KENYA RURAL ROADS AUTHORITY

(NYAMIRA REGION)

ROUTINE MAINTENANCE OF

ROAD NUMBER ;( G64692)

ROAD NAME; RIGOMA – BIRONGO ROAD
TENDER NUMBER; KeRRA/11/NYR/39/22% RMLF/2-47-023/18|19

BID DOCUMENT FOR ROUTINE MAINTENANCE

 INVITATION FOR TENDERS
 INSTRUCTIONS TO BIDDERS
 QUALIFICATION CRITERIA
 CONDITIONS OF CONTRACT
 APPENDIX TO FORM OF AGREEMENT
 STANDARD FORMS
 SPECIFICATIONS, DRAWINGS AND BILLS OF QUANTITIES

DECEMBER 2018
The Engineer The Employer

REGIONAL MANAGER, DIRECTOR GENERAL,

KENYA RURAL ROADS AUTHORITY, KENYA RURAL ROADS AUTHORITY,
P.O. BOX 27–40500, P.O. BOX 48151–00100,
NYAMIRA. NAIROBI.

Rrr Rev 1
 STANDARD TENDER DOCUMENT
FOR
PROCUREMENT OF WORKS

 SPOT IMPROVEMENT WORKS

1
 TABLE OF CONTENTS

CONTENTS PAGE NO.

SECTION I: INVITATION FOR TENDERS .............................................................................................. 3

SECTION II: INSTRUCTIONS TO TENDERERS .................................................................................... 4

SECTION III: QUALIFICATION CRITERIA .......................................................................................... 13

SECTION IV: CONDITIONS OF CONTRACT ....................................................................................... 18

SECTION V: APPENDIX TO FORM OF AGREEMENT ........................................................................ 32

SECTION VI: STANDARD FORMS ........................................................................................................ 5

SECTION VII: CONTRACTOR’S EVALUATION CHECKLIST ............................................................. 61

SECTION VIII: SPECIFICATIONS, DRAWINGS AND BILLS OF QUANTITIES ................................. 61

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 SECTION I: INVITATION FOR TENDERS

Tender reference No. KeRRA/11/NYR/39/22%RMLF/2-47-023/18|19

Tender Name Routine Maintenance for Rigoma - Birongo

1.1 The Kenya Rural Roads Authority invites sealed tenders for Routine
Maintenance for Rigoma – Birongo Road

1.2 Interested eligible candidates may obtain further information and inspect
tender documents (and additional copies) at the procurement office-
KeRRA Nyamira during normal working hours.

1.3 A complete set of tender documents may be obtained by interested

candidates upon payment of a non-refundable fees of ksh 1000 to Kenya
Rural Roads Authority

1.4 Prices quoted should be net inclusive of all taxes, must be in Kenya shillings
and shall remain valid for 120 days from the closing date of tender.

1.5 Completed tender documents are to be enclosed in plain sealed envelopes

marked with Tender name and reference number and deposited in the Tender
Box at Nyamira Regional Office or to be addressed to The Regional
Manager, Kenya Rural Roads Authority P. O Box 27-40500 Nyamira so as
to be received on or before (as per the tender notice).

1.6 Tenders will be opened immediately thereafter in the presence of the

Candidates or their representatives who choose to attend at Nyamira
Regional Office

For (Accounting Officer/Procuring Entity)

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 SECTION II: INSTRUCTIONS TO TENDERERS
TABLE OF CONTENTS

CLAUSE PAGE.

1 . GENERAL 6

2. TENDER DOCUMENTS 8

3. PREPARATION OF TENDERS 8

4. SUBMISSION OF TENDERS 9

5. TENDER OPENING AND EVALUATON 10

6. AWARD OF CONTRACT 12

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 INSTRUCTIONS TO TENDERERS.

1. General

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

tenders for Works Contract as described in the tender documents. The
successful Tenderer will be expected to complete the Works by the Intended
Completion Date specified in the said Appendix.

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

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

(b) experience in works of a similar nature and size
(c) major items of construction equipment owned;
(d) qualifications and experience of key site management and technical
personnel proposed for the Contract;
(e) reports on the financial standing of the Tenderer, such as profit and
loss statements and auditor’s reports;
(f) Authority to seek references from the Tenderer’s bankers
(g) Registration with National Construction Authority for the applicable
class valid at the time of submission
(h) Certificate of Incorporation
(i) VAT Registration Certificate
(j) Valid current Tax compliance certificate
(k) PIN registration certificate
(l) current litigation information
(m) Bidders MUST serialize all the pages of the Bid submitted
(n) Must attach valid Certificate of registration of Youth, Women or
disability (AGPO) for tenders reserved for this category as per tender
notice

1.3 The Tenderer shall bear all costs associated with the preparation and
submission of his tender, and the Employer will in no case be responsible or
liable for those costs.

1.4 The Tenderer, at the Tenderer’s own responsibility and risk, is encouraged to
visit and examine the Site of the Works and its surroundings, and obtain all
information that may be necessary for preparing the tender and entering into
a contract for construction of the Works. The costs of visiting the Site shall be
at the Tenderer’s own expense.

1.5 The procurement entity’s employees, committee members, board members

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

1.6 The price to be charged for the tender document shall not exceed
Kshs.1,000/=
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 1.7 The procuring entity shall allow the tenderer to view the tender document free
of charge before purchase.
1.8. The estimated budget for these works is Shillings (Kshs 2,100,004.13)

6
2. Tender Documents

2.1 The complete set of tender documents comprises the documents

listed here below and any addenda issued in accordance with clause
2.4 herebelow:-
(a) These instructions to Tenderers
(b) Form of Tender
(c) Conditions of Contract and Appendix to Form of Agreement
(d) Specifications
(e) Drawings
(f) Bills of Quantities
(g) Other materials required to be filled and submitted in
accordance with these Instructions and Conditions

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

2.3 A prospective Tenderer making inquiries of the tendering documents may

notify the Employer in writing or by cable, telex or facsimile at the address
indicated in the letter of invitation to tender. The Employer will respond to any
request for clarification received earlier than seven [7] days prior to the
deadline for submission of tenders. Copies of the Employer’s response will be
forwarded to all persons issued with tendering documents, including a
description of the inquiry, but without identifying its source.

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

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

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

3. Preparation of Tenders

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

3.2 The tender submitted by the Tenderer shall comprise the following:-

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 (a) The Tender;

(b) Tender Security;

(c) Initialed Priced Bill of Quantities for lump-sum Contracts

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

Tenderers.

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

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

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

3.6 Tenders shall remain valid for a period of One Twenty (120) days from the
date of submission. However in exceptional circumstances, the Employer
may request that the Tenderers extend the period of validity for a specified
additional period. The request and the Tenderers’ responses shall be made in
writing.

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

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

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

the procuring entity not later than 7 days prior to the deadline for submission
of tenders.

3.10 The procuring entity shall reply to any clarifications sought by the tenderer
within 7 days of receiving the request to enable the tenderer to make timely
submission of its tender.

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4. Submission of Tenders

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

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

[b] bear the name and identification number of the Contract as defined in the
invitation to tender; and

[c] provide a warning not to open before the specified time and date for tender
opening.

4.2 Tenders shall be delivered to the Employer at the address specified above
not later than the time and date specified in the invitation to tender.

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

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

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

4.5 The Employer may extend the deadline for submission of tenders by issuing
an amendment in accordance with sub-clause 2.5 in which case all rights and
obligations of the Employer and the Tenderers previously subject to the
original deadline will then be subject to the new deadline.

5. Tender Opening and Evaluation

5.1 The tenders will be opened in the presence of the Tenderers’ representatives
who choose to attend at the time and in the place specified in the invitation to
tender.

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

5.3 Information relating to the examination, clarification, evaluation and

comparison of tenders and recommendations for the award of the Contract
shall not be disclosed to Tenderers or any other persons not officially
concerned with such process until the award to the successful Tenderer has
been announced. Any effort by a Tenderer to

9
 influence the Employer’s officials, processing of tenders or award decisions
may result in the rejection of his tender.

5.4 Tenders determined to be substantially responsive will be checked for

any arithmetic errors. Errors will be corrected as follows:

(a) where there is a discrepancy between the amount in figures and the
amount in words, the amount in words will prevail; and

(b) where there is a discrepancy between the unit rate and the line item
total resulting from multiplying the unit rate by the quantity, the unit rate
as quoted will prevail, unless in the opinion of the Employer’s
representative, there is an obvious typographical error, in which case
the adjustment will be made to the entry containing that error.

(c) In the event of a discrepancy between the tender amount as stated in

the Form of Tender and the corrected tender figure in the main
summary of the Bill of Quantities/Quotation, the amount as stated in
the Form of Tender shall prevail.

(d) The Error Correction Factor shall be computed by expressing the

difference between the tender amount and the corrected tender sum
as a percentage of the Corrected Builder’s Work (i.e. corrected tender
sum less P.C. and Provisional Sums).

(e) The Error Correction Factor shall be applied to all Builder’s Work (as a
rebate or addition as the case may be) for the purposes of valuations
for Interim Certificates and valuation of variations.

(f) The amount stated in the tender will be adjusted in accordance with
the above procedure for the correction of errors and with concurrence
of the Tenderer, shall be considered as binding upon the Tenderer. If
the Tenderer does not accept the corrected amount, the tender may be
rejected and the Tender Security forfeited.

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

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

5.7 Where contract price variation is allowed, the valuation shall not exceed 25%
of the original contract price.

5.8 Price variation requests shall be processed by the procuring entity within 30
days of receiving the request.

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 5.9 To assist in the examination, evaluation, and comparison of tenders, the
Employer at his discretion, may request [in writing] any Tenderer for
clarification of the tender, including breakdowns of unit rates. The request for
clarification and the response shall be in writing or by cable, telex or facsimile
but no change in the tender price or substance of the tender shall be sought,
offered or permitted.

5.10 The Tenderer shall not influence the Employer on any matter relating to his
tender from the time of the tender opening to the time the Contract is
awarded. Any effort by the Tenderer to influence the Employer or his
employees in his decision on tender evaluation, tender comparison or
Contract award may result in the rejection of the tender.

6. Award of Contract

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

6.2 Notwithstanding the provisions of clause 6.1 above, the Employer reserves
the right to accept or reject any tender and to cancel the tendering process
and reject all tenders at any time prior to the award of Contract without
thereby incurring any liability to the affected Tenderer or Tenderers or any
obligation to inform the affected Tenderer or Tenderers of the grounds for the
action.

6.3 The Tenderer whose tender has been accepted will be notified of the award
prior to expiration of the tender validity period in writing or by cable, telex or
facsimile. This notification (hereinafter and in all Contract documents called
the “Letter of Acceptance”) will state the sum [hereinafter and in all Contract
documents called the “Contract Price” which the Employer will pay the
Contractor in consideration of the execution, completion, and maintenance of
the Works by the Contractor as prescribed by the Contract. The contract shall
be formed on the parties signing the contract. At the same time the other
tenderers shall be informed that their tenders have not been successful.

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

11
 6.5 Within 21 days after receipt of the Letter of Acceptance, the successful Tenderer
shall deliver to the Employer a Performance Security amount stipulated in the
Appendix to Conditions of Contract.

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

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

6.8 The procuring entity shall give prompt notice of the termination to the tenderers
and on request give its reasons for termination within 14 days of receiving the
request from any tenderer.

7. Corrupt and fraudulent practices

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

7.2 The procuring entity will reject a tender if it determines that the tenderer
recommended for award has engaged in corrupt and fraudulent practices in
competing for the contract in question.

7.3 Further a tenderer who is found to have indulged in corrupt and fraudulent
practices risks being debarred from participating in public procurement in
Kenya.

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SECTION III: QUALIFICATION CRITERIA

Qualification Criteria ComplianceRequirements Documentation

No. Subject Requirement Single Entity Submission Requirements

1. Eligibility

1.1 Eligibility
Nationality in accordance with
confidential business Questionnaire in Must meet requirement Refer to standard form section 7
the standard forms

1.4 Incorporation & Pursuant to sub clause 1.2 the following

Registration shall be provided;
- Certified Copy of Certificate of
incorporation certified by commissioner
of oath to show that the applicant is a
registered company and legally
authorised to do business in Kenya
- Proof of registration with the National
Construction Authority Category NCA Must meet requirement Refer to standard form section 7
8 and above for road works (to be
verified Online)

- Proof of PIN/VAT Registration(to be

verified Online)
- Valid Tax Compliance Certificate(to
be verified Online)
- Pretender site visit certificate

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 Qualification Criteria ComplianceRequirements Documentation

No. Subject Requirement Single Entity Submission Requirements

2.1 History of Non- Non-performance of a contract did not

Performing occur within the last three (3) years prior
Contracts to the deadline for application
submission based on all information on
fully settled disputes or litigation. A fully
settled dispute or litigation is one that Must meet requirement by itself or as
has been resolved in accordance with party to past
the Dispute Resolution Mechanism
under the respective contract, and
where all appeal instances available to
the applicant have been exhausted.
2.2 Pending Litigation All pending litigation shall in total not
represent more than fifty percent (50%)]
of the Applicant's net worth and shall be Must meet requirement by itself or as
Refer to standard form section 7
treated as resolved against the party to past
Applicant.

3.1 Financial Submission of audited balance sheets

Performance
to the Employer, for the last three [3]
years to demonstrate:
(a) capacity to have a cash flow amount Refer to standard form section 7
of min KShs500,000.00 equivalent
working capital Not applicable

3.2 Average Annual Minimum average annual construction

Construction turnover of KShs1 Million[One million]
Turnover
calculated as total certified payments Proof of bank account in tenderers
Refer to standard form section 7
received for contracts in progress or name
completed, within the last three [(3)]
years

14
 Qualification Criteria ComplianceRequirements Documentation

No. Subject Requirement Single Entity Submission Requirements

4.1 General Experience under construction contracts

Construction in the role of contractor, subcontractor,
Experience or management contractor for at least
Must meet requirement Refer to standard form section 7
the last 5 years prior to the applications
submission deadline

4.2(a) Specific Participation as contractor, management

Construction contractor or subcontractor, in at least
Experience One (1) contracts within the last five (5)
years, a value of at least KShs. 1 Million
(One Million) each, that have been
successfully and substantially completed
and that are similar to the proposed Must meet requirement Refer to standard form section 7
works. The similarity shall be based on
the physical size, complexity,
methods/technology or other
characteristics as described in Scope of
Works

4.2(b) b) For the above or other contracts Must meet requirements

executed during the period stipulated in
4.2(a) above, a minimum construction
experience in at least one (1) of: Refer to standard form section 7
- Routine maintenance
- Spot improvement &
rehabilitation works.

4.3 Submission of a brief work methodology must demonstrate understanding of the

in sufficient detail to demonstrate the scope of works and other general
adequacy of the bidder’s proposals to requirements
Work meet the technical specifications and the Refer to standard form section 7
Methodology completion time

5. Equipment Holding

15
 Qualification Criteria ComplianceRequirements Documentation

No. Subject Requirement Single Entity Submission Requirements

5.1 Minimum number

of Equipment The bidder must indicate and provide
proof of ownership or leasing of at
least two (2) different core
plant/equipment necessary for
undertaking the project to completion Must meet requirement Refer to standard form section 7
within the completion time

6. Current Commitment
The total value of current works on the
6.1 On-going contracts on-going contracts must not exceed Must meet requirements Refer to standard form section 7
Kshs.5 million.

7. Site Staff
The site staff shall posses minimum
levels set below;

1 Site Agent Qualification = xxxxxxxx

Experience = xxxxxxxxx Not Applicable
Experience = xxxxxx

2 Dep. Site Agent/ Qualification =xxxxxxxx

Site Engineer General Experience = xx yrs Not Applicable
Specific Experience = xx Yrs

3 Senior Foreman Qualification = xxxxxxx

General Experience = xxxxYrs Not Applicable
Specific Experience = xxxxYrs

16
 Qualification Criteria ComplianceRequirements Documentation

No. Subject Requirement Single Entity Submission Requirements

4 Site Surveyor Qualification = xxxxxx Not Applicable

General Experience = xxxxx
Specific Experience = xxx Yrs

5 Foremen (5 N0.)
Qualification = xxxxx Not Applicable
General Experience = xxx yrs
Specific Experience = xx Yrs

Not Applicable
Qualification = xxxxx
General Experience = xx yrs
Specific Experience =xx Yrs

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 SECTION IV A

CONDITIONS OF CONTRACT PART I:

(GENERAL CONDITIONS OF CONTRACT)

18
 PART I: GENERAL CONDITIONS OF CONTRACT

The General Conditions of Contract are the FIDIC Short Form of Contract, First
Edition, 1999, published by the International Federation of Consulting Engineers
(FIDIC).

The General Conditions of Contract are linked with the Conditions of Particular
Application, referred to as Part II, by the consecutive numbering of the Clauses, so
that Part I and II together comprise the Conditions governing the rights and
obligations of the Parties. In case of any inconsistency between the Conditions
contained in Part I and those in Part II, the Conditions contained in Part II shall
prevail.

The Tenderer is deemed to have read and fully complied with the General
Conditions of Contract.

Copies of the FIDIC Short Form of Contract can be obtained from:

FIDIC Secretariat,
P. O. Box 86,
CH-1000 Lausanne 12,
SWITZERLAND

Fax: 41 21 653 54 32
Telephone: 41 21 654 44 11
E-mail: [email protected]

19
 SECTION IV B

CONDITIONS OF CONTRACT PART II:

(GENERAL CONDITIONS OF PARTICULAR APPLICATION)

20
SECTION IVB: CONDITIONS OF CONTRACT
PART II: CONDITIONS OF PARTICULAR APPLICATION

Table of Clauses Page

1. DEFINITIONS……………………………………………………………… 20

2. CONTRACT DOCUMENTS……………………………………………… 21

3. EMPLOYER’S REPRESENTATIVE’S DECISIONS………………… 21

4. WORKS, LANGUAGE AND LAW OF CONTRACT…………………. 22

5. SAFETY, TEMPORARY WORKS AND DISCOVERIES……………. 22

6. WORK PROGRAM AND SUB-CONTRACTING…………………….. 22

7. THE SITE…………………………………………………………………. 22

8. INSTRUCTIONS…………………………………………………………… 23

9. EXTENSION OF COMPLETION DATE……………………………….. 23

10. MANAGEMENT MEETINGS……………………………………………. 24

11. DEFECTS…………………………………………………………………… 24

12. BILLS OF QUANTITIES…………………. 25

13. VARIATIONS……………………………………………………………….. 25

14. PAYMENT CERTIFICATES AND FINAL ACCOUNT ………………… 26

15. INSURANCES ……………………………………………………………. 27

16. LIQUIDATED DAMAGES………………………………………………… 27

17. COMPLETION AND TAKING OVER…………………………………… 27

18. TERMINATION……………………………………………………………… 27

19. PAYMENT UPON TERMINATION………………………………………… 28

20. CORRUPT GIFTS AND PAYMENTS OF COMMISSION……………… 28

21. SETTLEMENT OF DISPUTES……………………………………………… 29

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 CONDITIONS OF CONTRACT
1. Definitions

1.1 In this Contract, except where context otherwise requires, the

following terms shall be interpreted as indicated;

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

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

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

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

“The Contractor” refers to the person or corporate body whose tender to carry
out the Works has been accepted by the Employer.

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

the Contractor to the Employer.

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

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

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

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

Representative upon correction of defects by the Contractor.

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

Conditions of Contract and calculated from the Completion Date.

“Drawings” include calculations and other information provided or approved

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

“Employer” Includes Central or Local Government administration,

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

22
 “Equipment” is the Contractor’s machinery and vehicles brought temporarily to
the Site for the execution of the Works.

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

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

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

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

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

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

“ A Subcontractor” is a person or corporate body who has a Contract with the

Contractor to carry out a part of the Work in the Contract, which includes
Work on the Site.

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

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

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

varies the Works.

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

2. Contract Documents

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

(1) Agreement,
(2) Letter of Acceptance,
(3) Contractor’s Tender,
(4) Conditions of Contract,
(5) Specifications,
(6) Drawings,
(7) Bills of Quantities

3. Employer’s Representative’s Decisions

3.1 Except where otherwise specifically stated, the Employer’s Representative will
decide contractual matters between the Employer and the Contractor in the
role representing the Employer.
23
4. Works, Language and Law of Contract

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

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

5. Safety, Temporary works and Discoveries

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

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

5.3 Anything of historical or other interest or significant value unexpectedly

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

6 Work Program and Sub-contracting

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

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

7 The site

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

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

24
8 Instructions

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

9 Extension of Completion Date

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

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

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

Delay by:-(a) force

majeure, or

(b) reason of any exceptionally adverse weather conditions, or

(c) reason of civil commotion, strike or lockout affecting any of the trades
employed upon the Works or any of the trades engaged in the
preparation, manufacture or transportation of any of the goods or
materials required for the Works, or

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

these Conditions, or

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

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

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

25
 (g) reason of delay by statutory or other services providers or similar bodies
engaged directly by the Employer, or

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

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

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

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

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

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

10 Management Meetings

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

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

11 Defects

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

11.2 The Employer’s Representative shall give notice to the Contractor of any
defects before the end of the Defects Liability Period, which beginsat
Completion, and is defined in the Appendix to Form of Agreement.

26
 11.3 Every time notice of a defect is given, the Contractor shall correct the notified
defect within the length of time specified by the Employer’s Representative’s
notice. If the Contractor has not corrected a defect within the time specified in
the Employer’s Representative’s notice, the Employer’s Representative will
assess the cost of having the defect corrected by other parties and such cost
shall be treated as a variation and be deducted from the Contract Price.

12 Bills of Quantities

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

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

13 Variations

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

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

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

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

27
14 Payment Certificates and Final Account

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

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

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

(ii) First stage (define stage) ____________________

(iii) Second stage (define stage) __________________

(iv) Third stage (define stage) _____________________

(v) After defects liability period .

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

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

14.4 If the period laid down for payment to the Contractor upon each of the
Employer’s Representative’s Certificate by the Employer has been exceeded,
the Contractor shall be entitled to claim simple interest calculated pro-rata on
the basis of the number of days delayed at the

28
 Central Bank of Kenya’s average base lending rate prevailing on the first day
the payment becomes overdue. The Contractor will be required to notify the
Employer within 15 days of receipt of delayed payments of his intentions to
claim interest.

15. Insurance

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

16. Liquidated Damages

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

17. Completion and Taking Over

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

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

18. Termination

18.1 The Employer or the Contractor may terminate the Contract if the other party
causes a fundamental breach of the Contract. These fundamental breaches
of Contract shall include, but shall not be limited to, the following;

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

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

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

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

29
 (d) the Employer’s Representative gives notice that failure to correct a
particular defect is a fundamental breach of Contract and the
Contractor fails to correct it within a reasonable period of time.

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

19. Payment Upon Termination

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

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

19.3 Until after completion of the Works under this clause, the Employer shall not be bound
by any other provision of this Contract to make any payment to the Contractor, but
upon such completion as aforesaid and the verification within a reasonable time of
the accounts therefor the Employer’s Representative shall certify the amount of
expenses properly incurred by the Employer and, if such amount added to the
money paid to the Contractor before such determination exceeds the total amount
which would have been payable on due completion in accordance with this Contract,
the difference shall be a debt payable to the Employer by the Contractor; and if the
said amount added to the said money be less than the said total amount, the
difference shall be a debt payable by the Employer to the Contractor.

20. Corrupt Gifts and Payments of Commission

20.1 The Contractor shall not;

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

30
 showing or forbearing to show favour or disfavour to any person in relation
to this or any other contract with the Employer.

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

him or acting on his behalf (whether with or without the knowledge of the
Contractor) shall be an offence under the Laws of Kenya.

21. Settlement of Disputes

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

31
 SECTION V: APPENDIX TO FORM OF AGREEMENT
This Appendix to Form of Agreement forms part of the Agreement.

Item Data

Time for Completion Three (3)Months,

Priority of Documents The documents forming the Contract shall be

interpreted in the following order of priority:
 the Contract Agreement and Appendix to form of
agreement
 the Letter of Acceptance
 the Form of Tender
 the Conditions of Contract, Part II - Conditions of
Particular Application
 the Conditions of Contract, Part I - General
Conditions of Contract
 the Specifications
 the Drawings,
 the Priced Bill of Quantities

Law of Contract Laws of the Republic of Kenya

Language English

Provision of Site On Commencement Date

Name and Address of Employer Director General

Kenya Rural Roads Authority
P.O. Box 48151-00100
Nairobi
Authorised Person General Manager(Maintenance),
Kenya Rural Roads Authority
P.O. Box 48151-00100
(Nyamira Region)
Name and Address of the Engineer Regional Manager,
Kenya Rural Roads Authority
P. O. Box 27 Code 40500,Nyamira
(Nyamira Region)
Name and Address of Engineer’s Constituency Roads Officer
Representative (Nyamira Region)

32
Item Data

Penalty to the Contractor for 10% of the amount paid to the workers.
Employer paying workers on his
behalf
Bid Security None

Performance Security

Amount None

Form Bank Guarantee

Requirements of Contractors Design Not applicable

Programme
 Time of Submission Within 14 days of Commencement Date

 Form of Programme Bar Chart

 Interval Updates As requested by the Engineer

Liquidated Damages 0.01% of Contract Price per Day to a limit of 1% of

Amount payable due to failure to Contract Price.
complete
Defects Liability period None

Period of notifying defects 7days calculated from the date stated in the notice
under sub clause 8.2
Percentage of Retention 10% of interim certificate to a limit of 5% of the
contract sum

Maximum Amount of Advance N/A

Payment
Form of Guarantee for Advance Bank Guarantee
Payment
Valuation of Works Re-measurements with Bills of Quantities

Repayment Schedule for Advance N/A

Payment
Minimum Amount of Interim Payment Contract Sum divided by Contract Period(Months)

Currency of Payment Kenya Shilling

Rate of Interest Simple Interest at a rate of 2% above mean Base

Lending Rate as issued by the Central Bank of Kenya.
Insurance Not Required
33
Item Data

Insurance Amount of Cover

 The Works, materials plants & The Contract Price stated in the Agreement
fees- Contractor’s All risks +15%+replacement cost of equipment on site.

 Third party injury to persons Full replacement Cost

and damage to property

 Workers compensation As per work injury benefits act 2007 laws of Kenya
(WIBA- workers injury benefits
policy)

Arbitration
 Rules CAP 49 of the Laws of Kenya
 Appointing Authority Chairman Chartered Institute of Arbitrators, Kenya
Branch.
 Place of Arbitration Kenya Rural Roads Authority, Headquarters

Signature of Bidder…………………………………….…… Date ……………………

34
SECTION VI: STANDARD FORMS

Table of Contents

CONTENTS: PAGE

FORM OF INVITATION FOR TENDERS ....................................................................................... 36

FORM OF TENDER ....................................................................................................................... 37
LETTER OF AWARD ..................................................................................................................... 38
FORM OF TENDER SECURITY .................................................................................................... 39
PERFORMANCE BANK GUARANTEE ........................................................................................ 40
BANK GUARANTEE FOR ADVANCE PAYMENT ....................................................................... 41
QUALIFICATION INFORMATION ................................................................................................. 44
CONFIDENTIAL BUSINESS QUESTIONNAIRE .......................................................................... 45
SCHEDULE OF LABOUR: - BASIC RATES ................................................................................ 47
CERTIFICATE OF TENDERER’S VISIT TO SITE ........................................................................ 48
FORM OF WRITTEN POWER-OF-ATTORNEY ............................................................................ 49
KEY PERSONNEL ......................................................................................................................... 50
SCHEDULE OF THE PROPOSED APPROPRIATE EQUIPMENT. ............................................. 51
SCHEDULE OF COMPLETED CIVIL WORKS CARRIED OUT IN THE PREVIOUS YEARS ..... 52
SCHEDULE OF ONGOING PROJECTS ....................................................................................... 53
OTHER SUPPLEMENTARY INFORMATION ............................................................................... 54
ADJUDICATOR’S AGREEMENT .................................................................................................. 55
FRAUD & CORRUPTION .............................................................................................................. 57
ENVIRONMENTAL AND SOCIAL COMMITMENT ....................................................................... 58
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD ................................................ 59
DECLARATION FORM .................................................................................................................. 60

35
 FORM OF INVITATION FOR TENDERS
_______________________[Date]

To: _____________________________________ [Name of Contractor]

_____________________________________[Address]
_____________________________________
_____________________________________

Dear Sirs:

Reference:______________________________________________[Contract Name]

You are qualified to tender for the above Contract.

We hereby invite you and other qualified Tenderers to submit a Tender for the execution and
completion of the Works.

A complete set of Tender documents may be purchased from ____

________________________________________________________________________
[Mailing address, cable/telex/facsimile numbers].

Upon payment of a non-refundable fee of Kshs__________________________

All Tenders shall be accompanied by ....................number of copies of the same and a Tender
Security in the form and amount of Kshs…………. and shall be delivered to:
________________________________________________________________________
[Address and location]

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

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

Please confirm receipt of this letter and your intention to Tender in writing.

Yours faithfully,

_____________________________________ Authorised Signature

_____________________________________ Name and Title

36
 FORM OF TENDER

TO: ___________________________________________[Name of Employer) ___________[Date]

____________________________________________________[Name of Contract]

Dear Sir,

1. In accordance with the Conditions of Contract, Specifications, Drawings and Bills of Quantities
for the execution of the above Works, We, the undersigned offer to construct, install and
complete such Works and remedy any defects therein for the sum of
Kshs._____________________________[Amount in figures]Kenya
Shillings____________________________________________________________________
_______________________[Amount in words]

2. We undertake, if our Tender is accepted, to commence the Works on the commencement

date and to complete the whole of the Works comprised in the Contract within the time stated in
the Appendix.

3. We agree to abide by this Tender until ___________________[Insert date], and it shall remain
binding upon us and may be accepted at any time before that date.
4. Unless and until a formal Agreement is prepared and executed this Tender together with your
written acceptance thereof, shall constitute a binding Contract between us.

4. We understand that you are not bound to accept the lowest or any Tender you may receive.

Dated this ____________________ day of _______20________________

Signature __________________in the capacity of___________________

duly authorized to sign Tenders for and on behalf of

________________________________________[Name of Tenderer] of

_______________________________[Address of Tenderer]

Witness: Name______________________________________

Address_____________________________________

Signature___________________________________

Date_______________________________________

37
 LETTER OF AWARD
[Letterhead paper of the Employer]

_______________________[Date]

To: _________________________________________
[Name of the Contractor]

_______________________________________
[Address of the Contractor]

Dear Sir,

This is to notify you that your Tender dated ___________________________

for the execution of ________________________________________________

[name of the Contract and identification number,as given in the Tender documents] for the Contract

Price of Kshs. __________________________ [amount in figures][Kenya

Shillings______________________________(amount in words) ] in accordance with the Instructions

to Tenderers is hereby accepted.

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

Contract documents.

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

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

Attachment :

38
 FORM OF TENDER SECURITY
WHEREAS ………………………………………..(hereinafter called “the Tenderer”) has submitted a
Tender dated ………………………… for the Rehabilitation/Spot Improvement of
………………………………………………………………………
…………………… (Name of Contract)

KNOW ALL PEOPLE by these presents that WE ……………………… having our registered office at
………………(hereinafter called “the Bank”), are bound unto ……………………………(hereinafter
called “the Employer”) in the sum of Kshs.……………………… for which payment well and truly to be
made to the said Employer, the Bank binds itself, its successors and assigns by these presents
sealed with the Common Seal of the said Bank this ……………. Day of ………20…………

THE CONDITIONS of this obligation are:

1. If after Tender opening the Tenderer withdraws his Tender during the period of Tender validity
specified in the Instructions to Tenderers
Or

2. If the Tenderer, having been notified of the acceptance of his Tender by the Employer during
the Period of Tender validity:

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

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

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

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

___________________________ ______________________________
[Date [Signature of the Bank]

___________________________ ______________________________
[Witness] [Seal]

39
 PERFORMANCE BANK GUARANTEE
To: _________________________(Name of Employer) ___________(Date)

__________________________(Address of Employer)

Dear Sir,

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

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

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

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

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

We hereby waive the necessity of your demanding the said debt from the Contractor before presenting
us with the demand.

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

This Guarantee shall be valid until the date of issue of the Employer’s notice under Sub-Clause 8.2
(Taking-Over Notice), of the Conditions of Contract.

SIGNATURE AND SEAL OF THE GUARANTOR ___________________

Name of Bank ____________________________________________

Address ________________________________________________

Date ______________________________________________________

40
 BANK GUARANTEE FOR ADVANCE PAYMENT
To: ________________________ [Name of Employer] ___________(Date)
________________________[Address of Employer]
Gentlemen,

Ref: _______________________________________________[name of Contract]

In accordance with the provisions of the Conditions of Contract of the above-mentioned Contract,
We,_______________________________________[name and Address of Contractor] (hereinafter
called “the Contractor”) shall furnish you with a Bank guarantee by a recognised Bank for the sum
specified therein as a security for compliance with his obligations in accordance with the Contract in an
amount of Kshs._____________[amount of Guarantee in figurers] Kenya
Shillings_____________________________________[amount of Guarantee in words].

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

unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the
payment to ___________________________[name of Employer] on his first demand without
whatsoever right of objection on our part and without his first claim to the Contractor, in the amount not
exceeding Kshs________________________[amount of Guarantee in figures]Kenya Shillings
_________________________________________________[amount of Guarantee in words].
We further agree that no change or addition to or other modification of the terms of the Contract or of
the Works to be performed thereunder or of any of the Contract documents which may be made
between ________________________[name of Employer] and the Contractor, shall in any way
release us from any liability under this Guarantee, and we hereby waive notice of any such change,
addition or modification.

This Guarantee shall remain valid and in full effect from the date of the Advance Payment under the
Contract until _____________________________(name of Employer) receives full payment of the
same amount from the Contract.

Yours faithfully,
Signature and Seal __________________________________________________

Name of the Bank or financial institution ______________________________

Address ______________________________________________________________

Date _________________________________________________________________

Witness: Name: ____________________________________________________

Address: __________________________________________________

Signature: ________________________________________________

Date: _____________________________________________________
41
 FORM OF AGREEMENT
THIS AGREEMENT is made on the …………day of ….. 2015 between the Kenya
Rural Roads Authority, of P.O. BOX 48151 - 00100, Nairobi, Kenya hereinafter
called the “Employer “of the one part and ---------------------------------------------------------
--------------------------------------------hereinafter called the “Contractor” of the other part.

WHEREAS the Employer is desirous that certain works should be executed, viz: ------
----------------------------------------------------------------------------------------------------------------
And has accepted a Bid by the Contractor to execute, complete and maintain such
works NOW THIS AGREEMENT WITNESSETH as follows:

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

The following documents shall be deemed to form and be read and construed as part
of this Agreement, viz.:

The said BID dated ---------------------------------------------------------------------------------------

- Conditions of Contract; Parts I and II
- The Standard and Special Specifications;
- Priced Bill of Quantities;
- Letter of Acceptance;
- Form of Tender
- Drawings;
- Appendix to the Form of Agreement
- Schedule Of Supplementary Information
- Other Documents/Materials/Conditions agreed and documented.

All aforesaid documents are hereinafter referred to as “The Contract”.

In consideration of the payment to be made by the Employer to the Contractor, the
Contractor covenants with the Employer to execute and complete the Works in
conformity with the provisions of the Contract.

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

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

42
IN WITNESS WHEREOF the parties hereto have caused their respective common
seals to be hereto affixed (or have hereunto set their respective hands and seals) on
the day and year first above written.

SIGNED AND DELIVERED

By the said Employer:………………............................………………………….

Signature: …………………………………………..

Region:………………………………………………

(Regional Manager,Kenya Rural Roads Authority)

(For and on behalf of the said Employer.)

In the presence of:…….............................................................................................

Signature……………………………………………

By the said Contractor: …………...................................................……………………...

Signature……………………………………………
Designation:……………………………………….
(For and on behalf of the said Contractor)

In the presence of : ...............................................................................................

Signature:………………………………………

Address:………………………………………..

43
 QUALIFICATION INFORMATION

TENDER QUESTIONNAIRE

Please fill in block letters.

1. Full name of Tenderer;

………………………………………………………………………………………

2. Full address of Tenderer to which Tender correspondence is to be sent (unless an agent has
been appointed below);

………………………………………………………………………………………

3. Telephone number (s) of Tenderer;

………………………………………………………………………………………

4. Facsimile of Tenderer;
………………………………………………………………………………………

5. Name of Tenderer’s representative to be contacted on matters of the Tender during the

Tender period;
………………………………………………………………………………………

6. Details of Tenderer’s nominated agent (if any) to receive Tender notices (name, address,
telephone, telefax);

………………………………………………………………………………………

………………………………………………………………………………………

_______________________
Signature of Tenderer

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

shall leave one copy at the time of purchase of the Tender documents)

44
 CONFIDENTIAL BUSINESS QUESTIONNAIRE
You are requested to give the particulars indicated in Part 1 and either Part 2 (a) or 2 (b) whichever
applies to your type of business.

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

Part 1 – General

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

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

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

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

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

Current Trade Licensee No…………………… Expiring date……………….……

Maximum value of business which you can handle at any time: Kshs …………

Name of your Bankers……………………………………………………………..…

Branch……………………………………………………………………………….…

Part 2 (b) – Partnership

Give details of partners as follows:

Name in full Nationality Citizenship Details Shares

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

Part 2(c) – Registered Company:

Private or public………………………………………………………….............…

State the nominal and issued capital of the Company-

Nominal Kshs…………………………………………………………….........……

Issued Kshs…………………………………………………………………........…

Give details of all directors* as follows:

Name in full .Nationality. Citizenship Details* Shares.

1.………………………………………………………………………………….…......…
2.………………………………………………………………………………….….......…
45
3.…………………………………………………………………………………….......…
4.……………………………………………………………………………………........…

Part 2(d) – Interest in the Firm:

Is there any person / persons in Kenya Rural Roads Authority who has interest in this firm?
Yes/No……………………… (Delete as necessary)

I certify that the information given above is correct.

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

(Title) (Signature) (Date)

* Attach proof of citizenship

* Attach Proof of Directorship

46
 SCHEDULE OF LABOUR: - BASIC RATES
(Reference: Clause 4 of Conditions of Particular Application)
LABOUR UNIT RATES
CATEGORY (MONTH/SHIFT/HOUR)

Categories to be generally in accordance with those used by the Kenya Building Construction and
Engineering and Allied Trades Workers’ Union.

I certify that the above information is correct.

…………………………… ………………………… ……………………

(Title) (Signature) (Date)

47
 CERTIFICATE OF TENDERER’S VISIT TO SITE
This is to certify that

[Name/s]……………………………………………………………………

…………………………………………………………………………………

Being the authorized representative/Agent of [Name of Tenderer]

……………………………………………………………………………………

……………………………………………………………………………………

participated in the organized inspection visit of the site of the works for the (participated in the
organised inspection visit of the site of the work….………………………………………………..
(……KM )

held on ……………………………………… day of………………………20……………

Signed………………………………………………………………………………
(Employer’s Representative)

………………………………………………………………………………………

NOTE: This form is to be completed when the site visit is made

48
 FORM OF WRITTEN POWER-OF-ATTORNEY
The Tenderer consisting of a joint venture shall state here below the name and address of his
representative who is authorised to receive on his behalf correspondence in connection with the
Tender.

………………………………………………………………
(Name of Tenderer’s Representative in block letters)

………………………………………………………………
(Address of Tenderer’s Representative)

………………………………………………………………
(Signature of Tenderer’s Representative)

49
 KEY PERSONNEL
DESIGNATION NAME NATIONALITY SUMMARY OF
QUALIFICATIONS AND
EXPERIENCE
Headquarters:
1. Managing Director

2.

3.

4.

5.

etc.

Site Office:

1. Site Supervisor

2.

3.

4.

5.

I certify that the above information is correct.

………………………… …………………… ………………..

(Title) (Signature) (Date)

50
 SCHEDULE OF THE PROPOSED APPROPRIATE
EQUIPMENT.
Mandatory minimum number of equipment required by the Employer for the execution of the
project that the bidder must make available for the Contract

Item Equipment Details Minimum No of No. of

No. Number Equipment equipment
Required Owned by to be
the Bidder hired
1 Pedestrian Roller – Man walk
behind

2 Double drum vibrating pedestrian

roller(3Tons)

3 Self-propelled single drum

vibrating (10Tons)

4 Mobile concrete mixers

5 Excavator/loader

6 Concrete vibrators

7 Tippers payload 7 – 10 tonnes

8 Flatbed lorries

9 Water tankers (10,000 litres

capacity)

The Bidder must attach certified copies of log books or lease agreement of the following

I certify that the above information is correct.

………………………… …………………… ………………..

(Title) (Signature) (Date)

51
 SCHEDULE OF COMPLETED CIVIL WORKS
CARRIED OUT IN THE PREVIOUS YEARS
DESCRIPTION OF WORKS TOTAL VALUE OF CONTRACT YEAR
AND CLIENT WORKS (KSHS) PERIOD COMPLETED
(YEARS)

I certify that the above Civil Works were successfully carried out and completed by ourselves.

………………………… ………………………… ………………

(Title) (Signature) (Date)

52
 SCHEDULE OF ONGOING PROJECTS

DESCRIPTION OF WORK CONTRACT DATE OF DATE OF TOTAL %

AND CLIENT PERIOD COMMEN- COMPLETION VALUE OF COMPLETE
CEMENT WORKS D TODATE
(KSHS.)

I certify that the above Civil Works are being carried out by ourselves and that the above information is
correct.

…………………… …………………… ……………………

(Title) (Signature) (Date)

53
 OTHER SUPPLEMENTARY INFORMATION
1. Financial reports for the last three years, balance sheets, profit and loss statements,
auditors’ reports etc. List them below and attach copies.
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………

2. Evidence of access to financial resources to meet the qualification requirements.

Cash in hand, lines of credit etc. List below and attach copies of supporting
documents
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………

3. Name, address , telephone, telex, fax numbers of the Tenderer’s Bankers who may
provide reference if contacted by the Employer.
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………

4. Information on current litigation in which the Tenderer is involved.

OTHER PARTY (IES) CAUSE OF DISPUTE AMOUNT

INVOLVED (KSHS)

I certify that the above information is correct.

…………………… ……………………… ………………………

Title Signature Date

54
ADJUDICATOR’S AGREEMENT

Identification of Project:

…………………………………………………………………………………………………
(the “Project”)

Name and address of the Employer:

………………………………………………………………………………………………..
(the “Employer”)

Name and address of the Contractor:

………………………………………………………………………………………………..
(the “Contractor”)

Name and address of the Adjudicator:

………………………………………………………………………………………………..
(the “Adjudicator”)

Whereas the Employer and the Contractor have entered into a Contract (“the Contract”)
for the execution of the Project and wish to appoint the Adjudicator to act as adjudicator
in accordance with the Rules for Adjudication [“the Rules”].

The Employer, Contractor and Adjudicator agree as follows:

1. The Rules and dispute provisions of the Contract shall form part of this Agreement.

2. The Adjudicator shall be paid:

A retainer fee of ………………………………………………...………….. per calendar

month(where applicable)

A daily fee of ………………………………………………..…

Expenses (including the cost of telephone calls, courier charges, faxes and telexes
incurred in connection with his duties; all reasonable and necessary travel
expenses, hotel accommodation and subsistence and other direct travel expenses).

Receipts will be required for all expenses.

55
3. The Adjudicator agrees to act as Adjudicator in accordance with the Rules and has
disclosed to the Parties any previous or existing relationship with the Parties or
others concerned with the Project.

4. This Agreement shall be governed by the laws of…………………………………

5. The Language of this Agreement shall be ………………………………………..

SIGNED BY ……………………………….…………………………

For and on behalf of the Employer in the presence of

Witness ……………………………………………………………...
Name ……………………………………………………………...
Address ……………………………………………………………...
Date ……………………………………………………………...

SIGNED BY ……………………………….…………………………

For and on behalf of the Contractor in the presence of

Witness ……………………………………………………………...
Name ……………………………………………………………...
Address ……………………………………………………………...
Date ……………………………………………………………...

SIGNED BY ……………………………….…………………………

For and on behalf of the Adjudicator in the presence of

Witness ……………………………………………………………...
Name ……………………………………………………………...
Address ……………………………………………………………...
Date ……………………………………………………………...

56
 FRAUD & CORRUPTION
1 If the Employer determines that the Contractor has engaged in corrupt, fraudulent, collusive,
coercive or obstructive practices, in competing for or in executing the Contract, then the
Employer may, after giving 14 days notice to the Contractor, terminate the Contractor's
employment under the Contract and expel him from the Site.

2 Should any employee of the Contractor be determined to have engaged in corrupt, fraudulent,
collusive, coercive, or obstructive practice during the execution of the Works, then that employee
shall be removed.

3 For the purposes of this Sub-Clause:

(i) “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything
of value to influence improperly the actions of another party;
(ii) “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to
avoid an obligation;
(iii) “collusive practice” is an arrangement between two or more parties designed to achieve an
improper purpose, including to influence improperly the actions of another party;
(iv) “Coercive practice” is impairing or harming, or threatening to impair or harm, directly or
indirectly, any party or the property of the party to influence improperly the actions of a party.

4 The Contractor declares that:

a) They did not engage in any action to influence the Project implementation process to the
detriment of the Employer, in particular no collusive practice took place nor will take place, and
The bidding proceedings, contract award, and execution have not and will not be subject to any
corrupt practice as defined in the United Nations Convention to combat corruption dated 31
October 2003.
Dated this ____________________ day of _______20________________

Signature __________________in the capacity of___________________

duly authorized to sign Tenders for and on behalf of

________________________________________[Name of Tenderer] of

_______________________________[Address of Tenderer]

_______________________________[Seal or Stamp of Tenderer]

57
 ENVIRONMENTAL AND SOCIAL COMMITMENT

I have taken due note of the importance to comply with environmental and social standards
and regulations.

I, the undersigned, [………….] acting as the duly authorized representative of

[…………….],

With respect to the submission of a bid for [………] in accordance with the invitation to
tender No [………….], I undertake to comply, and ensure that our subcontractors, if any,
comply with international environmental and labour standards consistent with applicable
law and regulations in the country of implementation of the Project, including the
fundamental conventions of the International Labour Organisation (ILO) and international
environmental treaties

In addition, I also undertake to adopt any environmental and social risk mitigation
measures as defined in the environmental and social management plan or the notice of
environmental and social impact issued by the Employer.

Dated this ____________________ day of _______20________________

Signature __________________in the capacity of___________________

duly authorized to sign Tenders for and on behalf of

________________________________________[Name of Tenderer] of

_______________________________[Address of Tenderer]

_______________________________[Seal or Stamp of Tenderer]

58
FORM RB 1
REPUBLIC OF KENYA

PUBLIC PROCUREMENT ADMINISTRATIVE

REVIEW BOARD
APPLICATION NO…………….OF……….….20……...

BETWEEN
…………………………………………….APPLICANT

AND

…………………………………RESPONDENT (Procuring Entity)

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

REQUEST FOR REVIEW

I/We……………………………,the above named Applicant(s), of address: Physical
address…………….Fax No……Tel. No……..Email ……………, hereby request the Public
Procurement Administrative Review Board to review the whole/part of the above mentioned decision
on the following grounds , namely:-
1.
2.
etc.
By this memorandum, the Applicant requests the Board for an order/orders that: -
1.
2.
etc
SIGNED ……………….(Applicant)

Dated on…………….day of ……………/…20…

FOR OFFICIAL USE ONLY
Lodged with the Secretary Public Procurement Administrative Review Board on ………… day of
………....20….………

SIGNED
Board Secretary

59
 DECLARATION FORM

Date
To

The tenderer i.e. (Name and address)

declare the following:

a) Has not been debarred from participating in public procurement.

b) Has not been involved in and will not be involved in corrupt and fraudulent
practices regarding public procurement.

Title Signature Date

(To be signed by authorized representative and officially stamped)

60
SECTION VII: CONTRACTOR’S EVALUATION CHECKLIST

61
62
63
PREAMBLE TO BILLS OF QUANTITIES

1. The Bills of Quantities form part of the Contract Documents and are to be read in
conjunction with the Instructions to Tenderers and these Documents.

2. The prices and rates to be inserted in the Bills of Quantities are to be the full,
inclusive value of the work described under the several items including all costs and
expenses which may be required in and for the execution of the work described and
for the Contractor’s overheads and profits. The rates shall be VAT exclusive but
include all other taxes, levies and fees applicable. The rates shall be based on the
Works being carried out in accordance with the R2000 Strategy of using optimum
labour resources.

3. Each item in the Bills of Quantities contains only a brief description of the required
work. Fuller details and descriptions of the work to be done, the materials to be
used, the standards of workmanship, methods of measurement and payment are to
be found in the various sections of the Specifications and on the Drawings.

4. The Quantities set out in the Bills of Quantities are estimated and represent
substantially the work to be carried out. There is no guarantee that the Contractor
will be required to carry out all the quantity of work indicated under any one
particular item or group of items in the Bills of Quantities. The basis of payment
shall be the Contractor’s rates and the quantities of measured work done in
fulfilment of the obligations under the Contract.

5. Work shall be carried out under Dayworks items only at the direction, and with the
approval, of the Engineer. The Contractor shall enter rates in the Dayworks
Schedule of Rates, which shall reflect the realistic costs, including overheads and
profit, of each item. If, in the opinion of the Engineer, a rate is unreasonably high or
low, the Contractor may be required to amend the rate to the satisfaction of the
Engineer.

64
BILLS OF QUANTITIES

65
Road
Code G64692 Section Name Rigoma - Birongo Road
Package: Rigoma - Birongo Road - KeRRA/11/NYR/39/22% RMLF/2-47-
023/18|19
Contractor 0

Bill of Quantities Page: 1

General: Office administration
Bill No.1 and overheads/Preliminaries Project:
Unit Bid Amount
Item No. Description Units Quantity Rate(Ksh) KSh Technology
Provide and erect publicity signs
01-80-016 as directed by the Engineer NO. 2 LB-MB
Allow a prime cost sum for the PC
01-80-026 REs miscellaneuos account SUM 115500 LB-MB

Total Carried Forward to

Summary:

66
Road
Code G64692 Section Name Rigoma - Birongo Road
Package: Rigoma - Birongo Road - KeRRA/11/NYR/39/22% RMLF/2-47-
023/18|19
Contractor 0

Bill of Quantities Page: 2

Bill No.4 SITE CLEARANCE Project:

Unit Bid Amount
Item No. Description Units Quantity Rate(Ksh) KSh Technology
04-50-003 Heavy Bush Clearing M² 2396 LB

Total Carried Forward to

Summary:

67
Road
Code G64692 Section Name Rigoma - Birongo Road
Package: Rigoma - Birongo Road - KeRRA/11/NYR/39/22% RMLF/2-47-
023/18|19
Contractor 0

Bill of Quantities Page: 3

CULVERT AND DRAINAGE
Bill No.8 WORKS Project:
Unit Bid Amount
Item No. Description Units Quantity Rate(Ksh) KSh Technology
Culvert Cleaning- Fully Blocked
08-60-008 - 600mm MT 56 LB
Culvert Installation 600 mm with
08-60-025 surround METERS 7 LB

Total Carried Forward to

Summary:

68
Road
Code G64692 Section Name Rigoma - Birongo Road
Package: Rigoma - Birongo Road - KeRRA/11/NYR/39/22% RMLF/2-47-
023/18|19
Contractor 0

Bill of Quantities Page: 4

GRADING AND GRAVELLING
Bill No.10 WORKS Project:
Unit Bid Amount
Item No. Description Units Quantity Rate(Ksh) KSh Technology
Heavy grading with watering and
compaction instructed by the
10-50-002 Engineer M² 49000 MB
Provide gravel wearing course-
excavation,free haul, spread, water
and compact gravel to
10-60-001 specifications M³ 529.41 MB

Total Carried Forward to

Summary:

69
RoadCode G64692
Structure:
Package: Rigoma - Birongo Road - KeRRA/11/NYR/39/22% RMLF/2-47-023/18|19
Contractor 0

Bill of Quantities Page: 1

Summary Project:
Amount
Item No. Description (KShs)
1 General: Office administration and overheads/Preliminaries
4 SITE CLEARANCE
8 CULVERT AND DRAINAGE WORKS
10 GRADING AND GRAVELLING WORKS

Sub Total

VAT @ 16 %
Total

Carried to page on the form of Tender

70