TENDER DOCUMENT FOR KIGANJO DISPENSARY Neg No. 877295
TENDER DOCUMENT FOR KIGANJO DISPENSARY Neg No. 877295
TENDER DOCUMENT FOR KIGANJO DISPENSARY Neg No. 877295
FEBRUARY, 2021
1
Table of Contents
SECTION I INVITATION TO TENDER ....................................................................................................... 4
SECTION II: INSTRUCTIONS TO TENDERERS ..................................................................................... 5
Appendix to Instructions to Tenderers ................................................................................... 17
TENDER EVALUATION CRITERIA .....................................................................................................18
SECTION III CONDITIONS OF CONTRACT ..................................................................................... 24
SECTION IV – APPENDIX TO CONDITIONS OF CONTRACT ................................................................... 46
SECTION V – STANDARD FORM .................................................................................................................. 49
SECTION VI - SPECIFICATIONS .............................................................................................................77
SECTION VII - DRAWINGS ..................................................................................................................... 79
SECTION VIII - BILL OF QUANTITIES ........................................................................................................80
2
INTRODUCTION
1.1 This standard tender document for procurement of works has been prepared for use
by procuring entities in Kenya in the procurement of works (i.e. Buildings and
associated Civil Engineering Works).
1.2 The following guidelines should be observed when using the document:-
(a) Specific details should be furnished in the Invitation to tender and in thespecial
conditions of contract (where applicable). The tender document issued to
tenderers should not have blank spaces or options.
(b) The instructions to tenderers and the General Conditions of Contract should remain
unchanged. Any necessary amendments to these parts should be made through
Appendix to instructions to tenderers and special conditions of contract
respectively.
1.3
(b) Information contained in the invitation to tender shall conform to the data and
information in the tender documents to enable prospective tenderers to decide
whether or not to participate in the tender and shall indicate any important tender
requirements
I. Tender number.
II. Tender name.
III. Name of procuring entity.
IV. Delete name and address of PPOA.
3
SECTION I - INVITATION FOR TENDERS
NOTE: The system will automatically lock out at the date & time of tender closing indicated in the IFMIS portal. The
tenderers are advised to familiarize themselves with the site. Manual submissions shall not be acceptable in this e-
tendering and therefore no physical opening of the tenders
Chief Officer
Department of Health Services
P.O Box 701-20303,
Ol’ Kalou
4
SECTION II: INSTRUCTIONS TO TENDERERS
CLAUSE PAGE
1. General …………………………………………………. 6
5
INSTRUCTIONS TO TENDERERS
1.1 The Employer as defined in the Appendix to Conditions of Contract invites tenders for
Works Contract as described in the tender documents. The successful tenderer will
be expected to complete the Works by the Intended Completion Date specified in the
tender documents.
1.2 All tenderers shall provide the Qualification Information, a statement that the tenderer
(including all members of a joint venture and subcontractors) is not associated, or has
not been associated in the past, directly or indirectly, with the Consultant or any other
entity that has prepared the design, specifications, and other documents for the
project or being proposed as Project Manager for the Contract. A firm that has been
engaged by the Employer to provide consulting services for the preparation or
supervision of the Works, and any of its affiliates,shall not be eligible to tender.
1.3 All tenderers shall provide in the Form of Tender and Qualification Information, a
preliminary description of the proposed work method and schedule, including
drawings and charts, as necessary.
1.4 In the event that pre-qualification of potential tenderers has been undertaken, only
tenders from pre-qualified tenderers will be considered for award of Contract. These
qualified tenderers should submit with their tenders any information updating their
original pre-qualification applications or, alternatively, confirm in their tenders that
the originally submitted pre-qualification information remains essentially correct as of
the date of tender submission.
1.5 Where no pre-qualification of potential tenderers has been done, all tenderers shall
include the following information and documents with their tenders , unless otherwise
stated:
(a) copies of original documents defining the constitution or legal status, place of
registration, and principal place of business; written power of attorney of the
signatory of the tender to commit the tenderer:
(b) total monetary value of construction work performed for each of the last five
years:
(c) experience in works of a similar nature and size for each of the last five years,
and details of work under way or contractually committed; and names and
addresses of clients who may be contacted for further information on these
contracts;
(d) major items of construction equipment proposed to carry out the Contract and
an undertaking that they will be available for the Contract.
6
(e) qualifications and experience of key site management and technical personnel
proposed for the Contract and an undertaking that they shall be available for the
Contract.
(f) reports on the financial standing of the tenderer, such as profit and loss
statements and auditor’s reports for the past five years;
(g) evidence of adequacy of working capital for this Contract (access to line(s) of
credit and availability of other financial resources);
(i) information regarding any litigation, current or during the last five years, in
which the tenderer is involved, the parties concerned and disputed amount; and
(j) proposals for subcontracting components of the Works amounting to more than
10 percent of the Contract Price.
1.6 Tenders submitted by a joint venture of two or more firms as partners shall comply
with the following requirements, unless otherwise stated:
(a) the tender shall include all the information listed in clause 1.5
above for each joint venture partner;
(c) all partners shall be jointly and severally liable for the execution
of the Contract in accordance with the Contract terms;
1.7 To qualify for award of the Contract, tenderers shall meet the following minimum
qualifying criteria;
(a) annual volume of construction work of at least 2.5 times the estimated annual
cashflow for the Contract;
7
(d) proposals for the timely acquisition (own, lease, hire, etc.) of the essential
equipment listed as required for the Works;
(e) a Contract manager with at least five years’ experience in works of an equivalent
nature and volume, including no less than three years as Manager; and
(f) liquid assets and/or credit facilities, net of other contractual commitments and
exclusive of any advance payments which may be made under the Contract, of no
less than 4 months of the estimated payment flow under this Contract.
1.8 The figures for each of the partners of a joint venture shall be added together to
determine the tenderer’s compliance with the minimum qualifying criteria of clause
1.7 (a) and (e); however, for a joint venture to qualify, each of its partners must meet
at least 25 percent of minimum criteria 1.7 (a), (b) and (e) for an individual tenderer,
and the partner in charge at least 40 percent of those minimum criteria. Failure to
comply with this requirement will result in rejection of the joint venture’s tender.
Subcontractors’ experience and resources will not be taken into account indetermining
the tenderer’s compliance with the qualifying criteria, unless otherwise stated.
1.9 Each tenderer shall submit only one tender, either individually or as a partner in a joint
venture. A tenderer who submits or participates in more than one tender (other than
as a subcontractor or in cases of alternatives that have been permittedor requested)
will cause all the proposals with the tenderer’s participation to be disqualified.
1.10 The tenderer shall bear all costs associated with the preparation and submission of his
tender, and the Employer will in no case be responsible or liable for those costs.
1.11 The tenderer, at the tenderer’s own responsibility and risk, is encouraged to visit and
examine the Site of the Works and its surroundings, and obtain all information that
may be necessary for preparing the tender and entering into a contract for construction
of the Works. The costs of visiting the Site shall be at the tenderer’s own expense.
1.12 The procuring entity’s employees, committee members, board members and their
relative (spouse and children) are not eligible to participate in the tender.
1.13 The price to be changed for the tender document shall not exceed Kshs.5,000/=
1.14 The procuring entity shall allow the tenderer to review the tender document free of
charge before purchase.
2. Tender Documents
2.1 The complete set of tender documents comprises the documents listed below and
any addenda issued in accordance with Clause 2.4.
8
(c) Conditions of Contract
(d) Appendix to Conditions of Contract
(e) Specifications
(f) Drawings
(g) Bills of Quantities
(h) Forms of Securities
2.2 The tenderer shall examine all Instructions, Forms to be filled and Specifications in
the tender documents. Failure to furnish all information required by the tender
documents, or submission of a tender not substantially responsive to the tendering
documents in every respect will be at the tenderer’s risk and may result in rejection
of his tender.
2.3 A prospective tenderer making an inquiry relating to the tender documents may notify
the Employer in writing or by cable, telex or facsimile at the address indicated in the
letter of invitation to tender. The Employer will only respond to requests for
clarification received earlier than seven days prior to the deadline for submission of
tenders. Copies of the Employer’s response will be forwarded to all persons issued with
tendering documents, including a description of the inquiry, but without identifying
its source.
2.4 Before the deadline for submission of tenders, the Employer may modify the tendering
documents by issuing addenda. Any addendum thus issued shall be part of the
tendering documents and shall be communicated in writing or by cable, telex or
facsimile to all tenderers. Prospective tenderers shall acknowledge receipt of each
addendum in writing to the Employer.
2.5 To give prospective tenderers reasonable time in which to take an addendum into
account in preparing their tenders, the Employer shall extend, as necessary, the
deadline for submission of tenders, in accordance with Clause 4.2 here below.
3. Preparation of Tenders
3.1 All documents relating to the tender and any correspondence shall be in English
language.
3.2 The tender submitted by the tenderer shall comprise the following:
9
(f) Any other materials required to be completed and submitted by the tenderers.
3.3 The tenderer shall fill in rates and prices for all items of the Works described in the Bill
of Quantities. Items for which no rate or price is entered by the tenderer will not be
paid for when executed and shall be deemed covered by the other rates and prices in
the Bill of Quantities. All duties, taxes, and other levies payable by the Contractor
under the Contract, or for any other cause relevant to the Contract, as of 30 days prior
to the deadline for submission of tenders, shall be included in the tender price
submitted by the tenderer.
3.4 The rates and prices quoted by the tenderer shall only be subject to adjustment during
the performance of the Contract if provided for in the Appendix to Conditions of
Contract and provisions made in the Conditions of Contract.
3.6 Tenders shall remain valid for a period of sixty (60) days from the date of submission.
However in exceptional circumstances, the Employer may request that the tenderers
extend the period of validity for a specified additional period. The request and the
tenderers’ responses shall be made in writing. A tenderer may refuse the request
without forfeiting the Tender Security. A tenderer agreeing to the request will not be
required or permitted to otherwise modify the tender, but will be required to extend
the validity of Tender Security for the period of the extension, and in compliance with
Clause 3.7 - 3.11 in all respects.
3.7 The tenderer shall furnish, as part of the tender, a Tender Security in the amount and
form specified in the appendix to invitation to tenderers. This shall be in the amount
not exceeding 2 percent of the tender price
3.8 The format of the Tender Security should be in accordance with the form of Tender
Security included in Section G - Standard forms or any other form acceptable to the
Employer. Tender Security shall be valid for 30 days beyond the validity of thetender.
3.9 Any tender not accompanied by an acceptable Tender Security shall be rejected.
The Tender Security of a joint venture must define as “Tenderer” all joint venture
partners and list them in the following manner: a joint venture consisting
of”…………”,”…………”,and “… ......... ”.
3.10 The Tender Securities of unsuccessful tenderers will be returned within 28 days of
the end of the tender validity period specified in Clause 3.6.
3.11 The Tender Security of the successful tenderer will be discharged when the tenderer
has signed the Contract Agreement and furnished the required Performance Security.
(a) if the tenderer withdraws the tender after tender opening during the period of
tender validity;
10
(b) if the tenderer does not accept the correction of the tender price, pursuant to
Clause 5.7;
(c) in the case of a successful tenderer, if the tenderer fails within the specified
time limit to
3.13 Tenderers shall submit offers that comply with the requirements of the tendering
documents, including the basic technical design as indicated in the Drawings and
Specifications. Alternatives will not be considered, unless specifically allowed in the
invitation to tender. If so allowed, tenderers wishing to offer technical alternatives to
the requirements of the tendering documents must also submit a tender that complies
with the requirements of the tendering documents, including the basictechnical design
as indicated in the Drawings and Specifications. In addition to submitting the basic
tender, the tenderer shall provide all information necessary fora complete evaluation
of the alternative, including design calculations, technical specifications, breakdown
of prices, proposed construction methods and other relevant details. Only the technical
alternatives, if any, of
the lowest evaluated tender conforming to the basic technical requirements shall be
considered.
3.14 The tenderer shall prepare one original of the documents comprising the tender
documents as described in Clause 3.2 of these Instructions to Tenderers, bound with
the volume containing the Form of Tender,
and clearly marked “ORIGINAL”. In addition, the tenderer shall submit copies of the
tender, in the number specified in the invitation to tender, and clearly marked as
“COPIES”. In the event of discrepancy between them, the original shall prevail.
3.15 The original and all copies of the tender shall be typed or written in indelible ink and
shall be signed by a person or persons duly authorised to sign on behalf of the tenderer,
pursuant to Clause 1.5 (a) or 1.6 (b), as the case may be. All pages of the tender where
alterations or additions have been made shall be initialled by the person or persons
signing the tender.
3.17 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.
3.18 The tender security shall be in the amount of 0.5 – 2 per cent of the tender price.
4. Submission of Tenders
11
4.1 The tenderer shall seal the original and all copies of the tender in two inner envelopes
and one outer envelope, duly marking the inner envelopes as “ORIGINAL” and “COPIES”
as appropriate. The inner and outer envelopes shall:
(b) bear the name and identification number of the Contract as defined in the
invitation to tender; and
(c) provide a warning not to open before the specified time and date for tender
opening.
4.2 Tenders shall be delivered to the Employer at the address specified above not later than
the time and date specified in the invitation to tender. However, the Employer may
extend the deadline for submission of tenders by issuing an amendment in accordance
with Sub-Clause 2.5 in which case all rights and obligations of the Employer and the
tenderers previously subject to the original deadline will then be subject to the new
deadline.
4.3 Any tender received after the deadline prescribed in clause 4.2 will be returned to
the tenderer un-opened.
4.4 Tenderers may modify or withdraw their tenders by giving notice in writing before
the deadline prescribed in clause 4.2. Each tenderer’s modification or withdrawal
notice shall be prepared, sealed, marked,
and delivered in accordance with clause 3.13 and 4.1, with the outer and inner
envelopes additionally marked “MODIFICATION” and “WITHDRAWAL”, as appropriate.
No tender may be modified after the deadline for submission of tenders.
4.6 Tenderers may only offer discounts to, or otherwise modify the prices of their tenders
by submitting tender modifications in accordance with Clause 4.4 or beincluded in the
original tender submission.
5.1 The tenders will be opened by the Employer, including modifications made pursuant
to Clause 4.4, in the presence of the tenderers’ representatives who choose to attend at
the time and in the place specified in the invitation to tender. Envelopes marked
“WITHDRAWAL” shall be opened and read out first. Tenderers’ and Employer’s
representatives who are present during the opening shall sign a register evidencing
their attendance.
12
5.2 The tenderers’ names, the tender prices, the total amount of each tender and of any
alternative tender (if alternatives have been requested or permitted), any discounts,
tender modifications and withdrawals, the presence or absence of Tender Security, and
such other details as may be considered appropriate, will be announced by the
Employer at the opening. Minutes of the tender opening, including the information
disclosed to those present will be prepared by the Employer.
5.4 To assist in the examination, evaluation, and comparison of tenders, the Employer
at his discretion, may ask any tenderer for clarification of the tender, including
breakdowns of unit rates. The request for clarification and the response shall be in
writing or by cable, telex or facsimile but no change in the price or substance of the
tender shall be sought, offered, or permitted except as required to confirm the
correction of arithmetic errors discovered in the evaluation of the tenders in
accordance with Clause 5.7.
5.5 Prior to the detailed evaluation of tenders, the Employer will determine whether each
tender (a) meets the eligibility criteria defined
in Clause 1.7;(b) has been properly signed; (c) is accompanied by the required
securities; and (d) is substantially responsive to the requirements of the tendering
documents. A substantially responsive tender is one which conforms to all the terms,
conditions and specifications of the tendering documents, without material deviation
or reservation. A material deviation or reservation is one (a) which affects in any
substantial way the scope, quality, or performance of the works; (b) which limits in any
substantial way, inconsistent with the tendering documents, the Employer’s rights or
the tenderer’s obligations under the Contract; or (c) whoserectification would affect
unfairly the competitive position of other tenderers presenting substantially
responsive tenders.
5.6 If a tender is not substantially responsive, it will be rejected, and may not subsequently
be made responsive by correction or withdrawal of the nonconforming deviation or
reservation.
5.7 Tenders determined to be substantially responsive will be checked for any arithmetic
errors. Errors will be corrected as follows:
(a) where there is a discrepancy between the amount in figures and the amount in
words, the amount in words will prevail; and
(b) where there is a discrepancy between the unit rate and the line item total
resulting from multiplying the unit rate by the quantity, the unit rate as quoted
will prevail, unless in the opinion of the Employer, there is an obvious
typographical error, in which case the adjustment will be made to the entry
containing that error.
13
(c) In the event of a discrepancy between the tender amount as stated in the Form
of Tender and the corrected tender figure in the main summary of theBill of
Quantities, the amount as stated in the Form of Tender shall prevail.
(d) The Error Correction Factor shall be computed by expressing the difference
between the tender amount and the corrected tender sum as a percentage of the
corrected Builder’s Work (i.e. Corrected tender sum less P.C. and Provisional
Sums)
(e) The Error Correction Factor shall be applied to all Builder’s Work (as a rebate or
addition as the case may be) for the purposes of valuations for Interim
Certificates and valuation of variations.
(f) the amount stated in the tender will be adjusted in accordance with the above
procedure for the correction of errors and, with
concurrence of the tenderer, shall be considered as binding upon the tenderer.
If the tenderer does not accept the corrected amount, the tender may be rejected
and the Tender Security may be forfeited in accordance with clause 3.11.
5.8 The Employer will evaluate and compare only the tenders determined to be
substantially responsive in accordance with Clause 5.5.
5.9 In evaluating the tenders, the Employer will determine for each tender the evaluated
tender price by adjusting the tender price as follows:
(b) excluding provisional sums and the provision, if any, for contingencies in the Bill
of Quantities, but including Dayworks where priced competitively.
5.10 The Employer reserves the right to accept or reject any variation, deviation, or
alternative offer. Variations, deviations, and alternative offers and other factors which
are in excess of the requirements of the tender documents or otherwise result in
unsolicited benefits for the Employer will not be taken into account in tender
evaluation.
5.11 The tenderer shall not influence the Employer on any matter relating to his tender
from the time of the tender opening to the time the Contract is awarded. Any effort
by the Tenderer to influence the Employer or his employees in his decision on tender
evaluation, tender comparison or Contract award may result in the rejection of the
tender.
14
5.12 Firms incorporated in Kenya where indigenous Kenyans own 51% or more of the share
capital shall be allowed a 10% preferential bias provided that they do not sub- contract
work valued at more than 50% of the Contract Price excluding Provisional Sums to an
non-indigenous sub-contractor.
6. Award of Contract
6.1 Subject to Clause 6.2, the award of the Contract will be made to the tenderer whose
tender has been determined to be substantially
responsive to the tendering documents and who has offered the lowest evaluated
tender price, provided that such tenderer has been determined to be (a) eligible in
accordance with the provision of Clauses 1.2, and (b) qualified in accordance with the
provisions of clause 1.7 and 1.8.
6.2 Notwithstanding clause 6.1 above, the Employer reserves the right to
accept or reject any tender, and to cancel the tendering process and reject all tenders,
at any time prior to the award of Contract, without thereby incurring any liability to
the affected tenderer or tenderers or any obligation to inform the affected tenderer or
tenderers of the grounds for the action.
6.3 The tenderer whose tender has been accepted will be notified of the award prior to
expiration of the tender validity period in writing or by cable, telex or facsimile. This
notification (hereinafter and in all Contract documents called the “Letter of
Acceptance”) will state the sum (hereinafter and in all Contract documents called the
“Contract Price”) that the Employer will pay the Contractor in consideration ofthe
execution, completion, and maintenance of the Works by the Contractor as prescribed
by the Contract. At the same time the other tenderers shall be informed that their
tenders have not been successful.
6.4 The Agreement will incorporate all agreements between the Employer and the
successful tenderer. Within 14 days of receipt the successful tenderer will sign the
Agreement and return it to the Employer.
6.5 Within 21 days after receipt of the Letter of Acceptance, the successful tenderer shall
deliver to the Employer a Performance Security in the amount stipulated in the
Appendix to Conditions of Contract and in the form stipulated in the Tender
documents. The Performance Security shall be in the amount and specified form
6.6 Failure of the successful tenderer to comply with the requirements of clause 6.5
shall constitute sufficient grounds for cancellation of the award and forfeiture of the
Tender Security.
6.7 Upon the furnishing by the successful tenderer of the Performance Security, the
Employer will promptly notify the other tenderers that their tenders have been
unsuccessful.
15
6.8 Preference where allowed in the evaluation of tenders shall not be allowed for contracts
not exceeding one year (12 months)
6.9 The tender evaluation committee shall evaluate the tender within 30 days of the
validity period from the date of opening the tender.
6.10 The parties to the contract shall have it signed within 30 days from the date of
notification of contract award unless there is an administrative review request.
6.11 Contract price variations shall not be allowed for contracts not exceeding one year
(12 months)
6.12 Where contract price variation is allowed, the valuation shall not exceed 15% of the
original contract price.
6.13 Price variation request shall be processed by the procuring entity within 30 days of
receiving the request.
6.14 The procuring entity may at any time terminate procurement proceedings before
contract award and shall not be liable to any person for the termination.
6.15 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.
6.16 A tenderer who gives false information in the tender document about itsqualification
or who refuses to enter into a contract after notification of contract award shall be
considered for debarment from participating in future public procurement.
7.1 The procuring entity requires that tenderers observe the highest standards of ethics
during procurement process and execution of contracts. A tenderer shall sign a
declaration that he has not and will not be involved in corrupt and fraudulent practices.
16
Appendix to Instructions to Tenderers
The following information regarding the particulars of the tender shall complement supplement or amend the
provisions of the instructions to tenderers. Wherever there is a conflict between the provision of the instructions to
tenderers and the provisions of the appendix, the provisions of the appendix herein shall prevail over those of the
instructions to tenderers
17
TENDER EVALUATION CRITERIA
1. Determination of Responsiveness
2. Financial Evaluation
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.
2. Attach a copy of Valid Tax Compliance Certificate (The expiry datefor the tax compliance must be
beyond the latest date for submission oftenders)
3. Attach a copy of Valid Category of Registration with National Construction Authority in General
Building Works NCA6 and above (Tenderers must attachthe NCA registration certificate and NCA
annual Practicing license)
4. Attach scanned Original copy of the Bid Bond (Tender Security) of Kes.50, 000.00 issued by a recognized
bank in Kenya or a guarantee by an insurance company registered and licensed by the Insurance
Regulatory Authority listed by the Public Procurement Regulatory Authority. The validity period should
be 150days from the date of tender closing.
6. Attach duly filled, signed and stamped Self Declaration Forms (SD1 AND SD2).
8. Provide written power of attorney of the signatory of the tender to commit the tenderer
10. Provide a written statement indicating the litigation history of the tenderer
18
NOTE: Copies of all the above documents MUST be provided for a firm to be qualified to
proceed to the next level of evaluation.
Note:
1. A tenderer whose tender does not indicate categories of registration with National
Construction Authority for all the sub-contractors for Specialist Services in the tender shall
be disqualified
3. Bidders MUST sequentially serialise all pages of their bid document submitted
4. The tenderer must maintain the sactity of the tender documents; i.e it must not be tampered
with or corrections and additions made to it
Further, a tenderer must fill-in, sign and stamp the following statement of compliance failure to which
his/her tender shall be treated as non-responsive and therefore subject to automatic disqualification:
Statement of Compliance
i) I/We confirmthat non of my/our on-goingprojects are behind schedule without valid
reasons or approved extension of time;
ii) I/We confirmthat I/We have not been issued with a default notice on anyof my/our on-going projects
iii) I/We havethe capacityto carry out the worksin this tender despite thenumber of on-going projects
I/We are undertaking
iv) I/ We declare that we shall not engage in any corrupt or fraudulent practice in pursuantof this
tender or any tender issued by the procuring entity and that I/we or any of my/ our subcontractor
have not been debarred from participating in procurement proceedings.
In the Capacity of
19
The tenderers who do not satisfy any of the above requirements shall be considered Non-
responsive and their tenders will not be evaluated further.
20
B. COMPLETENESS OF TENDER DOCUMENT
The tenderdocument shall be examined basedonclause 2.2 of the Instruction to Tenderers which
states as follows:
In accordance with clause 2.2 of Instruction 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 under
sub clause 2.1 of Instruction to Tenderers and adequacy of resources to effectivelycarryoutthe
subject contract. Thetenderers shall be required to fill the Standards Forms provided for the purposes
of providing the requiredinformation. The tenderersmayalso attachtherequiredinformation if they so
desire.
The award of pointsfor the STANDARDFORMSconsidered inthis section shall be as shown below
TOTAL 100
21
At least 2 No. artisan (trade test
certificate in Building Course
o Artisan with over 10 years relevant Experience .5
o Artisan with under 10 years relevant experience 3
o Non skilled worker with over 10 years relevant
experience ….. 2
5
ii. Contract completed in the last 5 years (A maxof 5 No.projects)
vi. Evidence of Financial Resources (cash in hand, lines of credit, over draft
facility, etc.). Evidence of Financial Resources (cash in hand, lines of 10
credit, overdraft facility, etc.) Attach a letter of authority to seek reference
from tenderer’s Bank.
22
vii. Work plan indicating key milestones, contract mobilization plan and
quality control mechanisms
o Provided............................................ 10 10
o Not provided ................................................. 0
TOTAL 100
NOTE: For a tenderer to qualify for further evaluation, they must meet a minimum score of 70 points to proceed
to financial evaluation.
Validity and reliability of documents attached is subject to confirmation by the evaluation committee
PRELIMINARY EXAMINATIONS
The preliminary examination in the Financial Evaluation shall be in accordance with Clause 6 of
Instruction to Tenderers.
1. ARITHMETIC ERRORS
The bid shall be checked for arithmetic errors based on the rates and the total sums indicated inthe
Bills of Quantities.
Any errors in the submitted tender arising from a miscalculation of unit price, quantity, subtotal and total bid
price shall be considered as a major deviation that affects the substance of the tender and shall lead to
disqualification of the tender as non-responsive.
COMPARISONS OF RATES
The evaluation committee will compare rates from different bidders and note consistencyof rates
and front loading. The evaluation committee will judge and make an appropriate decision giving
evidence.
RECOMMENDATION
The lowest evaluated substantially responsive bidder whose financial bid is competitive and
consistent will berecommended for award.
23
SECTION III CONDITIONS OF CONTRACT
Table of Contents
1 Definitions …………………………………………………
2 Interpretation………………………………………………
3 Language and Law …………………………………………
4 Project Manager’s Decisions………………………………
5 Delegation…………………………………………………
6 Communications …………………………………………
7 Sub Contracting …………………………………………
8 Other Contractors ………………………………………
9 Personnel …………………………………………………
10 Works………………………………………………………
11 Safety and temporary works ………………………………
12 Discoveries …………………………………………………
13 Work Programme …………………………………………
14 Possession of site …………………………………………
15 Access to site ……………………………………………
16 Instructions ………………………………………………
17 Extension or Acceleration of completion date …………
18 Management Meetings …………………………………
19 Early Warning ……………………………………………
20 Defects ……………………………………………………
21 Bills of Quantities …………………………………………
22 Variations …………………………………………………
23 Payment certificates, currency of payments and
Advance Payments ………………………………………
24 Compensation events ……………………………………
25 Price Adjustment …………………………………………
26 Retention …………………………………………………
27 Liquidated Damages………………………………………
28 Securities …………………………………………………
24
29 Day Works ………………………………………………
30 Liability and Insurance ……………………………………
31 Completion and taking over ………………………………
32 Final Account ……………………………………………
33 Termination ………………………………………………
34 Payment upon termination …………………………………
35 Release from performance …………………………………
36 Corrupt gifts and payments of commission ………………
37 Settlement of Disputes ………………………………………
25
CONDITIONS OF CONTRACT
1. Definitions
1.1 In this Contract, except where context otherwise requires, the following terms shall
be interpreted as indicated;
“Bill of Quantities” means the priced and completed Bill of Quantities forming part of
the tender.
“The Completion Date” means the date of completion of the Works as certified by the
Project Manager, in accordance with Clause 31.
“The Contract” means the agreement entered into between the Employer and the
Contractor as recorded in the Agreement Form and signed by the parties including
all attachments and appendices thereto and all documents incorporated by reference
therein to execute, complete, and maintain the Works,
“The Contractor” refers to the person or corporate body w`hose tender to carry out the
Works has been accepted by the Employer.
“The Contract Price” is the price stated in the Letter of Acceptance and thereafter as
adjusted in accordance with the provisions of the Contract.
“A Defect” is any part of the Works not completed in accordance with the Contract.
“The Defects Liability Certificate” is the certificate issued by Project Manager upon
correction of defects by the Contractor.
“The Defects Liability Period” is the period named in the Contract Data and calculated
from the Completion Date.
“Dayworks” are Work inputs subject to payment on a time basis for labour and the
associated materials and plant.
“Equipment” is the Contractor’s machinery and vehicles brought temporarily to the Site
for the execution of the Works.
“The Intended Completion Date” is the date on which it is intended that the Contractor
shall complete the Works. The Intended Completion Date may be revised only by the
Project Manager by issuing an extension of time or an acceleration order.
“Materials” are all supplies, including consumables, used by the Contractor for
incorporation in the Works.
“Plant” is any integral part of the Works that shall have a mechanical, electrical,
chemical, or biological function.
“Project Manager” is the person named in the Appendix to Conditions of Contract (or
any other competent person appointed by the Employer and notified to the Contractor,
to act in replacement of the Project Manager) who is responsible for supervising the
execution of the Works and administering the Contract and shall be an “Architect” or
a “Quantity Surveyor” registered under the Architects and Quantity Surveyors Act Cap
525 or an “Engineer” registered under Engineers Registration Act Cap 530.
“Site Investigation Reports” are those reports that may be included in the tendering
documents which are factual and interpretative about the surface and subsurface
conditions at the Site.
“Specifications” means the Specifications of the Works included in the Contract and any
modification or addition made or approved by the Project Manager.
“Start Date” is the latest date when the Contractor shall commence execution of the
Works. It does not necessarily coincide with the Site possession date(s).
“A Subcontractor” is a person or corporate body who has a Contract with the Contractor
to carry out a part of the Work in the Contract, which includes Work on the Site.
“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 Project Manager which varies the Works.
“The Works” are what the Contract requires the Contractor to construct, install, and turnover
to the Employer, as defined in the Appendix to Conditions of Contract.
27
2. Interpretation
2.1 In interpreting these Conditions of Contract, singular also means plural, male also
means female or neuter, and the other way around. Headings have no significance.
Words have their normal meaning in English Language unless specifically defined. The
Project Manager will provide instructions clarifying queries about these Conditions of
Contract.
2.3 The following documents shall constitute the Contract documents and shall be
interpreted in the following order of priority;
(1) Agreement,
(6) Specifications,
(7) Drawings,
28
3.1 Language of the Contract and the law governing the Contract shall be English language
and the Laws of Kenya respectively unless
otherwise stated.
4.1 Except where otherwise specifically stated, the Project Manager will decide contractual
matters between the Employer and the Contractor in the role representing the
Employer.
5 Delegation
5.1 The Project Manager may delegate any of his duties and responsibilities to others after
notifying the Contractor.
6 Communications
6.1 Communication between parties shall be effective only when in writing. A notice shall
be effective only when it is delivered.
7 Subcontracting
7.1 The Contractor may subcontract with the approval of the Project Manager, but may
not assign the Contract without the approval of the Employer in writing.
Subcontracting shall not alter the Contractor’s obligations.
8 Other Contractors
8.1 The Contractor shall cooperate and share the Site with other contractors, public
authorities, utilities etc. as listed in the Appendix to Conditions of Contract and also
with the Employer, as per the directions of the Project Manager. The Contractor shall
also provide facilities and services for them. The Employer may modify thesaid List
of Other Contractors etc., and shall notify the Contractor of any such modification.
9 Personnel
9.1 The Contractor shall employ the key personnel named in the Qualification
Information, to carry out the functions stated in the said Information or other
personnel approved by the Project Manager. The Project Manager will approve any
proposed replacement of key personnel only if their relevant qualifications and
abilities are substantially equal to or better than those of the personnel listed in the
Qualification Information. If the Project Manager asks the Contractor to remove a
person who is a member of the Contractor’s staff or work force, stating the reasons, the
Contractor shall ensure that the person leaves the Site within seven days and has no
further connection with the Work in the Contract.
29
10 Works
30
10.1 The Contractor shall construct and install the Works in accordance with the
Specifications and Drawings. The Works may commence on the Start Date and shall
be carried out in accordance with the Program submitted by the Contractor, as updated
with the approval of the Project Manager, and complete them by the Intended
Completion Date.
11.1 The Contractor shall be responsible for the design of temporary works. However before
erecting the same, he shall submit his designs including specifications and drawings to
the Project Manager and to any other relevant third parties for their approval. No
erection of temporary works shall be done until such approvals are obtained.
11.2 The Project Manager’s approval shall not alter the Contractor’s responsibility for
design of the Temporary works and all drawings prepared by the Contractor for the
execution of the temporary or permanent Works, shall be subject to prior approvalby
the Project Manager before they can be used.
11.3 The Contractor shall be responsible for the safety of all activities on the Site.
12. Discoveries
13.1 Within the time stated in the Appendix to Conditions of Contract, the Contractor shall
submit to the Project Manager for approval a program showing the general methods,
arrangements, order, and timing for all the activities in the Works. An update of the
program shall be a program showing the actual progress achieved on each activity and
the effect of the progress achieved on the timing of the remaining Work, including any
changes to the sequence of the activities.
The Contractor shall submit to the Project Manager for approval an updated program
at intervals no longer than the period stated in the Appendix to Conditions of Contract.
If the Contractor does not submit an updated program within this period, the Project
Manager
May withhold the amount stated in the said Appendix from the next payment
certificate and continue to withhold this amount until the next payment after the date
on which the overdue program has been submitted. The Project Manager’sapproval of
the program shall not alter the Contractor’s obligations. The Contractor may revise the
program and submit it to the Project Manager again at any time. A
revised program shall show the effect of Variations and Compensation Events.
31
14. Possession of Site
14.1 The Employer shall give possession of all parts of the Site to the Contractor. If
possession of a part is not given by the date stated in the Appendix to Conditions of
Contract, the Employer will be deemed to have delayed the start of the relevant
activities, and this will be a Compensation Event.
15.1 The Contractor shall allow the Project Manager and any other person authorised by
the Project Manager, access to the Site and to any place where work in connection with
the Contract is being carried out or is intended to be carried out.
16. Instructions
16.1 The Contractor shall carry out all instructions of the Project Manager which are in
accordance with the Contract.
17.1 The Project Manager shall extend the Intended Completion Date if a Compensation
Event occurs or a variation is issued which makes it impossible for completion to be
achieved by the Intended Completion Date without the Contractor taking steps to
accelerate the remaining Work, which would cause the Contractor to incur additional
cost. The Project Manager shall decide whether and by how much to extend the
Intended Completion Date within 21 days of the Contractor asking the Project Manager
in writing for a decision upon the effect of a Compensation Event or variation and
submitting full supporting information. If the Contractor has failed to give early
warning of a delay or has failed to cooperate in dealing with a delay, the delay caused
by such failure shall not be considered in assessing the new (extended) Completion
Date.
17.2 No bonus for early completion of the Works shall be paid to the Contractor by the
Employer.
18.1 A Contract management meeting shall be held monthly and attended by the Project
Manager and the Contractor. Its business shall be to review the plans for the remaining
Work and to deal with matters raised in accordance with the early warning procedure.
The Project Manager shall record the minutes of management meetings and provide
copies of the same to those attending the meeting and the Employer. The responsibility
of the parties for actions to be taken shall be decided by the Project Manager either at
the management meeting or after the management meeting and stated in writing to
all who attended the meeting.
32
19. Early Warning
19.1 The Contractor shall warn the Project Manager at the earliest opportunity of specific
likely future events or circumstances that may adversely affect the quality of the Work,
increase the Contract Price or delay the execution of the Works. The Project Manager
may require the Contractor to provide an estimate of the expected effect of the future
event or circumstance on the Contract Price and Completion Date. The estimate shall
be provided by the Contractor as soon as reasonably possible.
19.2 The Contractor shall cooperate with the Project Manager in making and considering
proposals on how the effect of such an event or circumstance can be avoided or reduced
by anyone involved in the Work and in carrying out any resulting instructions of the
Project Manager.
20. Defects
20.1 The Project Manager shall inspect the Contractor’s work and notify the Contractor of
any defects that are found. Such inspection shall not affect the Contractor’s
responsibilities. The Project Manager may instruct the Contractor to search for a defect
and to uncover and test any Work that the Project Manager considers may have a
defect. Should the defect be found, the cost of uncovering and making good shall be
borne by the Contractor, However, if there is no defect found, the cost of uncovering
and making good shall be treated as a variation and added to the Contract Price.
20.2 The Project Manager shall give notice to the Contractor of any defects
before the end of the Defects Liability Period, which begins at Completion, and is
defined in the Appendix to Conditions of Contract. The Defects Liability Period shall
be extended for as long as defects remain to be corrected.
20.3 Every time notice of a defect is given, the Contractor shall correct the notified defect
within the length of time specified by the Project Manager’s notice. If the Contractor
has not corrected a defect within the time specified in the Project Manager’s notice, the
Project Manager will assess the cost of having the defect corrected by other parties
and such cost shall be treated as a variation and be deducted from the Contract Price.
21.1 The Bills of Quantities shall contain items for the construction, installation, testing and
commissioning of the Work to be done by the Contractor. The Contractor willbe
paid for the quantity of the Work done at the rate in the Bills of Quantities for each
item.
21.2 If the final quantity of the Work done differs from the quantity in the Bills of
Quantities for the particular item by more than 25 percent and provided the change
exceeds 1 percent of the Initial Contract price, the Project Manager shall adjust the
rate to allow for the change.
33
21.3 If requested by the Project Manager, the Contractor shall provide the Project Manager
with a detailed cost breakdown of any rate in the Bills of Quantities.
22. Variations
22.1 All variations shall be included in updated programs produced by the Contractor.
22.2 The Contractor shall provide the Project Manager with a quotation for carrying out the
variations when requested to do so. The Project Manager shall assess the quotation,
which shall be given within seven days of the request or within any longer period as
may be stated by the Project Manager and before the Variation is ordered.
22.3 If the work in the variation corresponds with an item description in the Bills of
Quantities and if in the opinion of the Project Manager, the quantity of work is not
above the limit stated in Clause 21.2 or the timing of its execution does not cause the
cost per unit of quantity to change, the rate in the Bills of Quantities shall be used to
calculate the value of the variation. If the cost per unit of quantity changes, or
if the nature or timing of the work in the variation does not correspond with items in
the Bills of Quantities, the quotation by the Contractor shall be in the form of new rates
for the relevant items of Work.
22.4 If the Contractor’s quotation is unreasonable, the Project Manager may order the
variation and make a change to the Contract price, which shall be based on the
Project Manager’s own forecast of the effects of the variation on the Contractor’s costs.
22.5 If the Project Manager decides that the urgency of varying the Work would prevent a
quotation being given and considered without delaying the Work, no quotation shall
be given and the variation shall be treated as a Compensation Event.
22.6 The Contractor shall not be entitled to additional payment for costs that could have
been avoided by giving early warning.
22.7 When the Program is updated, the Contractor shall provide the Project Manager with
an updated cash flow forecast.
23.1 The Contractor shall submit to the Project Manager monthly applications for payment
giving sufficient details of the Work done and materials on Site and the amounts which
the Contractor considers himself to be entitled to. The Project Manager shall check
the monthly application and certify the amount to be paid to
34
the Contractor within 14 days. The value of Work executed and payable shall be
determined by the Project Manager.
23.2 The value of Work executed shall comprise the value of the quantities of the items in
the Bills of Quantities completed, materials delivered on Site, variations and
compensation events. Such materials shall become the property of the Employer
once the Employer has paid the Contractor for their value. Thereafter, they shall
not be removed from Site without the Project Manager’s instructions except for use
upon the Works.
23.3 Payments shall be adjusted for deductions for retention. The Employer shall pay the
Contractor the amounts certified by the Project Manager within 30 days of the date
of issue of each certificate. If the Employer makes a late payment, the Contractor shall
be paid simple interest on the late payment in the next payment. Interest shall be
calculated on the basis of number of days delayed at a rate three percentage
points above the Central Bank of Kenya’s average rate for base lending prevailing as
of the first day the payment becomes overdue.
23.5 Items of the Works for which no rate or price has been entered in will not be paid for
by the Employer and shall be deemed covered by other rates and prices in the Contract.
23.6 The Contract Price shall be stated in Kenya Shillings. All payments to the Contractor
shall be made in Kenya Shillings and foreign currency in the proportion indicated in
the tender, or agreed prior to the execution of the Contract Agreement and indicated
therein. The rate of exchange for the calculation of the amount of foreign currency
payment shall be the rate of exchange indicated in the Appendix to Conditions of
Contract. If the Contractor indicated foreign currencies for payment other than the
currencies of the countries of origin of related goods and services the Employer
reserves the right to pay the equivalent at the time of payment in the currencies of the
countries of such goods and services. The Employer and the Project Manager shall
be notified promptly by the Contractor of an changes in the expected foreign currency
requirements of the Contractor during the execution of the Works as indicated in the
Schedule of Foreign Currency Requirements and the foreign and local currency
portions of the balance of the Contract Price shall then be amended by agreement
between Employer and the Contractor in order to reflect appropriately such changes.
23.7 In the event that an advance payment is granted, the following shall apply:-
a) On signature of the Contract, the Contractor shall at his request, and without
furnishing proof of expenditure, be entitled to an advance of 10% (ten percent)
35
of the original amount of the Contract. The advance shall not be subject to
retention money.
b) No advance payment may be made before the Contractor has submitted proof of
the establishment of deposit or a directly liable guarantee satisfactory tothe
Employer in the amount of the advance payment. The guarantee shall bein the
same currency as the advance.
c) Reimbursement of the lump sum advance shall be made by deductions from the
Interim payments and where applicable from the balance owing to the
Contractor. Reimbursement shall begin when the amount of the sums due under
the Contract reaches 20% of the original amount of the Contract. It shall have
been completed by the time 80% of this amount is reached.
R = A(x1 – x11)
80 – 20
Where:
d) with each reimbursement the counterpart of the directly liable guarantee may
be reduced accordingly.
(a) The Employer does not give access to a part of the Site by the Site Possession
Date stated in the Appendix to Conditions of Contract.
(b) The Employer modifies the List of Other Contractors, etc., in a way that affects
the Work of the Contractor under the Contract.
(c) The Project Manager orders a delay or does not issue drawings, specifications
36
or instructions required for execution of the Works on time.
37
(d) The Project Manager instructs the Contractor to uncover or to carry out
additional tests upon the Work, which is then found to have no defects.
(e) The Project Manager unreasonably does not approve a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have
been assumed before issuance of the Letter of Acceptance from theinformation
issued to tenderers (including the Site investigation reports), from information
available publicly and from a visual inspection of the Site.
(g) The Project Manager gives an instruction for dealing with an unforeseen
condition, caused by the Employer or additional work required for safety or
other reasons.
(h) Other contractors, public authorities, utilities, or the Employer does not work
within the dates and other constraints stated in the Contract, and they cause
delay or extra cost to the Contractor.
24.2 If a compensation event would cause additional cost or would prevent the Work being
completed before the Intended Completion Date, the Contract Price shall be increased
and/or the Intended Completion Date shall be extended. The Project Manager shall
decide whether and by how much the Contract Price shall be increased and whether
and by how much the Intended Completion Date shall be extended.
24.3 As soon as information demonstrating the effect of each compensation event upon
the Contractor’s forecast cost has been provided by the Contractor, it shall be assessed
by the Project Manager, and the Contract Price shall be adjusted accordingly. If the
Contractor’s forecast is deemed unreasonable, the Project Manager shall adjust the
Contract Price based on the Project Manager’s own forecast. The
Project Manager will assume that the Contractor will react competently and promptly
to the event.
24.4 The Contractor shall not be entitled to compensation to the extent that the Employer’s
interests are adversely affected by the Contractor not having given early warning or not
having co-operated with the Project Manager.
24.5 Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in
the Appendix to Conditions of Contract.
38
24.6 The Contractor shall give written notice to the Project Manager of his intention to make
a claim within thirty days after the event giving rise to the claim has first arisen. The
claim shall be submitted within thirty days thereafter.
Provided always that should the event giving rise to the claim of continuing effect, the
Contractor shall submit an interim claim within the said thirty days and a final claim
within thirty days of the end of the event giving rise to the claim.
25.1 The Project Manager shall adjust the Contract Price if taxes, duties and other levies are
changed between the date 30 days before the submission of tenders for theContract
and the date of Completion. The adjustment shall be the change in the amount of tax
payable by the Contractor.
25.2 The Contract Price shall be deemed to be based on exchange rates current at the date
of tender submission in calculating the cost to the Contractor of materials to be
specifically imported (by express provisions in the Contract Bills of Quantities or
Specifications) for permanent incorporation in the Works. Unless otherwise stated
in the Contract, if at any time during the period of the Contract exchange rates shall be
varied and this shall affect the cost to the Contractor of such materials, then the Project
Manager shall assess the net difference in the cost of such materials. Any amount from
time to time so assessed shall be added to or deducted from the Contract Price, as the
case may be.
25.3 Unless otherwise stated in the Contract, the Contract Price shall be deemed to have
been calculated in the manner set out below and in sub-clauses 25.4 and 25.5 and shall
be subject to adjustment in the events specified thereunder;
(i) The prices contained in the Contract Bills of Quantities shall be deemed to be
based upon the rates of wages and other
emoluments and expenses as determined by the Joint Building Council ofKenya
(J.B.C.) and set out in the schedule of basic rates issued 30 days before the date
for submission of tenders.A copy of the schedule used by the Contractor in his
pricing shall be attached in the Appendix to Conditions of Contract.
(ii) Upon J.B.C. determining that any of the said rates of wages or other emoluments
and expenses are increased or decreased, then the Contract Price shall be
increased or decreased by the amount assessed by the Project Manager based
upon the difference, expressed as a percentage, between the rate set out
in the schedule of basic rates issued 30 days before the date for submission of
tenders and the rate published by the J.B.C. and applied to the quantum of
labour incorporated within the amount of Work remaining to be executed at
the date of publication of such increase or decrease.
39
(iii) No adjustment shall be made in respect of changes in the rates of wages and
other emoluments and expenses which occur after the date of Completionexcept
during such other period as may be granted as an extension of time under clause
17.0 of these Conditions.
25.4 The prices contained in the Contract Bills of Quantities shall be deemed to be based
upon the basic prices of materials to be permanently incorporated in the Works as
determined by the J.B.C. and set out in the schedule of basic rates issued 30 days before
the date for submission of tenders. A copy of the schedule used by the Contractor in
his pricing shall be attached in the Appendix to Conditions of Contract.
25.5 Upon the J.B.C. determining that any of the said basic prices are increased or
decreased then the Contract Price shall be increased or decreased by the amount to
be assessed by the Project Manager based upon the difference between the price set
out in the schedule of basic rates issued 30 days before the date for submission of
tenders and the rate published by the J.B.C. and applied to the quantum of the relevant
materials which have not been taken into account in arriving at the amount of any
interim certificate under clause 23 of these Conditions issued before the date of
publication of such increase or decrease.
25.6 No adjustment shall be made in respect of changes in basic prices of materials which
occur after the date for Completion except during such other period as maybe
granted as an extension of time under clause 17.0 of these Conditions.
25.7 The provisions of sub-clause 25.1 to 25.2 herein shall not apply in respect of any
materials included in the schedule of basic rates.
26. Retention
26.1 The Employer shall retain from each payment due to the Contractor the proportion
stated in the Appendix to Conditions of Contract until Completion of the whole of
the Works. On Completion of the whole of the Works, half the total amount retained
shall be repaid to the Contractor and the remaining half when the Defects Liability
Period has passed and the Project Manager has certified that all defects notified tothe
Contractor before the end of this period have been corrected.
27.1 The Contractor shall pay liquidated damages to the Employer at the rate stated in
the Appendix to Conditions of Contract for each day that the actual Completion Date
is later than the Intended Completion Date. The Employer may deduct liquidated
damages from payments due to the Contractor. Payment of liquidated damages shall
not alter the Contractor’s liabilities.
27.2 If the Intended Completion Date is extended after liquidated damages have been paid,
the Project Manager shall correct any overpayment of liquidated damages by the
Contractor by adjusting the next payment certificate. The Contractor shall be
40
paid interest on the overpayment, calculated from the date of payment to the date of
repayment, at the rate specified in Clause 23.30
28. Securities
28.1 The Performance Security shall be provided to the Employer no later than the date
specified in the Letter of Acceptance and shall be issued in an amount and form and by
a reputable bank acceptable to the Employer, and denominated in Kenya Shillings.
The Performance Security shall be valid until a date 30 days beyond the date of issue
of the Certificate of Completion.
29. Dayworks
29.1 If applicable, the Dayworks rates in the Contractor’s tender shall be used for small
additional amounts of Work only when the Project Manager has given written
instructions in advance for additional work to be paid for in that way.
29.2 All work to be paid for as Dayworks shall be recorded by the Contractor on Forms
approved by the Project Manager. Each
completed form shall be verified and signed by the Project Manager within two days
of the Work being done.
29.3 The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks
forms.
30.1 From the Start Date until the Defects Correction Certificate has been issued, the
following are the Employer’s risks:
(a) The risk of personal injury, death or loss of or damage to property (excluding the
Works, Plant, Materials and Equipment), which are due to;
(i) use or occupation of the Site by the Works or for the purpose of the Works,
which is the unavoidable result of the Works, or
(ii) negligence, breach of statutory duty or interference with any legal right by
the Employer or by any person employed by or contracted to him except
the Contractor.
(b) The risk of damage to the Works, Plant, Materials, and Equipment to the extent
that it is due to a fault of the Employer or in Employer’s design, or dueto war
or radioactive contamination directly affecting the place where the Works are
being executed.
30.2 From the Completion Date until the Defects Correction Certificate has been issued, the
risk of loss of or damage to the Works, Plant, and Materials is the Employer’s risk
except loss or damage due to;
41
(a) a defect which existed on or before the Completion Date.
(b) an event occurring before the Completion Date, which was not itself the
Employer’s risk
(c) the activities of the Contractor on the Site after the Completion Date.
30.3 From the Start Date until the Defects Correction Certificate has been issued, the risks
of personal injury, death and loss of or damage to property (including, without
limitation, the Works, Plant, Materials, and Equipment) which are not Employer’s risk
are Contractor’s risks.
The Contractor shall provide, in the joint names of the Employer and the Contractor,
insurance cover from the Start Date to the end of the Defects Liability Period, in the
amounts stated in the Appendix to Conditions of Contract for the following events;
(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant, Materials, and
Equipment) in connection with the Contract, and
(d) personal injury or death.
30.4 Policies and certificates for insurance shall be delivered by the Contractor to the
Project Manager for the Project Manager’s approval before the Start Date. All such
insurance shall provide for compensation required to rectify the loss or damage
incurred.
30.5 If the Contractor does not provide any of the policies and certificates required, the
Employer may effect the insurance which the Contractor should have provided and
recover the premiums from payments otherwise due to the Contractor or, if no
payment is due, the payment of the premiums shall be a debt due.
30.6 Alterations to the terms of an insurance shall not be made without the approval of
the Project Manager. Both parties shall comply with any conditions of insurance
policies.
31.1 Upon deciding that the Works are complete, the Contractor shall issue a written
request to the Project Manager to issue a Certificate of Completion of the Works.
The Employer shall take over the Site and the Works within seven [7] days of the
Project Manager’s issuing a Certificate of Completion.
32.1 The Contractor shall issue the Project Manager with a detailed account of the total
amount that the Contractor considers payable to him by the Employer under the
Contract before the end of the Defects Liability Period. The Project Manager shall
42
issue a Defects 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 Project Manager shall issue within 30 days a schedule that
states the scope of the corrections or additions that are necessary. If the final account
is still unsatisfactory after it has been resubmitted, the Project Managershall
decide on the amount payable to the Contractor and issue a Payment Certificate. The
Employer shall pay the Contractor the amount due in the FinalCertificate within 60
days.
33. Termination
33.1 The Employer or the Contractor may terminate the Contract if the other partycauses
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 when no stoppage of work is shown on the
current program and the stoppage has not been authorised by the Project
Manager;
(b) the Project Manager instructs the Contractor to delay the progress of the Works,
and the instruction is not withdrawn within 30 days;
(c) the Contractor is declared bankrupt or goes into liquidation other than for a
reconstruction or amalgamation;
(d) a payment certified by the Project Manager is not paid by the Employer to the
Contractor within 30 days (for Interim Certificate) or 60 days (for Final
Certificate)of issue.
(e) the Project Manager gives notice that failure to correct a particular defect is a
fundamental breach of Contract and the Contractor fails to correct it within a
reasonable period of time determined by the Project Manager;
33.2 When either party to the Contract gives notice of a breach of Contract to the Project
Manager for a cause other than those listed under Clause 33.1 above, the Project
Manager shall decide whether the breach is fundamental or not.
33.3 Notwithstanding the above, the Employer may terminate the Contract for
convenience.
33.4 If the Contract is terminated, the Contractor shall stop work immediately, make the
Site safe and secure, and leave the Site as soon as reasonably possible. The Project
Manager shall immediately thereafter arrange for a meeting for the purpose of taking
43
record of the Works executed and materials, goods, equipment and temporary
buildings on Site.
34.3 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 the
Site, plant, equipment and temporary works.
34.4 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 Project Manager may in writing specify, any temporary buildings, plant,
machinery, appliances, goods or materials belonging to or hired by him, and in default
the Employer may (without being responsible for any loss or damage) remove and sell
any such property of the Contractor, holding the proceeds less all costs incurred to the
credit of the Contractor.
Until after completion of the Works under this clause the Employer shall not be bound
by any other provision of this Contract to make any payment to the Contractor, but
upon such completion as aforesaid and the verification within areasonable time of the
accounts therefore the Project Manager shall certify the amount of expenses properly
incurred by the Employer and, if such amount added to the money paid to the
Contractor before such determination exceeds the total amount which would have
been payable on due completion in accordance with this Contract the difference shall
be a debt payable to the Employer by the Contractor; and if the said amount added to
the said money be less than the said total amount, the difference shall be a debt
payable by the Employer to the Contractor.
35.1 If the Contract is frustrated by the outbreak of war or by any other event entirely
outside the control of either the Employer or the Contractor, the Project Manager shall
certify that the Contract has been frustrated. The Contractor shall make theSite safe
and stop Work as quickly as possible after receiving this certificate and shall be paid
for all Work carried out before receiving it.
44
36. Corrupt gifts and payments of commission
(a) Offer or give or agree to give to any person in the service of the
Employer any gift or consideration of any kind as an inducement or reward for doing
or forbearing to do or for having done or forborne to do any act in relation to the
obtaining or execution of this or any other Contract for the Employer or for showing
or forbearing to show favour
or disfavour to any person in relation to this or any other contract for the Employer.
(b) Enter into this or any other contract with the Employer in connection with which
commission has been paid or agreed to be paid by him or on his behalf or to his
knowledge, unless before the Contract is made particulars of any such commission and
of the terms and conditions of any agreement for the payment thereof have been
disclosed in writing to the Employer.
Any breach of this Condition by the Contractor or by anyone employed by him or acting
on his behalf (whether with or without the knowledge of the Contractor) shall be an
offence under the provisions of the Public Procurement Regulations issued under The
Exchequer and Audit Act Cap 412 of the Laws of Kenya.
37.1 In case any dispute or difference shall arise between the Employer or the Project
Manager on his behalf and the Contractor, either during the progress or after the
completion or termination of the Works, such dispute shall be notified in writing by
either party to the other with a request to submit it to arbitration and to concur in the
appointment of an Arbitrator within thirty days of the notice. The dispute shallbe
referred to the arbitration and final decision of a person to be agreed between the
parties. Failing agreement to concur in the appointment of an Arbitrator, the
Arbitrator shall be appointed by the Chairman or Vice Chairman of any of the following
professional institutions;
On the request of the applying party. The institution written to first by the aggrieved
party shall take precedence over all other institutions.
45
37.2 The arbitration may be on the construction of this Contract or on any matter or thing
of whatsoever nature arising thereunder or in connection therewith, including any
matter or thing left by this Contract to the discretion of the Project Manager, or the
withholding by the Project Manager of any certificate to which the Contractor may
claim to be entitled to or the measurement and valuation referred to in clause
23.0 of these conditions, or the rights and liabilities of the parties subsequent to the
termination of Contract.
37.4 Notwithstanding the issue of a notice as stated above, the arbitration of such adispute
or difference shall not commence unless an attempt has in the first instance been made
by the parties to settle such dispute or difference amicably with or without the
assistance of third parties. Proof of such attempt shall be required.
37.5 Notwithstanding anything stated herein the following matters may be referred to
arbitration before the practical completion of the Works or abandonment of the Works
or termination of the Contract by either party:
37.6 All other matters shall only be referred to arbitration after the completion or alleged
completion of the Works or termination or alleged termination of the Contract, unless
the Employer and the Contractor agree otherwise in writing.
37.7 The Arbitrator shall, without prejudice to the generality of his powers, have powers
to direct such measurements, computations, tests or valuations as may in his opinion
be desirable in order to determine the rights of the parties and assess and award any
sums which ought to have been the subject of or included in any certificate.
37.8 The Arbitrator shall, without prejudice to the generality of his powers,
46
have powers to open up, review and revise any certificate, opinion, decision,
requirement or notice and to determine all matters in dispute which shall be submitted
to him in the same manner as if no such certificate, opinion, decision requirement or
notice had been given.
37.9 The award of such Arbitrator shall be final and binding upon the parties.
47
SECTION IV – APPENDIX TO CONDITIONS OF CONTRACT
THE EMPLOYER IS
Name: The County Government of Nyandarua through the Department Health Services
Address: _ P. O. Box 701-20303, Ol’Kalou
Name: County Works Officer, Department of Transport, Energy and Public Works,
Nyandarua County.
P. O. Box 701-20303, Ol’Kalou.
The name (and identification number) of the Contract is…… As per the Letter of
Invitation
The Works consist of (as itemized in the bills of quantities and architectural plans)
The Intended Completion Date for the whole of the Works shall be
Twenty Eight (28) Weeks from the Commencement Date
The Contractor shall submit a revised program for the Works within 7 days of delivery
of the Letter of Acceptance.
The Site Possession Date shall be As Agreed with the Project Manager
48
The Defects Liability period is 180days days.
1. ELECTRICAL INSTALLATION
2. PLUMBING,INTERNAL
DRAINAGE,WATER RETICULATION AND FIRE FIGHTING EQUIPMENTS
3.
4.
1. The minimum cover for insurance of the Works and of Plant and Materials in
respect of the Contractor’s faulty design is NIL
2.
3.
4.
49
whole of certified
amount
The liquidated damages for the whole of the Works is Kshs. 15,000ksh (per day)
The Performance Security shall be for the following minimum amounts equivalent as a
percentage of the Contract Price-------5% ------------- percent (%)
The schedule of basic rates used in pricing by the Contractor is as attached [Contractor to attach].
50
SECTION V – STANDARD FORM
2. Confidential Business Questionnaire Form -This form must be completed by the tenderer and submitted
with the tender documents.
3. Tender Security Form - When required by the tender documents the tender shall provide
the tender security either in the form included herein or in another format acceptable to the procuring entity.
4. Agreement Contract Form - The Contract Form shall not be completed by the
tenderer at the time of submitting the tender. The Contract Form shall be completed after
contract award and should incorporate the accepted contract price.
5. Performance Security Form - The performance security form should not be completed by
the tenderers at the timeof tender preparation. Only the successful tenderer will be required to provide
performance security in the form provided herein or in another form
acceptable to the procuring entity.
8. Self-Declaration Forms SD1 & SD2 and Fraud Corruption Form must be completed by the
tenderer and submitted with the tender documents.
52
(ix) Tender Questionnaire
(xi) Confidential Business Questionnaire
(x) Statement of Foreign Currency Requirement
(xi) Details of Sub-Contractors
(xii) Self-Declaration Forms SD1 & SD2 and Fraud Corruption Form
(x) Request for Review Form
FORM OF INVITATION FOR TENDERS
[date]
Dear Sirs:
We hereby invite you and other prequalified tenderers to submit a tender for the execution and
completion of the above Contract.
Yours faithfully,
Authorised Signature
53
54
FORM OF TENDER
[Name of Contract]
Dear Sir,
3. We agree to abide by this tender until [Insert date], and it shall remain
binding upon us and may be accepted at any time before that date.
4. Unless and until a formal Agreement is prepared and executed this tender together with your
written acceptance thereof, shall constitute a binding Contract between us.
5. We understand that you are not bound to accept the lowest or any tender you may receive.
[Name of Employer] of
[Address of Employer]
Witness; Name
Address
Signature
Date
55
LETTER OF ACCEPTANCE
[letterhead paper of the Employer]
[date]
To:
[name of the Contractor]
Dear Sir,
You are hereby instructed to proceed with the execution of the said Works in accordance with
the Contract documents.
Attachment : Agreement
56
REPUBLIC OF KENYA
WHEREAS:
The Employer is desirous that certain works should be executed, viz:
……………………………………………………, tender number …………………………………. located at
………………….Ward, (hereinafter referred to as “the works”) and has accepted the tender submitted by the
Contractor for the execution and completion of the works and remedying of the defects therein for the
Contract Price the sum of Kshs. ……………… (say Kenya Shillings ....................... only) (Inclusive of
VAT and the Project Management Fee).
1. In this agreement words and expressions shall have the same meanings as are respectively assigned to
them in the Conditions of Contract hereinafter referredto.
2. The following documents shall be deemed to form and be read and construed as part of this Agreement,
viz.:
i. Letter of Acceptance;
ii. Conditions of Contract - Parts I and II;
iii. The Standard and Special Specifications;
iv. Priced Bill of Quantities;
v. Form of Tender;
vi. Drawings;
vii. Appendix to this Form of Agreement; and
viii. Other Documents/Materials/Conditions agreedanddocumented.
57
3. In consideration of the payment to be made by the Employer to the Contractor, the Contractor
covenants with the Employer to execute and complete the Works and remedy any defects therein in
conformity with the provisions of the Contract.
4. The Contractor agrees and understands that pursuant to code 1065 of the Nyandarua Finance Act 2018,
a project management fee of 3% of the Contract Price is to be levied by the Employer and remitted to
the County Revenue Fund Account at pay point.
5. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion
of the Works and remedying of defects therein, the Contract Price or such other sum as may become
payable under the Contract, less any statutory deductions, at the times and in the manner prescribed by
the Contract.
6. The Accounting Officer for the Department represents and warrants, for and on behalf of the Employer,
that:
6.1. The technical documents listed in clause 2 as to be deemed to form and be read and construed as
part of this Agreement are technically sound and fit for implementation.
6.2. That the procurement processes for the Works have been undertaken in compliance with the
provisions of the Public Procurement and Asset Disposal Act, 2015 and all other applicable laws.
6.3. The Department shall undertake, or cause regular supervision and inspection of the works foreseen
to ensure they are of the acceptable quality and standards, and ensure the relevant records and
minutes are maintained.
7. The Contractor represents and warrants the accuracy of any information or data provided to the
Employer for the purpose of entering into this Agreement, as well as the quality of the Works foreseen
under this Agreement in accordance with the highest industrial and professional standards.
8. Each party hereby agrees and confirms for the purpose of the Law of Contract Act (Chapter 23, Laws of
Kenya) that it has the legal capacity to enter into this Agreement and confirms that it has executed this
Agreement with the intention to bind itself to the contents hereof, and that each has freely and
voluntarily executed this instrument and understood its contents.
IN WITNESS WHEREOF the parties herein have here unto set their respective hands on the day and year first
above written.
58
SIGNED, SEALED & DELIVERED ON BEHALF OF THE )
EMPLOYER, COUNTY GOVERNMENT OF NYANDARUA )
Name: ……………………………………..…..…………….. )
) Affix
Signature:............................................................)
Title: CHIEF OFFICER DEPARTMENT OF ......................)
……………………………………………………………………. )
………………………………………………………….
COUNTY ATTORNEY/ COUNTY LEGAL COUNSEL
NOTES:
This Agreement shall onlybe valid if:
1. The County Seal is affixed;
2. The execution by the Contractor (companies) is by way of affixing the Company Seal and the
signature of the persons authorized in the Company’s Memorandum and Articles of Association; and
59
3. Any variation, alterations or amendments are on the written authority of the Departments Chief
Officer and the County Attorney.
DRAWN BY:
Item Data
Priority of Documents The documents forming the Contract shall be interpreted in the
following order of priority:
the Contract Agreement and Appendix to form of
agreement
the Letter of Acceptance
the Form of Tender
the Conditions of Contract, Part II - Conditions of
Particular Application
the Conditions of Contract, Part I - General Conditions of
Contract
the Specifications
the Drawings,
the Priced Bill of Quantities
Language English
61
FORM OF TENDER SECURITY
KNOW ALL PEOPLE by these presents that WE ............................... having our registered office at
………………(hereinafter called “the Bank”), are bound unto ....................................... (hereinafter
called “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…………
1. If after tender opening the tenderer withdraws his tender during the period of tender
validity specified in the instructions to tenderers
Or
2. If the tenderer, having been notified of the acceptance of his tender by the Employer
during the period of tender validity:
(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 thatin 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.
[witness] [seal]
62
PERFORMANCE BANK GUARANTEE
Dear Sir,
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish
you with a Bank Guarantee by a recognised bank for the sum specified therein as security for
compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf
of the Contractor, up to a total of Kshs. (amount of Guarantee in figures) Kenya
Shillings (amount of Guarantee in words), and we
undertake to pay you, upon your first written demand and without cavil or argument, any sum or
sums within the 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.
Name of Bank
Address
Date
63
BANK GUARANTEE FOR ADVANCE PAYMENT
Gentlemen,
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 inwords].
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,
64
Signature and Seal
65
Name of the Bank or financial institution
Address
Date
Witness: Name:
Address:
Signature:
Date:
66
QUALIFICATION INFORMATION
1.2 Total annual volume of construction work performed in the last five 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.
1.4 Major items of Contractor’s Equipment proposed for carrying out the Works. List all
information requested below.
(etc.)
67
1.5 Qualifications and experience of key personnel proposed for administration and
execution of the Contract. Attach biographical data.
(etc.)
1.6 Financial reports for the last five years: balance sheets, profit and loss statements,
auditor’s reports, etc. List below and attach copies.
1.8 Name, address and telephone, telex and facsimile numbers of banks that may
provide reference if contacted by the Employer.
1.9 Statement of compliance with the requirements of Clause 1.2 of the Instructions to
Tenderers.
1.10 Proposed program (work method and schedule) for the whole of the Works.
2 Joint Ventures
68
2.4 The information listed in 1.1 – 1.10 above shall be provided for each partner of the
joint venture.
2.5 The information required in 1.11 above shall be provided for the joint venture.
2.6 Attach the power of attorney of the signatory(ies) of the tender authorizing signature
of the tender on behalf of the joint venture
2.7 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;
69
TENDER QUESTIONNAIRE
………………………………………………………………………………………
2. Full address of tenderer to which tender correspondence is to be sent (unless an agent has
been appointed below)
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
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
70
CONFIDENTIAL BUSINESS QUESTIONNAIRE
You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or 2 (c)
and 2 (d) whichever applies to your type of business.
You are advised that it is a serious offence to give false information on this Form.
Part 1 – General
Nature of Business…………………………………………………………………..
Maximum value of business which you can handle at any time: K. pound………………………..
Branch…………………………………………………………………………………
Private or public……………………………………………………………
71
State the nominal and issued capital of the Company-
Nominal Kshs…………………………………………………………………
Issued Kshs……………………………………………………………………
1.
………………………………………………………………………………………
2.
………………………………………………………………………………………
3.
………………………………………………………………………………………
4.
………………………………………………………………………………………
Is there any person / persons in ........................... (Name of Employer) who has interest in this
firm? Yes/No ........................................(Delete as necessary)
72
STATEMENT OF FOREIGN CURRENCY REQUIREMENTS
(Figures)………………………… (Words)…………………………………
………………………………………………………………………………………
(Signature of Tenderer)
73
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.
………………………………
………………………………
………………………………
………………………………
………………………………
……………………………
74
LETTER OF NOTIFICATION OF AWARD
To:
Tender Name
This is to notify that the contract/s stated below under the above mentioned tender have been
awarded to you.
2. The contract/contracts shall be signed by the parties within 30 days of the date of this
letter but not earlier than 14 days from the date of the letter.
3. You may contact the officer(s) whose particulars appear below on the subject matter of
this letter of notification of award.
(FULL PARTICULARS)
75
SELF DECLARATION FORMS (r.47)
FORM SD1
SELF DECLARATION THAT THE PERSON/TENDERER IS NOT DEBARRED IN THE MATTER OF THE
PUBLIC PROCUREMENT AND ASSET DISPOSAL ACT 2015.
2. THAT the aforesaid Bidder, its Directors and subcontractors have not been
debarred from participating in procurement proceeding under Part IV of the Act.
76
FORM SD2
SELF DECLARATION FORMS
SELF DECLARATION THAT THE PERSON/TENDERER WILL NOT ENGAGE IN ANY CORRUPT OR
FRAUDULENT PRACTICE.
2. THAT the aforesaid Bidder, its servants and/or agents /subcontractors will not
engage in any corrupt or fraudulent practice and has not been requested to pay any
inducement to any member of the Board, Management, Staff and/or employees and/or
agents of.............................. ( insert name of the Procuring entity) which is the
procuring entity.
3. THAT the aforesaid Bidder, its servants and/or agents /subcontractors have not
offered any inducement to any member of the Board, Management, Staff and/or
employees and/or agents of ..............................(name of the procuring entity)
4. THAT the aforesaid Bidder will not engage /has not engaged in any corrosive
practice with other bidders participating in the subject tender
77
FRAUD AND CORRUPTION FORM
1. If the Employer determines that the tenderer has engaged in corrupt, fraudulent, collusive,
coercive or obstructive practices, in competing for or in executing the Contract, then the
Employer may, after giving 14days notice to the tenderer, terminate the tenderer's
employment under the Contract and expel him/her from the Site.
2. Should any employee of the tenderer be determined to have engaged in corrupt, fraudulent,
collusive, coercive, or obstructive practice during the execution of the Works, then that
employee shall be removed.
(i) “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to
influence improperly the actions of another party;
(ii) “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or recklessly
misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;
(iii) “collusive practice” is an arrangement between two or more parties designed to achieve an improper
purpose, including to influence improperly the actions of another party;
(iv) “Coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party
or the property of the party to influence improperly the actions of a party.
a) They did not engage in any action to influence the Project implementation process to
the detriment of the Employer, in particular no collusive practice took place nor will take
place, and
b) The bidding proceedings, contract award, and execution have not and will not be
subject to any corrupt practice as defined in the United Nations Convention to combat
corruption dated 31 October 2003.
78
duly authorized to sign Tenders for and on behalf of
[Name of Tenderer] of
[Address of Tenderer]
79
FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD
APPLICATION NO…………….OF……….….20……...
BETWEEN
…………………………………………….APPLICANT
AND
Request for review of the decision of the…………… (Name of the Procuring Entity) of ............................ dated
the…day of ………….20……….in the matter of Tender No………..…of ................. 20…
REQUEST FOR REVIEW
I/We……………………………,the above named Applicant(s), of address: Physical address .................. Fax
No……Tel. No……..Email................. , hereby request the Public Procurement Administrative Review Board
to review the whole/part of the above mentioned decision on the following grounds , namely:-
1.
2.
etc.
By this memorandum, the Applicant requests the Board for an order/orders that: -
1.
2.
etc
SIGNED ...................... (Applicant)
Dated on…………….day of ……………/…20…
SIGNED
Board Secretary
80
SECTION VI - SPECIFICATIONS
2.0 Specifications from previous similar projects are useful and may not be
necessary to re-write specifications for every Works Contract.
4.0 Care must be taken in drafting Specifications to ensure they are not
restrictive. In the Specifications of standards for materials, plant and
workmanship, existing Kenya Standards should be used as much as
possible, otherwise recognized international standards may also be used.
5.0 The Employer should decide whether technical solutions to specified parts
of the Works are to be permitted. Alternatives are appropriate in cases
where obvious (and potentially less costly) alternatives are possible to
the technical solutions indicated in tender documents for certain elements
of the Works, taking into consideration the comparative specialized
advantage of potential tenderers.
81
Such alternative solutions shall be accompanied by all information
necessary for a complete evaluation by the Employer, including drawings,
design calculations, technical specifications, breakdown of prices,
proposed construction methodology, and other relevant details. Technical
alternatives permitted in this manner shall be considered by the Employer
each on its own merits and independently of whether the tenderer has
priced the item as described in the Employer’s design included with the
tender documents.
82
SECTION VII - DRAWINGS
3 Refer to page i.e (the last page of this document) for the architectural plans.
83
SECTION VIII - BILL OF QUANTITIES
(b) when a Contract has been entered into, to provide a priced Bill of Quantities for use
in the periodic valuation of Works executed.
In order to attain these objectives, Works should be itemized in the Bill of Quantities
in sufficient detail to distinguish between the different classes of Works, or between
Works of the same nature carried out in different locations or in other circumstances
which may give rise to different considerations of cost. Consistent with these
requirements, the layout and content of the Bill of Quantities should beas simple
and brief as possible.
2.0 The Bills of Quantities should be divided generally into the following sections:
(a) Preliminaries.
The preliminaries should indicate the inclusiveness of the unit prices, and should state
the methods of measurement which have been adopted in the preparation ofthe Bill
of Quantities and which are to be used for the measurement of any part of the Works.
(i) The items in the Bills of Quantities should be grouped into sections to
distinguish between those parts of the Works which by nature, location, access,
timing, or any other special characteristics may give rise to different methods of
construction, or phasing of the Works, or considerations of cost. General items
common to all parts of the Works may be grouped as a separate section in the
Bill of Quantities.
84
(ii) Quantities should be computed net from the Drawings, unless directed
otherwise in the Contract, and no allowance should be made for bulking,
shrinkage or waste. Quantities should be rounded up or down where
appropriate.
(iii) The following units of measurement and abbreviations are recommended for
use.
A Daywork Schedule should be included if the probability of unforeseen work, outside the items
included in the Bill of Quantities, is relatively high. To facilitate checking by the Employer of the
realism of rates quoted by the tenderers, the Daywork Schedule shouldnormally comprise:
85
(d) Provisional Quantities and Sums
(i) Provision for quantity contingencies in any particular item or class of Work with a high
expectation of quantity overrun should be made by entering specific “Provisional
Quantities” or “Provisional Items” in the Bill of Quantities, and not by increasing the
quantities for that item or class of Work beyond those of the Work normally expected to
be required. To the extent not covered above, a general provision for physical
contingencies (quantity overruns) should be made by including a “Provisional Sum” in
the Summary of the Bill of Quantities. Similarly, a contingency allowance for possible
price increases should be provided as a “Provisional Sum” in the Summary of the Bill of
Quantities. The inclusion of such provisional sums often facilitates budgetary approval by
avoiding the need to request periodic supplementary approvals as the future need arises.
(e) Summary
The Summary should contain a tabulation of the separate parts of the Bills
of Quantities carried forward, with provisional sums for Daywork, for
physical (quantity) contingencies, and for price contingencies (upward
price adjustment) where applicable.
86
PARTICULAR PRELIMINARIES
87
ITEM DESCRIPTION QTY UNIT RATE K.SHS
PARTICULAR PRELIMINARIES
MEASUREMENTS
In the event of any discrepancies arising between the Bills of Quantities and the
actual works, the site measurements shall generally take precedence. However, such
discrepancies between any contract documents shall immediately be referred to the
PROJECT MANAGER in accordance with Clause 22 of the Conditions of Contract.
C The discrepancies shall then be treated as a variation and be dealt with in accordance
with Clause 22 of the said Conditions.
LOCATION OF SITE
The Site is located at Nyandarua County. The Contractor is advised to visit the site, to
D familiarize with the nature and position of the site. No claims arising from the
Contractor’s failure to do so will be entertained.
The bidder shall append his / her signature and / or company ‘s rubberstamp on
E
each and every page of tender document.
CLEARING AWAY
The Contractor shall remove all temporary works, rubbish, debris and surplus
materials from the site as they accumulate and upon completion of the works, remove
F and clear away all plant, equipment, rubbish, unused materials and stains and leave in
a clean and tidy state to the reasonable satisfaction of the Project Manager.
Carried to collection
88
ITEM DESCRIPTION QTY UNIT RATE K.SHS
The whole of the works shall be delivered up clean, complete and in perfect condition
in every respect to the satisfaction of the Project Manager.
A CLAIMS
B PAYMENTS
The tenderer’s attention is drawn to the fact that the GOVERNMENT IS ALLOWED
TO MAKE ADVANCE PAYMENTS ONLY on production of an approved bank
guarantee and also pays for work done and materials delivered to site: all in
accordance with Clause 23 of the Conditions of Contract Agreement. In order to
facilitate this, a list of the general component elements for the works is given at the
summary page of these specifications and the tenderer is requested to break down his
tender sum commensurate to the said elements
The Contractor shall allow in his rates for any interference that he may encounter in
the course of the works for the Client may in some cases ask the Contractor not to
proceed with the works until some activities within the site are completed, as the
offices will be operating as usual during the course of the contract.
E
SIGNBOARD
Allow for providing, erecting, maintaining throughout the course of the Contract and
afterwards clearing away a signboard as designed, specified and approved by the
Project Manager.
F
LABOUR CAMPS
The Contractor shall not be allowed to house labour on site. Allow for transporting
workers to and from the site during the tenure of the contract.
Carried to collection
89
ITEM DESCRIPTION QTY UNIT RATE K.SHS
A MATERIALS FROM DEMOLITIONS
Any materials arising from demolitions and not re-used shall become the property of
the Client. The Contractor shall allow in his rates the cost of transporting the
demolished materials to the Client's premises at olkalou.
B PRICING RATES
The tenderer shall include for all costs in executing the whole of the works, including
transport, replacing damaged items, fixing, all to comply with the said Conditions of
Contract.
C MOBILE PHONE AIRTIME FOR OFFICERS
Provide mobile phone airtime worth Kenya Shillings Five Hundred () only per person
per week for five (5No.) Officers for the duration of the contract period.
SECURITY
D
The Contractor shall allow for providing adequate security for the works and the
workers in the course of execution of this contract. No claim will be entertained from
the Contractor for not maintaining adequate security for both the works and workers.
The Contractor shall allow in his rates for any costs he/ she deems that he/she may
incur by having to complete these works within the stipulated contract period.
All materials for incorporation in the works must be stored on site before payment is
effected, unless specifically exempted by the Project Manager. This is to include
materials of the Contractor, nominated sub-Contractors and nominated suppliers.
G EXISTING SERVICES
Prior to the commencement of any work, the Contractor is to ascertain from the
relevant authority the exact position, depth and level of all existing services in the
area and he/she shall make whatever provisions may be required by the authorities
Carried to collection
90
ITEM DESCRIPTION QTY UNIT RATE K.SHS
A CONTRACT COMPLETION PERIOD
Tender documents are as listed in Clause 2.1 of the Instruction to Tenderer’s Page
STD/8
D
DELIVERY OF TENDER
Tenders will be opened at the time specified in the letter accompanying these Tender
Documents or as indicated in the advertisement. Tenders delivered/received later than
E the above time will not be opened.
The Contractor’s attention is drawn to the Legal Notice in the Finance Act part 3
Section 21(b) operative from 1st September, 1993 which requires payment of VAT on
all contracts. The contractor should therefore include allowance for V.A.T and other
Government taxes currently in force for all his rates, provisional items and prime cost
sums in this tender
Carried to collection
91
ITEM DESCRIPTION QTY UNIT RATE K.SHS
A The tenderer is advised that in accordance with Government public notice No. 35 &
36 Dated 11th September 2003 operational from 1st October 2003, VAT will be
deducted against the contract sum at the prevailing rate by the Employer and remitted
directly to the Commissioner of VAT through all interim certificates. It should
however be noted that this is not additional tax but a new mode of payment for VAT,
any excess payment will be refundable once the Contractor has submitted monthly
returns to the Commissioner of VAT who will do the refunds when satisfied that the
VAT regulations have been complied with.
NB: The tenderer shall include the V.A.T. at the grand summary page
Allow Kenya Shillings thirty thousand (Kshs 30, 000.00) only for fuel for the Project
Manager's vehicle to and from the site of the works
Provide a provisional sum of Kenya Shillings thirty thousand (Kshs 30,000.00) only
for Clerk of works expenses
Provide a provisional sum of Kenya Shillings five thousand (Kshs 5,000.00) only for
project managers stationery.
The following are the insertions to be made in the appendix to the Contract
Agreement: -
Carried to collection
92
ITEM DESCRIPTION QTY UNIT RATE K.SHS
Liquidated and Ascertained damages At the rate of Kshs …15,000.00 per week
or part thereof
Carried to collection
COLLECTION
94
ITEM DESCRIPTION QTY UNIT RATE K.SHS
GENERAL PRELIMINARIES
B ABBREVIATIONS
Carried to collection
95
ITEM DESCRIPTION QTY UNIT RATE K.SHS
Fix Only:-
"Fix Only" shall mean take delivery at nearest railway station (Unless otherwise
stated),pay all demurrage charges, load and transport to site where necessary, unload,
store, unpack, assemble as necessary, distribute to position, hoist and fix only.
B.
EMPLOYER
The term "Employer" and "Government" wherever used in the contract document
C. shall be synonymous
PROJECT MANAGER
The term "P.M." wherever used in these Bills of Quantities shall be deemed to imply
the Project Manager as defined in Condition 1 of the Conditions of Contract or such
person or persons as may be duly authorised to represent him on behalf of the
D. Government.
ARCHITECT
The term "Architect" shall be deemed to mean "The P.M." as defined above whose
address unless otherwise notified is the County Architect, Nyandarua County, P.O.
Box 701-, o
Carried to collection
96
ITEM DESCRIPTION QTY UNIT RATE K.SHS
A QUANTITY SURVEYOR
The term "Quantity Surveyor" shall be deemed to mean "The P.M." as defined above
whose address unless otherwise notified is the County Quantity Surveyor, Nyandarua
County, P.O. Box 701-20303 olkalou
B ELECTRICAL ENGINEER
The term "Electrical Engineer" shall be deemed to mean "The P.M." as definedabove
whose address unless otherwise notified is the County Electrical Engineer,
Nyandarua County P.O. Box 701-20303 olkalou.
C MECHANICAL ENGINEER
STRUCTURAL ENGINEER
The term "Structural Engineer" shall be deemed to mean "The P.M." as defined
E above whose address unless otherwise notified is the County Engineer (Structural),
Nyandarua County, 701-20303 olkalou.
FORM OF CONTRACT
Conditions of Contract
Carried to collection
97
ITEM DESCRIPTION QTY UNIT RATE K.SHS
A BOND.
The Contractor shall find and submit on the Form of Tender and approved bank and
who will be willing to be bound the Government in and amount equal to five per cent
(5) of the Contract amount for the due performances of the Contract up to the date of
completion as certified by the PROJECT MANAGER and who will when and if
called upon, sign a Bond to that effect on the relevant standard form included herein.
(without the addition of any limitations) on the same day as the Contract Agreement
is signed, by the Government, the Contractor shall furnish within seven days another
Surety to the approval of the Government.
B
PLANT, TOOLS AND VEHICLES
Allow for providing all scaffolding, plant, tools and vehicles required for the works
except in so far as may be stated otherwise herein and except for such items
specifically and only required for the use of nominated Sub-Contractors as described
herein. No timber used for scaffolding, formwork or temporary works of any kind
shall be used afterwards in the permanent work.
C
TRANSPORT.
All materials and workmanship used in the execution of the work shall be of the best
quality and description unless otherwise stated. The Contractor shall order all
materials to be obtained from overseas immediately after the Contract is signed and
shall also ensure they are onsite when required for use in the works. The Bills of
Quantities shall not be used for the purpose of ordering materials.
E
SIGN FOR MATERIALS SUPPLIED.
The Contractor will be required to sign a receipt for all articles and materials supplied
by the PROJECT MANAGER at the time of taking deliver thereof, as having
received them in good order and condition, and will thereafter be responsible for any
loss or damage and for replacements of any such loss or damage with articles and/or
materials which will be supplied by the PROJECT MANAGER at the current market
prices including Customs Duty and V.A.T., all at the Contractor's own cost and
expense, to the satisfaction of the PROJECT MANAGER
Carried to collection
98
ITEM DESCRIPTION QTY UNIT RATE K.SHS
A STORAGE OF MATERIALS
The Contractor shall provide at his own risk and cost where directed on the site
weather proof lock-up sheds and make good damaged or disturbed surfaces upon
completion to the satisfaction of the PROJECT MANAGER. Nominated Sub-
Contractors are to be made liable for the cost of any storage accommodation provided
especially for their use.
B SAMPLES
The Contractor shall furnish at his own cost any samples of materials or
workmanship including concrete test cubes required for the works that may be called
for by the PROJECT MANAGER for his approval until such samples are approved
by the PROJECT MANAGER and the PROJECT MANAGER, may reject any
materials or workmanship not in his opinion to be up to approved samples. The
PROJECT MANAGER shall arrange for the testing of such materials as he may athis
discretion deem desirable, but the testing shall be made at the expense of the
Contractor and not at the expense of the PROJECT MANAGER. The Contractor
shall pay for the testing in accordance with the current scale of testing charges laid
down by the Ministry of Public Works.
The procedure for submitting samples of materials for testing and the method of
marking for identification shall be as laid down by the PROJECT MANAGER The
Contractor shall allow in his tender for such samples and tests except those in
connection with nominated sub-contractors' work.
C
GOVERNMENT ACTS REGARDING WORKPEOPLE ETC.
Allow for complying with all Government Acts, Orders and Regulations in
connection with the employment of Labour and other matters related to the execution
of the works. In particular the Contractor's attention is drawn to the provisions of the
Factory Act 1950 and his tender must include for all costs arising or resulting from
compliance with any Act, Order or Regulation relating to Insurances, pensions and
holidays for workpeople or so the safety, health and welfare of the workpeople.
The Contractor must make himself fully acquainted with current Acts and
Regulations, including Police Regulations regarding the movement, housing, security
and control of labour, labour camps , passes for transport, etc. It is most important
that the Contractor, before tendering, shall obtain from the relevant Authority the
fullest information regarding all such regulations and/or restrictions which mayaffect
the organisation of the works, supply and control of labour, etc., and allow
accordingly in his tender. No claim in respect of want of knowledge in this
connection will be entertained.
Carried to collection
99
ITEM DESCRIPTION QTY UNIT RATE K.SHS
The Contractor shall be entirely responsible for the security of all the works stores,
materials, plant, personnel, etc., both his own and sub-contractors' and must provide
all necessary watching, lighting and other precautions as necessary to ensure security
against theft, loss or damage and the protection of the public.
Maintain as required throughout the execution of the works and make good any
damage to public or private roads arising from or consequent upon the execution of
the works to the satisfaction of the local and other competent authority and the
PROJECT MANAGER
C
EXISTING PROPERTY.
The Contractor shall take every precaution to avoid damage to all existing property
including roads, cables, drains and other services and he will be held responsible for
and shall make good all such damage arising from the execution of this contract at his
own expense to the satisfaction of the PROJECT MANAGER
D
VISIT SITE AND EXAMINE DRAWINGS.
The Contractor is recommended to examine the drawings and visit the site the
location of which is described in the Particular Preliminaries hereof. He shall be
deemed to have acquainted himself therewith as to its nature, position, means of
access or any other matter which, may affect his tender. No claim arising from his
failure to comply with this recommendation will be considered.
E
ACCESS TO SITE AND TEMPORARY ROADS.
Means of access to the Site shall be agreed with the PROJECT MANAGER prior to
commencement of the work and Contractor must allow for building any necessary
temporary access roads for the transport of the materials, plant and workmen as may
be required for the complete execution of the works including the provision of
temporary culverts, crossings, bridges, or any other means of gaining access to the
Site. Upon completion of the works, the Contractor shall remove such temporary
access roads; temporary culverts, bridges, etc., and make good and reinstate all works
and surfaces disturbed to the satisfaction of the PROJECT MANAGER The
Contractor should also allow for relocating existing fence (approx. 30 metres long).
Carried to collection
100
ITEM DESCRIPTION QTY UNIT RATE K.SHS
The area of the site which may be occupied by the Contractor for use of storage and
for the purpose of erecting workshops, etc., shall be defined on site by the PROJECT
MANAGER
The Contractor shall provide, erect and maintain where directed on site and
afterwards dismantle the site office of the standard type, complete with furniture. He
shall also provide a strong metal trunk complete with strong hasp and staple fastening
and two keys. He shall provide, erect and maintain a lock-up type water or bucket
closet for the sole use of the PROJECT MANAGER including making temporary
connections to the drain where applicable to the satisfaction of Government and
Medical Officer of Health and shall provide services of cleaner and pay all
conservancy charges and keep both office and closet in a clean and sanitary condition
from commencement to the completion of the works and dismantle and make good
disturbed surfaces. The office and closet shall be completed before the Contractor is
permitted to commence the works. The Contractor shall make available on the Site as
and when required by the "PROJECT MANAGER" a modern and accurate level
together with levelling staff, ranging rods and 50 metre metallic or linen tape.
C
WATER AND ELECTRICITY SUPPLY FOR THE
WORKS
The Contractor shall provide at his own risk and cost all necessary water, electric
light and power required for use in the works. The Contractor must make his own
arrangements for connection to the nearest suitable water main and for metering the
water used. He must also provide temporary tanks and meters as required at his own
cost and clear away when no longer required and make good on completion to the
entire satisfaction of the PROJECT MANAGER. The Contractor shall pay all
charges in connection herewith. No guarantee is given or implied that sufficient water
will be available from mains and the Contractor must make his own arrangements for
augmenting this supply at his own cost. Nominated Sub--contractors are to be made
liable for the cost of any water or electric current used and for any installation
provided especially for their own use.
Carried to collection
101
ITEM DESCRIPTION QTY UNIT RATE K.SHS
The Sanitation of the works shall be arranged and maintained by the Contractor to the
satisfaction of the Government and/or Local Authorities, Labour Department and the
PROJECT MANAGER
The works shall be executed under the direction and to the entire satisfaction in all
respects of the PROJECT MANAGER who shall at all times during normal working
hours have access to the works and to the yards and workshops of the Contractor and
sub-Contractors or other places where work is being prepared for the contract.
C
PROVISIONAL SUMS.
The term "Provisional Sum" wherever used in these Bills of Quantities shall have the
meaning stated in Section A item A7(i) of the Standard Method of Measurement.
Such sums are net and no addition shall be made to them for profit.
D
PRIME COST (OR P.C.) SUMS.
The term "Prime Cost Sum" or "P.C. Sum" wherever used in these Bills of Quantities
shall have the meaning stated in Section A item A7 (ii) of the Standard Method of
Measurement. Persons or firms nominated by the PROJECT MANAGER to execute
work or to provide and fix materials or goods are described herein as NominatedSub-
Contractors. Persons or firms so nominated to supply goods or materials are
described herein as Nominated Suppliers.
E
PROGRESS CHART.
The Contractor shall provide within two weeks of Possession of Site and in
agreement with the PROJECT MANAGER a Progress Chart for the whole of the
works including the works of Nominated Sub-Contractors; one copy to be handed to
the PROJECT MANAGER and a further copy to be retained on Site. Progress to be
recorded and chart to be amended as necessary as the work proceeds.
Carried to collection
102
ITEM DESCRIPTION QTY UNIT RATE K.SHS
In the final account all P.C. Sums shall be deducted and the amount properly
expended upon the PROJECT MANAGER'S order in respect of each of them added
to the Contract sum. The Contractor shall produce to the PROJECT MANAGERsuch
quotations, invoices or bills, properly receipted, as may be necessary to show the
actual details of the sums paid by the Contractor. Items of profit upon P.C. Sums
shall be adjusted in the final account pro-rata to the amount paid. Items of
"attendance"
Should the Contractor be permitted to tender and his tender be accepted of any work
for which a P.C. Sum is included in these Bill of Quantities profit and attendance will
be allowed at the same rate as it would be if the work were executed by a Nominated
Sub-Contractor.
B
ADJUSTMENT OF PROVISIONAL SUMS.
In the final account all Provisional Sums shall be deducted and the value of the work
properly executed in respect of them upon the PROJECT MANAGER's order added
to the Contract Sum. Such work shall be valued as described for Variations in
Conditions No. 22 of the Conditions of Contract, but should any part of the work be
executed by a Nominated Sub-Contractor, the value of such work or articles for the
work to be supplied by a Nominated Supplier, the value of such work or articles shall
be treated as a P.C. Sum and profit and attendance comparable to that contained in
the priced Bills of Quantities for similar items added.
C
NOMINATED SUB-CONTRACTORS
Carried to collection
103
ITEM DESCRIPTION QTY UNIT RATE K.SHS
A DIRECT CONTRACTS
Notwithstanding the foregoing conditions, the Government reserves the right toplace
a "Direct Contract" for any goods or services required in the works which are covered
by a P.C. Sum in the Bills of Quantities and to pay for the same direct. In any such
instances, profit relative to the P.C. Sum the priced Bills of Quantities will be
adjusted as described for P.C. Sums and allowed.
B ATTENDANCE UPON OTHER TRADESMEN, ETC.
The Contractor shall allow for the attendance of trade upon trade and shall afford any
tradesmen or other persons employed for the execution of any work not included in
this Contract every facility for carrying out their work and also for use of his ordinary
scaffolding. The Contractor, however, shall not be required to erect any special
scaffolding for them. The Contractor shall perform such cutting away for and making
good after the work of such tradesmen or persons as may be ordered by the
PROJECT MANAGER and the work will be measured and paid for to the extent
executed at rates provided in these Bills.
C
INSURANCE
Carried to collection
104
ITEM DESCRIPTION QTY UNIT RATE K.SHS
Any unauthorised alteration or qualification made to the text of the Bills of Quantities
may cause the Tender to be disqualified and will in any case be ignored. The
Contractor shall be deemed to have made allowance in his prices generally to cover
any items against which no price has been inserted in the priced Bills of Quantities.
All items of measured work shall be priced in detail and the Tenders containing
Lump Sums to cover trades or groups of work must be broken down to show the
price of each item before they will be accepted.
B
BLASTING OPERATIONS
Blasting will only be allowed with the express permission of the PROJECT
MANAGER in writing. All blasting operations shall be carried out at the Contractor's
sole risk and cost in accordance with any Government regulations in force for the
time being, and any special regulations laid down by the PROJECT MANAGER
governing the use and storage of explosives.
C
MATERIALS ARISING FROM EXCAVATIONS
Materials of any kind obtained from the excavations shall be the property of the
Government. Unless the PROJECT MANAGER directs otherwise such materials
shall be dealt with as provided in the Contract. Such materials shall only be used in
the works, in substitution of materials which the Contractor would otherwise have
had to supply with the written permission of the PROJECT MANAGER Should such
permission be given, the Contractor shall make due allowance for the value of the
materials so used at a price to be agreed.
D
PROTECTION OF THE WORKS.
Provide protection of the whole of the works contained in the Bills of Quantities,
including casing , casing up, covering or such other means as may be necessary to
avoid damage to the satisfaction of the PROJECT MANAGER and remove such
protection when no longer required and make good any damage which may
E nevertheless have been done at completion free of cost to the Government.
Removal of rubbish and debris from the Buildings and site as it accumulates and at
the completion of the works and remove all plant, scaffolding and unused materials at
completion.
Carried to collection
105
ITEM DESCRIPTION QTY UNIT RATE K.SHS
Clean and flush all gutters, rainwater and waste pipes, manholes and drains, wash
(except where such treatment might cause damage) and clean all floors, sanitary
fittings, glass inside and outside and any other parts of the works and remove all
marks, blemishes, stains and defects from joinery, fittings and decorated surfaces
generally, polish door furniture and bright parts of metalwork and leave the whole of
the buildings watertight, clean, perfect and fit for occupation to the approval of the
PROJECT MANAGER
B
GENERAL SPECIFICATION.
For the full description of materials and workmanship, method of execution of the
work and notes for pricing, the Contractor is referred to the Ministry of Roads, Public
Works and Housing General Specification dated 1976 or any subsequent revision
thereof which is issued as a separate document, and which shall be allowed in all
respects unless it conflicts with the General Preliminaries, Trade Preambles or other
items in these Bills of Quantities.
C
TRAINING LEVY
The Contractor's attention is drawn to legal notice No. 237 of October, 1971, which
requires payment by the Contractor of a Training Levy at the rate of 1/4 % of the
Contract sum on all contracts of more than Kshs. 1000,000.00 in value.
D
MATERIALS ON SITE
All materials for incorporation in the works must be stored on or adjacent to the site
before payment is effected unless specifically exempted by the PROJECT
MANAGER. This includes the materials of the Main Contractor, Nominated Sub-
Contractors and Nominated Suppliers.
E.
HOARDING
The Contractor shall enclose all the site under construction with a hoarding 2400 mm
high consisting of iron sheets gauge 30 on 100 x 50 mm 2nd grade treated sawn
cypress timber posts firmly secured at 1800 mm centres with two 75 x 50 mm 2nd
grade treated sawn cypress timber rails. The Contractor is in addition required to take
all precautions necessary for the safe custody of the works, materials, plant, public
and Employer's property on the site.
Carried to collection
106
ITEM DESCRIPTION QTY UNIT RATE K.SHS
The Contractor shall constantly keep on the works a literate English speaking Agent
or Representative, competent and experienced in the kind of work involved who shall
give his whole experience in the kind of work involved and shall give his whole time
to the superintendence of the works. Such Agent or Representative shall receive on
behalf of the Contractor all directions and instructions from the Project Manager and
such directions shall be deemed to have been given to the Contractor in accordance
with the Conditions of Contract.
Carried to collection
COLLECTION
100
102
103
107
104
108
PREAMBLE & PRICING NOTES
109
ITEM DESCRIPTION QTY UNIT RATE K.SHS
PREAMBLES AND PRICING NOTES
A GENERALLY
All work to be carried out in accordance with the Ministry of Roads, Public Works
and Housing General Specifications for Building Works issued in 1976 or as
qualified or amended.
B MANUFACTURERS’ NAMES
Where manufacturers’ name(s) and catalogue references are given, it is for guidance
to quality and standard only. Alternative manufacturer of equal quality will be
accepted at the discretion of the Project Manager.
C WALLING
All precast concrete blocks shall be manufactured by the methods and to the sizes
specified in the Ministry of Roads, Public Works and Housing “Specification for
Metric Sized Concrete Blocks for Building (1972)”
Walling of 100 mm thickness or under shall be reinforced with hoop iron at every
alternate course.
Prices for walling must allow for all costs in preparing, packing and sending sample
blocks for testing as and when required by the Project Manager
D
CARPENTRY
The grading rules for cypress shall be the same as for podo carpus and all timber used
for structural work shall be select (second grade).
All structural timber must conform to the minimum requirements for moisture
content and preservative treatment and timber prices must allow forpreparing,
packing and sending samples for testing when required.
Cypress for joinery shall be second grade in accordance with the latest grading rules
of the Kenya Government.
Carried to collection
110
ITEM DESCRIPTION QTY UNIT RATE K.SHS
A Where Mahogany is specified, this refers to prime grade only. The Contractor may
with the approval of the Project Manager, use either Msharagi or Mvuli in lieu of
Mahogany but such approval will be given only in the case of shortages of the
hardwoods specified.
Plugging shall be carried out by drilling walling or concrete with masonry drill and
filling with propriety plugs of the correct sizes. Cutting with hammer and chisel will
not be allowed.
Prices for joinery must include for pencil rounded arrises, protection against damage,
nails, screws, framing and bedding in cement mortar as required.
Sizes given for joinery items are nominal sizes and exact dimensions of doors, etc,
must be ascertained on site.
B
STRUCTURAL ENGINEER
The term "Structural Engineer" shall be deemed to mean "The P.M." as defined
above whose address unless otherwise notified is the County Engineer (Structural),
Nyandarua County701-20303 olkalou.
C
,
IRONMONGERY
Prices must include for removing and re-fixing during and after painting, labeling all
keys, and for fixing to hardwood, softwood, concrete or block work.
Catalogue references given for ironmongery are for purposes of indicating qualityand
size of item(s). Should the Contractor wish to substitute the specified item(s) with
D others of equal quality, he must inform the Project Manager and obtain approval in
writing.
STRUCTURAL STEELWORK
All structural steelwork shall comply with the Ministry of Roads, Public Works and
Housing “Structural Steelwork Specification (1973) and shall be executed by an
approved Sub-contractor.
Carried to collection
111
ITEM DESCRIPTION QTY UNIT RATE K.SHS
All finishing shall be as described in the general specifications and in these Bills of
Quantities.
Prices for pavings are to include for brushing concrete clean, wetting and coating
with cement and sand grout 1:1.
Rates for glazed wall tiling are to include for a 12 mm cement and sand (1:4) backing
screed unless otherwise specified in these Bills of Quantities.
B
GLAZING
Allow for transport of workmen, materials, etc., to and from the site at such hours and
by such routes as may be permitted by the competent authorities.
Prices for glazing shall include for priming of rebates before placing putty.
The Contractor will be responsible for replacing any broken or scratched glass and
handing over in perfect condition.
C
PAINTING
Prices for painting are to include for scaffolding, preparatory work, priming coats,
protection of other works and for cleaning up on completion. Prices for painting on
galvanized metal are to include for mordant solution as necessary.
A PARTICULAR PRELIMINARIES
B GENERAL PRELIMINARIES
113
BUILDER’S WORK
BUILDERS WORKS
ITEM DESCRPTION QTY UNIT RATE AMOUNT
ELEMENT NO. 1
Site clearance
Oversite excavation
Carried to Collection
A 50mm thick murram blinding to surfaces of fill 261 SM
Antitermite treatment
Termidor' or other equal and approved anti-
termite insecticide treatment with ten years
B guarantee, applied strictly in accordance with 261 SM
manufacturer's instructions, to tops of fill and
foundation walls
D Strip foundation 32 CM
Steel reinforcement
Walling
Plinth areas
Insitu Finishings
Paving Slabs.
600 x 600 x 50 mm Precast concrete class 20/20
paving slabs, laid to falls on blinded hardcore
F 110 SM
surface and jointed in cement and sand (1:3)
mortar
Carried to Collection
COLLECTION
From page BW / 2
From page BW / 3
FRAME
A Beams 11 CM
Reinforcement
WALLING
Sundries
ROOFING CONSTRUCTION.
CARPENTRY
Carried to Collection -
A 225 x 25mm ridge board 86 LM
RAINWATER DISPOSAL
K Extra; ends 6 NO
Carried to collection
ITEM DESCRPTION QTY UNIT RATE AMOUNT
Painting and Decorations
On Woodwork
On Metal work
D Small pipes 11 LM
Carried to collection
COLLECTION
From page BW / 7
From page BW / 8
From above
B 150 x 50 mm transome 15 LM
Iron mongery
Supply and fix the following to UNION
catalogue or other equal and approved
To softwood, hardwood or the like fixing with
screws
3-lever satin chrome lockcase 57mm centres
H 17 N0
with Phoenix aluminium handle on plate.
Carried to collection
ITEM DESCRPTION QTY UNIT RATE AMOUNT
To concrete or blockwork; fixing with bolts;
plugging
Glazing
On wood
Carried to collection
COLLECTION
From page BW / 10
From page BW / 11
Glazing
On Metal work
FINISHES
Wall finishes
Insitu finishes
Beds or Backings
Render; cement and sand (1:3)
Carried to Collection
ITEM DESCRPTION QTY UNIT RATE AMOUNT
Floor finishes
Beds or Backings
Ceiling finishes
Wrot cypress
Chip board
Carried to Collection
ITEM DESCRPTION QTY UNIT RATE AMOUNT
Painting and Decorations
To wood surfaces
Carried to Collection
COLLECTION
From page BW / 14
From page BW / 15
From above
(ALL PROVISIONAL)
A 100mm plinths 18 SM
Sawn formwork
E Soffites of worktop 18 SM
Carried to Collection
ITEM DESCRPTION QTY UNIT RATE AMOUNT
Beds or Backings
On wood
J To cabinet shelving 14 SM
K Ditto; doors 44 SM
Wrot mahogany
Sundries
On Metal work
On wood
END OF 6 no BENCHES
Carried to Collection
ITEM DESCRPTION QTY UNIT RATE AMOUNT
The following in Pharmacy drug shelves 450mm
wide, overall length 7200mm × 2400 mm high
I Timber surfaces 26 SM
Carried to Collection
ITEM DESCRPTION QTY UNIT RATE AMOUNT
Blockboard to B.S 3444
G Timber surfaces 17 SM
Carried to Collection
COLLECTION
From page BW / 17
From page BW / 18
From page BW / 19
From page BW / 20
From above
1 SUBSTRUCTURES (PROVISIONAL) BW / 4 -
2 FRAME BW / 5 -
3 WALLING BW / 6 -
4 ROOF CONSTRUCTION. BW / 9 -
5 DOORS BW / 12 -
6 WINDOWS BW / 13 -
7 FINISHES BW / 16
SANITARY FITTINGS
acceptable.
A Water Closet 3 NO
Squatting water closet suite in vitreous china
comprising of water closet bowl with top plate
and integral foot threads, S/P-trap connecter, 9
litres high cistern and fittings and pull chain
including siphon, 15mm dia side inlet ball
valve, 200mm dia side overflow, plastic flush
pipe, inlet connector and cistern supports.All to
be as “Twyfords Oriental” or approved
B Urinal 2 NO.
Urinal bowl in white vitreous china t complete
with 7.5 litres automatic ceramic cistern ref CX
8611 WH, and fittings including siphon ball
valve, cistern supports and drip tap in brass,
chrome plated bottle trap, chrome plated
flushpipe and spreader ref SS 6071SS with all
connections, wall hangers/supports. To be as
C Mirrors
6mm thick polished plate glass silver backed 2 NO
mirror with bevelled edges, size 610 x 610mm,
plugged and screwed to wall with 4NO. chrome
plated dome capped screws. The mirror shall
rest against a layer of 5mm thick foam.
C Soap Dispenser
Soap Dispenser, capacity 1.136 litres complete
with plastic rawl plugs, fixing screws, lock and
key complete with initial fill of soap gel. The
soap dispenser to be as ZALPON'S MARK 7
model, size 125 x 100 x 290mm high or
approved equivalent
D Lab Sink
Laboratory sink to be 492 x 419 x 165 mm deep 1 NO
manufactured from polypropylene black in
colour. The sink to be coplete with 38mm
diameter BSP waste, and black nut, Butyl rubber
gasket, heavy duty hot/cold water sink mixer
piller tap with one swivel outlet with NOzzle.
To be Vulcathane laboratory sinks or equal and
approved.
E Kitchen Sink
Single bowl single drainer (SB SD) stainless 1 NO
steel size 1500x600mm, bowl size 430x430mm
compplete with overflow, waste fittings, chain
stays and 40mm diameter bottle trap with 75mm
deep sill complete with chrome sink mixer
A Booster Pumps
PPR Pipes
E 20mm
2 NO
F 25mm
5 NO
G 32mm
2 NO
H 40mm
2 NO
I 50mm
2 NO
A 50x40mm reducer 2 NO
B 50x32mm reducer 2 NO
C 40x32mm reducer 4 NO
D 32x25mm reducer 5 NO
E 32x20mm reducer 10 NO
F 25x20mm reducer 10 NO
Gate valves
I 32mm -ditto- 2 NO
J 40mm -ditto- 1 NO
K 50mm -ditto- 1 NO
A Supply, deliver and install vertical close end
plastic moulded tank of capacity 920 litres (200
gallons) and diameter 1080 x 1120mm high.
The tank to be assembled complete with cover
and having screwed connections for inlet, outlet,
overflow, 50mm medium pressure ball valve,
drain pipes and any other necessary item for its
proper functioning. The tank shall be mounted
in the roof space. 2 NO.
1 PRELIMINARIES
2 BUILDERS WORK
3 MECHANICAL WORK
……………….…………………………………………………………………………………………………
……………….…………………………………………………………………………………………………
Address…………………………………………………………………………………………………
Date…………………………………………………………………………………………………….
Address…………………………………………………………………………………………………
Date……………………………………………………………………………………………………..
ROOF SPECIFICATIONS NOTES
30` Roof pitch
Mangalore roofing tiles on 50 x 50 mm baens 1. All dimensions are in milimetres unless specified otherwise.
roofing felt
2. All dimensions are to be read and not scaled/measured.
150 x 50 mm trussed rafters and ceiling joists
100 x 50 mm wall plate struts and ties. 3. All masonry walls are to be reinforced with hoop iron at every
alternate course.
4. All works to be executed in accordance with the local
authority by-laws and relevant building codes and regulations.
5. D.P.C. to be provided for all ground floor masonry walling.
300
6. Provide permanent vents to all opennings.
7.Any discrepancy to be reported to the designer.
North Elevation 300 x 200 mm R.c. beam 8. Foundation depths to be determined on site.
1,800
to S.E. det. 9. All works to executed under supervison of a qualified
3,100
resident engineer or architect.
Steel casement window to
10. Structural concrete to be class 25 (1:1.5:3) unless
schedule.
1,000
specified otherwise.
medium dressed masonry 11. minimum covers to be
wall.
-stair, slabs and wall =20mm.
-beams main bars =30mm.
Foundation note -columns main bars =40mm.
150 mm slab on approved dpm ,A142 BRC mesh,75 mm blinding.
-foundation =50mm.
300 mm well compacted hardcore,600 x 200 mm strip fdn footing.
[Foundation depth to be determined on site] 12. All tensile steel(Y) AND mild steel (R) to be in accordance
with BS 4449 and fabric mesh to be in accordance with
South Elevation BS4483.
13. Minimum laps to be 55 times the diameter unless
SECTION Y -- Y otherwise stated.
14. Nominal aggregate size to be 20mm.
15. Indmenity:the designer will not be liable for poor workmanship
,poor methods of construction, poor quality materials by
the contractor.
North Elevation.
Y
A B C D E F G H I J K L
33,750
4,550 3,000 3,000 3,000 2,000 3,000 3,000 3,000 3,000 3,000 3,000
200 150 150 150 200 200 200 200 200 200 200 200 200 200 200
1,200 900 900 900 2,800 2,800 2,800 1,800 2,800 2,800 2,800 2,800 2,800 2,800 OVERALL WINDOW & DOOR SCHEDULE
W3 W2 W2 W2 W1 W1 W1 W1 W1 W1 W1 W1 W1 W1
200
200
200
WINDOW SCHEDULE PROJECT:
1,800
D2 D2 D2
150
3,600
1,650
East Elevation
GENTS LADIES LABORATORY KITCHENETTE TE A ROO DRESSING INJECTION MCH FP STORE W2 500 750 3 ----------- Ditto----------
D2
COMMUNITY CONSULTATION
6,400
SERVICES ROOM
W3 750 750 1 ----------- Ditto----------
200
200
200
D2 D2 D2 D2 D2 D2 D2 D2 D2 D2 D2 D2
D1
DOOR SCHEDULE.
2,200
900 2800 Single leaf steel casement door with 900 x 600 mm
2,200
2,200
D1 1
D3
200
200
D3
300
W1 W1 W1 W1 W1 W1
DEPARTMENT OF HEALTH-
D3 Double leaf steel casement door with 1500 x 600 mm
3
D2
1500 2800
high transom
2,400
1,800
NYANDARUA COUNTY.
W1
W1
RECEPTION
200 300
200
W1
1,200
6,600
D3
CHECKED BY:
1,800
W1
200
200
200 200
W1 W1
200 200 200 DRAWING TITLE:
7,350 5,800 16,800 2,800 PLANS ,SECTIONS AND ELEVATION ,
4,550 3,000 3,000 3,000 2,000 3,000 3,000 3,000 3,000 3,000 3,000
33,750
Working drawing
A B C D E F G H I J K L
DEPARTMENT OF ROADS,PUBLIC
WORKS AND TRANSPORT
Y
COUNTY WORKS OFFICE
South Elevation.
NYANDARUA COUNTY
FLOOR PLAN P.O BOX 82 NYAHURURU.