REPUBLIC

OF KENYA
















COUNTY GOVERNMENT OF KERICHO

DEPT:EDUCATION, YOUTH AFFAIRS, CULTURE AND

SOCIAL SERVICES

TENDER NO:

CGK/EDU/ T / ………… 2019/2020

TENDER NAME: CONSTRUCTION OF ECDE

CLASSROOM AT ………………………………..
SUB - COUNTY………………………………………

WARD NAME………………………………………..

 REPUBLIC OF KENYA

COUNTY GOVERNMENT OF KERICHO

DEPARTMENT OF EDUCATION,YOUTH AFFAIRS
CULTURE AND SCOIAL SERVICES

BILL OF QUANTITIES

FOR

PROPOSED ECD CLASSROOM

ISSUED BY: PREPARED BY:

COUNTY WORKS OFFICER, COUNTY QUANTITY SURVEYOR,
P.O BOX 7-20200, P.O BOX 7-20200,
KERICHO. KERICHO.

 6.1 For the purposes of this clause, the following
occurrences shall be valid for consideration;
Delay by:-
(a) force majeure, or

(b) reason of any exceptionally adverse weather conditions,

or

(c) reason of civil commotion, strike or lockout affecting

any of the trades employed upon the Works or any of
the trades engaged in the preparation, manufacture or
transportation of any of the goods or materials required
for the Works, or

(d) reason of the Employer’s Representative’s instructions

issued under these Conditions, or reason of the
contractor not having received in due time necessary
instructions, drawings, details or levels from the
Employer’s Representative for which he specifically
applied in writing on a date which having regard to the
date for Completion stated in the appendix to these
Conditions or to any extension of time then fixed under
this clause was neither unreasonably distant from nor
unreasonably close to the date on which it was
necessary for him to receive the service.

 TABLE OF CONTENTS

PAGE

INTRODUCTION ………………………………………… 1

SECTION I INVITATION FOR TENDERS …………………………… 2

SECTION II INSTRUCTIONS TO TENDERERS …………………… 4

SECTION III CONDITIONS OF CONTRACT ………………………… 11

APPENDIX TO CONDITIONS OF CONTRACT ……… 21 - 22

SECTION IV SPECIFICATIONS, DRAWINGS AND

BILLS OF QUANTITIES/SCHEDULE OF RATES……… 23

SECTION V STANDARD FORMS ……………………………………… 25

 TENDER FOR CONSTRUCTION OF ECD CLASSROOMS

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 (e.g. Buildings,
Roads, Bridges, Repairs and Maintenance) which the Kericho County
Government considers to be small and where it is not required to be open
tendering.

1.2 The following guidelines should be observed when using the document: - (a)
Specific details should be furnished in the tender notice and in the special
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 a amendments to these parts should
be made through Appendix to instructions to tenderers and special conditions of
contract respectively.
2
1.3 (a) 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. The invitation to tender shall be as an advertisement in accordance with the

regulations or a letter of invitation addressed to tenderers who have been
prequalified following a request for prequalification.

1.4 The cover of the tender document should be modified to include:-

 II. Tender number.
III. Tender name.
IV. Name of procuring entity.
V. Delete name and address of PPOA.

SECTION I
INVITATION FOR TENDERS

Tender reference No.CGK/EDU/…..…………../19/20

Tender Name: CONSTRUCTION OF ECDE CENTRE AT ……………………………..

PRIMARY SCHOOL/ECDE CLASSROOM

1.1 The County Government of Kericho invites sealed tenders for

the construction OF ECDE CENTRE AT
………………………………………………

A complete tender document may be obtained by interested candidates free of charge from
the county website: www.kericho.go.ke.

Prices quoted should be net inclusive of all taxes, and delivery costs, MUST be in Kenya
Shillings and shall remain valid for 120 days from the closing date of the tender.

Interested and eligible bidders must submit their bids in IFMIS through the Kenya Suppliers
Portal and drop the hard copy tender document as specified below.

Completed tender documents are to be enclosed in plain sealed envelopes, marked with the
tender number and name and be deposited in the Tender Box A at County Headquarters
offices situated along Kisumu - Nakuru Highway, opposite Sinendet towers or to addressed
to:Kericho County Po. Box 112 Kericho,so as to be received on or before 20th December.2019
at 10.00 Am

 1.2 Prices quoted should be net inclusive of all taxes, must be in
Kenya shillings and shall remain valid for (120) days from the
closing date of tenders

1.3 Tenders will be opened immediately thereafter in the presence of

the
candidates or their representatives who choose to attend.

For (Accounting Officer/Procuring Entity)

SECTION II

INSTRUCTIONS TO TENDERERS

TABLE OF CONTENTS

CLAUSE PAGE.

3. PREPARATION OF TENDERS ------------------- 5 - 6

4. SUBMISSION OF TENDERS --------------------- 6 - 7

5. TENDER OPENING AND EVALUATION -------- 7 - 8

6. AWARD OF CONTRACT ------------------------- 8 - 9

INSTRUCTIONS TO TENDERERS.

 1. General

1.1The 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 said Appendix.

1.2Tenderers shall include the following information and documents with their tenders,
unless otherwise stated:

(a) copies of certificates of registration, and principal place of business;

(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 clients who may be contacted for further information
on these contracts;
(d) major items of construction equipment owned;
(e) qualifications and experience of key site management and technical
personnel proposed for the Contract;
(f) reports on the financial standing of the Tenderer, such as profit and
loss statements and auditor’s reports for the last five years;
(g)authority to seek references from the Tenderer’s bankers.
1.3 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.
1.4 The Tenderer, at the Tenderer’s own responsibility and risk, is
encouraged to visit and examine the Site of the Works and its
surroundings, and obtain all information that may be necessary for
preparing the tender and entering into a contract for construction of the
Works. The costs of visiting the Site shall be at the Tenderer’s own
expense.

1.5 The Kericho County Government employees, committee members,

board members and their relative (spouse and children) are not eligible
to participate in the tender.

1.6 The price to be charged for the tender document shall not exceed
Kshs.5,000/=

1.7 The Kericho County Government shall allow the tenderer to review the
tender document free of charge before purchase.

2. Tender Documents

2.1The complete set of tender documents comprises the documents listed here below
and any addenda issued in accordance with clause
2.4 herebelow:-

 (a) These instructions to Tenderers
(b) Form of Tender
(c) Conditions of Contract and Appendix to Conditions of Contract
(d) Specifications
(e) Drawings
(f) Bills of Quantities/Schedule of Rates (whichever is applicable)
(g) Other materials required to be filled and submitted in accordance with
these Instructions and Conditions

2.2 The Tenderer shall examine all instructions, forms and specifications in
the tender documents. Failure to furnish all information required by the
tender documents may result in rejection of his tender.

2.3 A prospective Tenderer making inquiries of the tendering 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
respond to any request for clarification received earlier than seven [7]
days prior to the deadline for submission of tenders. Copies of the
Employer’s response will be forwarded to all persons issued with
tendering documents, including a description of the inquiry, but without
identifying its source.

2.4 Before the deadline for submission of tenders, the Employer may
modify the tendering documents by issuing addenda. Any addendum
thus issued shall be part of the tendering documents and shall be
communicated in writing or by cable, telex or facsimile to all Tenderers.
Prospective Tenderers shall acknowledge receipt of each addendum in
writing to the Employer.

2.5 To give prospective Tenderers reasonable time in which to take an

addendum into account in preparing their tenders, the Employer shall
extend, as necessary, the deadline for submission of tenders in
accordance with clause 4.2 herebelow.

3. Preparation of Tenders

3.1 All documents relating to the tender and any correspondence shall be in
English Language.

3.2 The tender submitted by the Tenderer shall comprise the following:-
(a) The Tender;

(b) Tender Security;

(c) Priced Bill of Quantities/Schedule of Rates for lump-sum Contracts

 (d) Any other materials required to be completed and submitted by
Tenderers.

3.3 The Tenderer shall fill in rates and prices for all items of the Works
described in the Bill of Quantities/Schedule of Rates. Items for which
no rate or price is entered by the Tenderer will not be paid for when
executed and shall be deemed covered by the other rates and prices in
the Bill of Quantities/Schedule of Rates. All duties, taxes and other
levies payable by the Contractor under the Contract, as of 30 days prior
to the deadline for submission of tenders, shall be included in the tender
price submitted by the Tenderer.

3.4 The rates and prices quoted by the Tenderer shall not be subject to any
adjustment during the performance of the Contract.

3.5 The unit rates and prices shall be in Kenya Shillings.

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.

3.7 The Tenderer shall prepare one original of the documents comprising the
tender documents as described in these Instructions to Tenderers.

3.8 The original shall be typed or written in indelible ink and shall be signed
by a person or persons duly authorized to sign on behalf of the Tenderer.
All pages of the tender where alterations or additions have been made
shall be initialed by the person or persons signing the tender.

3.9 Clarification of tenders shall be requested by the tenderer to be received

by the Kericho County Government not later than 7 days prior to the
deadline for submission of tenders.

3.10 The Kericho County Government shall reply to any clarifications sought
by the tenderer within 3 days of receiving the request to enable the
tenderer to make timely submission of its tender.

4. Submission of Tenders

4.1 The tender duly filled and sealed in an envelope shall;-

(a) be addressed to the Employer at the address provided in the invitation to

tender;

(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.

4.3 The tenderer shall not submit any alternative offers unless they are
specifically required in the tender documents.

Only one tender may be submitted by each tenderer. Any tenderer who fails
to comply with this requirement will be disqualified.

4.4 Any tender received after the deadline for opening tenders will be
returned to the tenderer un-opened.

4.5 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.

5. Tender Opening and Evaluation

5.1 The tenders will be opened in the presence of the Tenderers’

representatives who choose to attend at the time and in the place
specified in the invitation to tender.

5.2 The Tenderers’ names, the total amount of each tender and such other
details as may be considered appropriate, will be announced at the
opening by the Employer. Minutes of the tender opening, including the
information disclosed to those present will also be prepared by the
Employer.

5.3 Information relating to the examination, clarification, evaluation and

comparison of tenders and recommendations for the award of the
Contract shall not be disclosed to Tenderers or any other persons not
officially concerned with such process until the award to the successful
Tenderer has been announced. Any effort by a Tenderer to influence the
Employer’s officials, processing of tenders or award decisions may
result in the rejection of his tender.

5.4 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’s representative, there is an obvious
typographical error, in which case the adjustment will be made
to the entry containing that error.
(c) In the event of a discrepancy between the tender amount as
stated in the Form of Tender and the corrected tender figure in
the main summary of the Bill of Quantities/Quotation, the
amount as stated in the Form of Tender shall prevail.
(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
forfeited.

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

5.6 Contract price variations shall not be allowed for contracts not
exceeding one year (12 months)

5.7 Where contract price variation is allowed, the valuation shall not exceed
15% of the original contract price.

5.8 Price variation requests shall be processed by the Kericho County

Government within 30 days of receiving the request.

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

5.10 To assist in the examination, evaluation, and comparison of tenders, the

Employer at his discretion, may request [in writing] 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 tender price or substance of the
tender shall be sought, offered or permitted.

 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.

6. Award of Contract

6.1 The award of the Contract will be made to the Tenderer who has offered
the lowest evaluated tender price.

6.2 Notwithstanding the provisions of clause 6.1 above, 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” which the Employer will pay the Contractor in consideration of
the execution, completion, and maintenance of the Works by the
Contractor as prescribed by the Contract. The contract shall be formed
on the parties signing the contract. At the same time the other tenderers
shall be informed that their tenders have not been successful.

6.4 The Contract Agreement will incorporate all agreements between the
Employer and the successful Tenderer. It will be signed by the
Employer and sent to the successful Tenderer, within 30 days following
the notification of award. Within 21 days of receipt ,the successful
Tenderer will sign the Agreement and return it to 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 amount
stipulated in the Appendix to Conditions of Contract.

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

6.7 The Kericho County Government may at any time terminate

procurement proceedings before contract award and shall not be liable to
any person for the termination.

 6.8 The Kericho County Government shall give prompt notice of the
termination to the tenderers and on request give its reasons for
termination within 14 das of receiving the request from any tenderer.

7. Corrupt and fraudulent practices

7.1 The Kericho County Government requires that the tenderer observes
the highest standard of ethics during the procurement process and
execution of the contract. A tenderer shall sign a declaration that he has
not and will not be involved in corrupt and fraudulent practices.

7.2 The Kericho County Government will reject a tender if it determines

that the tenderer recommended for award has engaged in corrupt and
fraudulent practices in competing for the contract in question.

7.3 Further a tenderer who is found to have indulged in corrupt and

fraudulent practices risks being debarred from participating in public
procurement in Kenya.

SECTION III
CONDITIONS OF CONTRACT
Table of Clauses Page
1. DEFINITIONS……………………………………………………………… 11

2. CONTRACT DOCUMENTS……………………………………………… 12

3. EMPLOYER’S REPRESENTATIVE’S DECISIONS………………… 13

4. WORKS, LANGUAGE AND LAW OF CONTRACT…………………. 13

5. SAFETY, TEMPORARY WORKS AND DISCOVERIES……………. 13

6. WORK PROGRAM AND SUB-CONTRACTING…………………….. 13

7. THE SITE…………………………………………………………………. 13 - 14

8. INSTRUCTIONS…………………………………………………………… 14
9. EXTENSION OF COMPLETION DATE……………………………….. 14 - 15
10. MANAGEMENT MEETINGS……………………………………………. 15

 11. DEFECTS…………………………………………………………………… 15 - 16

12. BILLS OF QUANTITIES/SCHEDULE OF RATES…………………. 16

13. VARIATIONS……………………………………………………………….. 16

14. PAYMENT CERTIFICATES AND FINAL ACCOUNT ………………… 16 - 17

15. INSURANCES ……………………………………………………………. 18

16. LIQUIDATED DAMAGES………………………………………………… 18

17. COMPLETION AND TAKING OVER…………………………………… 18

18. TERMINATION……………………………………………………………… 18 - 19

19. PAYMENT UPON TERMINATION………………………………………… 19

20. CORRUPT GIFTS AND PAYMENTS OF COMMISSION……………… 19 - 20

21. SETTLEMENT OF DISPUTES……………………………………………… 20

22. APPENDIX TO CONDITIONS OF CONTRACT ………………………… 21 – 22

SECTION III - CONDITIONS OF CONTRACT

1. Definitions

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

“Bills of Quantities” means the priced and completed Bill of Quantities

forming part of the tender[where applicable].

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

“The Completion Date” means the date of completion of the Works as

certified by the Employer’s Representative.

 “The Contract” means the agreement entered into by the Employer
and the Contractor as recorded in the Agreement Form and signed by the
parties.

“The Contractor” refers to the person or corporate body whose tender to

carry out the Works has been accepted by the Employer.

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

by the Contractor to the Employer.

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

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

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

“The Defects Liability Certificate” is the certificate issued by

Employer’s Representative upon correction of defects by the Contractor.

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

Conditions of Contract and calculated from the Completion Date.

“Drawings” include calculations and other information provided or

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

“Employer” Includes Central or Local Government administration,

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

“Equipment” is the Contractor’s machinery and vehicles brought

temporarily to the Site for the execution of the Works.

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

“Materials” are all supplies, including consumables, used by the Contractor

for incorporation in the Works.

 “Employer’s Representative” is the person appointed by the
Employer and notified to the Contractor for the purpose of supervision
of the Works.

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

Contract.

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

“ A 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 Employer’s Representative

which varies the Works.

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

2. Contract Documents

2.1 The following documents shall constitute the Contract documents and
shall be interpreted in the following order of priority;

(1) Agreement,
(2) Letter of Acceptance,
(3) Contractor’s Tender,
(4) Conditions of Contract,
(5) Specifications,
(6) Drawings,
(7) Bills of Quantities or Schedule of Rates [whichever is applicable)

3. Employer’s Representative’s Decisions

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

4. Works, Language and Law of Contract

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

4.2 The ruling language of the Contract shall be English language and the
law governing the Contract shall be the law of the Republic of Kenya.

5. Safety, Temporary works and Discoveries

5.1 The Contractor shall be responsible for design of temporary works and
shall obtain approval of third parties to the design of the temporary
works where required.

5.2 The Contractor shall be responsible for the safety of all activities on the
Site.

5.3 Any thing of historical or other interest or significant value unexpectedly

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

7 Work Program and Sub-contracting

7.1 Within seven days after Site possession date, the Contractor shall submit
to the Employer’s Representative for approval a program showing the
general methods, arrangements, order and timing for all the activities in
the Works.

7.2 The Contractor may sub-contract the Works (but only to a maximum of
25 percent of the Contract Price) with the approval of the Employer’s
Representative. However, he shall not assign the Contract without the
approval of the Employer in writing. Sub-contracting shall not alter the
Contractor’s obligations.

8 The site

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

8.2 The Contractor shall allow the Employer’s Representative and any other
person authorised by the Employer’s Representative, access to the Site
and to any place where work in connection with the Contract is being
carried out or is intended to be carried out.

9 Instructions

9.1 The Contractor shall carry out all instructions of the Employer’s
Representative which are in accordance with the Contract.

10 Extension of Completion Date

10.1 The Employer’s Representative shall extend the Completion Date if an

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

me, or

(a) delay on the part of artists, tradesmen or others engaged by the

Employer in executing work not forming part of this Contract, or

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

bodies engaged directly by the Employer, or

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

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

(d) reason of delay in appointing a replacement Employer’s

Representative, or

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

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

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

11 Management Meetings

11.1 A Contract management meeting shall be held regularly and attended by

the Employer’s Representative and the Contractor. Its business shall be
to review the plans for the remaining Work. The Employer’s

 Representative shall record the business of management meetings and
provide copies of the record to those attending the meeting and the
Employer. The responsibility of the parties for actions to be taken shall
be decided by the Employer’s Representative either at the management
meeting or after the management meeting and stated in writing to all
who attend the meeting.

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

12 Defects
12.1 The Employer’s Representative shall inspect the Contractor’s work and
notify the Contractor of any defects that are found. Such inspection
shall not affect the Contractor’s responsibilities. The Employer’s
Representative may instruct the Contractor to search for a defect and to
uncover and test any Work that the Employer’s Representative considers
may have a defect. Should the defect be found, the cost of uncovering
and making good shall be borne by the Contractor. However if there is
no defect found, the cost of uncovering and making good shall be treated
as a variation and added to the Contract Price.

12.2 The Employer’s Representative shall give notice to the Contractor of

any defects before the end of the Defects Liability Period, which begins
at Completion, and is defined in the Appendix to Conditions of Contract.

12.3 Every time notice of a defect is given; the Contractor shall correct the
notified defect within the length of time specified by the Employer’s
Representative’s notice. If the Contractor has not corrected a defect
within the time specified in the Employer’s Representative’s notice, the
Employer’s Representative will assess the cost of having the defect
corrected by other parties and such cost shall be treated as a variation
and be deducted from the Contract Price.

13 Bills of Quantities/Schedule of Rates

13.1 The Bills of Quantities/Schedule of Rates shall contain items for the
construction, installation, testing and commissioning of the Work to be
done by the Contractor. The Contractor will be paid for the quantity of
the Work done at the rates in the Bills of Quantities/Schedule of Rates
for each item. Items against which no rate is entered by the Tenderer
will not be paid for when executed and shall be deemed covered by the
rates for other items in the Bills of Quantities/Schedule of Rates.

13.2 Where Bills of Quantities do not form part of the Contract, the Contract
Price shall be a lump sum (which shall be deemed to have been based on
the rates in the Schedule of Rates forming part of the tender) and shall
be subject to re-measurement after each stage.

14 Variations

 14.1 The Contractor shall provide the Employer’s Representative with a
quotation for carrying out the variations when requested to do so. The
Employer’s Representative shall assess the quotation and shall obtain
the necessary authority from the Employer before the variation is
ordered.

14.2 If the Work in the variation corresponds with an item description in the
Bill of Quantities/Schedule of Rates, the rate in the Bill of
Quantities/Schedule of Rates shall be used to calculate the value of the
variation. If the nature of the Work in the variation does not correspond
with items in the Bill of Quantities/Schedule of Rates, the quotation by
the Contractor shall be in the form of new rates for the relevant items of
Work.

14.3 If the Contractor’s quotation is unreasonable, the Employer’s

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

15 Payment Certificates and Final Account

15.1 The Contractor shall be paid after each of the following stages of Work
listed herebelow (subject to re-measurement by the Employer’s
Representative of the Work done in each stage before payment is made).
In case of lump-sum Contracts, the valuation for each stage shall be
based on the quantities so obtained in the re-measurement and the rates
in the Schedule of Rates.

(i) Advance payment________________(percent of Contract Price,

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

(ii) First stage (define stage) ______________________

(iii) Second stage (define stage)____________________

(iv) Third stage (define stage) ______________________

(v) After defects liability period .

15.2 Upon deciding that Works included in a particular stage are complete,
the Contractor shall submit to the Employer’s Representative his
application for payment. The Employer’s Representative shall check,
adjust if necessary and certify the amount to be paid to the Contractor
within 21 days of receipt of the Contractor’s application .The Employer
shall pay the Contractor the amounts so certified within 30 days of the
date of issue of each Interim Certificate.

15.3 The Contractor shall supply the Employer’s Representative with a

detailed final account of the total amount that the Contractor considers

 payable under the Contract before the end of the Defects Liability
Period. The Employer’s Representative shall issue a Defect Liability
Certificate and certify any final payment that is due to the Contractor
within 30 days of receiving the Contractor’s account if it is correct and
complete. If it is not, the Employer’s Representative shall issue within
21 days a schedule that states the scope of the corrections or additions
that are necessary. If the final account is still unsatisfactory after it has
been resubmitted, the Employer’s Representative shall decide on the
amount payable to the Contractor and issue a Final Payment Certificate.
The Employer shall pay the Contractor the amount so certified within 60
days of the issue of the Final Payment Certificate.

15.4 If the period laid down for payment to the Contractor upon each of the
Employer’s Representative’s Certificate by the Employer has been
exceeded, the Contractor shall be entitled to claim simple interest
calculated pro-rata on the basis of the number of days delayed at the
Central Bank of Kenya’s average base lending rate prevailing on the
first day the payment becomes overdue. The Contractor will be required
to notify the Employer within 15 days of receipt of delayed payments of
his intentions to claim interest.

15. Insurance

15.1 The Contractor shall be responsible for and shall take out appropriate
cover against, among other risks, personal injury; loss of or damage to
the Works, materials and plant; and loss of or damage to property.

16. Liquidated Damages

16.1 The Contractor shall pay liquidated damages to the Employer at the rate
0.001 per cent of the Contract price per day for each day that the actual
Completion Date is later than the Intended Completion Date except in
the case of any of the occurrences listed under clause 9.2. The
Employer may deduct liquidated damages from payments due to the
Contractor. Payment of liquidated damages shall not affect the
Contractor’s liabilities.

17. Completion and Taking Over

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

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

18. Termination

18.1 The Employer or the Contractor may terminate the Contract if the other
party causes a fundamental breach of the Contract. These fundamental

 breaches of Contract shall include, but shall not be limited to, the
following;

(a) the Contractor stops Work for 30 days continuously without

reasonable cause or authority from the
Employer’s
Representative;

(b) the Contractor is declared bankrupt or goes into liquidation

other than for a reconstruction or amalgamation;

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

paid by the Employer to the Contractor within 30 days after the
expiry of the payment periods stated in sub clauses 14.2 and
14.3 hereinabove.

(d) the Employer’s Representative gives notice that failure to

correct a particular defect is a fundamental breach of Contract
and the Contractor fails to correct it within a reasonable period
of time.

18.2 If the Contract is terminated, the Contractor shall stop Work

immediately, and leave the Site as soon as reasonably possible. The
Employer’s Representative shall immediately thereafter arrange for a
meeting for the purpose of taking record of the Works executed and
materials, goods, equipment and temporary buildings on Site.

19. Payment Upon Termination

19.1 The Employer may employ and pay other persons to carry out and
complete the Works and to rectify any defects and may enter upon the
Works and use all materials on Site, plant, equipment and temporary
works.

19.2 The Contractor shall, during the execution or after the completion of the
Works under this clause, remove from the Site as and when required
within such reasonable time as the Employer’s
Representative may in writing specify,any temporary buildings, plant,
machinery, appliances, goods or materials belonging to him, and in
default thereof , the Employer may (without being responsible for any
loss or damage) remove and sell any such property of the Contractor,
holding the proceeds less all costs incurred to the credit of the
Contractor.

19.3 Until after completion of the Works under this clause, the Employer
shall not be bound by any other provision of this Contract to make any
payment to the Contractor, but upon such completion as aforesaid and
the verification within a reasonable time of the accounts therefor the
Employer’s Representative shall certify the amount of expenses properly

 incurred by the Employer and, if such amount added to the money paid
to the Contractor before such determination exceeds the total amount
which would have been payable on due completion in accordance with
this Contract, the difference shall be a debt payable to the Employer by
the Contractor; and if the said amount added to the said money be less
than the said total amount, the difference shall be a debt payable by the
Employer to the Contractor.

20. Corrupt Gifts and Payments of Commission

20.1 The Contractor shall not;

(a) Offer or give or agree to give to any person in the service of the
Employer any gifts or consideration of any kind as an
inducement or reward for doing or forbearing to do or for
having done or forborne to do any act in relation to the obtaining
or execution of this or any other contract with the Employer or
for showing or forbearing to show favor or disfavor to any
person in relation to this or any other contract with the
Employer.

(b) Any breach of this Condition by the Contractor or by anyone

employed by him or acting on his behalf (whether with or
withoutthe knowledge of the Contractor) shall be an offence
under the Laws of Kenya.

21. Settlement of Disputes

21.1 Any dispute arising out of the Contract which cannot be amicably settled
between the parties shall be referred by either party to the arbitration and
final decision of a person to be agreed between the parties. Failing
agreement to concur in the appointment of an Arbitrator, the Arbitrator
shall be appointed by the chairman of the Chartered Institute of
Arbitrators, Kenya branch, on the request of the applying party.

APPENDIX TO CONDITIONS OF CONTRACT

THE EMPLOYER IS

Name: _________________________________________________________________________

Address: _______________________________________________________________________

Name of Employer’s Representative: ____________________________________________

Title;________________________________________________

Telephone: __________________________

The name (and identification number) of the Contract is _________________________

The Works consist of __________________________________________________________

_________________________________________________________________________________

The Start Date shall be _________________________________________________________

The Intended Completion Date for the whole of the Works shall be

_________________________________________________________________________________

The following documents also form part of the Contract:

_________________________________________________________________________________

_________________________________________________________________________________

The Site Possession Date shall be _______________________________________________

The Site is located at _____________________ and is defined in drawings nos.

_________________________________________________________________________________

The Defects Liability Period is _______________________ days.

Amount of Tender Security is Kshs……………………(Note: This amount should be between one (1)
percent and three (3) percent of the value of the Works)

The name and Address of the Employer for the purposes of submission of tenders
is…………………………………………………………………………………………………
……
……………………………………………………………………………………………………
…… The tender opening date and time is…………………………(insert tender opening time)
on ……………… day of …………(insert date of tender opening)

 The amount of performance security is Kshs………………………(Note: the Employer
must select the form of performance security to be accepted. A bank guarantee of between
five (5) and ten (10) percent is acceptable. A performance bond on the other hand from an
insurance company may be of up to thirty (30) percent of the Contract Price).

SECTION IV – SPECIFICATIONS, DRAWINGS AND BILLS OF

QUANTITIES/SCHEDULE OF RATES

I. SPECIFICATIONS

Notes for preparing Specifications

1.0Specifications must be drafted to present a clear and precise statement of the

required standards of materials and workmanship for tenderers to respond
realistically and competitively to the requirements of the Employer and
ensure responsiveness of tenders. The Specifications should require that
all materials, plant, and other supplies to be permanently incorporated in
the Works be new, unused, of the most recent or current models and

 incorporating all recent improvements in designs and materials unless
provided otherwise in the Contract.

2.0 Specifications from previous similar projects are useful and it may not be
necessary to rewrite specifications for every works contract.

3.0Care must be taken in drafting Specifications to ensure they are not

restrictive. In the specification 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.

II DRAWINGS
NOTE: 1. A list of the Contract Drawings should be inserted here
2. The actual Contract Drawings including Site plans should be annexed in
a separate booklet
III BILL OF QUANTITIES/SCHEDULE OF RATES

Notes for preparing Bills of Quantities

1. The objectives of the Bills of Quantities are;

(a) to provide sufficient information on the quantities of Works to be

performed to enable tenders to be prepared efficiently and accurately;
and
(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 be as simple and brief as possible.

 PROSPOSED 1NO-ECD CLASSROOM AT KERICHO COUNTY

ITEM DESCRIPTION QTTY UNIT RATE KSH

 ELEMENT 1
A SUBSTRUCTURE(ALL PROVISIONAL)
Site clearance

Clear site of grass, shrubs and all vegetation, cart away as directed 76 SM

Excavate vegetable soil average 300mm deep and cart away as

directed 76 SM
B
Excavation

C Excavate trenches for wall foundations commencing from reduced

level not exceeding 1.5m deep 27 CM

D Ditto for column bases 13 CM

Disposal of excavated materials

Back fill and comp strutting act in layers selected excavated materials
around foundation placed in 200mm thick well vibrated and
E compacted to 95% of MD 18 CM

F Surplus excavated materials spread on site 19 CM

Disposal of water

G Keep excavations free from all water by bailing pump or otherwise ITEM ITEM 10,000
Planking and strutting
Plunking and strutting to sides of all excavations keep excavations
H from fallen materials ITEM ITEM 10,000

I Insitu concrete mix 1:4:8 of 40mm aggregate

50mm layer under stripfoundations 22 SM

J 50mm blinding layer under foundations column bases 6 SM

K Insitu concrete class 20/20 vibrated reinforced

L Foundation in trenches 5 CM
Column bases and columns 3 CM

M 100mm slab floor 76 SM

fabric Mesh reinforcement to BS 4483 of 200mm laps
fabric Mesh reinforcement A98 weight 0.54,2kg per sm in surface
beds 76 SM

Total carried to collection page
1/9

 PROSPOSED 1NO-ECD CLASSROOM AT KERICHO COUNTY

ITEM DESCRIPTION QTTY UNIT RATE KSH

High yield square twisted reinforcement to BS4461(provisional)

A D 10 bar sizes 158 KG
B
D8 bar sizes
74 KG
Form work to:-
C
Vertical sides foundations
14 SM
D Vertical sides of column bases
8 SM
Vertical sides of column
E 6 SM
F Vertical edges of floor slab over 75 but not exceeding 150mm high 48 SM
Selected and approved quarry stones or concrete blocks of load
bearing(7Nmmsq) walling bedded, jointed and pointed in cement and
sand(1:4)

G 200mm walling 48 SM
Hard core
H 300mm thick imported and approved filling,deposited,spread,levelled
and compacted 68 SM

I
50mm murrum or quarry dust blinding
68 SM

J Anti termitetreatment to sub soil or fillings, Dragnet 30% EC or equal

or equal and approved, provide 10years guarantee
76 SM
Labors and sundries
K
One layer of 1000mm polythene damp proofing membrane under
beds,300mm laps seal jointed 76 SM

Plinths
15mm cement and sand(!:4) render to concrete and masonry surfaces

L Vertical surfaces 22 SM
Prepare and apply three coats of bituminous paint on rendered surfaces
M External surfaces of plinth 22 SM

Total carried collection page

Collection
From page 1
From above

 Total substructure carried to summary page

2/9

PROSPOSED 1NO-ECD CLASSROOM AT KERICHO COUNTY

ITEM DESCRIPTION QTTY UNIT RATE KSH

 ELEMENT 2

REINFORCED CONCRETE SUPERSTRUCTURE

Insitu concrete class 20/20 vibrated mix 1:2:4 reinforced

A
Columns 3 CM
B
Roof ring beam
4 CM
Form work to:-
C
Sides of ring beam 26 SM
D
Vertical sides of columns
40 SM
High yield square twisted reinforcement to BS4461(provisional)
E
D 12 bar sizes
F 158 KG
D8 bar sizes
Steel stanchion 67 KG

G
75 x75 x3 mm thick steel stanchion faced with U lags to roof timber
purlin 24 LM

Total reinforced concrete superstructure carried to summary page
3/9

 PROSPOSED 1NO-ECD CLASSROOM AT KERICHO COUNTY

ITEM DESCRIPTION QTTY UNIT RATE KSH

ELEMENT 3
ROOFING AND RAIN WATER GOODS
Approved roofing or equals, IT 30 g preprinted roofing sheets,
including fixing accessories and touch up kit on and including steel
roof structure (measured separately) to structural engineer’s details
including all fixing accessories and touch up kits fixed approximately
3.0meters above ground level

A Roof covering fixed to slopes 124 SM

13 LM
Approve matching half round ridge capping
B

Roof structure(all provisional) timber works ,sawn celcurred cypress,

bolted connections, allow for scarf joints etc to engineer’s details
C 50 x50mm timber to battens to receive roofing sheets 105 LM
D 100 x50mm rafters
E Ditto ceiling joist 85 LM
F 75 LM
Ditto king post
G 16 LM
H Ditto struts and ties 54 LM
I Ditto wall plate 55 LM
J 250 x 50 fascia / barge board 52 LM

Rain water goods, metal gutters and down pipes fixed with and
including all appropriate accessories

K 150mm Half round rain water gutters fixed to fascia board with
appropriate approved brackets 26 LM

L Extra over nozzle bracket 2 NO

M
Ditto for stopped ends
4 NO

N 100mm diameter down pipe fastened to walls with mild steel bolts 6 NO

Painting and decorations

O Prepare surfaces and apply 3coats of gloss oil paint on wood works
externally surface over 200mm but not exceeding 300mm girth
52 LM
(fascia / barge board

Total for roofing an rain water goods carried to summary page
4/9

 PROSPOSED 1NO-ECD CLASSROOM AT KERICHO COUNTY

ITEM DESCRIPTION QTTY UNIT RATE KSH

ELEMENT 4

WALLING

External walls

Machine cut natural quarry stones or equal approved quality or

concrete blocks of load bearing (70N/mm sq) bedded, jointed and
pointed in cement and sand (1:4 )mortar
A
200mm thick walling 80 SM

B 200mm thick gable walling 31 SM

Internal walls
Selected and approved quality local stone or concrete blocks: load
bearing (7N/mm sq) block walling:bedded,jointed and pointed in
cement and sand(1:4) mortar

C 150mm thick dwarf walling-internal 23 SM

Damp proofing course, hessian base felt, bedded in cement and sand
(1:4 ) mortar 300mm laps

D Horizontal 200mm wide 46 LM

Total for Walling carried to summary page

5/9

 PROSPOSED 1NO-ECD CLASSROOM AT KERICHO COUNTY

ITEM DESCRIPTION QTTY UNIT RATE KSH

ELEMENT 5

WINDOWS

Single course of clay tile sill with rounded edge, bedded and pointed
in colored cement and mortar(1:4)

A 25mm thick window sill 150 mm wide splay cutting stone wall 12 LM

Fix only the following purpose made standard Z section heavy duty
steel casement windows fabricated to approved details design with
hooded mosquito proofed permanent vents, pin type hinges including
all necessary .hooks ,stays,cutting,welding,grinding an one coat before
fixing

B 1500 x1500mm
5 NO

Glazing

C 4mm clear sheet glass and glazing to steel casement window with
linseed potty in panes not exceeding 0.1 sq m
16 SM
Painting and decoration

D Prepare surfaces and apply three coats of gloss oil paint CROWN
SOLO or equal approved, on surfaces of steel casement ,measured
overall on both sides 34 SM

Total for windows carried to summary page

6/9

 PROSPOSED ECD CLASSROOM AT KERICHO COUNTY

ITEM DESCRIPTION QTTY UNIT RATE KSH

ELEMENT 6

DOORS

A Door size 1500 X2100mm high double leafed steel complete with
lockable/ approved padlock 1 NO

B 4mm clear sheet glass & glazing to metal with putty in panes not
exceeding 0.5sm fixing with putty 1 SM

Painting and decoration

c
Prepare surfaces and apply three coats of gloss oil paint CROWN
SOLO or equal approved, on surfaces of steel casement ,measured
overall on both sides 4 SM

Total for Doors carried to summary page

7/9

 PROSPOSED ECD CLASSROOM AT KERICHO COUNTY

ITEM DESCRIPTION QTTY UNIT RATE KSH

ELEMENT 7

EXTERNAL FINISHES

Walls

A Horizontal and vertical flush key pointing to walls 80 SM

12mm lime plaster, steel trowelled finish on concrete or block work

externally on

B Concrete surface and gable walling 43 SM

Painting and decoration

Prepare surfaces and apply three coats of Dura coat or permaplast

frown CROWN quality emulsion paint

C Plastered walls / concrete surfaces externally

43 SM

Total for External finishes carried to summary page
8/9

 PROSPOSED ECD CLASSROOM AT KERICHO COUNTY

ITEM DESCRIPTION QTTY UNIT RATE KSH

ELEMENT 8
INTERNAL FINISHES

Floor finishes
Cement sand (1:4) steel trowelled bed and paving on concrete to:-
A
32mm thick screed steel trowelled 75 SM

Wall finishes
12mm lime plaster steel trowelled finish on concrete, block work or
stone work to:-

B
Walls
85 SM
C
Concrete surfaces 12 SM

D Prepare and apply three coats of silk vinyl emulsion paint on:-
Plastered walls 85 SM

Ceiling finishes

12mm thick chipboard ceiling board on and including cell cured

wrought cypress brandering an 600mm centers both ways.
E
12mm thick horizontal ceiling 75 SM

F
Extra over ceiling trap door size 600 x 600mm 1 NO

Wrought cypress selected kept clean

G
75 x20mm coved cornice 36 LM
Prepare and apply three coats of 1st grade plastic emulsion paint to
chip board ceiling
H
Horizontal soffits chipboard surfaces 75 SM
I
Knot prime and stop, prepare and apply three coats of gloss oil paint
on wood surfaces not exceeding 100mm girth
42 LM
J
Black bituminous paint to chalk board
9 SM

Total for Internal finishes carried to summary page
9/9

 SUMMARY PAGE
ITEM DESCRIPTION PGE NO KSH

A SUBSTRUCTURES 2/9

B REINFORCED SUB STRUCTURE 3/9

C ROOFING AND RAINWATER GOODS 4/9

D WALLING 5/9

E WINDOWS 6/9

F DOORS 7/9

G EXTERNAL FINISHES 8/9

H INTERNAL FINISHES 9/ 9

I ELECTRICAL WORKS 30,000

J ALLOW FOR ADMINISTRATIONAND PROJECT MANAGEMENT 60,000

SUB -TOTAL FOR 1NO ECD CLASSROOMCARRIED TO

GRAND SUMARRY PAGE

S/P

 GRAND SUMMARY PAGE
1NO ECD CLASSROOM AT KERICHO COUNTY
ITEM DESCRIPTION
Page Tenderer’s Amount For official use only
No KSH CTS KSH CTS

01 1NO ECD CLASSROOM S/P

TOTAL INCLUSIVE OF16% VAT

02 CARRIED TO FORM OF TENDER

AMOUNT IN WORDS KSH……………………………………………………………………

……………………………………………………………………………………………………
TENDERER’S SIGNATURE AND STAMP ……………………………………………….......
……………………………………………………………………………………………………
ADDRESS: ………………………………………………………………………………………
DATE: ……………………………………………………………………………………………
WITNESS:
………………………………………………………………………………………..
ADDRESS: ………………………………………………………………………………………
DATE: …………………………………………………………………………………………..

GS1/1

 Notes for preparing Schedule of Rates

Where the time limit or other constraints do not allow the preparation of a Bill of
Quantities for the Works, a lump-sum Contract shall be adopted and a Schedule
of Rates (in place of a Bills of Quantities) shall be issued as part of the tender
documents.

The objectives of the Schedule of Rates are;

(a) to provide sufficient information on the nature of work items to be

performed to enable tenders to be prepared efficiently and accurately;
and

(b) when a Contract has been entered into, to provide a basis for the pricing
of Works executed for interim and final valuations.

In order to attain these objectives, Works should be itemized in the Schedule of

Rates in sufficient detail to distinguish between the different classes of Works,
or between Works of the same nature carried out in different locations or other
circumstances which may give rise to different considerations of cost.
Consistent with these requirements, the layout and content of Schedule of Rates
should be as simple and brief as possible. Measurement of Work executed after
every agreed stage should be done and the quantities so obtained used alongside
the rates in the schedule to arrive at interim valuation [for each stage]and the
final valuation.

 EVALUATION CRITERIA

SECTION V – SCHEDULE OF REQUIREMENTS

This part will include any deliverables under the contract:

Copies of mandatory requirements which must be submitted by the contractor:

• Certified copies of Certificate of registration/incorporation.
• Certified copies of Vat/pin certificate.
• Valid Tax compliance certificate.
• NCA category 8 and above.
• YAGPO certificates in tenders reserved for the vulnerable groups.
• PWDS should attach valid identification cards from National Council of People
with disabilities.

Bidders
Scoring criteria Score

Maxim
Description
Possible Score

1 Mandatory requirements 10

2 Experience and Works of Similar Nature 40

4 Staff Competence (Technical) 30
5 Evidence of financial capability for the work 20
TOTAL 100

1.0 MANDATORY REQUIREMENTS (7)- Absence of any leads to bid being declared
nonresponsive

Bidders submission

Certificate of Incorporation
PIN Registration
KRA Tax compliance
NCA certificate
YAGPO certificates
valid identification cards from National Council of
People with disabilities for PWDS
TOTAL

 EXPERIENCE AND WORKS OF SIMILAR NATURE

Bidders
Scoring criteria Score

Maxim
Description
Possible Score

1 2 Years & below 5 marks

2 3 -4yrs 15 Marks
5 5yrs & above 20 marks
TOTAL 40 marks

STAFF COMPETENCE (NO OF TECHNICAL PERSONNEL

Scoring criteria Bidders Score

Description Maxim Possible Score

1 1-2 10

2 2-3 20
TOTAL 30

FINANCIAL CAPABILITY

Bidders
Scoring criteria Score

Maxim
Description
Possible Score

1 Evidence of doing works of similar Magnitude 20

TOTAL 20

SECTION V

STANDARD FORMS

List of Standard Forms

(i) Form of Invitation for Tenders

(ii) Form of Tender

(iii) Letter of Acceptance

(iv) Form of Agreement

(v) Form of Tender Security

(vi) Performance Bank Guarantee

(vii) Performance Bond

(viii) Bank Guarantee for Advance Payment

(ix) Qualification Information

(x) Tender Questionnaire

(xi) Confidential Business Questionnaire

(xii) Details of Sub-Contractors

(xiii) Request for Review Form

FORM OF INVITATION FOR TENDERS
_______________________[date]

To: _____________________________________ [name of Contractor]

_____________________________________[address]
_____________________________________
_____________________________________

Dear Sirs:

Reference:______________________________________________[Contract Name]

You have been prequalified to tender for the above project.

We hereby invite you and other prequalified tenderers to submit a tender for the execution and
completion of the above Contract.

A complete set of tender documents may be purchased by you from ____

____________________________________________________________________
____ [mailing address, cable/telex/facsimile numbers].

Upon payment of a non-refundable fee of Kshs __________________________

All tenders must be accompanied by ________________number of copies of the same and a

tender security in the form and amount specified in the tendering documents, and must be
delivered to

________________________________________________________________________
[address and location]

at or before _______________________(time and date). Tenders will be opened immediately

thereafter, in the presence of tenderers’ representatives who choose to attend.

Please confirm receipt of this letter immediately in writing by cable/facsimile or telex.

Yours faithfully,
_____________________________________ Authorised Signature

_____________________________________ Name and Title

FORM OF TENDER
TO: __________________________[Name of Employer) ____________[Date]
_______________________[Name of Contract]

Dear Sir,

1. In accordance with the Conditions of Contract, Specifications, Drawings and

Bills of Quantities/Schedule of Rates for the execution of the above named
Works, we, the undersigned offer to construct, install and complete such
Works and remedy any defects therein for the sum of

Kshs._____________________________[Amount in figures]Kenya
Shillings_______________________________________________________________
___ _________________________[Amount in words]

2. We undertake, if our tender is accepted, to commence the Works as soon as is

reasonably possible after the receipt of the Employer’s Representative’s notice to
commence, and to complete the whole of the Works comprised in the Contract
within the time stated in the Appendix to Conditions of Contract.
3. We agree to abide by this tender until ___________________[Insert date], and
it shall remain binding upon us and may be accepted at any time before that date.
4. Unless and until a formal Agreement is prepared and executed this tender
together with your written acceptance thereof, shall constitute a binding Contract
between us.
5. We understand that you are not bound to accept the lowest or any tender you
may receive.

Dated this ____________________ day of _______20________________

Signature __________________in the capacity of___________________

duly authorized to sign tenders for and on behalf of

________________________________________[Name of
Tenderer] of
_______________________________[Address of Tenderer]

Witness; Name______________________________________

Address_____________________________________
Signature___________________________________
Date_______________________________________

 (Amend accordingly if provided by Insurance Company)

LETTER OF ACCEPTANCE
[Letterhead paper of the Employer]

_______________________[date]

To: _______________________
[name of the Contractor]

____________________
_ [address of the
Contractor]

Dear Sir,

This is to notify you that your Tender dated ___________________________ for the
execution of ________________________________________________
[name of the Contract and identification number,as given in the Tender documents] for the
Contract Price of Kshs. __________________________ [amount in figures][Kenya
Shillings______________________________(amount in words) ] in accordance with the
Instructions to Tenderers is hereby accepted.

You are hereby instructed to proceed with the execution of the said Works in accordance with the
Contract documents.

Authorized Signature …………………………………………………………………

Name and Title of Signatory …………………………………………………………

Attachment : Agreement

 FORM OF AGREEMENT
THIS AGREEMENT, made the _________________ day of ________ 20 ______
between________________________________________________of[or whose registered

office is situated at]__________________________________________

(hereinafter called “the Employer”) of the one part AND

________________________________________________________of[or whose registered

office is situated at]_________________________________________ (hereinafter
called “the Contractor”) of the other part.

WHEREAS THE Employer is desirous that the Contractor executes

________________________________________________________________________
(name and identification number of Contract ) (hereinafter called “the Works”) located
at______________________________[Place/location of the Works]and the Employer has
accepted the tender submitted by the Contractor for the execution and completion of such Works
and the remedying of any defects therein for the Contract Price of
Kshs___________________________[Amount in figures],Kenya
Shillings_____________________________________________[Amount in words].

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred
to.

2. The following documents shall be deemed to form and shall be read and
construed as part of this Agreement i.e.

(i) Letter of Acceptance

(ii) Form of Tender

(iii) Conditions of Contract Part I

(iv) Conditions of Contract Part II and Appendix to Conditions of Contract

(v) Specifications

(vi) Drawings

 (vii) Priced Bills of Quantities/Priced Schedule of Rates[whichever is applicable]

3. In consideration of the payments to be made by the Employer to

the Contractor as hereinafter mentioned, the Contractor hereby covenants with the
Employer to execute and complete the Works and remedy any defects therein in
conformity in all respects with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the

execution and completion of the Works and the remedying of defects therein, the
Contract Price or such other sum as may become payable under the provisions of
the Contract at the times and in the manner prescribed by the Contract.

IN WITNESS whereof the parties thereto have caused this Agreement to be executed the day and year
first before written.

The common Seal of _________________________________________________

Was hereunto affixed in the presence of ________________________________

Signed Sealed, and Delivered by the said ______________________________

Binding Signature of Employer ________________________________________

Binding Signature of Contractor _______________________________________

In the presence of (i) Name_______________________________________

Address_____________________________________

Signature___________________________________

[ii] Name _______________________________________

Address_____________________________________

Signature____________________________________

 FORM OF TENDER SECURITY
WHEREAS ………………………………………..(hereinafter called “the Tenderer”) has submitted his
tender dated ………………………… for the construction of

………………………………………………………………………
…………………… (name of Contract)

KNOW ALL PEOPLE by these presents that WE ……………………… having our registered
office at ………………(hereinafter called “the Bank”), are bound unto
……………………………(hereinafter called “the Employer”) in the sum of
Kshs.……………………… for which payment well and truly to be made to the said Employer,
the Bank binds itself, its successors and assigns by these presents sealed with the Common Seal
of the said Bank this ……………. Day of

………20…………

THE CONDITIONS of this obligation are:

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

2. If the tenderer, having been notified of the acceptance of his tender by the
Employer during the period of tender validity:

(a) fails or refuses to execute the form of Agreement in accordance with the
Instructions to Tenderers, if required; or

(b) fails or refuses to furnish the Performance Security, in accordance with the
Instructions to Tenderers;

We undertake to pay to the Employer up to the above amount upon receipt of his
first written demand, without the Employer having to substantiate his demand,
provided that in his demand the Employer will note that the amount claimed by
him is due to him, owing to the occurrence of one or both of the two conditions,
specifying the occurred condition or conditions.

This guarantee will remain in force up to and including thirty (30) days after the
period of tender validity, and any demand in respect thereof should reach the
Bank not later than the said date.

___________________________ ______________________________
[date[ [signature of the Bank]

 ___________________________ ______________________________
[witness] [seal]

PERFORMANCE BANK GUARANTEE

To: _________________________(Name of Employer) ___________(Date)
__________________________(Address of Employer)

Dear Sir,

WHEREAS ______________________(hereinafter called “the Contractor”) has undertaken, in

pursuance of Contract No. _____________ dated _________ to execute _______________
(hereinafter called “the Works”);

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall
furnish you with a Bank Guarantee by a recognised bank for the sum specified therein as security
for compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, up to a total of Kshs. ________________ (amount of Guarantee in
figures) Kenya Shillings__________________________________________ (amount of
Guarantee in words), and we undertake to pay you, upon your first written demand and without
civil or argument, any sum or sums within the limits of Kenya Shillings
_________________________ (amount ofGuarantee in words) as aforesaid without your
needing to prove or to show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before presenting
us with the demand.
We further agree that no change, addition or other modification of the terms of the Contract or of
the Works to be performed thereunder or of any of the Contract documents which may be made
between you and the Contractor shall in any way release us from any liability under this
Guarantee, and we hereby waive notice of any change, addition, or modification.

This guarantee shall be valid until the date of issue of the Certificate of Completion.

SIGNATURE AND SEAL OF THE GUARANTOR ___________________

Name of Bank ____________________________________________
Address ________________________________________________

Date ______________________________________________________

(Amend accordingly if provided by Insurance Company)

PERFORMANCE BOND
By this Bond, We__________________________________of (or whose registered office is situated
at]______________________________________

as Principal (hereinafter called “the Contractor”) and _________________

________________________________________of[or whose registered office is situated
at]___________________________________________________________
as Surety (hereinafter called “the Surety”), are held and firmly bound unto
_________________________________________________________________________of[or
whose registered office is situated

at]___________________________________________________________________
as Obligee (hereinafter called “the Employer”) in the amount of
Kshs.______________________________[amount of Bond in figures]Kenya Shillings
____________________________________________________________
[amount of Bond in words], for the payment of which sum well and truly, the Contractor and the
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.

WHEREAS the Contractor has entered into a Contract with the Employer dated the
________________ day of ______________ 20 ________________ for the execution of
_______________________________________________________

[name of Contract] in accordance with the Contract documents, Specifications and amendments
thereto, which to the extent herein provided for, are by reference made part hereof and are
hereinafter referred to as the Contract.

NOW THEREFORE, the Condition of this Obligation is such that, if the Contractor shall
promptly and faithfully perform the said Contract (including any amendments thereto), then this
obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever the
Contractor shall be, and declared by the Employer to be, in default under the Contract, the
Employer having performed the Employer’s obligations thereunder, the Surety may promptly
remedy the default, or shall promptly:

(1) complete the Contract in accordance with its terms and conditions; or

(2) obtain a tender or tenders from qualified tenderers for submission to the
Employer for completing the Contract in accordance with its terms and
conditions, and upon determination by the Employer and the Surety of the lowest
responsive tenderer, arrange for a Contract between such tenderer and Employer
and make available as work progresses (even though there should be a default or
a succession of defaults under the Contract or Contracts of completion arranged
under this paragraph) sufficient funds to pay the cost of completion less the
balance of the Contract Price; but not exceeding, including other costs and

 damages for which the Surety may be liable hereunder, the amount set forth in
the first paragraph hereof.
The term “Balance of the Contract Price”, as used in this paragraph, shall mean the
total amount payable by the Employer to the Contractor under the

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

(3) pay the Employer the amount required by the Employer to complete the Contract
in accordance with its terms and conditions up to a total not exceeding the
amount of this Bond.

The Surety shall not be liable for a greater sum than the specified penalty of this Bond.

Any suit under this Bond must be instituted before the expiration of one year from the date of
issuance of the Certificate of Completion.

No right of action shall accrue on this Bond to or for the use of any person or corporation other
than the Employer named herein or the heirs, executors, administrators, successors and assigns of
the Employer.

In testimony whereof, the Contractor has hereunto set his hand and affixed his seal, and the
Surety has caused these presents to be sealed with his corporate seal duly attested by the
signature of his legal representative, this ____________________________ day of
____________________________ 20__________

SIGNED ON _________________________ SIGNED ON _____________________

On behalf of _________________________ On behalf of _____________________

[name of Contractor] [name of Surety]

By ___________________________________ By _____________________________

In the capacity of _____________________ In the capacity of ______________

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

Address_____________ Address______
_______________ _______________

Signature____________ Signature_____

 Date_________________ Date__________

BANK GUARANTEE FOR ADVANCE PAYMENT

To: ________________________ [name of Employer] ___________(Date)
________________________[address of Employer]

Gentlemen,

Ref: _______________________________________________[name of Contract]

In accordance with the provisions of the Conditions of Contract of the abovementioned Contract,
We,_______________________________________[name and Address of Contractor]
(hereinafter called “the Contractor”) shall deposit with
_______________________________[name of Employer] a bank guarantee to guarantee his
proper and faithful performance under the said Contract in an amount of
Kshs._____________[amount of Guarantee in figurers] Kenya
Shillings_____________________________________[amount of Guarantee in words].

We, ________________[bank or financial institution], as instructed by the Contractor, agree

unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the
payment to
___________________________[name of Employer] on his first demand without whatsoever right of
objection on our part and without his first claim to the

Contractor, in the amount not exceeding Kshs________________________[amount of

Guarantee in figures] Kenya Shillings
_____________________________________________________________[amount of
Guarantee in words], such amount to be reduced periodically by the amounts recovered by you
from the proceeds of the Contract.

We further agree that no change or addition to or other modification of the terms of the Contract
or of the Works to be performed thereunder or of any of the Contract documents which may be
made between ________________________[name of Employer] and the Contractor, shall in any
way release us from any liability under this guarantee, and we hereby waive notice of any such
change, addition or modification.

No drawing may be made by you under this guarantee until we have received notice in writing
from you that an advance payment of the amount listed above has been paid to the Contractor
pursuant to the Contract.

This guarantee shall remain valid and in full effect from the date of the

advance payment under the Contract until
______________________________________________(name of Employer) receives full payment of
the same amount from the Contract.

Yours faithfully,

Signature and Seal __________________________________________________

Name of the Bank or financial institution ______________________________

Address ______________________________________________________________

Date _________________________________________________________________

Witness: Name: ____________________________________________________

Address: __________________________________________________

Signature: ________________________________________________

Date: _____________________________________________________

 QUALIFICATION INFORMATION

1. Individual Tenderers or Individual Members of Joint Ventures

1.1 Constitution or legal status of tenderer (attach copy or Incorporation

Certificate);
Place of registration: ____________________________

Principal place of business _____________________________

Power of attorney of signatory of tender ____________________

1.2 Total annual volume of construction work performed in the last five years
Year Volume

Currency Value

1.3 Work performed as Main Contractor on works of a similar nature and

volume over the last five years. Also list details of work under way or
committed, including expected completion date.

Project name Name of client Type of work Value and contact performed
and Contractperson yearcompletion

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

Item of Description, Condition(new, Owned, leased (from

Equipment Make and age good, poor) and whom?), or to be
(years) number purchased (from
available whom?)

 _________ ____________ ___________
_________ ____________ ___________
_________ ____________ ___________
(etc.)

1.5 Qualifications and experience of key personnel proposed for administration

and execution of the Contract. Attach biographical data.

Position Name Years of experience Years of experience in

(general) proposed position

Project Manager
__________________
___________________

(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.

_______________________________________________________________

___________________________________________________

1.7 Evidence of access to financial resources to meet the qualification

requirements: cash in hand, lines of credit, etc. List below and attach
copies of supportive documents.
____________________________________________________________

____________________________________________________________

_____________________________________________

1.8 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

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

2.1 The information required in 1.11 above shall be provided for the joint venture.

2.2 Attach the power of attorney of the signatory(ies) of the tender authorizing
signature of the tender on behalf of the joint venture

2.3 Attach the Agreement among all partners of the joint venture ( and which is
legally binding on all partners), which shows that:

a) all partners shall be jointly and severally liable for the execution of the
Contract in accordance with the Contract terms;

b) one of the partners will be nominated as being in charge, authorized to incur

liabilities and receive instructions for and on behalf of any and all partners of
the joint venture; and

c) the execution of the entire Contract, including payment, shall be done

exclusively with the partner in charge.

 TENDER QUESTIONNAIRE
Please fill in block letters.

1. Full names of tenderer;

………………………………………………………………………………………

2. Full address of tenderer to which tender correspondence is to be sent

(unless an agent has been appointed below);

………………………………………………………………………………………

3. Telephone number (s) of tenderer;

………………………………………………………………………………………

4. Telex of tenderer;
………………………………………………………………………………………

5. Name of tenderer’s representative to be contacted on matters of the tender during the

tender period;
………………………………………………………………………………………

6. Details of tenderer’s nominated agent (if any) to receive tender notices. This is
essential if the tenderer does not have his registered address in Kenya (name, address,
telephone, telex);

………………………………………………………………………………………

………………………………………………………………………………………

_______________________

Signature of Tenderer

Make copy and deliver to:_____________________(Name of Employer)

 CONFIDENTIAL BUSINESS QUESTIONNAIRE
You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or whichever
applies to your type of business.

You are advised that it is a serious offence to give false information on this Form.

Part 1 – General

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

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

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

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

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

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

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

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

Branch…………………………………………………………………………………
Part 2 (a) – Sole Proprietor

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

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

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

Part 2 (b) – Partnership

Give details of partners as follows:

Name in full Nationality Citizenship Details Shares

1 ……………………………………………………………………………………
2 ……………………………………………………………………………………
3 ……………………………………………………………………………………

 DETAILS OF SUB-CONTRACTORS
If the Tenderer wishes to sublet any portions of the Works under any heading, he
must give below details of the sub-contractors he intends to employ for each
portion.
Failure to comply with this requirement may invalidate the tender.

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

[i) Full name of Sub-contractor

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

………………………………

(ii) Sub-contractor’s experience of similar

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

………………………………

………………………………

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

(i) Full name of sub-

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

………………………………

………………………………

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

………………………………

____________________ _______________________
[Signature of Tenderer) Date

To:





RE: Tender No.

Tender Name
LETTER OF NOTIFICATION OF AWARD

Address of Procuring Entity

_____________________
_____________________

This is to notify that the contract/s stated below under the above mentioned tender have been
awarded to you.

1. Please acknowledge receipt of this letter of notification signifying your acceptance.

2. The contract/contracts shall be signed by the parties within 30 days of the date of
this letter but not earlier than 14 days from the date of the letter.

3. You may contact the officer(s) whose particulars appear below on the subject matter
of this letter of notification of award.

(FULL PARTICULARS)

 SIGNED FOR ACCOUNTING OFFICER

FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION NO……………. OF……….….20……...

BETWEEN
……………………………………………. APPLICANT
AND
…………………………………RESPONDENT (Procuring Entity)

Request for review of the decision of the…………… (Name of the Procuring Entity) of
……………dated the…day of ………….20……….in the matter of Tender No………..…of
…………..20…

REQUEST FOR REVIEW

I/We……………………………,the above named Applicant(s), of address: Physical

address…………….Fax
No……Tel. No……..Email ……………, hereby request the Public Procurement Administrative
Review Board to review the whole/part of the above mentioned decision on the following grounds ,
namely:-

1.
2

By this memorandum, the Applicant requests the Board for an order/orders that: -
1.
2

SIGNED ……………….(Applicant)
Dated on…………….day of ……………/…20…

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Board on ………… day of
………....20….………

SIGNED
Board Secretary