven days after Site possession date, the Contractor shall submit to the Employer’s

Representative for approval a programme 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 the Employer’s Representative. However, he shall not

assign the Contract without the approval of the Employer in writing. Sub-contracting shall not

alter the Contractor’s obligations.

22
 B-4

The site

7.1 The Employer shall give possession of all parts of the Site to the Contractor.

7.2 The Contractor shall allow the Employer’s Representative and any other person
authorized by the Employer’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 the Employer’s Representative
which are in accordance with the Contract.

9. Extension of Completion Date

9.1 The Employer’s Representative shall extend the Completion Date if an occurrence
arises which makes it impossible for completion to be achieved by the Intended
Completion Date. The Employer’s Representative shall decide whether and by
how much to extend the Completion Date.

9.2 For the purposes of this Clause, the following occurrences shall be valid for
consideration;

Delay by:-

(a) force majeure, or

(b) reason of any exceptionally adverse weather conditions, 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

(d) reason of the Employer’s Representative’s instructions issued under these

Conditions, or

(e) reason of the contractor not having received in due time necessary
instructions, drawings, details or levels from the Employer’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

23
 B-5

(f) delay on the part of artists, tradesmen or others engaged by the Employer
in executing work not forming part of this Contract, or

(g) reason of delay by statutory or other services providers or similar bodies

engaged directly by the Employer, or

(h) reason of opening up for inspection of any Work covered up or of the

testing or any of the Work, materials or goods in accordance with these
conditions unless the inspection or test showed that the Work, materials or
goods were not in accordance with this Contract, or

(i) reason of delay in appointing a replacement Employer’s Representative, or

(j) reason of delay caused by the late supply of goods or materials or in

executing Work for which the Employer or his agents are contractually
obliged to supply or to execute as the case may be, or

(k) delay in receiving possession of or access to the Site.

10. Management Meetings

10.1 A Contract management meeting shall be held regularly and attended by the
Employer’s Representative and the Contractor. Its business shall be to review the
plans for the remaining Work. The Employer’s
Representative shall record the business (minutes) of management meetings and
provide copies of the record to those attending the meeting and the Employer.
The responsibility of the parties for actions to be taken shall be decided by the
Employer’s Representative either at the management meeting or after the
management meeting and stated in writing to all who attend the meeting.

10.2 Communication between parties shall be effective only when in writing.

11. Defects

11.1 The Employer’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. The Employer’s Representative may instruct the
Contractor to search for a defect and to uncover and test any Work that the
Employer’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.

24
 B-6

11.2 The Employer’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 the Employer’s Representative’s
notice. If the Contractor has not corrected a defect within the time specified in the
Employer’s Representative’s notice, the Employer’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. Bills of Quantities/Schedule of Rates

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 the Employer’s Representative with a quotation for
carrying out the variations when requested to do so. The Employer’s
Representative shall assess the quotation and shall obtain the necessary authority
from the Employer 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.

13.3 If the Contractor’s quotation is unreasonable, the Employer’s Representative may

order the variation and make a change to the Contract Price, which shall be based on
the Employer’s Representative’s own forecast of the effects of the variation on the
Contractor’s costs.

25
 B-7

14. Payment Certificates and Final Account

14.1 The Contractor shall be paid after each of the following stages of Work listed
herebelow (subject to re-measurement by the Employer’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.

(i) Advance payment NIL (percent of Contract Price,

[after Contract execution] to be inserted by the Employer).

(ii) First stage (define stage) AS PER PROGRESS

(iii) Second stage (define stage) AS PER PROGRESS

(iv) Third stage (define stage) AS PER PROGRESS

(v) After defects liability period.

14.2 Upon deciding that Works included in a particular stage are complete, the
Contractor shall submit to the Employer’s Representative his application for
payment. The Employer’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 .The Employer 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 the Employer’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. The Employer’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, the Employer’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, the Employer’s Representative shall decide on the amount
payable to the Contractor and issue a Final Payment Certificate. The Employer
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 the
Employer’s Representative’s Certificate by the Employer 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

26
 B-8
Central Bank of Kenya’s average base lending rate prevailing on thefirst day the payment
becomes overdue. The Contractor will berequired to notify the Employer 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. Liquidated Damages

16.1 The Contractor shall pay liquidated damages to the Employer 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. The Employer may deduct liquidated
damages from payments due to the Contractor. Payment of liquidated damages
shall not affect the Contractor’s liabilities.

17. Completion and Taking Over

17.1 Upon deciding that the Work is complete the Contractor shall request the
Employer’s Representative to issue a Certificate of Completion of the Works,
upon deciding that the Work is completed.

The Employer shall take over the Site and the Works within seven days of the
Employer’s Representative issuing a Certificate of Completion.

18. Termination

18.1 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;

(a) the Contractor stops Work for 30 days continuously without reasonable
cause or authority from the Employer’s Representative;

(b) the Contractor is declared bankrupt or goes into liquidation other than
for a reconstruction or amalgamation;

(c) a payment certified by the Employer’s Representative is not paid by the

Employer to the Contractor within 30 days after the expiry of the payment
periods stated in Sub-Clauses 14.2 and 14.3 hereabove.

27
 B-9

The Employer’s Representative 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.

18.2 If the Contract is terminated, the Contractor shall stop Work immediately, and
leave the Site as soon as reasonably possible. The Employer’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. Payment Upon Termination

19.1 The Employer 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 the Employer’s Representative may in writing specify, any
temporary buildings, plant,
Machinery, appliances, goods or materials belonging to him, and in default
thereof, 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.

19.3 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 therefor the Employer’s Representative 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.

28
 B-10

20. Corrupt Gifts and Payments of Commission

20.1 The Contractor shall not:

(a) Offer or give or agree to give to any person in the service of the Employer
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 the
Employer or for showing or forbearing to show favour or disfavor to any
person in relation to this or any other contract with the Employer.

(b) 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
Laws of Kenya.

21. Settlement of Disputes

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.

29
 B-11

APPENDIX TO CONDITIONS OF CONTRACT.

THE EMPLOYER IS
Name:
County Government of Bungoma

Represented by: The Chief Officer

Department Of Agriculture

The name (and identification number) of the Contract is CONTRACT FOR THE SUPPLY,
INSTALLATION AND COMMISSIONING OF SOLAR WATER HEATER IN
BUNGOMA COUNTY.

TENDER NO:

The Contract Works consist of Supply, installation, Testing and Commissioning of Solar
street lighting
The Start Date shall be as per the Contract Agreement

The Intended Completion Date for the whole of the Works shall be as per the Contract
Agreement

The following documents also form part of the Contract:

1. Agreement- Agreement as per the Contract Agreement signed between the Contractor
and client
2. Letter of Acceptance- Letter addressed to the Contractor by the client
3. Contractors Tender- The completed tendering document submitted by the Contractor to
the employer
4. Conditions of Contract- Refers to the Conditions of Contract in the main works
5. Specifications- Specifications of Contract works as described in this document
6. Bills of quantities/Schedule of Unit Rates- As described in this document
The Site Possession Date shall be as per the Contract Agreement

The Site is located at Mabanga A.T.C.

The Defects Liability Period is 6 Months from practical completion date.

The name and Address of the Employer’s representative for the purposes of submission of
tenders
isThe Chief Officer, Department Of Trade
The tender opening date and time is as per advertisement notice
The amount of performance security is 5 percent bank guarantee of the Tender Sum.
Liquidated and Ascertained damages: 0.01% of Contract Price per Day to a limit of 1% of
Contract Price.
Period of honouring certificate : 30 days
Percentage of certified value retained: 10%
Limit of certified value retained : 5%
30
 C10

SECTION F

SCHEDULE OF UNIT RATES

SCHEDULE OF UNIT RATES

1. The tenderer shall insert unit rates against the items in the following schedules and may
add such other items as he considers appropriate.

2. The unit rates shall include for supply, transport, insurance, delivery to site, storage as
necessary, assembling, cleaning, installing, connecting, profit and maintenance in defects
liability and any other obligation under this contract.

3. The unit rates will be used to assess the value of additions or omissions arising from
authorised variations to the contract works.

4. Where trade names or manufacturer’s catalogue numbers are mentioned in the

specification, the reference is intended as a guide to the type of article or quality of
material required. Alternative brands of equal and approved quality will be accepted.

5. The prices quoted shall be deemed to include for all obligations under the contract
including but not limited to supply of materials, labour, delivery to site, storage on site,
installation, testing, commissioning and all taxes (including 16% V.A.T and 3 %
Withholding tax).

41
 F-2

SECTION G

BILLS OF QUANTITIES

NOTES FOR BILLS OF QUANTITIES

1. The Bills of Quantities form part of the contract documents and are to be read in
conjunction with the contract drawings(if profided) and general specifications of
materials and works.

2. The prices quoted shall be deemed to include for all obligations under the contract
including but not limited to supply of materials, labour, delivery to site, storage on
site, installation, testing, commissioning and all taxes (including 16% V.A.T and
3 % Withholding tax).

3 All prices omitted from any item, section or part of the Bills of Quantities shall be
deemed to have been included to another item, section or part.

4. The brief description of the items given in the Bills of Quantities are for the
purpose of establishing a standard to which the sub-contractor shall adhere to.
Otherwise alternative brands of equal and approved quality will be accepted.

Should the contractor install any material not specified here in before receiving
approval from the Project Manager, the sub-contractor shall remove the material in
question and, at his own cost, install the proper material.

5. The grand total of prices in the bills of quantitiesmustbe carried forward to the
Formof Tender.

43
 G1

Statement of Compliance

a) I confirm compliance of all clauses of the General Conditions, General Specifications and
Particular Specifications in this tender.

b) I confirm I have not made and will not make any payment to any person, who can be
perceived as an inducement to win this tender.

Signed: …………………………………….for and on behalf of the Tenderer

Date: ……………………..

Official Rubber Stamp: ……………………………………………………………

G2

44
 PROPOSED SOLAR WATER HEATERS TO MABANGA A.T.C HOSTELS
BLOCK -BUNGOMA COUNTY.

ITEM DESCRIPTION QTY UNIT RATE AMOUNT

Supply,install,test and commission the
following :-

SOLAR WATER HEATER.

1.01 300 LITRE compact high pressurized solar
water heaters with flat bed collectors/
evacuated tubes :-
a) for storey hostels 10 No.
b) for stand alone hostels 6 No.

PLUMBING FITTINGS
1.02 PVR pipes :-
a) 2" pipes. 34 No.
b) 1" pipes 85 No.
c) 1/2" pipes. 85 No.
d) 2" sockets. 26 No.
e) 1 1/2" sockets 119 No.
f) 1/2" sockets. 255 No.
g) 2" elbow 17 No.
h) 1 1/2" elbow 43 No.
i) 1/2" elbow. 306 No.
j)1 1/ 2" Ts. 306 No.
k) 1/2" Ts 68 No.
l) 1/2" reducers. 10 No.
m) 1 1/2" reducers 77 No.
n) 1 1/2" gate valve 5 No.
o) 1/2" ball valve. 5 No.
p)1 1/ 2" male/ female adapters. 51 No.
q) 2" non return valves 5 No.
r) thread seals. 170 No.

WATER TANK.
1.03 200 litres Water tank and all other necessary
accessories. 10 No.

a) Auto pressure pump kit 4 No.

b) Boss white 3 kgs.

c) Generic wall mounted shower mixers 68 No.

d) wall mounted double tap sinks. 2 No.

1.04 Allow KSHS 500,000 for civil works. ITEM 1TEM

1.04 Allow KSHS 500,000 for electrical works

works. ITEM 1TEM

Sub total carried forwad to the grand total page

 SUMMARY
Item Description AMOUNT (KSHS.
1 Total From Schedule NO1.

2 Allow for Project management 300,000

3 Allow for Contingencies 300,000

GRAND Total

Amount in words

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………

Tenderer’s name and Address

Signature ……………………………………..

Official stamp ……………………………………………………………………

Witness’ name …………………………………………………………………..

Signature …………………………………………………………………………

Date ………………………………………………………………………………..

46
 SECTION H

TECHNICAL SCHEDULE

OF

ITEMS TO BE SUPPLIED

47
 H-2

SECTION I

STANDARD FORMS

List of Standard Forms

1. Form of Invitation for Tenders

2. Letter of Acceptance

3. Form of Agreement

4. Form of Tender Security

5. Performance Bank Guarantee

6. Performance Bond

7. Bank Guarantee for Advance Payment

8. Qualification Information

9. Tender Questionnaire

10. Confidential Business Questionnaire

11. Details of Sub-Contractors

12. Request for Review Form

13. Self Declaration

NOTE:

Tenderers must duly fill these Standard Forms as a mandatory requirement as they will form part
the evaluation criteria.

50
 I1

FORM OF INVITATION FOR TENDERS

_______________________

To: _____________________________________
_____________________________________
_____________________________________
_____________________________________

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

tender 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.

51
Yours faithfully,
_____________________________________ Authorised Signature

_____________________________________ Name and Title

52
 LETTER OF ACCEPTANCE
[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

53
 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:

If after tender opening the tenderer withdraws his tender during the period of tender validity
specified in the instructions to tenderers
Or

If the tenderer, having been notified of the acceptance of his tender by the Employer 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 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]

54
 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
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.

SIGNATURE AND SEAL OF THE GUARANTOR ___________________

Name of Bank ____________________________________________

Address ________________________________________________

Date ______________________________________________________
(Amend accordingly if provided by Insurance Company)

55
 PERFORMANCE BOND

By this Bond, We__________________________________of (or whose registered office is

situated at]______________________________________
as Principal (hereinafter called “the Contractor”) and _________________
________________________________________of[or whose registered office is situated
at]___________________________________________________________
as Surety (hereinafter called “the Surety”), are held and firmly bound unto
_________________________________________________________________________of[or
whose registered office is situated
at]___________________________________________________________________
asObligee (hereinafter called “the Employer”) in the amount of
Kshs.______________________________[amount of Bond in figures]Kenya Shillings
____________________________________________________________
[amount of Bond in words], for the payment of which sum well and truly, the Contractor and the
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.

WHEREAS the Contractor has entered into a Contract with the Employer 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 the Employer to be, in default under the Contract, the
Employer having performed the Employer’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 the Employer for
completing the Contract in accordance with its terms and conditions, and upon
determination by the Employer 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 the Employer to the Contractor under the

56
 Contract, less the amount properly paid by the Employer to the Contractor; or

(3) pay the Employer the amount required by the Employer to complete the Contract in
accordance with its terms and conditions up to a total not exceeding the amount of this
Bond.
I6
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 the Employer named herein or the heirs, executors, administrators, successors and assigns of
the Employer.

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__________

SIGNED ON _________________________ SIGNED ON _____________________

On behalf of _________________________ On behalf of _____________________

[name of Contractor] [name of Surety]

By ___________________________________ By _____________________________

In the capacity of _____________________ In the capacity of ______________

In the presence of; Name _______________In the presence of;Name_________

Address__________________ Address__________________

__________________ ____________________

Signature_________________ Signature_________________

Date_____________________ Date_____________________

57
 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 of 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 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,

58
Signature and Seal __________________________________________________

Name of the Bank or financial institution ______________________________

I8

Address ______________________________________________________________

Date _________________________________________________________________

Witness: Name: ____________________________________________________

Address: __________________________________________________

Signature: ________________________________________________

Date: _____________________________________________________

59
 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 two years
Year Volume

Currency Value

1.3 Work performed as Main Contractor on works of a similar nature and volume
over the last five years. Also list details of work under way or committed,
including expected completion date.

Project name Name of client Type of work Value of

and contact performed and Contract
person year of
Completion

1.4 Major items of Contractor’s Equipment proposed for carrying out the Works. List
all information requested below.

Item of Description, Condition(new, Owned, leased

Equipment Make and age good, poor) and (from whom?), or
(years) number available to be purchased
(from whom?)
____________ ________________ _______________
____________ ________________ _______________
___(etc.) ____ ___

60
 1.5 Qualifications and experience of key personnel proposed for administration and
execution of the Contract. Attach biographical data.

Position Name Years of Years of experience

experience in proposed position
(general)
Project Manager
__________________
___________________

(etc.)

__________________________________________________________________
______________________________________________________________

1.6 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.
__________________________________________________________________
__________________________________________________________________
____________________________________________________________

1.7 Name, address and telephone, telex and facsimile numbers of banks that may
provide reference if contacted by the Employer.

______________________________________________________________________
______________________________________________________________________

1.8 Statement of compliance with the requirements of Clause 1.2 of the Instructions
to Tenderers.
________________________________________________________________
________________________________________________________________
____________________________________________

1.9 Proposed program (work method and schedule) for the whole of the Works.

61
2 Joint Ventures

2.0 The information listed in 1.1 - 2.0 above shall be provided for each partner of the
joint venture.

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;

b) 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

c) the execution of the entire Contract, including payment, shall be done exclusively
with the partner in charge.

62
 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 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)

63
 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

Business Name ………………………………………………………………………

Location of business premises; Country/Town……………………….

Plot No……………………………………… Street/Road …………………………

Postal Address……………………………… Tel No………………………………..

Nature of Business…………………………………………………………………..

Current Trade Licencee No…………………… Expiring date…………………

Maximum value of business which you can handle at any time: K. pound………………………..

Name of your bankers………………………………………………………………

Branch…………………………………………………………………………………

Part 2 (a) - Sole Proprietor

Your name in full…………………………………… Age…………………………

Nationality………………………………… Country of Origin…………………

Citizenship details …………………………………………………………………

Part 2 (b) - Partnership

Give details of partners as follows:

64
 Name in full Nationality Citizenship Details Shares
1 ……………………………………………………………………………………
2 ……………………………………………………………………………………
3 ……………………………………………………………………………………

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.

Failure to comply with this requirement may invalidate the tender.

(1) Portion of Works to be sublet: ………………………………

[i) Full name of Sub-contractor

and address of head office: ………………………………

………………………………

(ii) Sub-contractor’s experience

of similar works carried out
in the last 3 years with
Contract value: ………………………………

………………………………

………………………………

(2) Portion of Works to sublet: ………………………………

(i) Full name of sub-contractor

and address of head office: ………………………………

65
 (ii) Sub-contractor’s experience
of similar works carried out
in the last 3 years with
contract value: ………………………………

………………………………

____________________ _______________________
[Signature of Tenderer) Date

66
 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 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)

SIGNED FOR ACCOUNTING OFFICER

67
 MANUFACTURER’S AUTHORIZATION FORM

(To Be Submitted On Manufacturer’sLetterhead)

To:
The Chief Officer
Department of Trade

WHEREAS WE …………………………… (name of themanufacturer) who are established

and reputable manufacturers of …………………………
(name and description of the goods) having factories at ……………(full address and physical
location of factory where goods to be supplied are manufactured) do hereby
confirm that ………………………………………
(name and address of Supplier) is authorized by us to transact in the goods required against
your Tender ……………………………… (insert reference number and name of the
Tender) in respect of the above goods manufactured by us.

DATED THIS…………….. DAY OF……………………………….20……

___________________________________
Signature of duly authorised person for and on behalf of the Manufacturer.

__________________________________
Name and Capacity of duly authorised person signing on behalf of the Manufacturer

NOTES TO TENDERERS AND MANUFACTURERS

Only a competent person in the service of the Manufacturer should sign this letter of authority.
68
TENDER EVALUATION CRITERIA

After tender opening, the tenders will be evaluated in 3 stages, namely:

1. Determination of Responsiveness
2. Detailed Technical Examination
3. Financial Evaluation.

STAGE 1- DETERMINATION OF RESPONSIVENESS

A) PRELIMINARY EXAMINATION

This stage of evaluation shall involve examination of the pre-qualification conditions as set out
in the Tender Advertisement Notice or Letter of Invitation to Tender and any other conditions
stated in the bid document.

These conditions may include the following:

i) Category 7 of Registration with National Construction Authority in ELECTRICAL and

MECHANICAL.

ii) Single business permit with relevant county government authorities

iii) Valid Tax compliance certificate issued by Kenya Revenue Authority.

iv) Company certificate of incorporation / certificate of registration.

vi) Dully filled, signed and stamped Form of Tender.

vii) Provision of Bid Security as per the tender notice.

viii Any other conditions included in the advertisement notice/Invitation letter.

xi Proof of works of similar magnitude (attach Proof)

x Serializations of the document (paging of document)

xii Certified copy of CR12

Xiii Certified Renewed copy of practicing license with NCA as per the tender notice.

Xiv Dully filled, signed and stamped business questionnaire

Xv Pin Certificate
The employer may seek further clarification/confirmation if necessary to confirm
authenticity/compliance of any condition of the tender.

The tenderers who do not satisfy any of the above requirements shall be considered Non-
Responsive and their tenders will not be evaluated further.

Page 1 of 8
B) COMPLETENESS OF TENDER DOCUMENT

The tender document shall be examined based on the Instruction to Tenderers which states as
follows:

In accordance to Instructions to Tenderers, the tenderers will be required to provide evidence for
eligibility of the award of the tender by satisfying the employer of their eligibility and adequacy
of resources to effectively carry out the subject contract. The tenderers shall be required to fill
the Standards Forms provided for the purposes of providing the required information. The
tenderers may also attach the required information if they so desire.

The award of points for the STANDARD FORMS considered in this section shall be as shown
below:

PARAMETER MAXIMUM POINTS

(i) Statement of Compliance -------------------------------------------------------------- 3
(ii) Tender Questionnaire - ---------------------------------------------------------------- 5
(iii) Confidential business questionnaire--------------------------------------------------- 5
(iv) Key personnel - ------------------------------------------------------------------------- 20
(v) Contract Completed in the last Five (5) years - ------------------------------------- 15
(vi) Schedules of on-going projects ------------------------------------------------------- 10
(vii) Schedules of contractors equipment -------------------------------------------- ----- 10
(viii) Audited Financial Report for the last 3 years----------------------------- ---------- 10
(ix) Evidence of Financial Resources ---------------------------------------------------- 10
(x) Name, Address and Telephone of Banks (Contractor to provide) ---- ------------ 5
(xi) Litigation History------------------------------------------------------------------------- 2
(xii) Sanctity of the tender document as in accordance with clause 5
Of instruction to tenderer --------------------------------------------------------------- 5

TOTAL 100

Page 2 of 8
The detailed scoring plan shall be as shown in table 1 below: -

Item Description Point Max. Point

Scored
i Statement of Compliance 3
Filled signed and stamped-------------------------------3
Signed but not stamped or vice versa ---------------- 2
Not signed nor stamped -------------------------------- 0
ii Tender Questionnaire Form 5
Completely filled ---------------------------------------- 5
Partially filled -------------------------------------------- 3
Not filled ---------------------------------------------------0
iii Confidential Business Questionnaire Form. 5
Completely filled ----------------------------------------- 5
Partially filled --------------------------------------------- 3
Not filled --------------------------------------------------- 0
iv Key Personnel (Attach evidence) 20
Director of the firm 5
o Holder of degree or diploma in relevant Engineering
field----------------------------------------5
o Holder of certificate in relevant Engineering field-3
o Holder of trade test certificate in relevant Engineering
field----------------------------------------2
o No relevant certificate ---------------------------------0
At least 1No. degree/diploma holder of key personnel in 5
relevant Engineering field
o With over 10 years relevant experience ------------5
o With over 5 years relevant experience ------------ 3
o With under 5 years relevant experience ---------- 1
At least 2No certificate holder of key personnel in relevant 6
Engineering field
o With over 10 years relevant experience ---------- 3
o With over 5 years relevant experience ----------- 2
o With under 5 years relevant experience -----------1

Item Description Point Max. Point

Scored
At least 2No artisan (trade test certificate in relevant 4
Engineering field)
Artisan with over 10 years relevant experience.--------2

Page 3 of 8
 Artisan with under 10 years relevant experience ------ 1
Non skilled worker with over 10 years relevant experience --
---------------------------------------1
v Contract completed in the last five (5) years (A max of 15
5No.Projects) (attach evidence)
o Project of similar nature, complexity and magnitude ------
--------------------------------------------------3
o Project of similar nature but of lower value than the one in
consideration------------------------------- 2
o No completed project of similar nature ----------- 0
vi On-going projects (A max of 5No.Projects) (attach evidence) 10
o Project of similar nature, complexity and magnitude ------
------------------------------------------------- 2
o Project of similar nature but of lower value than the one in
consideration –------------------------------ 1
o No ongoing project of similar nature - --------------0
vii Schedules of contractors equipment and transport (attach 4 10
proof or evidence of ownership)
o Means of transport (Vehicle) ---------------------- 4
o No means of transport -------------------------------- 0
For each specific equipment required in the installation of the 6
work being tendered for.
(Maximum No. of equipment to be considered – 3No.) --2
Financial report 10
viii Audited financial report (last three (3) years)
o Annual turnover greater or equal to 5 times the cost of the
project ------------------------------------------ 10
o Annual turnover greater or equal to 3 times the cost of the
project------------------------------------------- 6
o Annual turnover greater or equal to the cost of the project
---------------------------------------------------4
o Turnover below the cost of the project ------ 2

Page 4 of 8
Item Description Point Max. Point
Scored
ix Evidence of Financial Resources (cash in hand, lines of 10
credit, over draft facility etc )
o Has financial resources equal or above the cost of the
project--------------------------------------------------10
o Has financial resources below the cost of the project -------
------------------------------------------------------5
o Has not indicated sources of financial resources ---0
x Name, Address and Telephone of Banks (Contractor to 5
provide)
o Provided ------------------------------------------------ 5
o Not provided ------------------------------------------- 0
xi Litigation History 2
o Filled ----------------------------------------------------2
o Not filled -----------------------------------------------0
xii Sanctity of the tender document 5
o Having the document intact
(not tampered with in any way) -------------------5
o Having mutilated or modified the tender document---------
--------------------------------------------------0
TOTAL 100

Any bidder who scores 60 points and above shall be considered for further evaluation

Page 5 of 8
STAGE 2 - TECHNICAL EVALUATION

A) COMPLIANCE WITH TECHNICAL SPECIFICATIONS

(For equipment)
In this section, the bid will be analyzed to determine compliance with General and Particular
technical specifications for the works as indicated in the tender document.

The tenderer shall fill in the Technical Schedule as specified in the tender document for
Equipment and Items indicating the Country of Origin, Model/Make/Manufacturer of the
Item/Equipment they propose to supply.

Where the Equipment proposed by the tenderer differs with the models specified in the tender
document, it is mandatory that the brochures/catalogues of the same be submitted with the tender
document highlighting the catalogues Numbers of the proposed items. Such
brochures/catalogues should indicate comprehensive relevant data of the proposed
equipment/items which should include but not limited to the following:
a) Standards of manufacture
b) Performance ratings/characteristics
c) Material of manufacture
d) Electrical power ratings and
e) Any other necessary requirements (Specify)
Following the above analyses, where the proposed equipment are found not to satisfy the
specifications, the tender will be deemed Non – Responsive and will not be evaluated
further.

B) DETAILED TECHNICAL EXAMINATION

The detailed scoring plan shall be as shown in table 2 below:

TABLE 2
Item Description Score Max. score
i Tender rates (The average of tender sums of the bidders less PCs 30
Sums and contingency shall be worked out. The deviation of bidders
tender Sum from the average shall then be worked out as a percentage
of the average and score allocated as follow:- )
o Deviation of between 0% to 5% --------------------------- 30
o Deviation of between 5% to 10% --------------------------- 25
o Deviation of between 10% to 15% ---------------------------20
Page 6 of 8
 o Deviation of between 15% to 20% ---------------------------15
o Deviation of between 20% to 25% --------------------------- 10
o Deviation of between 25% to 30% --------------------------- 5
o Deviation of above 30% -------------------------------------- 2
ii Technical schedule 40
o Relevant Manufacturer Brochures for items in the technical
schedule with
equipments to be supplied highlighted and meets specification
(Where alternative are to supplied-------------------=----- 40
or
o Completely filled Technical Schedule indicating Brand,
Model/ Country of origin as per specification in the tender-------
------------------------------------------- 40

o Relevant Manufacturer Brochures for items in the technical

schedule with equipments to be supplied not highlighted but
within range of those specified and meets specifications ---------
------------------------------------------ 30
or
o Completely filled Technical Schedule indicating items as
specified in the tender but with about 75% of technical data left
out ----------------------------------------------30

o Relevant Manufacturer Brochures for less than 50% of items in

the technical schedule with equipments to be supplied
highlighted and meets specifications------------- 20
or
o About 50% of Technical Schedule filled indicating Brand,
Model/Country of origin for the items considered as specified in
the tender ------------------------20

No technical data provided, either in form of brochures or filling of

Technical Schedule. ----------------------------------------------------- 0

TOTAL 70
For a bidder to be deemed technically responsive they must score 40 points and above
based on the above scoring plan. For bidders in building and civil works they will be
deemed technically responsive if they score 15 points out of 30 points. Any tenderer
whose tender figure is deemed to be unreasonably too high or unreasonably too low shall
not be included during the tabulation of the averages of the tender sum.

STAGE 3 - FINANCIAL EVALUATION

The evaluation shall be in two sections

1. Preliminary examinations and
2. Tender sum Comparisons

1. PRELIMINARY EXAMINATIONS

The preliminary examination in the Financial Evaluation shall be in accordance with Instruction
to Tenderers.
Page 7 of 8
The parameter to be considered under this section includes the following:

a) Arithmetic errors
The bid shall be checked for arithmetic errors based on the rates and the total sums
indicated in the bills of quantities.

b) Confirmation shall be sought in writing from the tenderers whose tender sums will be
determined to have a significant arithmetic error to their disadvantage, to confirm
whether they stand by their tender sums. The error shall be treated as per the
Instructions to Tenderers.

Non compliance with the above shall lead to automatic disqualification from further
evaluation.

Discount if any shall be treated as an error in pursuant to the Instructions to Tenderers

2. TENDER SUM COMPARISONS

The evaluation team shall compare the prices offered by the tenderers and the financial scores
(Fs) will be determined using the formulae bellow. The financial score will be allocated a
maximum of 30%.

Fs = 30 x Fm/F

Where Fs is the financial score, Fm is the lowest priced responsive financial bid and F is the
price of the bid under consideration

Page 8 of 8