COUNTY GOVERNMENT OF MOMBASA

TENDER NO. CGM/PROC/T/003/2022-23

PROPOSED INSTALLATION OF FULLY EQUIPED

CONTAINER CESS STATIONS AT SHANZU, MIRITINI AND
LIKONI

TENDER DOCUMENT

THE COUNTY SECRETARY,

COUNTY GOVERNMENT OF MOMBASA,

P.O BOX 390440 – 80100,

MOMBASA.

8TH NOVEMBER, 2022

INVITATION TO TENDER
 TENDER NO.: CGM/PROC/T/003/2022-23

TENDER NAME: PROPOSED INSTALLATION OF FULLY EQUIPED CONTAINER CESS STATIONS

AT SHANZU, MIRITINI AND LIKONI

1. The County Government of Mombasa now invites sealed tenders from qualified and eligible contractors registered and
under by NCA6 and above (building works) for PROPOSED INSTALLATION OF FULLY EQUIPED
CONTAINER CESS STATIONS AT SHANZU, MIRITINI AND LIKONI

2. Tendering will be conducted through the National Competitive (NCB) Bidding procedures specified in the Public
Procurement and Asset Disposal Act (Amended), 2015 and is open to all Tenderers as defined in the Act.
3. The Bidding documents can also be downloaded from the county website www.mombasa.go.ke at no fee
4. Bidders are advised to regularly visit the County Government of Mombasa website to obtain any additional
information/addendum on the tender. All addenda/additional information on the tender shall be posted
on the website as they become available.

5. Completed Tender Documents in sealed envelopes bearing the Tender Name, Tender Number, and Address of the
tenderer (enable returning them in case of late delivery) must be deposited at the Tender Box located at the
County Assembly Hall ground floor next to the main office. The tenders must be received or returned
to the Procurement office, 2nd floor County Assembly Hall, Treasury Square, Mombasa to reach him
not later than 1000HRS on 24th November 2022
Bulky tenders shall be submitted at the office of Director of Procurement & Supplies located on the 2nd floor
of County Assembly Building BEFORE 1000HRS EAST AFRICAN TIME, ON 1000HRS on 24th
November 2022 to be addressed as shown below.

TENDER NO.: CGM/PROC/T/003/2022-23

PROPOSED INSTALLATION OF FULLY EQUIPED CONTAINER CESS STATIONS AT SHANZU,

MIRITINI AND LIKONI

“DO NOT OPEN BEFORE 1000 HOURS ON 24th November 2022

Addressed to:

THE COUNTY SECRETARY,

COUNTY GOVERNMENT OF MOMBASA,
P.O BOX 390440 – 80100,
MOMBASA.

6. Tenders shall be publicly opened immediately thereafter in the presence of bidders/representatives who choose to
attend the opening process at 10.15 a.m. in the Finance Boardroom, County Assembly Hall 2nd Floor or where
directed by the County Secretary.
7. Prices quoted should be inclusive of all taxes and delivery and must be in Kenya Shillings shall remain valid for 120
days from the closing date of the tender.

8. Canvassing or lobbying for the tender shall lead to automatic disqualification.

COUNTY SECRETARY.
COUNTY GOVERNMENT OF MOMBASA.

PART 1 - TENDERING PROCEDURES

SECTION I: INSTRUCTIONS TO TENDERERS

A General Provisions

1. Scope of Tender

1.1 The Procuring Entity as defined in the Appendix to Conditions of Contract invites tenders for Works Contract as
described in the tender documents. The name, identification, and number of lots (contracts) of this Tender
Document are specified in the TDS.

2. Fraud and Corruption

2.1 The Procuring Entity requires compliance with the provisions of the Public Procurement and Asset Disposal Act,
2015, Section 62 “Declaration not to engage in corruption”. The tender submitted by a person shall include a
declaration that the person shall not engage in any corrupt or fraudulent practice and a declaration that the person
or his or her sub-contractors are not debarred from participating in public procurement proceedings.

2.2 The Procuring Entity requires compliance with the provisions of the Competition Act 2010, regarding collusive
practices in contracting. Any tenderer found to have engaged in collusive conduct shall be disqualified and
criminal and/or civil sanctions may be imposed. To this effect, Tenders shall be required to complete and sign the
“Certificate of Independent Tender Determination” annexed to the Form of Tender.

2.3 Unfair Competitive Advantage - Fairness and transparency in the tender process require that the firms or their
Affiliates competing for a specific assignment do not derive a competitive advantage from having provided
consulting services related to this tender. To that end, the Procuring Entity shall indicate in the Data Sheet and
make available to all the firms together with this tender document all information that would in that respect give
such firm any unfair competitive advantage over competing firms.

2.4 Unfair Competitive Advantage -Fairness and transparency in the tender process require that the Firms or their
Affiliates competing for a specific assignment do not derive a competitive advantage from having provided
consulting services related to this tender being tendered for. The Procuring Entity shall indicate in the TDS firms
(if any) that provided consulting services for the contract being tendered for. The Procuring Entity shall check
whether the owners or controllers of the Tenderer are same as those that provided consulting services. The
Procuring Entity shall, upon request, make available to any tenderer information that would give such firm unfair
competitive advantage over competing firms.

3. Eligible Tenderers

3.1 A Tenderer may be a firm that is a private entity, a state-owned enterprise or institution subject to ITT 3.7 or any
combination of such entities in the form of a joint venture (JV) under an existing agreement or with the intent to
enter into such an agreement supported by a letter of intent. Public employees and their close relatives (spouses,
children, brothers, sisters and uncles and aunts) are not eligible to participate in the tender. In the case of a joint
venture, all members shall be jointly and severally liable for the execution of the entire Contract in accordance
with the Contract terms. The JV shall nominate a Representative who shall have the authority to conduct all
business for and on behalf of any and all the members of the JV during the tendering process and, in the event the
JV is awarded the Contract, during contract execution. The maximum number of JV members shall be specified
in the TDS.

3.2 Public Officers of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister. Child, Parent, Brother
or Sister of a Spouse, their business associates or agents and firms/organizations in which they have a substantial or
controlling interest shall not be eligible to tender or be awarded a contract. Public Officers are also not allowed to
participate in any procurement proceedings.

3.3 A Tenderer shall not have a conflict of interest. Any tenderer found to have a conflict of interest shall be
disqualified. A tenderer may be considered to have a conflict of interest for the purpose of this tendering process, if
the tenderer:
a) Directly or indirectly controls, is controlled by or is under common control with another tenderer; or
b) Receives or has received any direct or indirect subsidy from another tenderer; or
c) Has the same legal representative as another tenderer; or
d) Has a relationship with another tenderer, directly or through common third parties, that puts it in a position

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 to influence the tender of another tenderer, or influence the decisions of the Procuring Entity regarding this
tendering process; or
e) Any of its affiliates participated as a consultant in the preparation of the design or technical specifications of
the works that are the subject of the tender; or
f) any of its affiliates has been hired (or is proposed to be hired) by the Procuring Entity as Engineer for the
Contract implementation; or
g) Would be providing goods, works, or non-consulting services resulting from or directly related to
consulting services for the preparation or implementation of the contract specified in this Tender
Document or
h) Has a close business or family relationship with a professional staff of the Procuring Entity who:
i) are directly or indirectly involved in the preparation of the Tender document or specifications of the
Contract, and/or the Tender evaluation process of such contract; or
ii) would be involved in the implementation or supervision of such Contract unless the conflict
stemming from such relationship has been resolved in a manner acceptable to the Procuring Entity
throughout the tendering process and execution of the Contract.

3.4 A tenderer shall not be involved in corrupt, coercive, obstructive, collusive or fraudulent practice. A tenderer that
is proven to have been involved any of these practices shall be automatically disqualified.

3.5 A Tenderer (either individually or as a JV member) shall not participate in more than one Tender, except for
permitted alternative tenders. This includes participation as a subcontractor in other Tenders. Such participation
shall result in the disqualification of all Tenders in which the firm is involved. A firm that is not a tenderer or a JV
member may participate as a subcontractor in more than one tender. Members of a joint venture may not also
make an individual tender, be a subcontractor in a separate tender or be part of another joint venture for the
purposes of the same Tender.

3.6 A Tenderer may have the nationality of any country, subject to the restrictions pursuant to ITT 4.8.A Tenderer
shall be deemed to have the nationality of a country if the Tenderer is constituted, incorporated or registered in
and operates in conformity with the provisions of the laws of that country, as evidenced by its articles of
incorporation (or equivalent documents of constitution or association) and its registration documents, as the case
may be. This criterion also shall apply to the determination of the nationality of proposed subcontractors or sub-
consultants for any part of the Contract including related Services.

3.7 Tenderer that has been debarred from participating in public procurement shall be ineligible to tender or be
awarded a contract. The list of debarred firms and individuals is available from the website of PPRA
www.ppra.go.ke.

3.8 Tenderers that are state-owned enterprises or institutions may be eligible to compete and be awarded a
Contract(s) only if they are accredited by PPRA to be (i) a legal public entity of the state Government and/or
public administration, (ii) financially autonomous and not receiving any significant subsidies or budget support
from any public entity or Government, and (iii) operating under commercial law and vested with legal rights and
liabilities similar to any commercial enterprise to enable it compete with firms in the private sector on an equal
basis.

3.9 A Firms and individuals may be ineligible if their countries of origin (a) as a matter of law or official regulations,
Kenya prohibits commercial relations with that country, or (b) by an act of compliance with a decision of the
United Nations Security Council taken under Chapter VII of the Charter of the United Nations, Kenya prohibits
any import of goods or contracting of works or services from that country, or any payments to any country,
person, or entity in that country. A tenderer shall provide such documentary evidence of eligibility satisfactory to
the Procuring Entity, as the Procuring Entity shall reasonably request.

3.10 Foreign tenderers are required to source at least forty (40%) percent of their contract inputs (in supplies,
subcontracts and labor) from national suppliers and contractors. To this end, a foreign tenderer shall provide in its
tender documentary evidence that this requirement is met. Foreign tenderers not meeting this criterion will be
automatically disqualified. Information required to enable the Procuring Entity determine if this condition is met
shall be provided in for this purpose is be provided in “SECTION III - EVALUATION AND QUALIFICATION
CRITERIA, Item 9”.

3.11 Pursuant to the eligibility requirements of ITT 4.10, a tender is considered a foreign tenderer, if the tenderer is
not registered in Kenya or if the tenderer is registered in Kenya and has less than 51 percent ownership by Kenyan

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 Citizens. JVs are considered as foreign tenderers if the individual member firms are not registered in Kenya or if
are registered in Kenya and have less than 51 percent ownership by Kenyan citizens. The JV shall not subcontract
to foreign firms more than 10 percent of the contract price, excluding provisional sums.

3.12 The National Construction Authority Act of Kenya requires that all local and foreign contractors be registered
with the National Construction Authority and be issued with a Registration Certificate before they can undertake
any construction works in Kenya. Registration shall not be a condition for tender, but it shall be a condition of
contract award and signature. A selected tenderer shall be given opportunity to register before such award and
signature of contract. Application for registration with National Construction Authority may be accessed from
the website www.nca.go.ke.

3.13 The Competition Act of Kenya requires that firms wishing to tender as Joint Venture undertakings which may
prevent, distort or lessen competition in provision of services are prohibited unless they are exempt in
accordance with the provisions of Section 25 of the Competition Act, 2010. JVs will be required to seek for
exemption from the Competition Authority. Exemption shall not be a condition for tender, but it shall be a
condition of contract award and signature. A JV tenderer shall be given opportunity to seek such exemption as a
condition of award and signature of contract. Application for exemption from the Competition Authority of Kenya
may be accessed from the website www.cak.go.ke

3.14 A Kenyan tenderer shall provide evidence of having fulfilled his/her tax obligations by producing a valid tax
clearance certificate or tax exemption certificate issued by the Kenya Revenue Authority.

4. Eligible Goods, Equipment, and Services

4.1 Goods, equipment and services to be supplied under the Contract may have their origin in any country that is not
eligible under ITT 3.9. At the Procuring Entity's request, Tenderers may be required to provide evidence of the
origin of Goods, equipment and services.

4.2 Any goods, works and production processes with characteristics that have been declared by the relevant national
environmental protection agency or by other competent authority as harmful to human beings and to the
environment shall not be eligible for procurement.

5. Tenderer's Responsibilities

5.1 The tenderer shall bear all costs associated with the preparation and submission of his/her tender, and the
Procuring Entity will in no case be responsible or liable for those costs.

5.2 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.

5.3 The Tenderer and any of its personnel or agents will be granted permission by the Procuring Entity to enter upon
its premises and lands for the purpose of such visit. The Tenderer shall indemnify the Procuring Entity against all
liability arising from death or personal injury, loss of or damage to property, and any other losses and expenses
incurred as a result of the inspection.

5.4 The tenderer shall provide in the Form of Tender and Qualification Information, a preliminary description of the
proposed work method and schedule, including charts, as necessary or required.

B. Contents of Tender Documents

6. Sections of Tender Document

6.1 The tender document consists of Parts 1, 2, and 3, which includes all the sections specified below, and which
should be read in conjunction with any Addenda issued in accordance with ITT 8.

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 PART 1 Tendering Procedures
i) Section I - Instructions to Tenderers (ITT)
ii) Section II - Tender Data Sheet (TDS)
iii) Section III - Evaluation and Qualification Criteria
iv) Section IV - Tendering Forms

PART 2 Works Requirements

i) Section V - Drawings
ii) Section VI - Specifications
iii) Section VII - Bills of Quantities

PART 3 Conditions of Contract and Contract Forms

i) Section VIII - General Conditions of Contract (GCC)
ii) Section IX - Special Conditions of Contract (SC)
iii) Section X - Contract Forms

6.2 The Invitation to Tender Document (ITT) issued by the Procuring Entity is not part of the Contract documents.

6.3 Unless obtained directly from the Procuring Entity, the Procuring Entity is not responsible for the completeness of
the Tender document, responses to requests for clarification, the minutes of the pre-Tender meeting (if any), or
Addenda to the Tender document in accordance with ITT 8. In case of any contradiction, documents obtained
directly from the Procuring Entity shall prevail.

The Tenderer is expected to examine all instructions, forms, terms, and specifications in the Tender Document
and to furnish with its Tender all information and documentation as is required by the Tender document.

7. Site Visit

7.1 The Tenderer, at the Tenderer's own responsibility and risk, is encouraged to visit and examine and inspect the Site
of the Required Services and its surroundings and obtain all information that may be necessary for preparing the
Tender and entering into a contract for the Services. The costs of visiting the Site shall be at the Tenderer's own
expense.

8. Pre-Tender Meeting

8.1 The Procuring Entity shall specify in the TDS if a pre-tender meeting will be held, when and where. The
Procuring Entity shall also specify in the TDS if a pre-arranged pretender site visit will be held and when. The
Tenderer's designated representative is invited to attend a pre-arranged pretender visit of the site of the works.
The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at
that stage.

8.2 The Tenderer is requested to submit any questions in writing, to reach the Procuring Entity not later than the
period specified in the TDS before the meeting.

8.3 Minutes of the pre-Tender meeting and the pre-arranged pretender site visit of the site of the works, if applicable,
including the text of the questions asked by Tenderers and the responses given, together with any responses
prepared after the meeting, will be transmitted promptly to all Tenderers who have acquired the Tender
Documents in accordance with ITT 6.3. Minutes shall not identify the source of the questions asked.

8.4 The Procuring Entity shall also promptly publish anonym zed (no names) Minutes of the pre-Tender meeting and the
pre-arranged pretender visit of the site of the works at the web page identified in the TDS. Any modification to the
Tender Documents that may become necessary as a result of the pre-tender meeting and the pre-arranged
pretender site visit, shall be made by the Procuring Entity exclusively through the issue of an Addendum pursuant to
ITT 8 and not through the minutes of the pre-Tender meeting. Nonattendance at the pre-Tender meeting will not
be a cause for disqualification of a Tenderer.

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9. Clarification and amendments of Tender Documents

9.1 A Tenderer requiring any clarification of the Tender Document shall contact the Procuring Entity in writing at the
Procuring Entity's address specified in the TDS or raise its enquiries during the pre-Tender meeting and the pre-
arranged pretender visit of the site of the works if provided for in accordance with ITT 8.4. The Procuring Entity
will respond in writing to any request for clarification, provided that such request is received no later than the
period specified in the TDS prior to the deadline for submission of tenders. The Procuring Entity shall forward
copies of its response to all tenderers who have acquired the Tender Documents in accordance with ITT 6.3,
including a description of the inquiry but without identifying its source. If specified in the TDS, the Procuring
Entity shall also promptly publish its response at the web page identified in the TDS. Should the clarification
result in changes to the essential elements of the Tender Documents, the Procuring Entity shall amend the Tender
Documents appropriately following the procedure under ITT 8.4.

10. Amendment of Tendering Document

10.1 At any time prior to the deadline for submission of Tenders, the Procuring Entity may amend the Tendering
document by issuing addenda.

10.2 Any addendum issued shall be part of the tendering document and shall be communicated in writing to all who
have obtained the tendering document from the Procuring Entity in accordance with ITT 6.3. The Procuring
Entity shall also promptly publish the addendum on the Procuring Entity's web page in accordance with ITT 8.4.

10.3 To give prospective Tenderers reasonable time in which to take an addendum into account in preparing their
Tenders, the Procuring Entity shall extend, as necessary, the deadline for submission of Tenders, in accordance
with ITT 25.2 below.

C. Preparation of Tenders

11. Cost of Tendering

11.1 The Tenderer shall bear all costs associated with the preparation and submission of its Tender, and the Procuring
Entity shall not be responsible or liable for those costs, regardless of the conduct or outcome of the tendering
process.

12. Language of Tender

12.1 The Tender, as well as all correspondence and documents relating to the tender exchanged by the tenderer and the
Procuring Entity, shall be written in the English Language. Supporting documents and printed literature that are
part of the Tender may be in another language provided they are accompanied by an accurate and notarized
translation of the relevant passages into the English Language, in which case, for purposes of interpretation of the
Tender, such translation shall govern.

13. Documents Comprising the Tender

13.1 The Tender shall comprise the following:

a) Form of Tender prepared in accordance with ITT 14;
b) Schedules including priced Bill of Quantities, completed in accordance with ITT 14 and ITT 16;
c) Tender Security or Tender-Securing Declaration, in accordance with ITT 21.1;
d) Alternative Tender, if permissible, in accordance with ITT 15;
e) Authorization: written confirmation authorizing the signatory of the Tender to commit the Tenderer, in
accordance with ITT 22.3;
f) Qualifications: documentary evidence in accordance with ITT 19establishing the Tenderer's qualifications
to perform the Contract if its Tender is accepted;
g) Conformity: a technical proposal in accordance with ITT 18;
h) Any other document required in the TDS.

13.2 In addition to the requirements under ITT 11.1, Tenders submitted by a JV shall include a copy of the Joint
Venture Agreement entered into by all members. Alternatively, a letter of intent to execute a Joint Venture
Agreement in the event of a successful Tender shall be signed by all members and submitted with the Tender,

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 together with a copy of the proposed Agreement. The Tenderer shall chronologically serialize pages of all tender
documents submitted.

13.3 The Tenderer shall furnish in the Form of Tender information on commissions and gratuities, if any, paid or to be
paid to agents or any other party relating to this Tender.

14. Form of Tender and Schedules

14.1 The Form of Tender and Schedules, including the Bill of Quantities, shall be prepared using the relevant forms
furnished in Section IV, Tendering Forms. The forms must be completed without any alterations to the text, and no
substitutes shall be accepted except as provided under ITT 20.3. All blank spaces shall be filled in with the
information requested.

15. Alternative Tenders

15.1 Unless otherwise specified in the TDS, alternative Tenders shall not be considered.

15.2 When alternative times for completion are explicitly invited, a statement to that effect will be included in the
TDS, and the method of evaluating different alternative times for completion will be described in Section III,
Evaluation and Qualification Criteria.

15.3 Except as provided under ITT 13.4 below, Tenderers wishing to offer technical alternatives to the requirements
of the Tender Documents must first price the Procuring Entity's design as described in the Tender Documents
and shall further provide all information necessary for a complete evaluation of the alternative by the Procuring
Entity, including drawings, design calculations, technical specifications, breakdown of prices, and proposed
construction methodology and other relevant details. Only the technical alternatives, if any, of the Tenderer with
the Winning Tender conforming to the basic technical requirements shall be considered by the Procuring Entity.
When specified in the TDS, Tenderers are permitted to submit alternative technical solutions for specified parts
of the Works, and such parts will be identified in the TDS, as will the method for their evaluating, and described
in Section VII, Works' Requirements.

16. Tender Prices and Discounts

16.1 The prices and discounts (including any price reduction) quoted by the Tenderer in the Form of Tender and in the
Bill of Quantities shall conform to the requirements specified below.

16.2 The Tenderer shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Items
against which no rate or price is entered by the Tenderer shall be deemed covered by the rates for other items in
the Bill of Quantities and will not be paid for separately by the Procuring Entity. An item not listed in the priced
Bill of Quantities shall be assumed to be not included in the Tender, and provided that the Tender is determined
substantially responsive notwithstanding this omission, the average price of the item quoted by substantially
responsive Tenderers will be added to the Tender price and the equivalent total cost of the Tender so determined
will be used for price comparison.

16.3 The price to be quoted in the Form of Tender, in accordance with ITT 14.1, shall be the total price of the
Tender, including any discounts offered.

16.4 The Tenderer shall quote any discounts and the methodology for their application in the Form of Tender, in
accordance with ITT 14.1.

16.5 It will be specified in the TDS if the rates and prices quoted by the Tenderer are or are not subject to adjustment
during the performance of the Contract in accordance with the provisions of the Conditions of Contract, except in
cases where the contract is subject to fluctuations and adjustments, not fixed price. In such a case, the Tenderer
shall furnish the indices and weightings for the price adjustment formulae in the Schedule of Adjustment Data
and the Procuring Entity may require the Tenderer to justify its proposed indices and weightings.

16.6 Where tenders are being invited for individual lots (contracts)or for any combination of lots (packages),
tenderers wishing to offer discounts for the award of more than one Contract shall specify in their Tender the
price reductions applicable to each package, or alternatively, to individual Contracts within the package.
Discounts shall be submitted in accordance with ITT 16.4, provided the Tenders for all lots (contracts) are
opened at the same time.
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16.7 All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause, as of the
date 30 days prior to the deadline for submission of Tenders, shall be included in the rates and prices and the
total Tender Price submitted by the Tenderer.

17. Currencies of Tender and Payment

17.1 Tenderers shall quote entirely in Kenya Shillings. The unit rates and the prices shall be quoted by the Tenderer in
the Bill of Quantities, entirely in Kenya shillings. A Tenderer expecting to incur expenditures in other currencies
for inputs to the Works supplied from outside Kenya shall device own ways of getting foreign currency to meet
those expenditures.

18. Documents Comprising the Technical Proposal

18.1 The Tenderer shall furnish a technical proposal including a statement of work methods, equipment, personnel,
schedule and any other information as stipulated in Section IV, Tender Forms, in sufficient detail to demonstrate the
adequacy of the Tenderer's proposal to meet the work's requirements and the completion time.

19. Documents Establishing the Eligibility and Qualifications of the Tenderer

19.1 Tenderers shall complete the Form of Tender, included in Section IV, Tender Forms, to establish Tenderer's
eligibility in accordance with ITT 4.

19.2 In accordance with Section III, Evaluation and Qualification Criteria, to establish its qualifications to perform the
Contract the Tenderer shall provide the information requested in the corresponding information sheets included in
Section IV, Tender Forms.

19.3 A margin of preference will not be allowed. Preference and reservations will be allowed, individually or in joint
ventures. Applying for eligibility for Preference and reservations shall supply all information required to satisfy the
criteria for eligibility specified in accordance with ITT 33.1.

19.4 Tenderers shall be asked to provide, as part of the data for qualification, such information, including details of
ownership, as shall be required to determine whether, according to the classification established by the Procuring
Entity, a contractor or group of contractors qualifies for a margin of preference. Further the information will
enable the Procuring Entity identify any actual or potential conflict of interest in relation to the procurement
and/or contract management processes, or a possibility of collusion between tenderers, and thereby help to
prevent any corrupt influence in relation to the procurement process or contract management.

19.5 The purpose of the information described in ITT 19.4 above overrides any claims to confidentiality which a
tenderer may have. There can be no circumstances in which it would be justified for a tenderer to keep
information relating to its ownership and control confidential where it is tendering to undertake public sector
work and receive public sector funds. Thus, confidentiality will not be accepted by the Procuring Entity as a
justification for a Tenderer's failure to disclose, or failure to provide required information on its ownership and
control.

19.6 The Tenderer shall provide further documentary proof, information or authorizations that the Procuring Entity
may request in relation to ownership and control which information on any changes to the information which
was provided by the tenderer under ITT 6.3. The obligations to require this information shall continue for the
duration of the procurement process and contract performance and after completion of the contract, if any
change to the information previously provided may reveal a conflict of interest in relation to the award or
management of the contract.

19.7 All information provided by the tenderer pursuant to these requirements must be complete, current and accurate
as at the date of provision to the Procuring Entity. In submitting the information required pursuant to these
requirements, the Tenderer shall warrant that the information submitted is complete, current and accurate as at
the date of submission to the Procuring Entity.

19.8 If a tenderer fails to submit the information required by these requirements, its tender will be rejected. Similarly,
if the Procuring Entity is unable, after taking reasonable steps, to verify to a reasonable degree the information
submitted by a tenderer pursuant to these requirements, then the tender will be rejected.

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19.9 If information submitted by a tenderer pursuant to these requirements, or obtained by the Procuring Entity
(whether through its own enquiries, through notification by the public or otherwise), shows any conflict of
interest which could materially and improperly benefit the tenderer in relation to the procurement or contract
management process, then:
i) if the procurement process is still ongoing, the tenderer will be disqualified from the procurement process,
ii) if the contract has been awarded to that tenderer, the contract award will be set aside,
iii) the tenderer will be referred to the relevant law enforcement authorities for investigation of whether the
tenderer or any other persons have committed any criminal offence.

19.10 If a tenderer submits information pursuant to these requirements that is incomplete, inaccurate or out-of-date, or
attempts to obstruct the verification process, then the consequences ITT 6.7 will ensue unless the tenderer can
show to the reasonable satisfaction of the Procuring Entity that any such act was not material, or was due to
genuine error which was not attributable to the intentional act, negligence or recklessness of the tenderer.

20. Period of Validity of Tenders

20.1 Tenders shall remain valid for the Tender Validity period specified in the TDS. The Tender Validity period starts
from the date fixed for the Tender submission deadline (as prescribed by the Procuring Entity in accordance with
ITT 24). A Tender valid for a shorter period shall be rejected by the Procuring Entity as non-responsive.

20.2 In exceptional circumstances, prior to the expiration of the Tender validity period, the Procuring Entity may
request Tenderers to extend the period of validity of their Tenders. The request and the responses shall be made
in writing. If a Tender Security is requested in accordance with ITT 21.1, it shall also be extended for thirty (30)
days beyond the deadline of the extended validity period. A Tenderer may refuse the request without forfeiting
its Tender security. A Tenderer granting the request shall not be required or permitted to modify its Tender,
except as provided in ITT 20.3.

20.3 If the award is delayed by a period exceeding the number of days to be specified in the TDS days beyond the
expiry of the initial tender validity period, the Contract price shall be determined as follows:
a) in the case of fixed price contracts, the Contract price shall be the tender price adjusted by the factor
specified in the TDS;
b) in the case of adjustable price contracts, no adjustment shall be made; or in any case, tender evaluation
shall be based on the tender price without taking into consideration the applicable correction from those
indicated above.

21. Tender Security

21.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or a Tender Security as
specified in the TDS, in original form and, in the case of a Tender Security, in the amount and currency specified in
the TDS. A Tender-Securing Declaration shall use the form included in Section IV, Tender Forms.

21.2 If a Tender Security is specified pursuant to ITT 19.1, the Tender Security shall be a demand guarantee in any of
the following forms at the Tenderer's option:
a) an unconditional Bank Guarantee issued by reputable commercial bank); or
b) an irrevocable letter of credit;
c) a Banker's cheque issued by a reputable commercial bank; or
d) another security specified in the TDS,

21.3 If an unconditional bank guarantee is issued by a bank located outside Kenya, the issuing bank shall have a
correspondent bank located in Kenya to make it enforceable. The Tender Security shall be valid for thirty (30)
days beyond the original validity period of the Tender, or beyond any period of extension if requested under ITT
20.2.

21.4 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.1, any Tender not
accompanied by a substantially responsive Tender Security or Tender-Securing Declaration shall be rejected by
the Procuring Entity as non-responsive.

21.5 If a Tender Security is specified pursuant to ITT 21.1, the Tender Security of unsuccessful Tenderers shall be
returned as promptly as possible upon the successful Tenderer's signing the Contract and furnishing the

8
 Performance Security and any other documents required in the TDS. The Procuring Entity shall also promptly
return the tender security to the tenderers where the procurement proceedings are terminated, all tenders were
determined nonresponsive or a bidder declines to extend tender validity period.

21.6 The Tender Security of the successful Tenderer shall be returned as promptly as possible once the successful
Tenderer has signed the Contract and furnished the required Performance Security, and any other documents
required in the TDS.

21.7 The Tender Security may be forfeited or the Tender-Securing Declaration executed:
e) if a Tenderer withdraws its Tender during the period of Tender validity specified by the Tenderer on the
Form of Tender, or any extension thereto provided by the Tenderer; or
f) if the successful Tenderer fails to:
i) sign the Contract in accordance with ITT 50; or
ii) furnish a Performance Security and if required in the TDS, and any other documents required in the
TDS.

21.8 Where tender securing declaration is executed, the Procuring Entity shall recommend to the PPRA that PPRA
debars the Tenderer from participating in public procurement as provided in the law.

21.9 The Tender Security or the Tender-Securing Declaration of a JV shall be in the name of the JV that submits the
Tender. If the JV has not been legally constituted into a legally enforceable JV at the time of tendering, the
Tender Security or the Tender-Securing Declaration shall be in the names of all future members as named in
the letter of intent referred to in ITT 4.1 and ITT 11.2.

21.10 A tenderer shall not issue a tender security to guarantee itself.

22. Format and Signing of Tender

22.1 The Tenderer shall prepare one original of the documents comprising the Tender as described in ITT 13 and
clearly mark it “ORIGINAL.” Alternative Tenders, if permitted in accordance with ITT 15, shall be clearly
marked “ALTERNATIVE.” In addition, the Tenderer shall submit copies of the Tender, in the number
specified in the TDS and clearly mark them “COPY.” In the event of any discrepancy between the original and
the copies, the original shall prevail.

22.2 Tenderers shall mark as “CONFIDENTIAL” all information in their Tenders which is confidential to their
business. This may include proprietary information, trade secrets, or commercial or financially sensitive
information.

22.3 The original and all copies of the Tender shall be typed or written in indelible ink and shall be signed by a
person duly authorized to sign on behalf of the Tenderer. This authorization shall consist of a written
confirmation as specified in the TDS and shall be attached to the Tender. The name and position held by each
person signing the authorization must be typed or printed below the signature. All pages of the Tender where
entries or amendments have been made shall be signed or initialed by the person signing the Tender.

22.4 In case the Tenderer is a JV, the Tender shall be signed by an authorized representative of the JV on behalf of
the JV, and to be legally binding on all the members as evidenced by a power of attorney signed by their legally
authorized representatives.

22.5 Any inter-lineation, erasures, or overwriting shall be valid only if they are signed or initialed by the person
signing the Tender.

D. Submission and Opening of Tenders

23. Sealing and Marking of Tenders

23.1 Depending on the sizes or quantities or weight of the tender documents, a tenderer may use an envelope, package or
container. The Tenderer shall deliver the Tender in a single sealed envelope, or in a single sealed package, or in a
single sealed container bearing the name and Reference number of the Tender, addressed to the Procuring
Entity and a warning not to open before the time and date for Tender opening date. Within the single envelope,
package or container, the Tenderer shall place the following separate, sealed envelopes:

9
 a) in an envelope or package or container marked “ORIGINAL”, all documents comprising the Tender, as
described in ITT 11; and
b) in an envelope or package or container marked “COPIES”, all required copies of the Tender; and
c) if alternative Tenders are permitted in accordance with ITT 15, and if relevant:
i) in an envelope or package or container marked “ORIGINAL –ALTERNATIVE TENDER”, the
alternative Tender; and
ii) in the envelope or package or container marked “COPIES- ALTERNATIVE TENDER”, all
required copies of the alternative Tender.

The inner envelopes or packages or containers shall:

a) bear the name and address of the Procuring Entity.
b) bear the name and address of the Tenderer; and
c) bear the name and Reference number of the Tender.

23.2 If an envelope or package or container is not sealed and marked as required, the Procuring Entity will assume no
responsibility for the misplacement or premature opening of the Tender. Tenders that are misplaced or opened
prematurely will not be accepted.

24. Deadline for Submission of Tenders

24.1 Tenders must be received by the Procuring Entity at the address specified in the TDS and no later than the date
and time also specified in the TDS. When so specified in the TDS, Tenderers shall have the option of submitting
their Tenders electronically. Tenderers submitting Tenders electronically shall follow the electronic Tender
submission procedures specified in the TDS.

24.2 The Procuring Entity may, at its discretion, extend the deadline for the submission of Tenders by amending the
Tender Documents in accordance with ITT 8, in which case all rights and obligations of the Procuring Entity and
Tenderers previously subject to the deadline shall thereafter be subject to the deadline as extended.

25. Late Tenders

25.1 The Procuring Entity shall not consider any Tender that arrives after the deadline for submission of tenders, in
accordance with ITT 24. Any Tender received by the Procuring Entity after the deadline for submission of
Tenders shall be declared late, rejected, and returned unopened to the Tenderer.

26. Withdrawal, Substitution, and Modification of Tenders

26.1 A Tenderer may withdraw, substitute, or modify its Tender after it has been submitted by sending a written notice,
duly signed by an authorized representative, and shall include a copy of the authorization in accordance with ITT
22.3, (except that withdrawal notices do not require copies). The corresponding substitution or modification of
the Tender must accompany the respective written notice. All notices must be:
a) prepared and submitted in accordance with ITT 22 and ITT 23 (except that withdrawals notices do not
require copies), and in addition, the respective envelopes shall be clearly marked “WITHDRAWAL,”
“SUBSTITUTION,” “MODIFICATION;” and
b) received by the Procuring Entity prior to the deadline prescribed for submission of Tenders, in accordance
with ITT 24.

26.2 Tenders requested to be withdrawn in accordance with ITT 26.1 shall be returned unopened to the Tenderers.

26.3 No Tender may be withdrawn, substituted, or modified in the interval between the deadline for submission of
Tenders and the expiration of the period of Tender validity specified by the Tenderer on the Form of Tender or any
extension thereof.

27. Tender Opening

27.1 Except in the cases specified in ITT 23 and ITT 26.2, the Procuring Entity shall publicly open and read out all
Tenders received by the deadline, at the date, time and place specified in the TDS, in the presence of Tenderers'
designated representatives who chooses to attend. Any specific electronic Tender opening procedures required if
electronic Tendering is permitted in accordance with ITT 24.1, shall be as specified in the TDS.

10
27.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelopes with the
corresponding Tender shall not be opened, but returned to the Tenderer. No Tender withdrawal shall be
permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal
and is read out at Tender opening.

27.3 Next, envelopes marked “SUBSTITUTION” shall be opened and read out and exchanged with the
corresponding Tender being substituted, and the substituted Tender shall not be opened, but returned to the
Tenderer. No Tender substitution shall be permitted unless the corresponding substitution notice contains a
valid authorization to request the substitution and is read out at Tender opening.

27.4 Next, envelopes marked “MODIFICATION” shall be opened and read out with the corresponding Tender. No
Tender modification shall be permitted unless the corresponding modification notice contains a valid
authorization to request the modification and is read out at Tender opening.

27.5 Next, all remaining envelopes shall be opened one at a time, reading out: the name of the Tenderer and whether
there is a modification; the total Tender Price, per lot (contract) if applicable, including any discounts and
alternative Tenders; the presence or absence of a Tender Security or Tender-Securing Declaration, if required;
and any other details as the Procuring Entity may consider appropriate.

27.6 Only Tenders, alternative Tenders and discounts that are opened and read out at Tender opening shall be
considered further for evaluation. The Form of Tender and pages of the Bills of Quantities are to be initialed by
the members of the tender opening committee attending the opening. The number of representatives of the
Procuring Entity to sign shall be specified in the TDS.

27.7 At the Tender Opening, the Procuring Entity shall neither discuss the merits of any Tender nor reject any
Tender (except for late Tenders, in accordance with ITT 25.1).

27.8 The Procuring Entity shall prepare minutes of the Tender Opening that shall include, as a minimum:
a) the name of the Tenderer and whether there is a withdrawal, substitution, or modification;
b) the Tender Price, per lot (contract) if applicable, including any discounts;
c) any alternative Tenders;
d) the presence or absence of a Tender Security, if one was required.
e) number of pages of each tender document submitted.

27.9 The Tenderers' representatives who are present shall be requested to sign the minutes. The omission of a
Tenderer's signature on the minutes shall not invalidate the contents and effect of the minutes. A copy of the
tender opening register shall be distributed to all Tenderers upon request.

E. Evaluation and Comparison of Tenders

28. Confidentiality

28.1 Information relating to the evaluation of Tenders and recommendation of contract award shall not be disclosed
to Tenderers or any other persons not officially concerned with the Tender process until information on
Intention to Award the Contract is transmitted to all Tenderers in accordance with ITT 46.

28.2 Any effort by a Tenderer to influence the Procuring Entity in the evaluation of the Tenders or Contract award
decisions may result in the rejection of its tender.

28.3 Notwithstanding ITT 28.2, from the time of tender opening to the time of contract award, if a tenderer wishes to
contact the Procuring Entity on any matter related to the tendering process, it shall do so in writing.

29. Clarification of Tenders

29.1 To assist in the examination, evaluation, and comparison of the tenders, and qualification of the tenderers, the
Procuring Entity may, at its discretion, ask any tenderer for a clarification of its tender, given a reasonable time
for a response. Any clarification submitted by a tenderer that is not in response to a request by the Procuring
Entity shall not be considered. The Procuring Entity's request for clarification and the response shall be in
writing. No change, including any voluntary increase or decrease, in the prices or substance of the tender shall
be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the
11
 Procuring Entity in the evaluation of the tenders, in accordance with ITT 33.

29.2 If a tenderer does not provide clarifications of its tender by the date and time set in the Procuring Entity's
request for clarification, its Tender may be rejected.

30. Deviations, Reservations, and Omissions

30.1 During the evaluation of tenders, the following definitions apply:

a) “Deviation” is a departure from the requirements specified in the tender document;
b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the
requirements specified in the tender document; and
c) “Omission” is the failure to submit part or all of the information or documentation required in the Tender
document.

31. Determination of Responsiveness

31.1 The Procuring Entity's determination of a Tender's responsiveness is to be based on the contents of the tender
itself, as defined in ITT 13.

31.2 A substantially responsive Tender is one that meets the requirements of the Tender document without material
deviation, reservation, or omission. A material deviation, reservation, or omission is one that, if accepted,
would:
a) affect in any substantial way the scope, quality, or performance of the Works specified in the Contract; or
b) limit in any substantial way, inconsistent with the tender document, the Procuring Entity's rights or the
tenderer's obligations under the proposed contract; or
c) if rectified, would unfairly affect the competitive position of other tenderers presenting substantially
responsive tenders.

31.3 The Procuring Entity shall examine the technical aspects of the tender submitted in accordance with ITT 18, to
confirm that all requirements of Section VII, Works' Requirements have been met without any material
deviation, reservation or omission.

31.4 If a tender is not substantially responsive to the requirements of the tender document, it shall be rejected by the
Procuring Entity and may not subsequently be made responsive by correction of the material deviation,
reservation, or omission.

32. Non-material Non-conformities

32.1 Provided that a tender is substantially responsive, the Procuring Entity may waive any non-conformities in the
tender.

32.2 Provided that a Tender is substantially responsive, the Procuring Entity may request that the tenderer submit the
necessary information or documentation, within a reasonable period, to rectify nonmaterial non-conformities in
the tender related to documentation requirements. Requesting information or documentation on such non-
conformities shall not be related to any aspect of the price of the tender. Failure of the tenderer to comply with
the request may result in the rejection of its tender.

32.3 Provided that a tender is substantially responsive, the Procuring Entity shall rectify quantifiable nonmaterial
non-conformities related to the Tender Price. To this effect, the Tender Price shall be adjusted, for comparison
purposes only, to reflect the price of a missing or non-conforming item or component in the manner specified in
the TDS.

33. Arithmetical Errors

33.1 The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be
the subject of correction, adjustment or amendment in any way by any person or entity.

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33.2 Provided that the Tender is substantially responsive, the Procuring Entity shall handle errors on the following
basis:
a) Any error detected if considered a major deviation that affects the substance of the tender, shall lead to
disqualification of the tender as non-responsive.
b) Any errors in the submitted tender arising from a miscalculation of unit price, quantity, and 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. and
c) if there is a discrepancy between words and figures, the amount in words shall prevail

33.3 Tenderers shall be notified of any error detected in their bid during the notification of a ward.

34. Currency provisions

34.1 Tenders will priced be in Kenya Shillings only. Tenderers quoting in currencies other than in Kenya shillings will
be determined non-responsive and rejected.

35. Margin of Preference and Reservations

35.1 No margin of preference shall be allowed on contracts for small works.

35.2 Where it is intended to reserve the contract to specific groups under Small and Medium Enterprises, or enterprise of
women, youth and/or persons living with disability, who are appropriately registered as such by the authority to be
specified in the TDS, a procuring entity shall ensure that the invitation to tender specifically indicates that only
businesses/firms belonging to those specified groups are the only ones eligible to tender. Otherwise if no so stated,
the invitation will be open to all tenderers.

36. Nominated Subcontractors

36.1 Unless otherwise stated in the TDS, the Procuring Entity does not intend to execute any specific elements of the
Works by subcontractors selected in advance by the Procuring Entity.

36.2 Tenderers may propose subcontracting up to the percentage of total value of contracts or the volume of works as
specified in the TDS. Subcontractors proposed by the Tenderer shall be fully qualified for their parts of the Works.

36.3 The subcontractor's qualifications shall not be used by the Tenderer to qualify for the Works unless their specialized
parts of the Works were previously designated by the Procuring Entity in the TDS as can be met by subcontractors
referred to hereafter as 'Specialized Subcontractors', in which case, the qualifications of the Specialized
Subcontractors proposed by the Tenderer may be added to the qualifications of the Tenderer.

37. Evaluation of Tenders

37.1 The Procuring Entity shall use the criteria and methodologies listed in this ITT and Section III, Evaluation and
Qualification Criteria. No other evaluation criteria or methodologies shall be permitted. By applying the criteria and
methodologies the Procuring Entity shall determine the Best Evaluated Tender in accordance with ITT 40.

37.2 To evaluate a Tender, the Procuring Entity shall consider the following:
a) price adjustment due to discounts offered in accordance with ITT 16;
b) converting the amount resulting from applying (a) and (b) above, if relevant, to a single currency in
accordance with ITT39;
c) price adjustment due to quantifiable nonmaterial non-conformities in accordance with ITT 30.3; and
d) any additional evaluation factors specified in the TDS and Section III, Evaluation and Qualification
Criteria.

37.3 The estimated effect of the price adjustment provisions of the Conditions of Contract, applied over the period of
execution of the Contract, shall not be considered in Tender evaluation.

37.4 In the case of multiple contracts or lots, Tenderers shall be allowed to tender for one or more lots and the
methodology to determine the lowest evaluated cost of the lot (contract) combinations, including any discounts
offered in the Form of Tender, is specified in Section III, Evaluation and Qualification Criteria.

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38. Comparison of Tenders

38.1 The Procuring Entity shall compare the evaluated costs of all substantially responsive Tenders established in
accordance with ITT 38.2 to determine the Tender that has the lowest evaluated cost.

39. Abnormally Low Tenders

39.1 An Abnormally Low Tender is one where the Tender price, in combination with other elements of the Tender,
appears so low that it raises material concerns as to the capability of the Tenderer in regards to the Tenderer's
ability to perform the Contract for the offered Tender Price or that genuine competition between Tenderers is
compromised.

39.2 In the event of identification of a potentially Abnormally Low Tender, the Procuring Entity shall seek written
clarifications from the Tenderer, including detailed price analyses of its Tender price in relation to the subject
matter of the contract, scope, proposed methodology, schedule, allocation of risks and responsibilities and any
other requirements of the Tender document.

39.3 After evaluation of the price analyses, in the event that the Procuring Entity determines that the Tenderer has
failed to demonstrate its capability to perform the Contract for the offered Tender Price, the Procuring Entity
shall reject the Tender.

40. Abnormally High Tenders

40.1 An abnormally high price is one where the tender price, in combination with other constituent elements of the
Tender, appears unreasonably too high to the extent that the Procuring Entity is concerned that it (the Procuring
Entity) may not be getting value for money or it may be paying too high a price for the contract compared with
market prices or that genuine competition between Tenderers is compromised.

40.2 In case of an abnormally high tender price, the Procuring Entity shall make a survey of the market prices, check
if the estimated cost of the contract is correct and review the Tender Documents to check if the specifications,
scope of work and conditions of contract are contributory to the abnormally high tenders. The Procuring Entity
may also seek written clarification from the tenderer on the reason for the high tender price. The Procuring
Entity shall proceed as follows:
i) If the tender price is abnormally high based on wrong estimated cost of the contract, the Procuring Entity
may accept or not accept the tender depending on the Procuring Entity's budget considerations.
ii) If specifications, scope of work and/or conditions of contract are contributory to the abnormally high
tender prices, the Procuring Entity shall reject all tenders and may retender for the contract based on
revised estimates, specifications, scope of work and conditions of contract, as the case may be.

40.3 If the Procuring Entity determines that the Tender Price is abnormally too high because genuine competition
between tenderers is compromised (often due to collusion, corruption or other manipulations), the Procuring
Entity shall reject all Tenders and shall institute or cause competent Government Agencies to institute an
investigation on the cause of the compromise, before retendering.

41. Unbalanced and/or Front-Loaded Tenders

41.1 If in the Procuring Entity's opinion, the Tender that is evaluated as the lowest evaluated price is seriously
unbalanced and/or front loaded, the Procuring Entity may require the Tenderer to provide written clarifications.
Clarifications may include detailed price analyses to demonstrate the consistency of the tender prices with the
scope of works, proposed methodology, schedule and any other requirements of the Tender document.

41.2 After the evaluation of the information and detailed price analyses presented by the Tenderer, the Procuring
Entity may as appropriate:
a) accept the Tender; or
b) require that the total amount of the Performance Security be increased at the expense of the Tenderer to a
level not exceeding a 30% of the Contract Price; or
c) agree on a payment mode that eliminates the inherent risk of the Procuring Entity paying too much for
undelivered works; or
d) reject the Tender,

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42. Qualifications of the Tenderer

42.1 The Procuring Entity shall determine to its satisfaction whether the eligible Tenderer that is selected as having
submitted the lowest evaluated cost and substantially responsive Tender, meets the qualifying criteria specified
in Section III, Evaluation and Qualification Criteria.

42.2 The determination shall be based upon an examination of the documentary evidence of the Tenderer's
qualifications submitted by the Tenderer, pursuant to ITT 19. The determination shall not take into
consideration the qualifications of other firms such as the Tenderer's subsidiaries, parent entities, affiliates,
subcontractors (other than Specialized Subcontractors if permitted in the Tender document), or any other
firm(s) different from the Tenderer.

42.3 An affirmative determination shall be a prerequisite for award of the Contract to the Tenderer. A negative
determination shall result in disqualification of the Tender, in which event the Procuring Entity shall proceed to
the Tenderer who offers a substantially responsive Tender with the next lowest evaluated price to make a
similar determination of that Tenderer's qualifications to perform satisfactorily.

42.4 An Abnormally Low Tender is one where the Tender price, in combination with other elements of the Tender,
appears so low that it raises material concerns as to the capability of the Tenderer in regards to the Tenderer's
ability to perform the Contract for the offered Tender Price.

42.5 In the event of identification of a potentially Abnormally Low Tender, the Procuring Entity shall seek written
clarifications from the Tenderer, including detailed price analyses of its Tender price in relation to the subject
matter of the contract, scope, proposed methodology, schedule, allocation of risks and responsibilities and any
other requirements of the Tender document.

42.6 After evaluation of the price analyses, if the Procuring Entity determines that the Tenderer has failed to
demonstrate its capability to perform the Contract for the offered Tender Price, the Procuring Entity shall reject
the Tender.

43. Best Evaluated Tender

43.1 Having compared the evaluated prices of Tenders, the Procuring Entity shall determine the Best Evaluated
Tender. The Best Evaluated Tender is the Tender of the Tenderer that meets the Qualification Criteria and whose
Tender has been determined to be:
a) Most responsive to the Tender document; and
b) the lowest evaluated price.

44. Procuring Entity's Right to Accept Any Tender, and to Reject Any or All Tenders.

44.1 The Procuring Entity reserves the right to accept or reject any Tender and to annul the Tender process and reject
all Tenders at any time prior to Contract Award, without thereby incurring any liability to Tenderers. In case of
annulment, all Tenderers shall be notified with reasons and all Tenders submitted and specifically, Tender
securities, shall be promptly returned to the Tenderers.

F. Award of Contract

45. Award Criteria

45.1 The Procuring Entity shall award the Contract to the successful tenderer whose tender has been determined to be
the Lowest Evaluated Tender.

46. Notice of Intention to enter into a Contract

46.1 Upon award of the contract and Prior to the expiry of the Tender Validity Period the Procuring Entity shall issue a
Notification of Intention to Enter into a Contract / Notification of award to all tenderers which shall contain, at a
minimum, the following information:
a) the name and address of the Tenderer submitting the successful tender;
b) the Contract price of the successful tender;

15
 c) a statement of the reason(s) the tender of the unsuccessful tenderer to whom the letter is addressed was
unsuccessful, unless the price information in (c) above already reveals the reason;
d) the expiry date of the Standstill Period; and
e) instructions on how to request a debriefing and/or submit a complaint during the standstill period;

47. Standstill Period

47.1 The Contract shall not be signed earlier than the expiry of a Standstill Period of 14 days to allow any
dissatisfied tender to launch a complaint. Where only one Tender is submitted, the Standstill Period shall not
apply.

47.2 Where a Standstill Period applies, it shall commence when the Procuring Entity has transmitted to each
Tenderer the Notification of Intention to Enter into a Contract with the successful Tenderer.

48. Debriefing by the Procuring Entity

48.1 On receipt of the Procuring Entity's Notification of Intention to Enter into a Contract referred to in ITT 46, an
unsuccessful tenderer may make a written request to the Procuring Entity for a debriefing on specific issues or
concerns regarding their tender. The Procuring Entity shall provide the debriefing within five days of receipt of
the request.

48.2 Debriefings of unsuccessful Tenderers may be done in writing or verbally. The Tenderer shall bear its own
costs of attending such a debriefing meeting.

49. Letter of Award

49.1 Prior to the expiry of the Tender Validity Period and upon expiry of the Standstill Period specified in ITT 42.1,
upon addressing a complaint that has been filed within the Standstill Period, the Procuring Entity shall transmit
the Letter of Award to the successful Tenderer. The letter of award shall request the successful tenderer to furnish
the Performance Security within 21days of the date of the letter.

50. Signing of Contract

50.1 Upon the expiry of the fourteen days of the Notification of Intention to enter into contract and upon the parties
meeting their respective statutory requirements, the Procuring Entity shall send the successful Tenderer the
Contract Agreement.

50.2 Within fourteen (14) days of receipt of the Contract Agreement, the successful Tenderer shall sign, date, and
return it to the Procuring Entity.

50.3 The written contract shall be entered into within the period specified in the notification of award and before
expiry of the tender validity period

51. Appointment of Adjudicator

51.1 The Procuring Entity proposes the person named in the TDS to be appointed as Adjudicator under the Contract, at
the hourly fee specified in the TDS, plus reimbursable expenses. If the Tenderer disagrees with this proposal, the
Tenderer should so state in his Tender. If, in the Letter of Acceptance, the Procuring Entity does not agree on the
appointment of the Adjudicator, the Procuring Entity will request the Appointing Authority designated in the
Special Conditions of Contract (SCC) pursuant to Clause 23.1 of the General Conditions of Contract (GCC), to
appoint the Adjudicator.

52. Performance Security

52.1 Within twenty-one (21) days of the receipt of the Letter of Acceptance from the Procuring Entity, the successful
Tenderer shall furnish the Performance Security and, any other documents required in the TDS, in accordance
with the General Conditions of Contract, subject to ITT 40.2 (b), using the Performance Security and other
Forms included in Section X, Contract Forms, or another form acceptable to the Procuring Entity. A foreign
institution providing a bank guarantee shall have a correspondent financial institution located in Kenya, unless
the Procuring Entity has agreed in writing that a correspondent bank is not required.

16
52.2 Failure of the successful Tenderer to submit the above-mentioned Performance Security and other documents
required in the TDS, or sign the Contract shall constitute sufficient grounds for the annulment of the award and
forfeiture of the Tender Security. In that event the Procuring Entity may award the Contract to the Tenderer
offering the next Best Evaluated Tender.

52.3 Performance security shall not be required for contracts estimated to cost less than Kenya shillings five million
shillings.

53. Publication of Procurement Contract

53.1 Within fourteen days after signing the contract, the Procuring Entity shall publish the awarded contract at its
notice boards and websites; and on the Website of the Authority. At the minimum, the notice shall contain the
following information:
a) name and address of the Procuring Entity;
b) name and reference number of the contract being awarded, a summary of its scope and the selection
method used;
c) the name of the successful Tenderer, the final total contract price, the contract duration.
d) dates of signature, commencement and completion of contract;
e) names of all Tenderers that submitted Tenders, and their Tender prices as read out at Tender opening.

54. Procurement Related Complaints

54.1 The procedures for making Procurement-related Complaints are as specified in the TDS.

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Section II - Tender Data Sheet (TDS)

The following specific data shall complement, supplement, or amend the provisions in the Instructions to Tenderers
(ITT). Whenever there is a conflict, the provisions herein shall prevail over those in ITT.

The reference number of the Invitation for Tenders is: CGM/PROC/T/003/2022-23

The Procuring Entity is: COUNTY GOVERNMENT OF MOMBASA
The name of the Contract is: PROPOSED INSTALLATION OF FULLY
EQUIPED CONTAINER CESS STATIONS AT SHANZU, MIRITINI AND
LIKONI

This is a competitive open tender.

None

N/A

There shall be NO pre-tender site visit.

For Clarification of Tender purposes only, the Procuring Entity’s address is:
Director Supply Chain Management,
County Government of Mombasa,
P.O Box 90440-80100,
Mombasa- Kenya.
Email address: [email protected]

Requests for clarification should be received by the Procuring Entity no later than: 5
days before submission

www.mombasa.go.ke

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1 C. Preparation of Tenders

ITP The Tenderer shall submit the following additional documents in

13.1 (h) its Tender: Tenderers are encouraged to attach all the tender
documents and tender forms as requested.
ITT Alternative Tenders will not be considered
15.1

ITT Alternative times for completion shall not be permitted

15.2
-
ITT Alternative technical solutions shall be permitted for the
15.4 following parts of the Works: None

ITT The prices quoted by the Tenderer shall be fixed for the entire
16.5 contract period.
ITT The Tender validity period shall be 120 days from the date of the
22.1 tender opening.
ITT N/A
21.3 (a)

ITT 21.1 Provide Tender Security of Kshs. 400,000 (Four Hundred Thousand) in the
form of a Banker’s guarantee or an Insurance Company Guarantee issued by an
insurance firm approved by the Public Procurement Regulatory Authority (PPRA),
cash, letter of credit or guarantee by a deposit taking microfinance institution, Sacco
society, the Youth Enterprise Development Fund or the Women Enterprise Fund
valid for 120 days from the date of tender opening in the format provided in the
tender document

19
I
ITT 21.5 On the Performance Security of 10% of the contract price shall be required
upon accepting the award of the tender.

N/A
ITT 21.9

ITT 22.1 In addition to the original of the Tender, the number of copies to
be provided should be 2 copies.
ITT 22.3 The written confirmation of authorization to sign on behalf of the
Tenderer shall consist of approved power of attorney.

I D. Submission and Opening of Tenders

ITT 24.1 The tenderer shall prepare the tender document comprising of Technical Submission and
Financial Submission and seal them in a ONE ENVELOPE. The envelope shall bear the
Tender Name, Tender Number, and Address of the tenderer (enable returning them in case
of late delivery).

The envelope will be addressed as.

TENDER NO.: CGM/PROC/T/003/2022-23

TENDER NAME: PROPOSED CONTAINER CESS STATION AT SHANZU, MIRITINI AND

LIKONI.

“DO NOT OPEN BEFORE 1000 HOURS ON 24th November, 2022

Addressed to:
THE COUNTY SECRETARY
COUNTY GOVERNMENT OF MOMBASA

P.O. BOX 390440 - 80100 MOMBASA.

NB/-
Technical submission will include;
• Attaching Preliminary required documents
• Technical evaluation requirement as detailed in the evaluation criteria
Financial Submission will include;
• Dully filled Form of Tender and
• Filled BoQs.

20
 Tenders shall shall not submit tenders electronically.

ITT 27.1 The Tender opening shall take place at the Finance Board Room located on the 2nd
floor of County Assembly Building at 1015HRS

ITT 27.6 I All the appointed opening committee members will sign the tenders
E. Evaluation, and Comparison of Tenders

ITT 32.3 The adjustment shall be based on the market rates and price of the item
or component as quoted in other substantially responsive Tenders. If the
price of the item or component cannot be derived from the price of other
substantially responsive Tenders, the Procuring Entity shall use its best
estimate market rate price.
ITT 35.2 The invitation to tender is extended to the following groups that
qualify for Reservations -----------
------------

N/A……This is an open tender and therefore Special Groups are also

encouraged to participate.
ITT 36.1 At this time, the Procuring Entity does not intend to execute certain specific
parts of the Works by subcontractors selected in advance.

ITT 36.2 Subcontracting will not be allowed

ITT 36.3 The parts of the Works for which the Procuring Entity permits Tenderers
to propose Specialized Subcontractors are designated as follows:

N/A

ITT 37.2 (d) Additional requirements apply. These are detailed in the evaluation
criteria in Section III, Evaluation and Qualification Criteria.
ITT 51.1 The person named to be appointed as Adjudicator is as to be agreed in the
contract

21
ITT 53.1 The procedures for making Procurement-related Complaints are detailed in
the "Regulations" available from the PPRA Website www.ppra.go.ke or
email [email protected] .

22
 SECTION III - EVALUATION AND QUALIFICATION CRITERIA

1. General Provisions
This section contains all the criteria that the Procuring Entity shall use to evaluate Bids and
qualify Bidders through post-qualification. No other factors, methods or criteria shall be used
other than specified in this tender document. The Bidder shall provide all the information
requested in the forms included in this tender. After tender opening, the tenders will be evaluated
in the following stages:

(a) Preliminary Examination of Bids;

(b) Detailed Technical Evaluation of Bids
(c) Detailed Commercial Evaluation of Bids
(d) Recommendation for Award.

2. PRELIMINARY EXAMINATION FOR DETERMINATION OF

RESPONSIVENESS

The Tender submission shall:

1. Have contents pages clearly indicating Sections and Page Numbers

2. Have pages in the whole document numbered in the correct sequence, serialized and
bound.
3. Shall contain the following documents; clearly marked and arranged in the
following order; -
i. Particulars of Tendering Company to include Company background, Taxpayer
Registration Certificate, Certificate of Incorporation/ Registration and Current/Valid
Tax Compliance Certificate from Kenya Revenue Authority, Current/Valid Single
Business Permit (MANDATORY).

ii. Certificate of Registration with the National Construction Authority (NCA) –NCA
7 and above (Building Works) (MANDATORY).

iii. Tender Security of KShs. 400, 000.00 in the form of a Banker’s guarantee or an
Insurance Company Guarantee issued by an insurance firm approved by the Public
Procurement Regulatory Authority (PPRA), cash, letter of credit or guarantee by a
deposit taking microfinance institution, Sacco society, the Youth Enterprise
Development Fund or the Women Enterprise Fund valid for 120 days from the date
of tender opening in the format provided in the tender document (MANDATORY).

iv. Duly filled and signed Confidential Business Questionnaire (MANDATORY).

v. Duly filled and signed Declaration Form (MANDATORY).

vi. Duly filled and signed Anti-Corruption Declaration Commitment/ Pledge

(MANDATORY).

vii. Dully signed and filled all the required bidding forms (MANDATORY)

viii. Evidence of power of attorney, in the case of delegated responsibility from

directors (MANDATORY)

ix. Written undertaking that the tenderer shall submit only one tender/bid and will not
be associated or jointly be associated with any other bidder that submits a bid in
this tender (MANDATORY).

Note: A bid that fails to comply with this requirement in item (viii) will lead to
23
 disqualification.

x. Experience in previous and on-going works of a similar nature and size for at least
five years covering from 2016 to current and filled in the attached formats in the
tender document (MANDATORY).

Bidders MUST provide the Contract documents, copies of Completion or Final

Certificates, names and addresses of clients who may be contacted for further
information on these contracts for each of the works provided to be considered.

xi. Proposed five Major items of construction equipment proposed to carry out the
Contract and detail of whether they are owned, leased or to be hired (provide
evidence of ownership/ lease). The equipment should include but not be limited to
the following functions: (MANDATORY).

xii. Qualifications and experience of at least three key site management / technical
personnel and their CVs in the format provided and copies of certificates
(MANDATORY).
xii. Evidence of any ongoing and past litigation processes (MANDATORY).
xiii. Certified copies of Audited Financial reports for the last three (3) or 2018, 2019
and 2020 (MANDATORY).

3. TENDER TECHNICAL EVALUATION

Technical proposals shall be subjected to the following evaluation criteria:

i. Experience in previous and on-going construction works of a similar nature and

size for at least Five years covering from 2016 to current (30 marks) -
distributed as below.

Works of similar nature

• 6 Completed or ongoing similar Jobs ( 5 Marks each if copies of evidence
attached)
(Rest of the marks given on Pro-rata basis)

Attach reference letter or LPOs, Inspection and acceptance certificates or

completion certificates.

ii. The Proposed five major items of construction equipment proposed to carry out
the Contract and detail of whether they are owned, leased or to be hired (provide
evidence of ownership/ lease). The equipment should include but not be limited
to the following functions (10 marks) - distributed as below:

• Own/ Lease – 2marks each

• Undertaking to Hire – 1 mark each

iii. Qualifications and experience of at least three key site management / technical
personnel and their CVs and copies of certificates (35 marks) - distributed as
below:
a) Qualification of Project Manager should be at a minimum of the following (11
marks):
o At least 10 years’ experience (4 marks)
o Minimum of Bachelor’s Degree in Building and Civil Works (4 marks)
o Supervise and provide guidance to the site team and creating a Health, Safety
and Environmental Management Plan (HSEMP) (3 marks)
b) Qualification of a Site Engineer should be at a minimum of the following (8 marks):

24
 o At least 7 years’ experience in construction and construction related assignments
(4 marks)
o Diploma in Building and Civil Works from a recognized institution. (4 marks)
c) Qualification of a Site Foreman 1 should be at a minimum of the following (8 marks)
o At least 5 years’ experience in construction or maintenance of container building
structures. (4 marks)
o Diploma/Certificate in civil works from a recognized institution. (4 marks)

d) Qualification of a Site Foreman 2 should be at a minimum of the following (8 marks)

• At least 5 years’ experience in construction or maintenance of container building
structures. (4 marks)
• Diploma/Certificate in civil works from a recognized institution. (4 marks)

• Marks awarded on pro rata for meeting requirement

• Zero (0) marks for not meeting requirement

iv. Proposed program (work method and schedule) for the whole of the Works (10
marks)

v. Certified copies of Audited Financial reports for the last three (3) years 2019,
2020 and 2021 where available (15 marks).
• Liquidity ratios CA/CL > 2 = 5 marks
• Gearing ratios not more than 20% = 5 marks
• Profitability ratios 20% and above = 5 marks

Marks will be awarded on the ratio indicated as an average for the three
years as follows:
• Full marks for meeting requirement
• Zero (0) marks for not meeting requirement

The bidders shall be required to score a minimum of 80 out of 100 marks for

Financial submission to be considered.

4: FINANCIAL/COMMERCIAL EVALUATION OF BIDS

This stage will involve the detailed evaluation of the commercial aspects of the bids using the
following procedure and methodology as provided in the tender document. For evaluation and
comparison purposes only, the commercial evaluation shall be done as follows:

(a) The BoQs shall be checked to ensure they are complete in line with the technical offer;

(b) If a Bidder does not quote prices for an item, the bid shall be rejected as non-responsive.

(c) The bids shall be checked for any arithmetical errors in computation and summations. If a bid
has material errors in the line subtotals, totals, and division, it shall be rejected as non-
responsive.

(d) The bids shall be ranked from lowest to highest based on the quotes in BoQs

5: RECOMMENDATION FOR AWARD

The purpose of this stage will be to determine the successful bidder using the following procedure:
(1) The Bidders shall be ranked from lowest to the highest evaluated price, and the bidder with the
lowestevaluated total price per square meter identified.
(2) The lowest evaluated bidder shall be subjected to due diligence based on the documents
submitted andthe evaluation process undertaken.
25
(3) If the lowest evaluated bidder fails after the conduct of due diligence, a report shall be prepared
to that effect and the bid rejected as non-responsive.
(4) In that event, the second lowest bidder shall be subjected to the due diligence based on the
documents submitted and the evaluation process undertaken.
(5) The Procuring Entity reserves the right to accept or reject any tender, and to annul the tendering
process and reject all tenders, at any time prior to award of contract, without thereby incurring any
liability to the affected tenderers or any obligation to inform the affected tenderers of the grounds
forthe Procuring Entity action.

26
25

4. QUALIFICATION FORM SUMMARY

26
27
QUALIFICATION FORMS

1. FORM EQU: EQUIPMENT

The Tenderer shall provide adequate information to demonstrate clearly that it has the capability to meet the
requirements for the key equipment listed in Section III, Evaluation and Qualification Criteria. A separate Form shall be
prepared for each item of equipment listed, or for alternative equipment proposed by the Tenderer.

61
2. FORM PER -1

Contractor's Representative and Key Personnel Schedule

Tenderers should provide the names and details of the suitably qualified Contractor's Representative and Key Personnel
to perform the Contract. The data on their experience should be supplied using the Form PER-2 below for each
candidate.

Contractor' Representative and Key Personnel

64
3. FORM PER-2:

Resume and Declaration - Contractor's Representative and Key Personnel.

Summarize professional experience in reverse chronological order. Indicate particular technical and managerial
experience relevant to the project.

61
Declaration

I, the undersigned [insert either “Contractor's Representative” or “Key Personnel” as applicable], certify that to the
best of my knowledge and belief, the information contained in this Form PER-2 correctly describes myself, my
qualifications and my experience.

I confirm that I am available as certified in the following table and throughout the expected time schedule for this
position as provided in the Tender:

I understand that any misrepresentation or omission in this Form may:

a) be taken into consideration during Tender evaluation;
b) result in my disqualification from participating in the Tender;
c) result in my dismissal from the contract.

Name of Contractor's Representative or Key Personnel: [insert name]

Signature:

Date: (day month year): Countersignature

of authorized representative of the Tenderer:

Signature: Date: (day month

year):

64
4. TENDERERS QUALIFICATION WITHOUT PRE-QUALIFICATION

To establish its qualifications to perform the contract in accordance with Section III, Evaluation and Qualification
Criteria the Tenderer shall provide the information requested in the corresponding Information Sheets included
hereunder.

FORM ELI -1.1 Tenderer Information Form

Date: ITT No. and title:

61
 FORM CON - 2

Historical Contract Non-Performance, Pending Litigation and Litigation History

Tenderer's Name: Date: JV Member's Name

ITT No. and title:

64
 Year of Amount in dispute Contract Identification Total Contract
dispute (currency) Amount
(currency),
Kenya Shilling
Equivalent
(exchange rate)
Contract Identification: ---
Name of Procuring Entity: _
Address of Procuring Entity: _
Matter in dispute: _
Party who initiated the dispute: _
Status of dispute: _
Contract Identification:
Name of Procuring Entity:
Address of Procuring Entity:
Matter in dispute:
Party who initiated the dispute:
Status of dispute:
J Litigation History in accordance with Section III, Evaluation and Qualification Criteria
D No Litigation History in accordance with Section III, Evaluation and Qualification Criteria,
Sub- Factor 2.4.
D Litigation History in accordance with Section Ill, Evaluation and Qualification Criteria, Sub-
Factor 2.4 as indicated below.
Yea Outcome as Contract Identification Total Contract
r of percentage Amount
awa of Net (currency),
rd Worth Kenya Shilling
Equivalent
(exchange rate)
[ins [insert Contract Identification: [indicate [insert
ert percentage} complete contract name, number, and amount}
year any other identification]
] Name of Procuring Entity: [insert full
name] Address of Procuring Entity:
[insert street/city/country}
Matter in dispute: [indicate main
issues in dispute]
Party who initiated the dispute:
[indicate "Procuring Entity" or
"Contractor"] Reason(s) for Litigation
and award decision
[indicate main reason(s)]

61
5.4 FORM FIN – 3.1:

Financial Situation and Performance

Tenderer's Name: Date: JV

Member's Name ITT No. and title:

5.4.1. Financial Data (FOR 3 YEARS, F/Y 2018, 2019 AND 2020 and should be in Kenya Shillings)

61
 Sources of Finance

Specify sources of finance to meet the cash flow requirements on works currently in progress and for future
contract commitments.

Financial documents

The Tenderer and its parties shall provide copies of financial statements for years pursuant
Section III, Evaluation and Qualifications Criteria, Sub-factor 3.1. The financial statements shall:
a) reflect the financial situation of the Tenderer or in case of JV member, and not an affiliated entity (such as
parent company or group member).
b) be independently audited or certified in accordance with local legislation.
c) be complete, including all notes to the financial statements.
d) correspond to accounting periods already completed and audited.
Attached are copies of financial statements1 for the years required above;
and complying with the requirements

5.5 FORM FIN – 3.2

Average Annual Construction Turnover

Tenderer's Name: Date: JV Member's Name

ITT No. and title:

* See Section III, Evaluation and Qualification Criteria, Sub-Factor 3.2.

If the most recent set of financial statements is for a period earlier than 12 months from the date of
1

Tender, the reason for this should be justified.

64
5.6 FORM FIN – 3.3:
Financial Resources

Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and other
financial means, net of current commitments, available to meet the total construction cash flow demands of the subject
contract or contracts as specified in Section III, Evaluation and Qualification Criteria

FORM FIN – 3.4:

Current Contract Commitments / Works in Progress

Tenderers and each member to a JV should provide information on their current commitments on all contracts that have
been awarded, or for which a letter of intent or acceptance has been received, or for contracts approaching completion,
but for which an unqualified, full completion certificate has yet to be issued.

61
 FORM EXP - 4.1

General Construction Experience

Tenderer's Name: Date: JV Member's Name

ITT No. and title:

Page of pages

64
 FORM EXP - 4.2(a)

Specific Construction and Contract Management Experience

Tenderer's Name: Date: JV Member's Name ITT No.

and title:

61
 FORM EXP - 4.2(b)

Construction Experience in Key Activities

Tenderer's Name: Date: Tenderer's JV Member

Name: Sub-contractor's Name2 (as per ITT 34):
ITT No. and title:

All Sub-contractors for key activities must complete the information in this form as per ITT 34 and Section III,
Evaluation and Qualification Criteria, Sub-Factor 4.2.

1. Key Activity No One: -

2. Activity No. Two 3. …………………

2
If applicable

64
OTHER FORMS

6. FORM OF TENDER

INSTRUCTIONS TO TENDERERS

i) The Tenderer must prepare this Form of Tender on stationery with its letterhead clearly showing the Tenderer's
complete name and business address.
ii) All italicized text is to help Tenderer in preparing this form.
iii) Tenderer must complete and sign CERTIFICATE OF INDEPENDENT TENDER DETERMINATION and the
SELF DECLARATION OF THE TENDERER attached to this Form of Tender.
iv) The Form of Tender shall include the following Forms duly completed and signed by the Tenderer.
• Tenderer's Eligibility- Confidential Business Questionnaire
• Certificate of Independent Tender Determination
• Self-Declaration of the Tenderer

Date of this Tender submission: [insert date (as day, month and year) of Tender submission]

Request for Tender No.: [insert identification]

Name and description of Tender [Insert as per ITT)

Alternative No.: N/A

To: County Government of Mombasa,

P.O. Box, 90113
MOMBASA
Dear Sirs,

1. In accordance with the Conditions of Contract, Specifications, Drawings and Bills of Quantities for the execution
of the above named Works, we, the undersigned offer to construct and complete the Works and remedy any defects
therein for the sum of Kenya Shillings [[Amount in figures] Kenya
Shillings [amount in words] .

The above amount includes foreign currency amount (s) of [state figure or a percentage and currency]
[figures] [words] .

The percentage or amount quoted above does not include provisional sums, and only allows not more than two
foreign currencies.

2. We undertake, if our tender is accepted, to commence the Works as soon as is reasonably possible after the receipt of
the Project Manager's notice to commence, and to complete the whole of the Works comprised in the Contract
within the time stated in the Special Conditions of Contract.

3. We agree to adhere 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. We further understand that you are not bound to accept
the lowest or any tender you may receive.

5. We, the undersigned, further declare that:

i) No reservations: We have examined and have no reservations to the tender document, including Addenda
issued in accordance with ITT 28;
ii) Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance with ITT 3
and 4;
iii) Tender-Securing Declaration: We have not been suspended nor declared ineligible by the Procuring Entity
61
 based on execution of a Tender-Securing or Proposal-Securing Declaration in the Procuring Entity's
Country in accordance with ITT 19.8;
iv) Conformity: We offer to execute in conformity with the tendering documents and in accordance with the
implementation and completion specified in the construction schedule, the following Works: [insert a brief
description of the Works];

v) Tender Price: The total price of our Tender, excluding any discounts offered in item 1 above is: [Insert one of
the options below as appropriate]

vi Option 1, in case of one lot: Total price is: [insert the total price of the Tender in words and figures, indicating
the various amounts and the respective currencies]; Or

Option 2, in case of multiple lots:

a) Total price of each lot [insert the total price of each lot in words and figures, indicating the various
amounts and the respective currencies]; and
b) Total price of all lots (sum of all lots) [insert the total price of all lots in words and figures, indicating
the various amounts and the respective currencies];

vii) Discounts: The discounts offered and the methodology for their application are:
viii) The discounts offered are: [Specify in detail each discount offered.]
ix) The exact method of calculations to determine the net price after application of discounts is shown below:
[Specify in detail the method that shall be used to apply the discounts];
x) Tender Validity Period: Our Tender shall be valid for the period specified in TDS 18.1 (as amended, if
applicable) from the date fixed for the Tender submission deadline specified in TDS 22.1 (as amended, if
applicable), and it shall remain binding upon us and may be accepted at any time before the expiration of
that period;
xi) Performance Security: If our Tender is accepted, we commit to obtain a Performance Security in
accordance with the Tendering document;
xii) One Tender Per Tender: We are not submitting any other Tender(s) as an individual Tender, and we are not
participating in any other Tender(s) as a Joint Venture member or as a subcontractor, and meet the
requirements of ITT 3.4, other than alternative Tenders submitted in accordance with ITT 13.3;
xiii) Suspension and Debarment: We, along with any of our subcontractors, suppliers, Project Manager,
manufacturers, or service providers for any part of the contract, are not subject to, and not controlled by
any entity or individual that is subject to, a temporary suspension or a debarment imposed by the Public
Procurement Regulatory Authority or any other entity of the Government of Kenya, or any international
organization.
xiv) State-owned enterprise or institution: [select the appropriate option and delete the other] [We are not a
state-owned enterprise or institution] / [We are a state-owned enterprise or institution but meet the
requirements of ITT 3.8];
xv) Commissions, gratuities, fees: We have paid, or will pay the following commissions, gratuities, or fees
with respect to the tender process or execution of the Contract: [insert complete name of each Recipient, its
full address, the reason for which each commission or gratuity was paid and the amount and currency of
each such commission or gratuity].

(If none has been paid or is to be paid, indicate “none.”)

xvi) Binding Contract: We understand that this Tender, together with your written acceptance thereof included in
your Letter of Acceptance, shall constitute a binding contract between us, until a formal contract is
prepared and executed;

xvii) Not Bound to Accept: We understand that you are not bound to accept the lowest evaluated cost Tender, the
Most Advantageous Tender or any other Tender that you may receive;

64
xviii) Fraud and Corruption: We hereby certify that we have taken steps to ensure that no person acting for us or
on our behalf engages in any type of Fraud and Corruption;

xix) Collusive practices: We hereby certify and confirm that the tender is genuine, non-collusive and made with
the intention of accepting the contract if awarded. To this effect we have signed the “Certificate of
Independent Tender Determination” attached below.

xx) We undertake to adhere by the Code of Ethics for Persons Participating in Public Procurement and Asset
Disposal, copy available from (specify website) during the procurement process and the
execution of any resulting contract.

xxi) We, the Tenderer, have completed fully and signed the following Forms as part of our Tender:
a) Tenderer's Eligibility; Confidential Business Questionnaire – to establish we are not in any conflict
to interest.
b) Certificate of Independent Tender Determination – to declare that we completed the tender without
colluding with other tenderers.
c) Self-Declaration of the Tenderer – to declare that we will, if awarded a contract, not engage in any
form of fraud and corruption.
d) Declaration and commitment to the Code of Ethics for Persons Participating in Public Procurement
and Asset Disposal

Further, we confirm that we have read and understood the full content and scope of fraud and corruption as
informed in “Appendix 1- Fraud and Corruption” attached to the Form of Tender.

Name of the Tenderer: *[insert complete name of person signing the Tender]

Name of the person duly authorized to sign the Tender on behalf of the Tenderer: **[insert complete name
of person duly authorized to sign the Tender]

Title of the person signing the Tender: [insert complete title of the person signing the Tender]

Signature of the person named above: [insert signature of person whose name and capacity are shown

above] Date signed [insert date of signing] day of [insert month], [insert year]

Date signed day of ,

Notes
* In the case of the Tender submitted by joint venture specify the name of the Joint Venture as Tenderer
** Person signing the Tender shall have the power of attorney given by the Tenderer to be attached with the
Tender.

61
A. TENDERER’S ELIGIBILITY- CONFIDENTIAL BUSINESS QUESTIONNAIRE

Instruction to Tenderer

Tender is instructed to complete the particulars required in this Form, one form for each entity if Tender is a JV. Tenderer
is further reminded that it is an offence to give false information on this Form.

(a) Tenderer's details

64
 General and Specific Details

b) Sole Proprietor, provide the following details.

Name in full Age Nationality

Country of Origin Citizenship

c) Partnership, provide the following details.

d) Registered Company, provide the following details.

i) Private or public Company

ii) State the nominal and issued capital of the Company

Nominal Kenya Shillings (Equivalent)................................................................................. Issued

Kenya Shillings (Equivalent).....................................................................................

iii) Give details of Directors as follows.

(e) DISCLOSURE OF INTEREST- Interest of the Firm in the Procuring Entity.

i) Are there any person/persons in …………… ……… (Name of Procuring Entity) who has/have an interest
or relationship in this firm? Yes/No………………………

If yes, provide details as follows.

61
ii) Conflict of interest disclosure

Type of Conflict Disclosure If YES provide details of the relationship

YES OR with Tenderer
NO
1 Tenderer is directly or indirectly
controls, is controlled by or is under
common control with another
tenderer.
2 Tenderer receives or has received any
direct or indirect subsidy from
another
tenderer.
3 Tenderer has the same legal
representative as another tenderer
4 Tender has a relationship with
another tenderer, directly or through
common
third parties, that puts it in a position
to influence the tender of another
tenderer, or influence the decisions of
the Procuring Entity regarding this
tendering process.
5 Any of the Tenderer's affiliates
participated as a consultant in the
preparation of the design or technical
specifications of the works that are
the subject of the tender.
6 Tenderer would be providing goods,
works, non-consulting services or
consulting services during
implementation of the contract
Specified in this Tender Document.
7 Tenderer has a close business or
family relationship with a
professional staff of the Procuring
Entity who are directly or indirectly
involved in the preparation of the
Tender document or specifications of
the Contract, and/or the Tender
evaluation process of such contract.
8 Tenderer has a close business or
family relationship with a
professional staff of the Procuring
Entity who would be involved in the
implementation or supervision of the
such Contract.
9 Has the conflict stemming from such
relationship stated in item 7 and 8
above been resolved in a manner
acceptable to the Procuring Entity
throughout the tendering process and
execution of the Contract.

64
f) Certification

On behalf of the Tenderer, I certify that the information given above is complete, current and accurate as at the date of
submission.

Full Name Title or

Designation

(Signature) (Date)

61
B. CERTIFICATE OF INDEPENDENT TENDER DETERMINATION

I, the undersigned, in submitting the accompanying Letter of Tender to the [Name of

Procuring Entity] for: [Name and number of tender] in
response to the request for tenders made by: [Name of Tenderer] do hereby
make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of [Name of Tenderer] that:

1. I have read and I understand the contents of this Certificate;

2. I understand that the Tender will be disqualified if this Certificate is found not to be true and complete in every
respect;

3. I am the authorized representative of the Tenderer with authority to sign this Certificate, and to submit the Tender
on behalf of the Tenderer;

4. For the purposes of this Certificate and the Tender, I understand that the word “competitor” shall include any
individual or organization, other than the Tenderer, whether or not affiliated with the Tenderer, who:
a) has been requested to submit a Tender in response to this request for tenders;
b) could potentially submit a tender in response to this request for tenders, based on their qualifications,
abilities or experience;

5. The Tenderer discloses that [check one of the following, as applicable:

a) The Tenderer has arrived at the Tender independently from, and without consultation, communication,
agreement or arrangement with, any competitor;
b) the Tenderer has entered into consultations, communications, agreements or arrangements with one or
more competitors regarding this request for tenders, and the Tenderer discloses, in the attached
document(s), complete details thereof, including the names of the competitors and the nature of, and
reasons for, such consultations, communications, agreements or arrangements;

6. In particular, without limiting the generality of paragraphs (5)(a) or (5)(b) above, there has been no consultation,
communication, agreement or arrangement with any competitor regarding:
a) prices;
b) methods, factors or formulas used to calculate prices;
c) the intention or decision to submit, or not to submit, a tender; or
d) the submission of a tender which does not meet the specifications of the request for Tenders; except as
specifically disclosed pursuant to paragraph (5)(b) above;

7. In addition, there has been no consultation, communication, agreement or arrangement with any competitor
regarding the quality, quantity, specifications or delivery particulars of the works or services to which this request
for tenders relates, except as specifically authorized by the procuring authority or as specifically disclosed
pursuant to paragraph (5)(b) above;

8. the terms of the Tender have not been, and will not be, knowingly disclosed by the Tenderer, directly or indirectly, to
any competitor, prior to the date and time of the official tender opening, or of the awarding of the Contract,
whichever comes first, unless otherwise required by law or as specifically disclosed pursuant to paragraph (5)(b)
above.

Name Title Date

[Name, title and signature of authorized agent of Tenderer and Date].

64
C. SELF - DECLARATION FORMS

FORM SD1

SELF DECLARATION THAT THE PERSON/TENDERER IS NOT DEBARRED IN THE MATTER OF

THE PUBLIC PROCUREMENTAND ASSET DISPOSALACT 2015.

I, ……………………………………., of Post Office Box …….………………………. being a resident of

………………………………….. in the Republic of ……………………………. do hereby make a statement as
follows: -

1. THAT I am the Company Secretary/ Chief Executive/Managing Director/Principal Officer/Director of

………....……………………………….. (insert name of the Company) who is a Bidder in respect of Tender
No.
………………….. for ……………………. (insert tender title/description) for ……………………. (insert
name of the Procuring entity) and duly authorized and competent to make this statement.

2. THAT the aforesaid Bidder, its Directors and subcontractors have not been debarred from participating in
procurement proceeding under Part IV of the Act.

3. THAT what is deponed to herein above is true to the best of my knowledge, information and belief.

…………………………………. ………………………………. ……………………… (Title)

(Signature) (Date)

Bidder Official Stamp

61
 FORM SD2

SELF DECLARATION THAT THE PERSON/TENDERER WILL NOT ENGAGE IN ANY

CORRUPT OR FRAUDULENT PRACTICE

I, ……………………………………. of P. O. Box ……........................…………………. being a resident of

………………………………….. in the Republic of ………………. do hereby make a statement as follows: -

1. THAT I am the Chief Executive/Managing Director/Principal Officer/Director of ………......................... (insert

name of the Company) who is a Bidder in respect of Tender No. …................................………………. for
…………………….. (insert tender title/description) for ……………… (insert name of the Procuring entity) and
duly authorized and competent to make this statement.

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

5. THAT what is deponed to herein above is true to the best of my knowledge information and belief.

………………………………… …………………….....……… ................………………………

(Title) (Signature) (Date)

Bidder's Official Stamp

64
DECLARATION AND COMMITMENT TO THE CODE OF ETHICS

I ………………......................................…………………. (person) on behalf of (Name of the Business/

Company/Firm) ……………………………………………………. declare that I have read and fully understood the
contents of the Public Procurement & Asset Disposal Act, 2015, Regulations and the Code of Ethics for persons
participating in Public Procurement and Asset Disposal and my responsibilities under the Code.

I do hereby commit to abide by the provisions of the Code of Ethics for persons participating in Public Procurement and
Asset Disposal.

Name of Authorized signatory…………………......................................................... Sign…………….....................

Position…………………………………………...................................................………...........................................

Office address………………………………………………. Telephone……………......................………………….

E-mail…………………………………………............................................................….........................................…

Name of the Firm/Company…………………………….......................................................................................……

Date………………………………………………………..............................................…. (Company Seal/ Rubber

Stamp where applicable)

Witness

Name ………………………………………………………....... Sign...................................................

Date……………………………………………………

61
D. APPENDIX 1- FRAUD AND CORRUPTION

(Appendix 1 shall not be modified)

1. Purpose

2. The Government of Kenya's Anti-Corruption and Economic Crime laws and their sanction's policies and
procedures, Public Procurement and Asset Disposal Act (no. 33 of 2015) and its Regulation, and any other
Kenya's Acts or Regulations related to Fraud and Corruption, and similar offences, shall apply with respect to
Public Procurement Processes and Contracts that are governed by the laws of Kenya.

3. Requirements

The Government of Kenya requires that all parties including Procuring Entities, Tenderers,
(applicants/proposers), Consultants, Contractors and Suppliers; any Sub-contractors, Sub-consultants,
Service providers or Suppliers; any Agents (whether declared or not); and any of their Personnel, involved
and engaged in procurement under Kenya's Laws and Regulation, observe the highest standard of ethics
during the procurement process, selection and contract execution of all contracts, and refrain from Fraud
and Corruption and fully comply with Kenya's laws and Regulations as per paragraphs 1.1 above.

Kenya's public procurement and asset disposal act (no. 33 of 2015) under Section 66 describes rules to
be followed and actions to be taken in dealing with Corrupt, Coercive, Obstructive, Collusive or
Fraudulent practices, and Conflicts of Interest in procurement including consequences for offences
committed. A few of the provisions noted below highlight Kenya's policy of no tolerance for such practices
and behavior: -
1) a person to whom this Act applies shall not be involved in any corrupt, coercive, obstructive, collusive or
fraudulent practice; or conflicts of interest in any procurement or asset disposal proceeding;
2) A person referred to under subsection (1) who contravenes the provisions of that sub-section commits an
offence;
3) Without limiting the generality of the subsection (1) and (2), the person shall be: -
a) disqualified from entering into a contract for a procurement or asset disposal proceeding; or
b) if a contract has already been entered into with the person, the contract shall be voidable;
4) The voiding of a contract by the procuring entity under subsection (7) does not limit any legal remedy the
procuring entity may have;
5) An employee or agent of the procuring entity or a member of the Board or committee of the procuring
entity who has a conflict of interest with respect to a procurement: -
a) shall not take part in the procurement proceedings;
b) shall not, after a procurement contract has been entered into, take part in any decision relating to the
procurement or contract; and
c) shall not be a subcontractor for the bidder to whom was awarded contract, or a member of the group of
bidders to whom the contract was awarded, but the subcontractor appointed shall meet all the requirements of
this Act.
6) An employee, agent or member described in subsection (1) who refrains from doing anything prohibited
under that subsection, but for that subsection, would have been within his or her duties shall disclose the
conflict of interest to the procuring entity;
7) If a person contravenes subsection (1) with respect to a conflict of interest described in subsection (5)(a)
and the contract is awarded to the person or his relative or to another person in whom one of them had a
direct or indirect pecuniary interest, the contract shall be terminated and all costs incurred by the public
entity shall be made good by the awarding officer. Etc.

In compliance with Kenya's laws, regulations and policies mentioned above, the Procuring Entity:
a) Defines broadly, for the purposes of the above provisions, the terms set forth below as follows:
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 misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an
obligation;

64
 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;
v) “obstructive practice” is:
• deliberately destroying, falsifying, altering, or concealing of evidence material to the
investigation or making false statements to investigators in order to materially impede
investigation by Public Procurement Regulatory Authority (PPRA) or any other appropriate
authority appointed by Government of Kenya into allegations of a corrupt, fraudulent, coercive,
or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from
disclosing its knowledge of matters relevant to the investigation or from pursuing the
investigation; or
• acts intended to materially impede the exercise of the PPRA's or the appointed authority's
inspection and audit rights provided for under paragraph 2.3 e. below.

b) Defines more specifically, in accordance with the above procurement Act provisions set forth for
fraudulent and collusive practices as follows:

"fraudulent practice" includes a misrepresentation of fact in order to influence a procurement or disposal

process or the exercise of a contract to the detriment of the procuring entity or the tenderer or the
contractor, and includes collusive practices amongst tenderers prior to or after tender submission designed to
establish tender prices at artificial non-competitive levels and to deprive the procuring entity of the benefits
of free and open competition.

Rejects a proposal for award of a contract if PPRA determines that the firm or individual recommended
1
c)
for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers,
suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices in competing for the contract in question;

d) Pursuant to the Kenya's above stated Acts and Regulations, may sanction or recommend to appropriate
authority (ies) for sanctioning and debarment of a firm or individual, as applicable under the Acts and
Regulations;

e) Requires that a clause be included in Tender documents and Request for Proposal documents requiring (i)
Tenderers (applicants/proposers), Consultants, Contractors, and Suppliers, and their Sub-contractors,
Sub-consultants, Service providers, Suppliers, Agents personnel, permit the PPRA or any other
appropriate authority appointed by Government of Kenya to inspect2 all accounts, records and other
documents relating to the procurement process, selection and/or contract execution, and to have them
audited by auditors appointed by the PPRA or any other appropriate authority appointed by Government
of Kenya; and

f) Pursuant to Section 62 of the above Act, requires Applicants/Tenderers to submit along with their
Applications/Tenders/Proposals a “Self-Declaration Form” as included in the procurement document
declaring that they and all parties involved in the procurement process and contract execution have not
engaged/will not engage in any corrupt or fraudulent practices.

1For the avoidance of doubt, a party's ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification,
expressing interest in a consultancy, and tendering, either directly or as a nominated sub-contractor, nominated consultant, nominated
manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment
introducing a material modification to any existing contract.
2 Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken by the Investigating
Authority or persons appointed by the Procuring Entity to address specific matters related to investigations/audits, such as evaluating the veracity
of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes but is not limited to: accessing and
examining a firm's or individual's financial records and information, and making copies thereof as relevant; accessing and examining any other
documents, data and information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies
thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining third party
verification of information.

61
7. FORM OF TENDER SECURITY - DEMAND BANK GUARANTEE

Beneficiary:
Request for Tenders No:
Date:
TENDER GUARANTEE No.:
Guarantor:

1. We have been informed that (hereinafter called "the Applicant") has submitted
or will submit to the Beneficiary its Tender (hereinafter called "the Tender") for the execution of
2. under Request for Tenders No. (“the ITT”).

3. Furthermore, we understand that, according to the Beneficiary's conditions, Tenders must be supported by a Tender
guarantee.

4. At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or
sums not exceeding in total an amount of ( ) upon receipt by us of the Beneficiary's
complying demand, supported by the Beneficiary's statement, whether in the demand itself or a separate signed
document accompanying or identifying the demand, stating that either the Applicant:

(a) has withdrawn its Tender during the period of Tender validity set forth in the Applicant's Letter of Tender (“the
Tender Validity Period”), or any extension thereto provided by the Applicant; or

b) having been notified of the acceptance of its Tender by the Beneficiary during the Tender Validity Period or any
extension thereto provided by the Applicant, (i) has failed to execute the contract agreement, or (ii) has failed to
furnish the Performance.

5. This guarantee will expire: (a) if the Applicant is the successful Tenderer, upon our receipt of copies of the contract
agreement signed by the Applicant and the Performance Security and, or (b) if the Applicant is not the successful
Tenderer, upon the earlier of (i) our receipt of a copy of the Beneficiary's notification to the Applicant of the results of
the Tendering process; or (ii)twenty-eight days after the end of the Tender Validity Period.

6. Consequently, any demand for payment under this guarantee must be received by us at the office indicated above
on or before that date.

[signature(s)]

64
FORM OF TENDER SECURITY (TENDER BOND)

[The Surety shall fill in this Tender Bond Form in accordance with the instructions indicated.]

BOND NO.

1. BY THIS BOND [name of tenderer] as Principal (hereinafter called “the Principal”), and [name, legal title, and
address of surety],authorized to transact business in [name of country of Procuring Entity], as Surety
(hereinafter called “the Surety”), are held and firmly bound unto [name of Procuring Entity] as Obligee
(hereinafter called “the Procuring Entity”) in the sum of [amount of Bond][amount in words], for the payment of
which sum, well and truly to be made, we, the said Principal and Surety, bind ourselves, our successors and
assigns, jointly and severally, firmly by these presents.

2. WHEREAS the Principal has submitted or will submit a written Tender to the Procuring Entity dated the day
of , 20 , for the supply of [name of Contract] (hereinafter called the “Tender”).

3. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal:
a) has withdrawn its Tender during the period of Tender validity set forth in the Principal's Letter of Tender
(“the Tender Validity Period”), or any extension thereto provided by the Principal; or
b) having been notified of the acceptance of its Tender by the Procuring Entity during the Tender Validity
Period or any extension thereto provided by the Principal; (i) failed to execute the Contract agreement; or
(ii) has failed to furnish the Performance Security, in accordance with the Instructions to tenderers (“ITT”)
of the Procuring Entity's Tenderding document.

Then the Surety undertakes to immediately pay to the Procuring Entity up to the above amount upon receipt of
the Procuring Entity's first written demand, without the Procuring Entity having to substantiate its demand,
provided that in its demand the Procuring Entity shall state that the demand arises from the occurrence of any of
the above events, specifying which event(s) has occurred.

4. The Surety hereby agrees that its obligation will remain in full force and effect up to and including the date 30
days after the date of expiration of the Tender Validity Period set forth in the Principal's Letter of Tender or any
extension thereto provided by the Principal.

5. IN TESTIMONY WHEREOF, the Principal and the Surety have caused these presents to be executed in their
respective names this day of 20 .

Principal: Surety _____________________________

Corporate Seal (where appropriate) :

____________________________________
(Signature) (Signature)

(Printed name and title) (Printed name and title)

61
TENDER-SECURING DECLARATION FORM

[The Bidder shall complete this Form in accordance with the instructions indicated]

Date:..................................[insert date (as day, month and year) of Tender Submission]

Tender No.:......................................[insert number of tendering process]
To:...................................... [insert complete name of Purchaser] I/We, the undersigned, declare that:

1. I/We understand that, according to your conditions, bids must be supported by a Tender-Securing Declaration.

2. I/We accept that I/we will automatically be suspended from being eligible for tendering in any contract with the
Purchaser for the period of time of [insert number of months or years] starting on [insert date], if we are in breach of
our obligation(s) under the bid conditions, because we – (a) have withdrawn our tender during the period of tender
validity specified by us in the Tendering Data Sheet; or (b) having been notified of the acceptance of our Bid by
the Purchaser during the period of bid validity, (i) fail or refuse to execute the Contract, if required, or (ii) fail or
refuse to furnish the Performance Security, in accordance with the instructions to tenders.

3. I/We understand that this Tender Securing Declaration shall expire if we are not the successful Tenderer(s), upon
the earlier of:
a) our receipt of a copy of your notification of the name of the successful Tenderer; or
b) thirty days after the expiration of our Tender.

4. I/We understand that if I am/we are/in a Joint Venture, the Tender Securing Declaration must be in the name of the
Joint Venture that submits the bid, and the Joint Venture has not been legally constituted at the time of bidding,
the Tender Securing Declaration shall be in the names of all future partners as named in the letter of intent.

Signed:……………………………………………………………………..…….....….. Capacity / title (director

or partner or sole proprietor, etc.) ……….………….........……. Name:

………………………………………………………………………………….. Duly authorized to sign the bid

for and on behalf of: [insert complete name of Tenderer]

Dated on …………………. day of …………….……. [Insert date of signing] Seal or stamp

64
PART II - WORK REQUIREMENTS
SECTION V - DRAWINGS

A list of drawings should be inserted here. The actual drawings including Site plans should be annexed in a separate
booklet.

SECTION VI - SPECIFICATIONS

Notes for preparing Specifications

1. Specifications 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 Procuring Entity
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 design and materials unless provided otherwise in the Contract. Where
the Contractor is responsible for the design of any part of the permanent Works, the extent of his obligations must
be stated.

2. Specifications from previous similar projects are useful and may not be necessary to re-write specifications for
every Works Contract.

3. There are considerable advantages in standardizing General Specifications for repetitive Works in recognized
public sectors, such as highways, urban housing, irrigation and water supply. The General Specifications should
cover all classes of workmanship, materials and equipment commonly involved in constructions, although not
necessarily to be used in a particular works contract. Deletions or addenda should then adapt the General
Specifications to the particular Works.

4. 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. The Procuring Entity 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.

6. The Procuring Entity should provide a description of the selected parts of the Works with appropriate reference to
Drawings, Specifications, Bills of Quantities, and Design or Performance criteria, stating that the alternative
solutions shall be at least structurally and functionally equivalent to the basic design parameters and
Specifications.

1. Such alternative solutions shall be accompanied by all information necessary for a complete evaluation by the
Procuring Entity, 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 Procuring Entity each on its own merits and independently of whether the tenderer has
priced the item as described in the Procuring Entity's design included with the tender documents.

63
SECTION VII- BILLS OF QUANTITIES

1. Objectives
The objectives of the Bill 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 contents of the Bill of Quantities should be as simple and brief as possible.

2. Day work Schedule

A Day work Schedule should be included only if the probability of unforeseen work, outside the items included in
the Bill of Quantities, is high. To facilitate checking by the Procuring Entity of the realism of rates quoted by the
Tenderers, the Day work Schedule should normally comprise the following:
a) A list of the various classes of labor, materials, and Constructional Plant for which basic day work rates or
prices are to be inserted by the Tenderer, together with a statement of the conditions under which the
Contractor shall be paid for work executed on a day work basis.
b) Nominal quantities for each item of day work, to be priced by each Tenderer at day work rates as Tender.
The rate to be entered by the Tenderer against each basic day work item should include the Contractor's
profit, overheads, supervision, and other charges.

3. Provisional Sums

A general provision for physical contingencies (quantity overruns) may be made by including a provisional sum in
the Summary Bill of Quantities. Similarly, a contingency allowance for possible price increases should be
provided as a provisional sum in the Summary priced 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. Where such provisional sums or contingency allowances are used, the Special Conditions of
Contract should state the manner in which they shall be used, and under whose authority (usually the Project
Manager's).

The estimated cost of specialized work to be carried out, or of special goods to be supplied, by other contractors
should be indicated in the relevant part of the Bill of Quantities as a particular provisional sum with an
appropriate brief description. A separate procurement procedure is normally carried out by the Procuring Entity to
select such specialized contractors. To provide an element of competition among the Tenderers in respect of any
facilities, amenities, attendance, etc., to be provided by the successful Tenderer as prime Contractor for the use
and convenience of the specialist contractors, each related provisional sum should be followed by an item in the
Bill of Quantities inviting the Tenderer to quote a sum for such amenities, facilities, attendance, etc.

These Notes for Preparing a Bill of Quantities are intended only as information for the Procuring Entity or the
person drafting the tendering document. They should not be included in the final tendering document.

4. The Bills of Quantities

The Bills of Quantities should be divided generally into the following sections:
a) Preambles
b) Preliminary items
c) Work Items
c) Daywork Schedule; and
d) Provisional items
e) Summary.

59
64
5. The Summary to the Bills of Quantities will take this form or some other form but including these items.

SUMMARY ITEMS Page Amount

Bill No. 1: Preliminary Items
Bill No. 2: Work Items
Bill No 3: Daywork Summary
Bill No 4: Provisional Sums
Subtotal of Bills No 1-4
Allow for any Discounts i
TOTAL TENDER PRICE Carried forward to Form of Tender
PROPOSED INSTALLATION OF FULLY EQUIPED CONTAINER CESS STATIONS AT SHANZU, MIRITINI AND
LIKONI

ITEM DESCRIPTION QTY UNIT RATE AMOUNT

ALL PROVISIONAL
A Provide, erect and maintain publicity signs as directed by the Engineer 1 NO

SUBSTRUCTURES
B Clear site of all grass and small trees grabbing roots and cart away from site 60 SM

C Excavate to remove top vegetable soil average 150mm deep and load wheel and cart away
60 SM
from site

D Excavate for foundation strip footing not exceeding 1.5m deep. 26 CM

E Extra over all kinds of excavation for excavating coral hard rock. 10 CM

F Allow for keeping excavations free from all water by pumping or otherwise. 1 ITEM

G Ditto; for plunking and strutting to sides of excavations. 1 ITEM

H Return fill and ram selected excavated material around foundations. 13 CM

J Load and cart away from site surplus excavated material and deposit in approved dumping
area. 13 CM

K Approved hardcore filling to make up levels, well watered and compacted in layers not
exceeding 150mm thick 15 CM

L 50 mm thick stone dust blinding to surfaces of hardcore 48 SM

Machine cut Coral block walling bedded and jointed in cement and sand mortar mix
1:4 reinforced with 25x2mm hoop iron every alternate course
M 200 mm thick 36 SM

Steel mesh fabric reinforcement to BS 4483

N Steel fabric mesh reinforcement type A142 weighing 2.22Kg/M2 and to BS 4483 and with
150 mm side laps (measured net - no allowance for laps) 48 SM

P 1000 gauge polythene sheeting laid under concrete floor bed. 48 SM

Q "Dragnet" or other equal and approved antitermite insectside treatment to blinded hardcore
surfaces applied in accordance with manufacturer's instructions. 48 SM

50 mm thick plain concrete (1:4:8 - class 15/20mm) blinding to:

R Strip 36 SM

Vibrated reinforced concrete class 20 in:

S Strip footing 5 CM

64
 T 150mm thick ground floor slab 48 SM
Sub - Total carried Forward to collection Page 1
ITEM DESCRIPTION QTY UNIT RATE AMOUNT
CONTAINER
Procure, deliver to site, Hoist, place ontop of concrete slab, a clean and dent free 2500mm
wide x 2700mm high by 12,200mm long, (40ft high cube) shipping container to position as
shown on site. Fabricate and install, gypsum plaster board walls with approved insulation
A as glass wool or equal equivalent, white acoustic ceiling roof with aluminum strips and 1 NO.
recessed 2feet by 2feet lighting and aluminum windows including porcelain tile floor on top
of the timber floor with 100mm skirting with appropriate adhesive (all m.s)

Roofing
The following in Steel columns
3000mm long 50x50x 3mm square pipes section members fixed concrete base(ms) at
B 3000mm c/c for roof support 20 LM

The following in Steel trusses:

C Hot rolled structural steel tubes 25x3mm CHS mild steel tube 60 LM
D 12mm diameter mild steel truss bracings 40 KG
E Angle plate 40x40x3mm jointed as purlins 100 LM
F 225 x 25mm wrot cypres fascia board 45 L.M
G 28 gauge aluminum sheets roof covering laid on purlins (m.s) fixed rafters at 12.5* pitch 64 SM
H 400mm girth ridge cap 30 LM

PARTITION WALLING
J The following in 100x50mm thick bronze anodized aluminium sections,2700mm high
internal partition comprising of top, bottom and vertical framing at 1250mm centres, one
Middle rail complete with 2 No. panels prepared for MDF or glazing infils, with riveted or
screwed connections, 6 mm thick glass to walls as per impala glass complete with beads 10 SM
and fixing screws including all necessary rubber weather, strips, cutting, drilling, screwing
and fixing to background requiring plugging and sealing joints with approved silicon sealant
all round.
K Patterned scratch proof micro-film lining. 3 SM

DOORS AND WINDOWS

Demolition: Cut through steel container to create openings, making and fixing MS
angles/ flats for Door/Window openings including cost of necessary tools and
welding rods, cutting and grinding the welded joints, fixing the correct line & levels,
necessary scaffolding, neat finishing etc,. Complete

L 2000x2100mm door 1 NO
M 1200x1200mm windows 2 NO
N 1200x2400mm windows 1 NO
P 600x600mm windows 1 NO

The following doors and windows, in standard sections bronze anodized extruded
aluminum sections, all complete with 5mm clear sheet glass and all necessary
ironmongery
Q Doors Single 900x2100mm high doors 2 NO
R Doors single Sliding 900x2100mm high doors 1 NO
S Windows Sliding window size 1200x1200mm windows 2 NO
T Windows Sliding window size 1200x2400mm windows 1 NO
U 600x600mm windows 1 NO
Sub - Total carried Forward to collection Page 2
ITEM DESCRIPTION QTY UNIT RATE AMOUNT
Finishes
Floor finishes
A 25 mm thick cement sand (1:4) screed finished to receive ceramic tiles 20 SM

B Prepare surface supply and fix 600x600 x 10mm 'Granito' floor tiles fixed to floor with 30 SM
approved adhesive

Accoustic Ceiling
C Supply and instal "Hunter Douglas" suspended aluminium ceilings comprising V carriers,
panels suspension hangers, flush jointing and trap doors. Matt finish, including a 150mm 30 SM
thick Polyurethane foam insulation.

Wall Cladding.
D 12mm thick premium quality laminated and machine pressed MDF medium density fiber 60 SM
boards, including a 75mm Polyurethane foam insulation appropriately fixed to wall

Painting and Decoration

E Prepare and apply one primer coat to all metal surfaces in red oxide metal primer- gloss 200 SM
internally and externally before cladding is applied.

F Prepare and apply three coats of approved gloss paint to metal surfaces externally 100 SM

G Allow for Signage and 4 no. County emblames on Container as instructed on site 1 Item

STEEL GRILL DOOR AND WINDOWS

Supply and fix 1000x2100mm MS grills fabricated from 25x25mm SHS
framing,stiles,top,bottom and intermediate rails and infilled with 18x18x3mm SHS
tube at 125mm centres including all necessary ironmongery and painting

H Doors Size 900x2100mm high doors 1 NO

J Windows size 1200x1200mm 2 NO
K 1200x2400mm 1 NO
L Windows size 600x600mm 1 NO

Office furniture
M Local cherry workstation 4 N0
N High back fabric chair as CH2300 SERIES as CH2300Z 4 NO
P 2 doors bookshelf 2 NO
Q 4 drawers with a security bar in steel 4 NO
R Visitor in fabric with arms 4 NO
Sub - Total carried from above

COLLECTION
1 Brought forward from page 1
2 Brought forward from page 2
3 Brought forward from above

Total Container works Works carried to Grand Summary page 3

ITEM DESCRIPTION QTY UNIT RATE AMOUNT

64
 MECHANICAL WORKS
PLUMBING AND DRAINAGE
Supply,instal, test and commission the following
A
Coloured vitreous china low level water closet suite comprising of 7.5 litres cistern and
fittings including siphon, 15mm diameter side inlet ball valve, 20mm diameter side overflow, 1 No
plastic flush bend, inlet connection, chrome plated lever and heavy plastic seat and cover
with chrome plated hinges. To be as TWYFORDS or equal and approved.
B Wash hand basin size 550mmx450mm with one tap hole and chain stay hole, concealed
wall brackets, chrome plated pillar tap as COBRA and chain waste, white plastic bottle trap 1 No
and 32mm P trap as TWYFORDS or equal approved
C Toilet roll holder size 165x165mm fixed to wall 1 No.
D 6 mm thick silver plated glass mirror size 600 mm x 450 mm with bevelled edges, 1 No.
screwed to wall with 4 no. chrome plated capped screws
E Provide and fix arabic tap 1 No
F Provide and fix 2000 litres Plastic water storage tank to Kentank specifications or 1 Item
equivalent including 3 meter high steel tank tower and all necessary fittings piping works
G Supply and install Bio-Digestor as Riflo Septica 1x1 x 1.2 meter height (1.2m cubic meter) 1 item
including all necessary itemms for its proper function.
H Provide for plumbing and drainage pipe work to connect to existing networks and for
connection of water from overhead tanks to, W.C and WHB including testing the whole 1 Item
system

SOLAR PUMP ASSEMBLY

J 315 Watts Photovoltaic cells (PV) Solar Panel size 1.6M X 1M as Dayliffs or equal and 12 NO
approved
K 15KW pure sine solar Inverter charger 120/240vac ETL and CSA certified as Dayliffs or 1 NO
equal and approve
L 80 Amps Solar Charge Controller 1 NO
M 200 AH AGM deep cycle batteries to provide backup time of up to 4 hours. 12 NO

BORE HOLE
N Allow for bore construction works to include, drilling, casing, Submersible Pump complete
with controller, drop cables, electrodes, isolator, a standard well cap and test pump for at
1 NO
least eight hours.

AIR CONDITIONING
Supply, install, test, and commission of High wall air conditioning system as specified
K 12000BTU high wall air conditioning system as LG or approved equivalent complete with
refrigerant piping, including amaflex insulation, drainage and electrical cable for all areas for 2 NO
each of the air conditioners HG PVC trunking

Total Mechanical works carried to summary Page 4

ITEM DESCRIPTION QTY UNIT RATE AMOUNT

ELECTRICAL WORKS
 A Lighting points comprising of 1.5mm2 pvc copper cables drawn in 20mm HG pvc conduit for
one way switching 9 NO

B 1x600 x 36 W flourescent fittings as philips or equal approved concealed under gypsum

ceiling((m.s) 5 NO

C 2x8wat flourescent bulkhead fitting as Thorn or equal and approved 4 NO

D 1 way 1 gang switch 3 NO

E 1 way 3 gang switch 1 NO

F Socket outlet power point comprising wiring in 3x2.5mm2 PVC/SC-Cu cables in concealed
in 20mm diameter HG PVC conduits/trunking/floor wire guards 6 NO

G 13A twin switched moulded socket outlet plate as Crabtree or approved equivalent. 6 NO

H Air conditioning points comprising 4.0mm2 PVC/Sc copper cables drawn in 20mm HG PVC
2 NO

J 20A DP switch 2 NO

K 15A socket outlet 2 NO

L 9way SPN consumer unit as crabtree 1 NO

M MCB’s as crabtree or approved equivalent.

(i) 5A 1 NO
(ii) 10A 1 NO
(iii)20A 2 NO
(iv)30A 3 NO
(v)Blanking plate 2 NO

N 60/100A SPN MCCB main isolater as Crabtree/MEM or equal amd approved 1 NO

P 2x16mm2 + 6.0mm2 (ecc) pvc/sc Cu cables as East African Cables or equal and approved
equivalent - Approx 15m - ref. site instructions 15 LM

Q 1X6.0mm2 pvc/sc Cu cables as East African Cables or equal and approved equivalent
earth wire insulated Green/yellow. 20 LM

R 5 Feet ( 1500mm) earth electrode 1 NO

S Final of 1x6.0mm earth to earth electrode 1 Item

Total Electrical Works carried to Grand Summary Page 5

ITEM DESCRIPTION QTY UNIT RATE AMOUNT

SUPPLY, DELIVERY,INSTALLATION,TESTING,DOCUMENTATION &

COMMISSIONING OF LOCAL AREA NETWORKS
HORIZONTAL CABLING
64
 A CAT 6 UTP Cable (siemons) 305M Roll
B Double Faceplate, Network Pattress Box and Keystones and labeling (siemon) 9 No.
C 12 port CAT 6 Data Module Patch Panel 4 pair UTP Termination (siemon) 3 No.
D 3 Meter Factory terminated CAT6 4 Pair UTP Rj 45 Data Patch Cords for data outlets
30 No.
(siemon)
E 1U Cable Managers/Organizers (siemon) 3 No.
F Dual Rj45 angled outlets for Voice/Data 18 LM

CABINETS
G 24U Cabinets Wall Mount 3 No.
H 1 KVA UPS 1U Rack Mounted 3 No.

ACTIVE NETWORK DEVICES

J 12 Ports PoE Network Switch 3 No
K WiFi 802.11/b/g/n access point with 2x2 MIMO with speeds of up to 300 Mbps. 6 No
L Internet WAN Router 3 No

ACCESS CONTROL
M Fingerprint Access Control with time management capabilities 1 No.
N Exit switch Access Control 1 No.
P Magnetic door locks 300kg force 1

CCTV works
Q Supply and Install a CCTV system set that will include, 2 No.3MP Indoor IP Camera, 2No.
Bullet Camera for LPR , 2No. Bullet Camera for Truck View, PTZ Camera for Field View,
Galvanized Steel Poles 14 Metres, Network Cabinet 15U, 8 Channel NVR with 2TB
Storage, 12 Ports PoE Network Switch, CAT6 UTP Cable 305M Roll,CAT6 UTP 3M Patch 1 Lot
Cords ,WiFi 802.11/b/g/n access point with 2x2 MIMO with speeds of up to 300 Mbps,
Internet WAN Router.

COMPUTERS
R HP 290 CORE I7 8GB RAM 1TB HDD 21.5" MONITOR FREE DOS 6 Lot
S HP OFFICEJET PRO 7740 A3 Color Printer (and consumables as required) 6 Lot

Total ICT works carried to summary Page 6

ITEM DESCRIPTION QTY UNIT RATE AMOUNT

SUMMARY
Total Container works Works page 3

Total Mechanical works Page 4

 Total Electrical Works carried to Grand Summary Page 5

Total ICT works carried to summary Page 7

Total Container Works for one Typical Cess station.

1 Shanzu Cess Station

2 Miritini Cess Station

3 Likoni Cess Station

Total Container Works carried Grand summary - Page 7

ITEM DESCRIPTION QTY UNIT RATE AMOUNT

PROVISIONAL SUMS

A Allow a sum of Kenya shillings Two hundred thousand only for contingencies 1,000,000.00

64B Allow a sum of Kenya shillings One Hundred Thousand only for project management 600,000.00
Total Provisional Sums carried to Grand Summary 1,600,000.00
 DESCRIPTION PAGE FOR CONTRACTOR'S FOR OFFICIAL USE
USE ONLY
GRAND SUMMARY

A TOTAL CONTAINER WORKS 7

B TOTAL PROVISIONAL SUMS PS

TOTAL TENDER AMOUNT

Amount in words [Kshs]……………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………….

Contractor’s name …………………………………………………………………………………………………………………

ADDRESS ………………………………………………………………………………………………………………

DATE ………………………………………………………………………………………………………………………………………

SIGNATURE………………………………………………………………………………………………………………………………

WITNESS NAME ………………………………………………………………………………………………………………………

ADDRESS …………………………………………………………………………………………………………………………

DATE ………………………………………………………………………………………………………………………

SIGNATURE …………………………………………………………………………………………………………………………

64
PART III - CONDITIONS OF CONTRACT
AND CONTRACT FORMS
SECTION VIII - GENERAL CONDITIONS OF CONTRACT

These General Conditions of Contract (GCC), read in conjunction with the Special Conditions of Contract (SCC) and
other documents listed therein, should be a complete document expressing fairly the rights and obligations of both
parties.

These General Conditions of Contract have been developed on the basis of considerable international experience in the
drafting and management of contracts, bearing in mind a trend in the construction industry towards simpler, more
straightforward language.

The GCC can be used for both smaller admeasurement contracts and lump sum contracts.

General Conditions of Contract

A. General

1. Definitions

Boldface type is used to identify defined terms.

a) The Accepted Contract Amount means the amount accepted in the Letter of Acceptance for the execution
and completion of the Works and the remedying of any defects.
b) The Activity Schedule is a schedule of the activities comprising the construction, installation, testing, and
commissioning of the Works in a lump sum contract. It includes a lump sum price for each activity, which is
used for valuations and for assessing the effects of Variations and Compensation Events.
c) The Adjudicator is the person appointed jointly by the Procuring Entity and the Contractor to resolve
disputes in the first instance, as provided for in GCC 23.
d) Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.
e) Compensation Events are those defined in GCC Clause 42 hereunder.
f) The Completion Date is the date of completion of the Works as certified by the Project Manager, in
accordance with GCC Sub-Clause 53.1.
g) The Contract is the Contract between the Procuring Entity and the Contractor to execute, complete, and
maintain the Works. It consists of the documents listed in GCC Sub-Clause 2.3 below.
h) The Contractor is the party whose Bid to carry out the Works has been accepted by the Procuring Entity.
i) The Contractor's Bid is the completed bidding document submitted by the Contractor to the Procuring
Entity.
j) The Contract Price is the Accepted Contract Amount stated in the Letter of Acceptance and thereafter as
adjusted in accordance with the Contract.
k) Days are calendar days; months are calendar months.
l) Day works are varied work inputs subject to payment on a time basis for the Contractor's employees and
Equipment, in addition to payments for associated Materials and Plant.
m) A Defect is any part of the Works not completed in accordance with the Contract.
n) The Defects Liability Certificate is the certificate issued by Project Manager upon correction of defects by
the Contractor.
o) The Defects Liability Period is the period named in the SCC pursuant to Sub-Clause 34.1 and calculated
from the Completion Date.
p) Drawings means the drawings of the Works, as included in the Contract, and any additional and modified
drawings issued by (or on behalf of) the Procuring Entity in accordance with the Contract, include
calculations and other information provided or approved by the Project Manager for the execution of the
Contract.
q) The Procuring Entity is the party who employs the Contractor to carry out the Works, as specified in the
SCC, who is also the Procuring Entity.
r) Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to construct the
Works.

61
 s) “In writing” or “written” means hand-written, type-written, printed or electronically made, and
resulting in a permanent record;
t) The Initial Contract Price is the Contract Price listed in the Procuring Entity's Letter of Acceptance.
u) The Intended Completion Date is the date on which it is intended that the Contractor shall complete the
Works. The Intended Completion Date is specified in the SCC. The Intended Completion Date may be
revised only by the Project Manager by issuing an extension of time or an acceleration order.
v) Materials are all supplies, including consumables, used by the Contractor for incorporation in the Works.
w) Plant is any integral part of the Works that shall have a mechanical, electrical, chemical, or biological
function.
x) The Project Manager is the person named in the SCC (or any other competent person appointed by the
Procuring Entity 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.
y) SCC means Special Conditions of Contract.
z) The Site is the area of the works as defined as such in the SCC.
aa) Site Investigation Reports are those that were included in the bidding document and are factual
and interpretative reports about the surface and subsurface conditions at the Site.
bb) Specification means the Specification of the Works included in the Contract and any modification
or addition made or approved by the Project Manager.
cc) The Start Date is given in the SCC. It is the latest date when the Contractor shall commence
execution of the Works. It does not necessarily coincide with any of the Site Possession Dates.
dd) 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.
ee) Temporary Works are works designed, constructed, installed, and removed by the Contractor that are
needed for construction or installation of the Works.
ff) A Variation is an instruction given by the Project Manager which varies the Works.
gg) The Works are what the Contract requires the Contractor to construct, install, and turn over to the
Procuring Entity, as defined in the SCC.

2. Interpretation

In interpreting these GCC, words indicating one gender include all genders. Words indicating the singular also
include the plural and words indicating the plural also include the singular. Headings have no significance.
Words have their normal meaning under the language of the Contract unless specifically defined. The Project
Manager shall provide instructions clarifying queries about these GCC.

If sectional completion is specified in the SCC, references in the GCC to the Works, the Completion Date, and the
Intended Completion Date apply to any Section of the Works (other than references to the Completion Date and
Intended Completion Date for the whole of the Works).

The documents forming the Contract shall be interpreted in the following order of priority:
a) Agreement,
b) Letter of Acceptance,
c) Contractor's Bid,
d) Special Conditions of Contract,
e) General Conditions of Contract, including Appendices,
f) Specifications,
g) Drawings,
h) Bill of Quantities6, and
i) any other document listed in the SCC as forming part of the Contract.

6
In lump sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule.”

62
3. Language and Law

The language of the Contract is English Language and the law governing the Contract are the Laws of Kenya.

Throughout the execution of the Contract, the Contractor shall comply with the import of goods and services
prohibitions in the Procuring Entity's Country when
a) as a matter of law or official regulations, Kenya prohibits commercial relations with that country; or
b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of
the Charter of the United Nations, Kenya prohibits any import of goods from that country or any payments
to any country, person, or entity in that country.

4. Project Manager's Decisions

Except where otherwise specifically stated, the Project Manager shall decide contractual matters between the
Procuring Entity and the Contractor in the role representing the Procuring Entity.

5. Delegation

Otherwise specified in the SCC, the Project Manager may delegate any of his duties and responsibilities to other
people, except to the Adjudicator, after notifying the Contractor, and may revoke any delegation after notifying
the Contractor.

6. Communications

Communications between parties that are referred to in the Conditions shall be effective only when in writing. A
notice shall be effective only when it is delivered.

7. Subcontracting

The Contractor may subcontract with the approval of the Project Manager, but may not assign the Contract without
the approval of the Procuring Entity in writing. Subcontracting shall not alter the Contractor's obligations.

8. Other Contractors

The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities, and the
Procuring Entity between the dates given in the Schedule of Other Contractors, as referred to in the SCC. The
Contractor shall also provide facilities and services for them as described in the Schedule. The Procuring Entity
may modify the Schedule of Other Contractors, and shall notify the Contractor of any such modification.

9. Personnel and Equipment

The Contractor shall employ the key personnel and use the equipment identified in its Bid, to carry out the Works or
other personnel and equipment approved by the Project Manager. The Project Manager shall approve any
proposed replacement of key personnel and equipment only if their relevant qualifications or characteristics are
substantially equal to or better than those proposed in the Bid.

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.

If the Procuring Entity, Project Manager or Contractor determines, that any employee of the Contractor be
determined to have engaged in Fraud and Corruption during the execution of the Works, then that employee shall
be removed in accordance with Clause 9.2 above.

10. Procuring Entity's and Contractor's Risks

The Procuring Entity carries the risks which this Contract states are Procuring Entity's risks, and the Contractor
carries the risks which this Contract states are Contractor's risks.

63
11. Procuring Entity's Risks

From the Start Date until the Defects Liability Certificate has been issued, the following are Procuring Entity'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 Procuring Entity 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
Procuring Entity or in the Procuring Entity's design, or due to war or radioactive contamination directly
affecting the country where the Works are to be executed.

From the Completion Date until the Defects Liability Certificate has been issued, the risk of loss of or damage to the
Works, Plant, and Materials is a Procuring Entity's risk except loss or damage due to
a) a Defect which existed on the Completion Date,
b) an event occurring before the Completion Date, which was not itself a Procuring Entity's risk, or
c) the activities of the Contractor on the Site after the Completion Date.

12. Contractor's Risks

From the Starting Date until the Defects Liability 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 Procuring Entity's risks are Contractor's risks.

13. Insurance

The Contractor shall provide, in the joint names of the Procuring Entity and the Contractor, insurance cover from the
Start Date to the end of the Defects Liability Period, in the amounts and deductibles stated in the SCC for the
following events which are due to the Contractor's risks:
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.

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 to be payable in the
types and proportions of currencies required to rectify the loss or damage incurred.

If the Contractor does not provide any of the policies and certificates required, the Procuring Entity may effect the
insurance which the Contractor should have provided and recover the premiums the Procuring Entity has paid
from payments otherwise due to the Contractor or, if no payment is due, the payment of the premiums shall be a
debt due.

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 the insurance policies.

14. Site Data

The Contractor shall be deemed to have examined any Site Data referred to in the SCC, supplemented by any
information available to the Contractor.

15. Contractor to Construct the Works

The Contractor shall construct and install the Works in accordance with the Specifications and Drawings.

64
16. The Works to Be Completed by the Intended Completion Date

The Contractor may commence execution of the Works on the Start Date and shall carry out the Works 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.

17. Approval by the Project Manager

The Contractor shall submit Specifications and Drawings showing the proposed Temporary Works to the Project
Manager, for his approval.

The Contractor shall be responsible for design of Temporary Works.

The Project Manager's approval shall not alter the Contractor's responsibility for design of the Temporary Works.

The Contractor shall obtain approval of third parties to the design of the Temporary Works, where required.

All Drawings prepared by the Contractor for the execution of the temporary or permanent Works, are subject to
prior approval by the Project Manager before this use.

18. Safety

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

19. Discoveries

Anything of historical or other interest or of significant value unexpectedly discovered on the Site shall be the
property of the Procuring Entity. The Contractor shall notify the Project Manager of such discoveries and carry
out the Project Manager's instructions for dealing with them.

20. Possession of the Site

The Procuring Entity 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 SCC, the Procuring Entity shall be deemed to have delayed the start of the relevant
activities, and this shall be a Compensation Event.

21. Access to the Site

The Contractor shall allow the Project Manager and any person authorized 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.

22. Instructions, Inspections and Audits

The Contractor shall carry out all instructions of the Project Manager which comply with the applicable laws
where the Site is located.

The Contractor shall keep, and shall make all reasonable efforts to cause its Subcontractors and sub-consultants to
keep, accurate and systematic accounts and records in respect of the Works in such form and details as will
clearly identify relevant time changes and costs.

The Contractor shall permit and shall cause its subcontractors and sub-consultants to permit, the Procuring Entity
and/or persons appointed by the Public Procurement Regulatory Authority to inspect the Site and/or the accounts
and records relating to the procurement process, selection and/or contract execution, and to have such accounts
and records audited by auditors appointed by the Public Procurement Regulatory Authority. The Contractor's and
its Subcontractors' and sub-consultants' attention is drawn to Sub-Clause 25.1 (Fraud and Corruption) which
provides, inter alia, that acts intended to materially impede the exercise of the Public Procurement Regulatory
Authority's inspection and audit rights constitute a prohibited practice subject to contract termination (as well as to
a determination of ineligibility pursuant to the Public Procurement Regulatory Authority's prevailing sanctions
procedures).

65
23. Appointment of the Adjudicator

The Adjudicator shall be appointed jointly by the Procuring Entity and the Contractor, at the time of the Procuring
Entity's issuance of the Letter of Acceptance. If, in the Letter of Acceptance, the Procuring Entity does not agree on
the appointment of the Adjudicator, the Procuring Entity will request the Appointing Authority designated in
the SCC, to appoint the Adjudicator within 14 days of receipt of such request.

Should the Adjudicator resign or die, or should the Procuring Entity and the Contractor agree that the Adjudicator is not
functioning in accordance with the provisions of the Contract, a new Adjudicator shall be jointly appointed by the
Procuring Entity and the Contractor. In case of disagreement between the Procuring Entity and the Contractor,
within 30 days, the Adjudicator shall be designated by the Appointing Authority designated in the SCC at the
request of either party, within 14 days of receipt of such request.
24. Settlement of Claims and Disputes

Contractor's Claims

If the Contractor considers itself to be entitled to any extension of the Time for Completion and/or any
additional payment, under any Clause of these Conditions or otherwise in connection with the Contract,
the Contractor shall give Notice to the Project Manager, describing the event or circumstance giving
rise to the claim. The notice shall be given as soon as practicable, and not later than 30 days after the
Contractor became aware, or should have become aware, of the event or circumstance.

If the Contractor fails to give notice of a claim within such period of 30 days, the Time for Completion shall not be
extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity shall be
discharged from all liability in connection with the claim. Otherwise, the following provisions of this
Sub- Clause shall apply.

The Contractor shall also submit any other notices which are required by the Contract, and supporting
particulars for the claim, all as relevant to such event or circumstance.

The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on
the Site or at another location acceptable to the Project Manager. Without admitting the Procuring
Entity's liability, the Project Manager may, after receiving any notice under this Sub-Clause, monitor
the record- keeping and/or instruct the Contractor to keep further contemporary records. The Contractor
shall permit the Project Manager to inspect all these records, and shall (if instructed) submit copies to the
Project Manager.

Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance
giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by
the Project Manager, the Contractor shall send to the Project Manager a fully detailed claim which
includes full supporting particulars of the basis of the claim and of the extension of time and/or additional
payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
a) this fully detailed claim shall be considered as interim;
b) the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay
and/or amount claimed, and such further particulars as the Project Manager may reasonably require; and
c) the Contractor shall send a final claim within 30 days after the end of the effects resulting from the event or
circumstance, or within such other period as may be proposed by the Contractor and approved by the
Project Manager.

Within 42 days after receiving a Notice of a claim or any further particulars supporting a previous claim, or
within such other period as may be proposed by the Project Manager and approved by the Contractor,
the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also
request any necessary further particulars, but shall nevertheless give his response on the principles of the
claim within the above defined time period.

Within the above defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause
3.5 [Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after
its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional
payment (if any) to which the Contractor is entitled under the Contract.

66
 Each Payment Certificate shall include such additional payment for any claim as has been reasonably substantiated
as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to
substantiate the whole of the claim, the Contractor shall only be entitled to payment for such part of the claim as
he has been able to substantiate.

If the Project Manager does not respond within the timeframe defined in this Clause, either Party may consider that the
claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance with Sub-
Clause 24.4 [Arbitration].

The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim.
If the Contractor fails to comply with this or another Sub-Clause in relation to any claim, any extension of time
and/or additional payment shall take account of the extent (if any) to which the failure has prevented or
prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this
Sub-Clause 24.3.

Amicable Settlement

Where a notice of a claim has been given, both Parties shall attempt to settle the dispute amicably before the
commencement of arbitration. However, unless both Parties agree otherwise, the Party giving a notice of a
claim in accordance with Sub-Clause 24.1 above should move to commence arbitration after the fifty-sixth
day from the day on which a notice of a claim was given, even if no attempt at an amicable settlement has been
made.

Matters that may be referred to arbitration

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:
a) The appointment of a replacement Project Manager upon the said person ceasing to act.
b) Whether or not the issue of an instruction by the Project Manager is empowered by these Conditions.
c) Whether or not a certificate has been improperly withheld or is not in accordance with these Conditions.
e) Any dispute arising in respect of war risks or war damage.
f) 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 Procuring Entity and the
Contractor agree otherwise in writing.

Arbitration

Any claim or dispute between the Parties arising out of or in connection with the Contract not settled amicably in
accordance with Sub-Clause 24.3 shall be finally settled by arbitration.

No arbitration proceedings shall be commenced on any claim or dispute where notice of a claim or dispute has not been
given by the applying party within ninety days of the occurrence or discovery of the matter or issue giving rise
to the dispute.

Notwithstanding the issue of a notice as stated above, the arbitration of such a claim or dispute shall not commence
unless an attempt has in the first instance been made by the parties to settle such claim or dispute amicably with
or without the assistance of third parties. Proof of such attempt shall be required.

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.

The Arbitrator shall, without prejudice to the generality of his powers, have powers to open up, review and revise
any certificate, opinion, decision, requirement or notice and to determine all matters in dispute which shall be
submitted to him in the same manner as if no such certificate, opinion, decision requirement or notice had been
given.

The arbitrators shall have full power to open up, review and revise any certificate, determination, instruction, opinion
or valuation of the Project Manager, relevant to the dispute. Nothing shall disqualify representatives

67
 of the Parties and the Project Manager from being called as a witness and giving evidence before the
arbitrators on any matter whatsoever relevant to the dispute.

Neither Party shall be limited in the proceedings before the arbitrators to the evidence, or to the reasons for
dissatisfaction given in its Notice of Dissatisfaction.

Arbitration may be commenced prior to or after completion of the Works. The obligations of the Parties, and the
Project Manager shall not be altered by reason of any arbitration being conducted during the progress of the
Works.

24.4.8 The terms of the remuneration of each or all the members of Arbitration shall be mutually agreed upon by the
Parties when agreeing the terms of appointment. Each Party shall be responsible for paying one-half of this
remuneration.

Arbitration with National Contractors

If the Contract is with national contractors, arbitration proceedings will be conducted in accordance with the
Arbitration Laws of Kenya. In case of any claim or dispute, such claim or 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 shall be referred to the arbitration and final
decision of a person to be agreed between the parties. Failing agreement to concur in the appointment of an
Arbitrator, the Arbitrator shall be appointed, on the request of the applying party, by the Chairman or Vice
Chairman of any of the following professional institutions;
i) Architectural Association of Kenya
ii) Institute of Quantity Surveyors of Kenya
iii) Association of Consulting Engineers of Kenya
iv) Chartered Institute of Arbitrators (Kenya Branch)
v) Institution of Engineers of Kenya

The institution written to first by the aggrieved party shall take precedence over all other institutions.

Alternative Arbitration Proceedings

Alternatively, the Parties may refer the matter to the Nairobi Centre for International Arbitration (NCIA)
which offers a neutral venue for the conduct of national and international arbitration with commitment to
providing institutional support to the arbitral process.

Failure to Comply with Arbitrator's Decision

The award of such Arbitrator shall be final and binding upon the parties.

In the event that a Party fails to comply with a final and binding Arbitrator's decision, then the other Party may,
without prejudice to any other rights it may have, refer the matter to a competent court of law.

Contract operations to continue

Notwithstanding any reference to arbitration herein,

a) the parties shall continue to perform their respective obligations under the Contract unless they otherwise
agree; and
b) the Procuring Entity shall pay the Contractor any monies due the Contractor.

25. Fraud and Corruption

The Government requires compliance with the country's Anti-Corruption laws and its prevailing sanctions
policies and procedures as set forth in the Constitution of Kenya and its Statutes.

The Procuring Entity requires the Contractor to disclose any commissions or fees that may have been paid or
are to be paid to agents or any other party with respect to the bidding process or execution of the Contract.
The information disclosed must include at least the name and address of the agent or other party, the
amount and currency, and the purpose of the commission, gratuity or fee.

68
B. Time Control

1. Program

Within the time stated in the SCC, after the date of the Letter of Acceptance, 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. In the case of a lump sum contract, the activities in the Program
shall be consistent with those in the Activity Schedule.

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 SCC. If the Contractor does not submit an updated Program within this period, the Project
Manager may withhold the amount stated in the SCC 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. In the case of
a lump sum contract, the Contractor shall provide an updated Activity Schedule within 14 days of being
instructed to by the Project Manager.

The Project Manager's approval of the Program shall not alter the Contractor's obligations. The Contractor
may revise the Program and submit it to the Project Manager again at any time. A revised Program shall
show the effect of Variations and Compensation Events.

2. Extension of the Intended Completion Date

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 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 by this failure shall not be
considered in assessing the new Intended Completion Date.

3. Acceleration

When the Procuring Entity wants the Contractor to finish before the Intended Completion Date, the Project
Manager shall obtain priced proposals for achieving the necessary acceleration from the Contractor. If
the Procuring Entity accepts these proposals, the Intended Completion Date shall be adjusted
accordingly and confirmed by both the Procuring Entity and the Contractor.

If the Contractor's priced proposals for an acceleration are accepted by the Procuring Entity, they are
incorporated in the Contract Price and treated as a Variation.

4. Delays Ordered by the Project Manager

The Project Manager may instruct the Contractor to delay the start or progress of any activity within the
Works.

5. Management Meetings

Either the Project Manager or the Contractor may require the other to attend a management meeting. The
business of a management meeting shall be to review the plans for remaining work and to deal with
matters raised in accordance with the early warning procedure.

69
 The Project Manager shall record the business of management meetings and provide copies of the record
to those attending the meeting and to the Procuring Entity. 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.

6. Early Warning

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.

The Contractor shall cooperate with the Project Manager in making and considering proposals
for 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 instruction of the Project Manager.

C. Quality Control

1. Identifying Defects

The Project Manager shall check the Contractor's work and notify the Contractor of any Defects
that are found. Such checking 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.

2. Tests

If the Project Manager instructs the Contractor to carry out a test not specified in the
Specification to check whether any work has a Defect and the test shows that it does, the
Contractor shall pay for the test and any samples. If there is no Defect, the test shall be a
Compensation Event.

3. Correction of Defects

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 SCC. The Defects
Liability Period shall be extended for as long as Defects remain to be corrected.

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.

4. Uncorrected Defects

If the Contractor has not corrected a Defect within the time specified in the Project Manager's
notice, the Project Manager shall assess the cost of having the Defect corrected, and the
Contractor shall pay this amount.

D. Cost Control

1. Contract Price7

The Bill of Quantities shall contain priced items for the Works to be performed by the Contractor. The Bill
of Quantities is used to calculate the Contract Price. The Contractor will be paid for the quantity of the
work accomplished at the rate in the Bill of Quantities for each item.

70
2. Changes in the Contract Price8

If the final quantity of the work done differs from the quantity in the Bill of Quantities for the particular item
by more than 25 percent, provided the change exceeds 1 percent of the Initial Contract Price, the Project
Manager shall adjust the rate to allow for the change. The Project Manager shall not adjust rates from
changes in quantities if thereby the Initial Contract Price is exceeded by more than 15 percent, except
with the prior approval of the Procuring Entity.
If requested by the Project Manager, the Contractor shall provide the Project Manager with a detailed cost
breakdown of any rate in the Bill of Quantities.

3. Variations

All Variations shall be included in updated Programs9 produced by the Contractor.

The Contractor shall provide the Project Manager with a quotation for carrying out the Variation when
requested to do so by the Project Manager. The Project Manager shall assess the quotation, which shall
be given within seven (7) days of the request or within any longer period stated by the Project Manager
and before the Variation is ordered.

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.

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.

The Contractor shall not be entitled to additional payment for costs that could have been avoided by giving early
warning.

If the work in the Variation corresponds to an item description in the Bill of Quantities and if, in the opinion of the Project
Manager, the quantity of work above the limit stated in Sub-Clause 39.1 or the timing of its execution do not cause
the cost per unit of quantity to change, the rate in the Bill 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 Bill of Quantities, the quotation by the Contractor shall be in the form of new rates for
the relevant items of work10.

Value Engineering: The Contractor may prepare, at its own cost, a value engineering proposal at any time during the
performance of the contract. The value engineering proposal shall, at a minimum, include the following;
a) the proposed change(s), and a description of the difference to the existing contract requirements;
b) a full cost/benefit analysis of the proposed change(s) including a description and estimate of costs (including
life cycle costs) the Procuring Entity may incur in implementing the value engineering proposal; and
c) a description of any effect(s) of the change on performance/functionality.

The Procuring Entity may accept the value engineering proposal if the proposal demonstrates benefits that:
a) accelerate the contract completion period; or
b) reduce the Contract Price or the life cycle costs to the Procuring Entity; or
c) improve the quality, efficiency, safety or sustainability of the Facilities; or
d) yield any other benefits to the Procuring Entity, without compromising the functionality of the Works.

7
In lump sum contracts, replace GCC Sub-Clauses 36.1 as follows:
36.1 The Contractor shall provide updated Activity Schedules within 14 days of being instructed to by the Project Manager. The Activity Schedule shall contain the
priced activities for the Works to be performed by the Contractor. The Activity Schedule is used to monitor and control the performance of activities on which basis the
Contractor will be paid. If payment for materials on site shall be made separately, the Contractor shall show delivery of Materials to the Site separately on the Activity
Schedule.
8
In lump sum contracts, replace entire GCC Clause 37 with new GCC Sub-Clause 37.1, as follows:
The Activity Schedule shall be amended by the Contractor to accommodate changes of Program or method of working made at the
Contractor's own discretion. Prices in the Activity Schedule shall not be altered when the Contractor makes such changes to the Activity
Schedule.
9
In lump sum contracts, add “and Activity Schedules” after “Programs.” 10In lump sum contracts, delete this paragraph.

71
 If the value engineering proposal is approved by the Procuring Entity and results in:
a) a reduction of the Contract Price; the amount to be paid to the Contractor shall be the percentage specified
in the SCC of the reduction in the Contract Price; or
b) an increase in the Contract Price; but results in a reduction in life cycle costs due to any benefit described in
(a) to (d) above, the amount to be paid to the Contractor shall be the full increase in the Contract Price.

4. Cash Flow Forecasts

When the Program11, is updated, the Contractor shall provide the Project Manager with an updated cash flow
forecast. The cash flow forecast shall include different currencies, as defined in the Contract, converted as
necessary using the Contract exchange rates.

5. Payment Certificates

The Contractor shall submit to the Project Manager monthly statements of the estimated value of the work executed
less the cumulative amount certified previously.

The Project Manager shall check the Contractor's monthly statement and certify the amount to be paid to the
Contractor.

The value of work executed shall be determined by the Project Manager.

The value of work executed shall comprise the value of the quantities of work in the Bill of Quantities that have been
12
completed .

The value of work executed shall include the valuation of Variations and Compensation Events.

The Project Manager may exclude any item certified in a previous certificate or reduce the proportion of any item
previously certified in any certificate in the light of later information.

Where the contract price is different from the corrected tender price, in order to ensure the contractor is not paid less
or more relative to the contract price (which would be the tender price), payment valuation certificates and
variation orders on omissions and additions valued based on rates in the Bill of Quantities or schedule of rates in
the Tender, will be adjusted by a plus or minus percentage. The percentage already worked out during tender
evaluation is worked out as follows: (corrected tender price – tender price)/tender price X 100.

6. Payments

Payments shall be adjusted for deductions for advance payments and retention. The Procuring Entity shall pay the
Contractor the amounts certified by the Project Manager within 30 days of the date of each certificate. If the
Procuring Entity makes a late payment, the Contractor shall be paid interest on the late payment in the next
payment. Interest shall be calculated from the date by which the payment should have been made up to the date
when the late payment is made at the prevailing rate of interest for commercial borrowing for each of the
currencies in which payments are made.

If an amount certified is increased in a later certificate or as a result of an award by the Adjudicator or an Arbitrator,
the Contractor shall be paid interest upon the delayed payment as set out in this clause. Interest shall be calculated
from the date upon which the increased amount would have been certified in the absence of dispute.

Unless otherwise stated, all payments and deductions shall be paid or charged in the proportions of currencies
comprising the Contract Price.

Items of the Works for which no rate or price has been entered in shall not be paid for by the Procuring Entity and shall
be deemed covered by other rates and prices in the Contract.

In lump sum contracts, add “or Activity Schedule” after “Program.”

11

In lump sum contracts, replace this paragraph with the following: “The value of work executed shall comprise the value of completed activities in the Activity
12

Schedule.”

72
7. Compensation Events

The following shall be Compensation Events:

a) The Procuring Entity does not give access to a part of the Site by the Site Possession Date pursuant to GCC
Sub-Clause 20.1.
b) The Procuring Entity modifies the Schedule of Other Contractors 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, or instructions required
for execution of the Works on time.
d) The Project Manager instructs the Contractor to uncover or to carry out additional tests upon 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 the information issued to bidders (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
Procuring Entity, or additional work required for safety or other reasons.
h) Other contractors, public authorities, utilities, or the Procuring Entity does not work within the dates and
other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
i) The advance payment is delayed.
j) The effects on the Contractor of any of the Procuring Entity's Risks.
k) The Project Manager unreasonably delays issuing a Certificate of Completion.

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.

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 shall assume that the
Contractor shall react competently and promptly to the event.

The Contractor shall not be entitled to compensation to the extent that the Procuring Entity's interests are adversely
affected by the Contractor's not having given early warning or not having cooperated with the Project Manager.

8. Tax

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 bids for the Contract and the date of the last Completion certificate. The
adjustment shall be the change in the amount of tax payable by the Contractor, provided such changes are not
already reflected in the Contract Price or are a result of GCC Clause 44.

9. Currency y of Payment

All payments under the contract shall be made in Kenya Shillings

10. Price Adjustment

Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in the SCC. If so provided, the
amounts certified in each payment certificate, before deducting for Advance Payment, shall be adjusted by

73
 applying the respective price adjustment factor to the payment amounts due in each currency. A separate formula
of the type specified below applies:
P = A + B Im/Io
where: P is the adjustment factor for the portion of
the Contract Price payable.
A and B are coefficients specified in the SCC, representing the non-adjustable and adjustable portions,
13

respectively, of the Contract Price payable and Im is the index prevailing at the end of the month being invoiced
and IOC is the index prevailing 30 days before Bid opening for inputs payable.

If the value of the index is changed after it has been used in a calculation, the calculation shall be corrected and an
adjustment made in the next payment certificate. The index value shall be deemed to take account of all changes in
cost due to fluctuations in costs.

11. Retention

The Procuring Entity shall retain from each payment due to the Contractor the proportion stated in the SCC until
Completion of the whole of the Works.

Upon the issue of a Certificate of Completion of the Works by the Project Manager, in accordance with GCC 53.1, half
the total amount retained shall be repaid to the Contractor and half when the Defects Liability Period has passed
and the Project Manager has certified that all Defects notified by the Project Manager to the Contractor before
the end of this period have been corrected. The Contractor may substitute retention money with an “on demand”
Bank guarantee.

12. Liquidated Damages

The Contractor shall pay liquidated damages to the Procuring Entity at the rate per day stated in the SCC for each
day that the Completion Date is later than the Intended Completion Date. The total amount of liquidated damages
shall not exceed the amount defined in the SCC. The Procuring Entity may deduct liquidated damages from
payments due to the Contractor. Payment of liquidated damages shall not affect the Contractor's liabilities.

If the Intended Completion Date is extended after liquidated damages have been paid, the Project Manager shall
correct any overpayment of liquidated damages by the Contractor by adjusting the next payment certificate. The
Contractor shall be paid interest on the overpayment, calculated from the date of payment to the date of
repayment, at the rates specified in GCC Sub-Clause 41.1.

13. Bonus

The Contractor shall be paid a Bonus calculated at the rate per calendar day stated in the SCC for each day (less any
days for which the Contractor is paid for acceleration) that the Completion is earlier than the Intended
Completion Date. The Project Manager shall certify that the Works are complete, although they may not be due to
be complete.

14. Advance Payment

The Procuring Entity shall make advance payment to the Contractor of the amounts stated in the SCC by the date
stated in the SCC, against provision by the Contractor of an Unconditional Bank Guarantee in a form and by a
bank acceptable to the Procuring Entity in amounts and currencies equal to the advance payment. The Guarantee
shall remain effective until the advance payment has been repaid, but the amount of the Guarantee shall be
progressively reduced by the amounts repaid by the Contractor. Interest shall not be charged on the advance
payment.

The Contractor is to use the advance payment only to pay for Equipment, Plant, Materials, and mobilization
expenses required specifically for execution of the Contract. The Contractor shall demonstrate that advance
payment has been used in this way by supplying copies of invoices or other documents to the Project Manager.

The sum of the two coefficients Ac and Bc should be 1 (one) in the formula for each currency. Normally, both coefficients shall be the same in the formulae for all
13

currencies, since coefficient A, for the non-adjustable portion of the payments, is a very approximate figure (usually 0.15) to take account of fixed cost elements or
other non-adjustable components. The sum of the adjustments for each currency are added to the Contract Price.

74
 The advance payment shall be repaid by deducting proportionate amounts from payments otherwise due
to the Contractor, following the schedule of completed percentages of the Works on a payment basis. No
account shall be taken of the advance payment or its repayment in assessing valuations of work done,
Variations, price adjustments, Compensation Events, Bonuses, or Liquidated Damages.

15. Securities

The Performance Security shall be provided to the Procuring Entity no later than the date specified in the
Letter of Acceptance and shall be issued in an amount specified in the SCC, by a bank or surety acceptable to
the Procuring Entity, and denominated in the types and proportions of the currencies in which the Contract
Price is payable. The Performance Security shall be valid until a date 28 day from the date of issue of the
Certificate of Completion in the case of a Bank Guarantee, and until one year from the date of issue of the
Completion Certificate in the case of a Performance Bond.

16. Dayworks

If applicable, the Dayworks rates in the Contractor's Bid shall be used only when the Project Manager has
given written instructions in advance for additional work to be paid for in that way.

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.

The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks forms.

17. Cost of Repairs

Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and the
end of the Defects Correction periods shall be remedied by the Contractor at the Contractor's cost if the
loss or damage arises from the Contractor's acts or omissions.

E. Finishing the Contract

1. Completion

The Contractor shall request the Project Manager to issue a Certificate of Completion of the Works, and
the Project Manager shall do so upon deciding that the whole of the Works is completed.

2. Taking Over

The Procuring Entity shall take over the Site and the Works within seven days of the Project Manager's
issuing a certificate of Completion.

3. Final Account

The Contractor shall supply the Project Manager with a detailed account of the total amount that the
Contractor considers payable under the Contract before the end of the Defects Liability Period. The
Project Manager shall issue a Defects Liability Certificate and certify any final payment that is due to the
Contractor within 56 days of receiving the Contractor's account if it is correct and complete. If it is not, the
Project Manager shall issue within 56 days a schedule that states the scope of the corrections or additions
that are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the Project
Manager shall decide on the amount payable to the Contractor and issue a payment certificate.

4. Operating and Maintenance Manuals

If “as built” Drawings and/or operating and maintenance manuals are required, the Contractor shall
supply them by the dates stated in the SCC.

If the Contractor does not supply the Drawings and/or manuals by the dates stated in the SCC pursuant to
GCC Sub-Clause 56.1, or they do not receive the Project Manager's approval, the Project Manager shall
withhold the amount stated in the SCC from payments due to the Contractor.

75
5. Termination

The Procuring Entity or the Contractor may terminate the Contract if the other party causes a fundamental breach of
the Contract.

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 authorized 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 Procuring Entity or the Contractor is made 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 Procuring Entity to the Contractor within 84
days of the date of the Project Manager's certificate;
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;
f) the Contractor does not maintain a Security, which is required;
g) the Contractor has delayed the completion of the Works by the number of days for which the maximum
amount of liquidated damages can be paid, as defined in the SCC; or
h) if the Contractor, in the judgment of the Procuring Entity has engaged in Fraud and Corruption, as defined in
paragraph 2.2 a of the Appendix A to the GCC, in competing for or in executing the Contract, then the
Procuring Entity may, after giving fourteen (14) days written notice to the Contractor, terminate the
Contract and expel him from the Site.

Notwithstanding the above, the Procuring Entity may terminate the Contract for convenience.

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.

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 GCC Sub-Clause 56.2 above, the Project Manager shall decide whether the breach is
fundamental or not.

6. Payment upon Termination

If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Project Manager shall
issue a certificate for the value of the work done and Materials ordered less advance payments received up to the date
of the issue of the certificate and less the percentage to apply to the value of the work not completed, as specified
in the SCC. Additional Liquidated Damages shall not apply. If the total amount due to the Procuring Entity
exceeds any payment due to the Contractor, the difference shall be a debt payable to the Procuring Entity.

If the Contract is terminated for the Procuring Entity's convenience or because of a fundamental breach of Contract
by the Procuring Entity, the Project Manager shall issue a certificate for the value of the work done, Materials
ordered, the reasonable cost of removal of Equipment, repatriation of the Contractor's personnel employed solely
on the Works, and the Contractor's costs of protecting and securing the Works, and less advance payments received
up to the date of the certificate.

7. Property

All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be deemed to be the property of the
Procuring Entity if the Contract is terminated because of the Contractor's default.

8. Release from Performance

If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the
Procuring Entity or the Contractor, the Project Manager shall certify that the Contract has been frustrated. The
Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and shall
be paid for all work carried out before receiving it and for any work carried out afterwards to which a
commitment was made.

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SECTION IX - SPECIAL CONDITIONS OF CONTRACT

Except where otherwise specified, all Special Conditions of Contract should be filled in by the Procuring Entity prior to
issuance of the bidding document. Schedules and reports to be provided by the Procuring Entity should be annexed.

The County Government of Mombasa

9 Months from the Period of contract signing and order to commence.

Kongewea Ward, Nyali Constituency.

79
 GCC Site Data are: [list Site Data}
14.1
GCC The Site Possession Date(s) shall be: [insert location(s) and date(s)J
20.1
GCC Appointing Authority for the Adjudicator: [insert name of Authority].
23.1 &
GCC
23.2
GCC Hourly rate and types of reimbursable expenses to be paid to the
24.3 Adjudicator:
[insert hourly fees and reimbursable expenses}.
I B. Time Control
GCC The Contractor shall submit for approval a Program for the Works within
26.1 [number} days from the date of the Letter of Acceptance.

GCC The period between Program updates is [insert number] days.

26.3
The amount to be withheld for late submission of an updated Program is
[insert amount}.

I C. Quality Control
GCC The Defects Liability Period is: [insert number] days.
34.1 [The Defects Liability Period is usually limited to 12 months, but could be
less in very simple cases}

I D. Cost Control
GCC If the value engineering proposal is approved by the Procuring Entity the
38.7 amount to be paid to the Contractor shall be _% (insert appropriate
percentage. The percentage is normally up to 50%) of the reduction in the
Contract Price.
GCC The currency of the Procuring Entity's Country is: [insert name of currency
44.1 of the
Procuring Entity's Country}.

80
 GCC The Contract [insert "is" or "is not"} subject to price adjustment in
45.1 accordance with GCC Clause 45, and the following information regarding
coefficients [specify "does" or "does not"} apply.
[Price adjustment is mandatory for contracts which provide for time of
completion exceeding 18 months]
The coefficients for adjustment of prices are:
(a) [insert percentage] percent nonadjustable element (coefficient A).(ib)
[insert percentage} percent adjustable element (coefficient B).
(c) The Index I for shall be [insert index].

GCC The proportion of payments retained is: [insert percentage}

46.1
[The retention amount is usually close to 5 percent and in no case exceeds
10 percent.}

GCC The liquidated damages for the whole of the Works are [insert percentage of
47.1 the final Contract Price} per day. The maximum amount of liquidated
damages for the whole of the Works is [insert percentage] of the final
Contract Price.
[Usually liquidated damages are set between 0.05 percent and 0.10 percent
per day, and the total amount is not to exceed between 5 percent and 10
percent of the Contract Price .lf Sectional Completion and Damages per
Section have been agreed, the latter should be specified here}

GCC The Bonus for the whole of the Works is [insert percentage of final
48.1 Contract Price} per day. The maximum amount of Bonus for the whole of
the Works is [insert percentage} of the final Contract Price.
[If early completion would provide benefits to the Procuring Entity, this clause
should remain; otherwise delete . The Bonus is usually numerically equal to
the liquidated damages.}

GCC The Advance Payments shall be: [insert amount(s)} and shall be paid to the
49.1 Contractor no later than [insert date(s)}.

GCC The Performance Security amount is [insert amount(s) denominated in the

50.1 types and proportions of the currencies in which the Contract Price is
payable, or in a freely convertible currency acceptable to the Procuring
Entity]
(a) Performance Security - Bank Guarantee: in the amount(s) of [insert
related figure(s)} percent of the Accepted Contract Amount and in the
same currency(ies) of the Accepted Contract Amount.
(b) Performance Security - Performance Bond: in the amount(s) of [insert
related figure(s)J percent of the Accepted Contract Amount and in the
same currency(ies) of the Accepted Contract Amount.
I E. Finishing the Contract
GCC The date by which operating and maintenance manuals are required is
56.1 [insert date].
The date by which "as built" drawings are required is [insert date] .
GCC The amount to be withheld for failing to produce "as built" drawings and/or
56.2 operating and maintenance manuals by the date required in GCC 58.1 is
[insert amount in local currency].

GCC The maximum number of days is: [insert number; consistent with Clause
57.2 (g) 47.1 on liquidated damages].

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GCC The percentage to apply to the value of the work not completed,
58.1 representing the Procuring Entity's additional cost for completing the
Works, is [insert percentage}.

82
FORM No 1: NOTIFICATION OF INTENTION TO AWARD

This Notification of Intention to Award shall be sent to each Tenderer that submitted a Tender. Send this Notification to
the Tenderer's Authorized Representative named in the Tender Information Form on the format below.
----------------------------------------------------------------------------------------------------------------

FORMAT

1. For the attention of Tenderer's Authorized Representative

i) Name: [insert Authorized Representative's name]
ii) Address: [insert Authorized Representative's Address]
iii) Telephone: [insert Authorized Representative's telephone/fax numbers]
iv) Email Address: [insert Authorized Representative's email address]

[IMPORTANT: insert the date that this Notification is transmitted to Tenderers. The Notification must be sent
to all Tenderers simultaneously. This means on the same date and as close to the same time as possible.]

2. Date of transmission: [email] on [date] (local time)

This Notification is sent by (Name and designation)

3. Notification of Intention to Award

i) Procuring Entity: [insert the name of the Procuring Entity]

ii) Project: [insert name of project]
iii) Contract title: [insert the name of the contract]
iv) Country: [insert country where ITT is issued]
v) ITT No: [insert ITT reference number from Procurement Plan]

This Notification of Intention to Award (Notification) notifies you of our decision to award the above contract.
The transmission of this Notification begins the Standstill Period. During the Standstill Period, you may:

4. Request a debriefing in relation to the evaluation of your tender

Submit a Procurement-related Complaint in relation to the decision to award the contract.

a) The successful tenderer
i) Name of successful Tender

ii) Address of the successful Tender

iii) Contract price of the successful Tender Kenya Shillings (in

words )

b) Other Tenderers

Names of all Tenderers that submitted a Tender. If the Tender's price was evaluated include the evaluated price as
well as the Tender price as read out. For Tenders not evaluated, give one main reason the Tender was
unsuccessful.

83
 (Note a) State NE if not evaluated

5. How to request a debriefing

a) DEADLINE: The deadline to request a debriefing expires at midnight on [insert date] (local time).
b) You may request a debriefing in relation to the results of the evaluation of your Tender. If you decide to
request a debriefing your written request must be made within three (5) Business Days of receipt of this
Notification of Intention to Award.
c) Provide the contract name, reference number, name of the Tenderer, contact details; and address the request
for debriefing as follows:
i) Attention: [insert full name of person, if applicable]
ii) Title/position: [insert title/position]
ii) Agency: [insert name of Procuring Entity]
iii) Email address: [insert email address]
d) If your request for a debriefing is received within the 3 Days deadline, we will provide the debriefing within
five (3) Business Days of receipt of your request. If we are unable to provide the debriefing within this
period, the Standstill Period shall be extended by five (3) Days after the date that the debriefing is provided. If
this happens, we will notify you and confirm the date that the extended Standstill Period will end.
e) The debriefing may be in writing, by phone, video conference call or in person. We shall promptly advise
you in writing how the debriefing will take place and confirm the date and time.
f) If the deadline to request a debriefing has expired, you may still request a debriefing. In this case, we will
provide the debriefing as soon as practicable, and normally no later than fifteen (15) Days from the date of
publication of the Contract Award Notice.

6. How to make a complaint

a) Period: Procurement-related Complaint challenging the decision to award shall be submitted by midnight,
[insert date] (local time).
b) Provide the contract name, reference number, name of the Tenderer, contact details; and address the
Procurement-related Complaint as follows:
i) Attention: [insert full name of person, if applicable]
ii) Title/position: [insert title/position]
iii) Agency: [insert name of Procuring Entity]
iv) Email address: [insert email address]

c) At this point in the procurement process, you may submit a Procurement-related Complaint challenging the
decision to award the contract. You do not need to have requested, or received, a debriefing before making
this complaint. Your complaint must be submitted within the Standstill Period and received by us before the
Standstill Period ends.
d) Further information: For more information refer to the Public Procurement and Disposals Act 2015 and its
Regulations available from the Website [email protected] or [email protected].
You should read these documents before preparing and submitting your complaint.
e) There are four essential requirements:
i) You must be an 'interested party'. In this case, that means a Tenderer who submitted a Tender in this
tendering process, and is the recipient of a Notification of Intention to Award.
ii) The complaint can only challenge the decision to award the contract.
iii) You must submit the complaint within the period stated above.

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 iv) You must include, in your complaint, all of the information required to support your complaint.

7. Standstill Period
i) DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local time).
ii) The Standstill Period lasts ten (14) Days after the date of transmission of this Notification of Intention to
Award.
iii) The Standstill Period may be extended as stated in paragraph Section 5 (d) above.

If you have any questions regarding this Notification please do not hesitate to contact us. On behalf of the
Procuring Entity:

Signature: Name:

Title/position: Telephone: Email:

82
FORM NO 2: NOTIFICATION OF AWARD - LETTER OFACCEPTANCE

[letterhead paper of the Procuring Entity] [date]

To: [name and address of the Contractor]

This is to notify you that your Tender dated [date] for execution of the [name of the Contract and identification number,
as given in the Contract Data] for the Accepted Contract Amount [amount in numbers and words] [name of currency], as
corrected and modified in accordance with the Instructions to Tenderers, is hereby accepted by ……………… (name of
Procuring Entity).

You are requested to furnish the Performance Security within 30 days in accordance with the Conditions of Contract,
using, for that purpose, one of the Performance Security Forms included in Section VIII, Contract Forms, of the Tender
Document.

Authorized Signature:.................................................................................................................

Name and Title of Signatory:........................................................................................................

Name of Procuring Entity.............................................................................................................

Attachment: Contract Agreement................................................................................................

83
FORM NO 3: CONTRACT AGREEMENT

THIS AGREEMENT made the day of , 20 , between

______________________________________of __________________________ (hereinafter “the Procuring
Entity”), of the one part, and of (hereinafter
“the Contractor”), of the other part:

WHEREAS the Procuring Entity desires that the Works known as should be
executed by the Contractor, and has accepted a Tender by the Contractor for the execution and completion of these
Works and the remedying of any defects therein,

The Procuring Entity and the Contractor agree as follows:

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

2. The following documents shall be deemed to form and be read and construed as part of this Agreement. This
Agreement shall prevail over all other Contract documents.
a) the Letter of Acceptance
b) the Letter of Tender
c) the addenda Nos (if any)
d) the Special Conditions of Contract
e) the General Conditions of Contract;
f) the Specifications
g) the Drawings; and
h) the completed Schedules and any other documents forming part of the contract.

3. In consideration of the payments to be made by the Procuring Entity to the Contractor as specified in this
Agreement, the Contractor hereby covenants with the Procuring Entity to execute the Works and to remedy
defects therein in conformity in all respects with the provisions of the Contract.

4. The Procuring Entity 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 hereto have caused this Agreement to be executed in accordance with the Laws of
Kenya on the day, month and year specified above.

Signed and sealed by (for the Procuring Entity)

Signed and sealed by (for the Contractor).

84
FORM NO. 4 - PERFORMANCE SECURITY

[Option 1 - Unconditional Demand Bank Guarantee]

[Guarantor letterhead]

Beneficiary: [insert name and Address of Procuring Entity] Date:

[Insert date of issue]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

1. We have been informed that (hereinafter called "the

Contractor") has entered into Contract No. dated with (name
of Procuring Entity) (the Procuring Entity as the Beneficiary), for the execution of
(hereinafter called "the Contract").

2. Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is
required.

3. At the request of the Contractor, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or
sums not exceeding in total an amount of (in
words ),1 such sum being payable in the types and proportions of currencies in which the Contract Price is
payable, upon receipt by us of the Beneficiary's complying demand supported by the Beneficiary's statement,
whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating
that the Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary needing to prove or to
show grounds for your demand or the sum specified therein.

4. This guarantee shall expire, no later than the …. Day of …………, 2...…2, and any demand for payment under it
must be received by us at the office indicated above on or before that date.

5. The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months] [one year], in
response to the Beneficiary's written request for such extension, such request to be presented to the Guarantor
before the expiry of the guarantee.”

[Name of Authorized Official, signature(s) and seals/stamps].

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final
product.

1The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount specified in the Letter of Acceptance,
less provisional sums, if any, and denominated either in the currency of the Contract or a freely convertible currency acceptable to the
Beneficiary.
2Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9. The Procuring Entity should note that in
the event of an extension of this date for completion of the Contract, the Procuring Entity would need to request an extension of this guarantee from
the Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee.
85
 FORM No. 5 - PERFORMANCE SECURITY
[Option 2– Performance Bond]

[Note: Procuring Entities are advised to use Performance Security – Unconditional Demand Bank Guarantee instead
of Performance Bond due to difficulties involved in calling Bond holder to action]

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of Procuring Entity] Date:
[Insert date of issue].
PERFORMANCE BOND No.:

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

1. By this Bond as Principal (hereinafter called “the Contractor”)

and______________________________________________________________] as Surety (hereinafter called
“the Surety”), are held and firmly bound unto ] as
Obligee (hereinafter called “the Procuring Entity”) in the amount of for
the payment of which sum well and truly to be made in the types and proportions of currencies in which the Contract
Price is payable, the Contractor and the Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.

2. WHEREAS the Contractor has entered into a written Agreement with the Procuring Entity dated the
day of , 20 , for in accordance with the documents, plans,
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.

3. 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
Procuring Entity to be, in default under the Contract, the Procuring Entity having performed the Procuring
Entity'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 Procuring Entity for completing the
Contract in accordance with its terms and conditions, and upon determination by the Procuring Entity and
the Surety of the lowest responsive Tenderers, arrange for a Contract between such Tenderer, and Procuring
Entity 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
Procuring Entity to Contractor under the Contract, less the amount properly paid by Procuring Entity to
Contractor; or
3) pay the Procuring Entity the amount required by Procuring Entity to complete the Contract in accordance
with its terms and conditions up to a total not exceeding the amount of this Bond.

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

5. Any suit under this Bond must be instituted before the expiration of one year from the date of the issuing of the
Taking-Over Certificate. No right of action shall accrue on this Bond to or for the use of any person or corporation
other than the Procuring Entity named herein or the heirs, executors, administrators, successors, and assigns of
the Procuring Entity.

6. 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 .

86
 SIGNED ON on behalf of By in the capacity of In the

presence of

SIGNED ON on behalf of By in the capacity of In the

presence of

87
FORM NO. 6 - ADVANCE PAYMENT SECURITY

[Demand Bank Guarantee]

[Guarantor letterhead]

Beneficiary: [Insert name and Address of Procuring Entity]

Date: [Insert date of issue]

ADVANCE PAYMENTGUARANTEE No.: [Insert guarantee reference number] Guarantor:

[Insert name and address of place of issue, unless indicated in the letterhead]

1. We have been informed that (hereinafter called “the Contractor”) has entered into Contract
No. dated with the Beneficiary, for the execution of
(hereinafter called "the Contract").

2. Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the sum
(in words)is to be made against an advance payment guarantee.

3. At the request of the Contractor, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum
1
or sums not exceeding in total an amount of (in words ) upon
receipt by us of the Beneficiary's complying demand supported by the Beneficiary's statement, whether in the
demand itself or in a separate signed document accompanying or identifying the demand, stating either that the
Applicant:
a) has used the advance payment for purposes other than the costs of mobilization in respect of the Works; or
b) has failed to repay the advance payment in accordance with the Contract conditions, specifying the amount
which the Applicant has failed to repay.

4. A demand under this guarantee may be presented as from the presentation to the Guarantor of a certificate from
the Beneficiary's bank stating that the advance payment referred to above has been credited to the Contractor on
its account number at .

5. The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment
repaid by the Contractor as specified in copies of interim statements or payment certificates which shall be
presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the interim payment
certificate indicating that ninety (90) percent of the Accepted Contract Amount, less provisional sums, has been
certified for payment, or on the
2
day of , 2 , whichever is earlier. Consequently, anydemand
for payment under this guarantee must be received by us at this office on or before that date.

6. The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in
response to the Beneficiary's written request for such extension, such request to be presented to the Guarantor
before the expiry of the guarantee.

[Name of Authorized Official, signature(s) and seals/stamps]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the
final product.

1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated either in the currency of the advance payment as
specified
in the Contract.
2
Insert the expected expiration date of the Time for Completion. The Procuring Entity should note that in the event of an extension of the time for completion of the
Contract, the Procuring Entity would need to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the
expiration date established in the guarantee.

88
FORM NO. 7 - RETENTION MONEY SECURITY

[Demand Bank Guarantee]

[Guarantor letterhead]

Beneficiary: [Insert name and Address of Procuring Entity]

Date: [Insert date of issue]
Advance payment guarantee no. [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

1. We have been informed that [insert name of Contractor, which in the case of a joint venture
shall be the name of the joint venture] (hereinafter called "the Contractor") has entered into Contract No.
[insert reference number of the contract] dated with the Beneficiary, for the
execution of [insert name of contract and brief description of Works] (hereinafter
called "the Contract").

2. Furthermore, we understand that, according to the conditions of the Contract, the Beneficiary retains moneys up to
the limit set forth in the Contract (“the Retention Money”), and that when the Taking-Over Certificate has been
issued under the Contract and the first half of the Retention Money has been certified for payment, and payment
of [insert the second half of the Retention Money] is to be made against a Retention Money guarantee.

3. At the request of the Contractor, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or
sums not exceeding in total an amount of [insert amount in figures] ([insert amount in
words ])1 upon receipt by us of the Beneficiary's complying demand supported
by the Beneficiary's statement, whether in the demand itself or in a separate signed document accompanying or
identifying the demand, stating that the Contractor is in breach of its obligation(s) under the Contract, without
your needing to prove or show grounds for your demand or the sum specified therein.

4. A demand under this guarantee may be presented as from the presentation to the Guarantor of a certificate from
the Beneficiary's bank stating that the second half of the Retention Money as referred to above has been credited to
the Contractor on its account number at [insert name and address of
Applicant's bank].

5. This guarantee shall expire no later than the …........................... Day of ….........................….…, 2.................…2,
and any demand for payment under it must be received by us at the office indicated above on or before that date.

6. The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months] [one year], in
response to the Beneficiary's written request for such extension, such request to be presented to the Guarantor
before the expiry of the guarantee.

[Name of Authorized Official, signature(s) and seals/stamps]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the
final product.
1
The Guarantor shall insert an amount representing the amount of the second half of the Retention Money.
2
Insert a date that is twenty-eight days after the expiry of retention period after the actual completion date of the contract. The Procuring Entity should note that in the
event of an extension of this date for completion of the Contract, the Procuring Entity would need to request an extension of this guarantee from the Guarantor. Such
request must be in writing and must be made prior to the expiration date established in the guarantee.

90