STD TENDER DOC & ADVERT Big-Tree PS TBK

National Government Constituencies Development Fund
Kiminini Constituency
P.O Box 1683-30200 Kitale
Cell: 0721210316
NG-CDF KIMININI Email: [email protected] Website: www.ngcdf.go.ke
TENDER INVITATION NOTICE
04TH, DECEMBER, 2024.
BIG-TREE PRIMARY SCHOOL
Big-Tree Primary School is a Public School located in Kiminini Ward, Kiminini

Constituency, Trans Nzoia County.
The school invites bids from Interested and Eligible bidders/Firms in the construction
industry.
Tenderers may inspect the site and obtain a complete set of tender documents
from the NG-CDF Kiminini office during normal working hours.
The details of the tender are as follows:
S/N Tender No. Project Activity Description Eligibilit

1.o. MoE/KIM- Big-Tree Proposed Construction As per the Bill of Openy
NG- Primary
of a storey tuition Quantities (BQ),
CDF/2023- School
24-25/ BT- block of six (6No.) Drawings,
PS(01)
classrooms with 3 Schedules &
classrooms on each Specifications
floor to completion Provided
The following mandatory requirements supported by valid copies of requisite
documents at submission will be considered for further evaluation:
1. Certificate of Incorporation or Registration.

2. CR12 Certificate for limited companies from the Registrar of Companies.
3. PIN/VAT Registration Certificate.
4. Tax Compliance Certificate.
5. National Construction Authority (NCA) -categories NCA6 and above.
6. NCA Annual Practising License
Celebrating 20 years of positively impacting lives

Cell: 0721210316
7. AGPO Certification (not mandatory)

8. Audited Accounts from a commercial bank for a period of three(3No.) years
i.e. 2022-2024
9. A Bid bond (tender security) of 2% of the bidder’s sum addressed & bound to
the client from a reputable bank or insurance company approved by the
Public Procurement Regulatory Authority and valid for 120 days from the
date of evaluation of bids.
10. Valid copy of the local operational license from the local county government
11. Proof of works undertaken of similar magnitude or above
12. A company Profile together with duly filled Standard Tender Documents
indicating:
I. Duly filled form of tender.
II. Duly filled out confidential business questionnaire.
III. Adequate equipment holding for the specified type of work.
IV. Key technical staff to be engaged.
V. Bank account in the name of the company
VI. Litigation history of the company (Both court and arbitration
cases).
VII. Declaration of the conflict of interest
VIII. Evidence of sound financial standing or access to bank credit.
A complete set of the tender documents shall be obtained from the Head
Teacher’s office or any other location within the school premises as directed upon
payment of the non-refundable fee of Kshs. 1,000 paid at collection.
A completed set of tender documents, in plain sealed envelopes, clearly marked
with the respective Tender Number, description and bearing the names and
addressed to:

Cell: 0721210316
A completed set of tender documents, in plain sealed envelopes, clearly marked

with the respective Tender Number, description and bearing the names and
addressed to:
THE HEAD OF INSTITUTION,

BIG-TREE PRIMARY SCHOOL,
P.O. BOX 670 -30200
KITALE.
The bids should be deposited in the Tender Box at the School premises on or before
Friday, 13TH December 2024 at 10.00 AM. The bids shall be opened immediately
thereafter in the presence of willing bidders/tenderers and/or their representatives who
choose to attend.
Fund Account Manager,

Kiminini NG-CDF
Cc:
1. THE FUND MANAGER,
THE NG-C.D.F KIMININI
P.O BOX 1683-30200,
KITALE.
2. THE DIRECTOR
MINISTRY OF EDUCATION
KIMININI SUB-COUNTY
P.O. BOX 4442- 30200
KITALE.

Cell: 0721210316
STANDARD TENDER DOCUMENT
PROPOSED CONSTRUCTION TO COMPLETION OF A STOREY TUITION

BLOCK OF SIX (6No.) CLASSROOMS WITH 3 CLASSROOMS ON EACH FLOOR
TO COMPLETION
FOR
TENDER NO.
MoE/KIM-NG-CDF/2023-24-25/BT-PS (01)
TABLE OF CONTENTS
INVITATION TO TENDER.................................................................................................................... V
APPENDIX TO THE PREFACE ......................................................................................................................vii
GUIDELINES FOR PREPARATION OF TENDER DOCUMENTS ................................................................ vii
2. PART 1 - TENDERING PROCEDURES ............................................................................................. vii

3. PART 2 - PROCUREMENT ENTITY'S REQUIREMENTS ................................................................... vii
4. PART 3 - CONDITIONS OF CONTRACT AND CONTRACT FORMS............................................. viii
INVITATION TO TENDER ........................................................................................................................ X
SECTION I - INSTRUCTIONS TO TENDERERS ...................................................................................... 1
A. General Provisions ...................................................................................................................... 1

1. Scope of Tender .................................................................................................................................... 1
2. Fraud and Corruption ...................................................................................................................... 1
3. Eligible Tenderers ............................................................................................................................. 1
4. Eligible Goods, Equipment, and Services.......................................................................................... 3
5. Tenderer's Responsibilities ............................................................................................................... 3
B. Contents of Tender Documents .................................................................................................... 3

6. Sections of Tender Document .......................................................................................................... 3
7. Site visit .......................................................................................................................................... 4
8. Pre-Tender Meeting ........................................................................................................................ 4
9. Clarification and amendment of Tender Documents ........................................................................ 5
10. Amendment of Tender Documents .................................................................................................. 5
C. Preparation of Tenders .................................................................................................................... 5

11. Cost of Tendering. .......................................................................................................................... 5
12. Language of Tender ............................................................................................................................. 5
13. Documents Comprising the Tender...................................................................................................... 5
14. Form of Tender and Schedules ........................................................................................................ 6
15. Alternative Tenders .............................................................................................................................. 6
16. Tender Prices and Discounts ............................................................................................................ 6
17. Currencies of Tender and Payment .................................................................................................. 7
18. Documents Comprising the Technical Proposal ............................................................................... 7
19. Documents Establishing the Eligibility and Qualifications of the Tenderer
20. Period of Validity of Tenders................................................................................................................ 8
21. Tender Security ............................................................................................................................... 8
22. Format and Signing of Tender ............................................................................................................. 9
D Sealing and Marking of Tenders ...................................................................................................... 9

23. Sealing and Marking of Tenders ........................................................................................................... 9
24. Deadline for Submission of Tenders .................................................................................................... 10
25. Late Tenders ........................................................................................................................................ 10
26. Withdrawal, Substitution, and Modification of Tenders ..................................................................... 10
27. Tender Opening ............................................................................................................................. 10
E. Evaluation and Comparison of Tenders ........................................................................................... 11

28. Confidentiality ................................................................................................................................ 11
29. Clarification of Tenders ........................................................................................................................11
30. Deviations, Reservations, and Omissions ........................................................................................ 12
31. Determination of Responsiveness ................................................................................................... 12
32. Non-material Non-conformities ..................................................................................................... 12
33. Arithmetical Errors ......................................................................................................................... 12
34. Conversion to Single Currency ....................................................................................................... 13
35. Margin of Preference and Reservations .......................................................................................... 13
36. Subcontractors ............................................................................................................................... 13
37. Evaluation of Tenders ......................................................................................................................... 13
38. Comparison of Tenders....................................................................................................................... 14
39. Abnormally Low Tenders .................................................................................................................... 14
40. Abnormally High Tenders ................................................................................................................... 14
41. Unbalanced and/or Front-Loaded Tenders ......................................................................................... 14
42. Qualifications of the Tenderer ........................................................................................................ 15
43. Best Evaluated Tender......................................................................................................................... 15
44. Procuring Entity's Right to Accept Any Tender, and to Reject Any or All Tenders .............................. 15
F. Award of Contract .....................................................................................................................15
45. Award Criteria ............................................................................................................................... 15

46. Notice of Intention to enter into a Contract................................................................................... 15
47. Standstill Period ............................................................................................................................. 16
48. Debriefing by the Procuring Entity .................................................................................................. 16
49. Letter of Award ........................................................................................................................................ 16
50. Signing of Contract ........................................................................................................................ 16
51. Appointment of Adjudicator .......................................................................................................... 16
52. Performance Security. .................................................................................................................... 16
53. Publication of Procurement Contract. ............................................................................................ 17
53. Procurement Related Complaints ................................................................................................... 17
SECTION II-TENDER DATA SHEET(TDS) ..............................................................................................18
SECTION III - EVALUATION AND QUALIFY ON CRITERIA ................................................................. 23

1. General Provisions ........................................................................................................................ 23
2. Preliminary examination for Determination of Responsiveness ...................................................... 23
3. Tender Evaluation (ITT 35) ........................................................................................................... 23
4. Multiple Contracts ........................................................................................................................ 23
5. Alternative Tenders (ITT 13.1)........................................................................................................ 24
6. Margin of Preference is not applicable .......................................................................................... 24
7. Post qualification and Contract award (ITT 39), more specifically .................................................. 24
SECTION IV – TENDERING FORMS ...................................................................................................... 25
QUALIFICATION FORMS. ..................................................................................................................... 28

1. Form Equ. Equipment ............................................................................................................... 28
2. Form per-1 ............................................................................................................................... 29
4. FORM PER-2:........................................................................................................................... 30
5. TENDERERS QUALIFICATION WITHOUT PRE-QUALIFICATION ................................................ 32

FORM ELI -1.1 ............................................................................................................................... 32
FORM ELI -1.2 .............................................................................................................................. 33
FORM CON – 2 ........................................................................................................................... 34
5.4 FORM FIN – 3.1: .......................................................................................................................... 36
5.5 FORM FIN – 3.2:.......................................................................................................................... 37
5.6 FORM FIN – 3.3:.......................................................................................................................... 38
5.7 FORM FIN – 3.4:.......................................................................................................................... 38
5.8 FORM EXP - 4.1 ............................................................................................................................ 39
5.9 FORM EXP - 4.2(a) ....................................................................................................................... 40
5.11 FORM EXP - 4.2(b) ....................................................................................................................... 41
OTHER FORMS ..................................................................................................................................... 42
6. FORM OF TENDER ...................................................................................................................... 42

a) TENDERER'S ELIGIBILITY- CONFIDENTIAL BUSINESS QUESTIONNAIRE ............................. 45
b) CERTIFICATE OF INDEPENDENT TENDER DETERMINATION ............................................ 48
c) SELF-DECLARATION FORM - SELF DECLARATION OF THE TENDERER .............................. 49
d) APPENDIX 1- FRAUD AND CORRUPTION .......................................................................... 52
7. FORM OF TENDER SECURITY - DEMAND BANK GUARANTEE................................................... 54

8. FORM OF TENDER SECURITY (INSURANCE GUARANTEE)......................................................... 55
9. FORM OF TENDER-SECURING DECLARATION .............................................................................. 56
10. APPENDIX TO TENDER................................................................................................................ 57
PART II - WORK REQUIREMENTS...................................................................................................... 58
SECTION V - DRAWINGS............................................................................................................................ 58
SECTION VI - SPECIFICATIONS ............................................................................................................. 58
SECTION VII - BILLS OF QUANTITIES.................................................................................................... 59
1. Objectives ............................................................................................................................ 59
2. Day work Schedule .............................................................................................................. 59
3. Provisional Sums .................................................................................................................. 59
4. The Bills of Quantities .......................................................................................................... 59
PART III-CONDITIONS OF CONTRACT AND CONTRACT FORMS ..................................................... 60
SECTION VIII - GENERAL CONDITIONS OF CONTRACT ..................................................................... 60
A. General
1. Definitions ............................................................................................................................. 61
2. Interpretation ........................................................................................................................ 61
3. Language and Law................................................................................................................ 62
4. Project Manager's Decisions .................................................................................................. 63
5. Delegation ........................................................................................................................... 63
6. Communications .................................................................................................................. 63
7. Subcontracting..................................................................................................................... 63
8. Other Contractors ................................................................................................................ 63
9. Personnel and Equipment ..................................................................................................... 63
10. Procuring Entity's and Contractor's Risks ............................................................................... 63
11. Procuring Entity's Risks ......................................................................................................... 63
12. Contractor's Risks ................................................................................................................. 64
13. Insurance.............................................................................................................................. 64
14. Site Data .............................................................................................................................. 64
15. Contractor to Construct the Works ............................................................................................... 64
16. The Works to Be Completed by the Intended Completion Date ........................................... 64
17. Approval by the Project Manager......................................................................................... 64
18. Safety ................................................................................................................................... 65
19. Discoveries ........................................................................................................................... 65
20. Possession of the Site ............................................................................................................ 65
21. Access to the Site .................................................................................................................. 65
22. Instructions, Inspections and Audits ...................................................................................... 65
23. Appointment of the Adjudicator ........................................................................................... 65
24. Settlement of Claims and Disputes ........................................................................................ 66
25. Fraud and Corruption .......................................................................................................... 68
B. Time Control ................................................................................................................................ 68

1. Program ............................................................................................................................... 68
2. Extension of the Intended Completion Date ......................................................................... 69
3. Acceleration ......................................................................................................................... 69
4. Delays Ordered by the Project Manager ............................................................................... 69
5. Management Meetings ......................................................................................................... 69
6. Early Warning............................................................................................................................ 70
C. Quality Control ........................................................................................................................ 69
1. Identifying Defects ......................................................................................................................... 69
2. Tests .......................................................................................................................................................... 69
3. Correction of Defects ..................................................................................................................... 69
4. Uncorrected Defects ....................................................................................................................... 69
D. Cost Control............................................................................................................................. 70
1. Contract Price ................................................................................................................................ 70
2. Changes in the Contract Price......................................................................................................... 70
3. Variations ............................................................................................................................................ 71
4. Cash Flow Forecasts ....................................................................................................................... 72
5. Payment Certificates ....................................................................................................................... 72
6. Payments ....................................................................................................................................... 72
7. Compensation Events..................................................................................................................... 73
8. Tax................................................................................................................................................................... 73
9. Currency y of Payment .................................................................................................................. 73
10. Price Adjustment ............................................................................................................................ 73
11. Retention ....................................................................................................................................... 74
12. Liquidated Damages ....................................................................................................................... 74
13. Bonus ............................................................................................................................................ 74
14. Advance Payment .......................................................................................................................... 74
15. Securities ........................................................................................................................................ 75
16. Dayworks ...................................................................................................................................... 75
17. Cost of Repairs .............................................................................................................................. 75
E. Finishing the Contract ............................................................................................................... 75

1. Completion ................................................................................................................................... 75
2. Taking Over ................................................................................................................................... 75
3. Final Account ................................................................................................................................. 75
4. Operating and Maintenance Manuals............................................................................................. 75
5. Termination ................................................................................................................................... 76
6. Payment upon Termination............................................................................................................ 76
7. Property ........................................................................................................................................ 76
8. Release from Performance ............................................................................................................. 76
SECTION IX - SPECIAL CONDITIONS OF CONTRACT ........................................................................... 77

SECTION X - CONTRACT FORMS .......................................................................................................... 88
FORM No. 1 - NOTIFICATION OF INTENTION TO AWARD ............................................................................. 80

FORM No. 2 – REQUEST FOR REVIEW .................................................................................................. 83
FORM No. 3 - LETTER OF AWARD ........................................................................................................ 83
FORM No. 4 - CONTRACT AGREEMENT............................................................................................... 84
FORM No. 5 - PERFORMANCE SECURITY [Option 1 - Unconditional Demand Bank Guarantee] ........... 85
FORM No. 6- PERFORMANCE SECURITY [Option 2– Performance Bond] ............................................. 86
FORM No. 7- ADVANCE PAYMENT SECURITY ....................................................................................... 88
FORM No. 8- RETENTION MONEY SECURITY ...................................................................................... 87
FORM No. 9- BENEFICIAL OWNERSHIP DISCLOSURE FORM ............................................................... 87
INVITATION TO TENDER
1. PROCUREMENT ENTITY: BIG-TREE PRIMARY SCHOOL

P.O. BOX 770 -30200
KITALE, KENYA
2. TENDER NAME: PROPOSED CONSTRUCTION TO COMPLETION OF A STOREY
TUITION BLOCK OF SIX (6No.) CLASSROOMS WITH 3
CLASSROOMS ON EACH FLOOR TO COMPLETION
3. TENDER NO. MoE/KIM-NG-CDF/2023-24-25/BT-PS (01)

4. The Big-Tree Primary School invites sealed tenders for the construction of the proposed construction
to completion of a storey tuition block of six (6no.) classrooms with 3 classrooms on each
floor to completion
5. Tendering will be conducted under an open competitive method nationally a standardized tender
document. Tendering is open to all qualified and interested Tenderers.
6. Qualified and interested tenderers may obtain further information and inspect the Tender Documents
during office hours i.e. 0900 to 1500 hours at the address given below.
7. A complete set of tender documents may be purchased or obtained by interested tenders upon payment
of a non-refundable fees of Kshs. 1,000 in cash or Banker's Cheque and payable to the address given
below. Tender documents may be obtained electronically from the Website kiminini.ngcdf.go.ke
documents obtained electronically will be free of charge.
8. Tender documents may be viewed and downloaded for free from the website saboti.ngcdf.go.ke.
9. Tenders shall be quoted in Kenya Shillings and shall include all taxes. Tenders shall remain valid for 120
days from the date of opening of tenders.
10. All Tenders must be accompanied by a “tender Security” or “Tender-Securing Declaration,” of 2% of

the bidder’s tender sum
11. The Tenderer shall chronologically serialize all pages of the tender documents submitted.
12. Completed tenders must be delivered to the address below on or before Tuesday 13TH December 2024.
Electronic Tenders will not be permitted.
13. Tenders will be opened immediately after the deadline date and time specified above or any deadline
date and time specified later. Tenders will be publicly opened in the presence of the Tenderers'
designated representatives who choose to attend at the address below.
14. Late tenders will be rejected.
10. The addresses referred to above are:

P.O. BOX 670 -30200
KITALE, KENYA
A. Address for obtaining further information and for purchasing tender documents
Big-Tree Primary school

P.O. BOX 670 -30200
Kiminini Ward, Kiminini Constituency, Trans Nzoia County
B. Address for Opening of Tenders.
P.O. BOX 670 -30200
Name
Designation Signature Date

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.
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”
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
check whether the owners or controllers of the Tenderer are same as those that provided consulting
services.
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.
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
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.
3.11 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 the contract.
3.12 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.
3.13 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. 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
5. 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.
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.
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 .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.
6. 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.
7. 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.
8. 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.
9. 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
10. 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.
11. 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.
12. Documents Comprising the Tender
13.1 The Tender shall comprise the following:

a) Form of Tender
b) Schedules including priced Bill of Quantities
c) Tender Security or Tender-Securing Declaration
d) Authorization: written confirmation authorizing the signatory of the Tender to commit the
Tenderer
e) Qualifications: documentary evidence establishing the Tenderer's qualifications to perform the
Contract if its Tender is accepted;
f) Conformity: a technical proposal
g) Any other document required
13.2 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.
13. 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.
14. Alternative Tenders
15.1 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.
15.2 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.
15. 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 Tendershall 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
16.5 It will be specified 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.
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.
16. 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.
17. 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.
18. 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
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
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
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.
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.
19. Period of Validity of Tenders

20.1 Tenders shall remain valid for the Tender Validity period specified. The Tender Validity period starts
from the date fixed for the Tender submission deadline (as prescribed by the Procuring .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.
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.
20. 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 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.
21. 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
22. 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:
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.
23. 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.
24. 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.
25. 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.
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
26. 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.
27. 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 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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 the 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.
33. 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
b) converting the amount resulting from applying (a) and (b) above, if relevant, to a single
currency
c) price adjustment due to quantifiable nonmaterial non-conformities and
d) any additional evaluation factors, 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.
34. 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.
35. 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.
36. 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.
37. 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,
38. 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.
39. 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.
40. 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
41. 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.
42. 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;
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;
43. 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.
44. 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.
45. 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.
46. 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
47. 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.
48. 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.
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.
49. 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.
50. Procurement Related Complaints and Administrative Review
54.1 The procedures for making Procurement-related Complaints are as specified in the TDS.
54.2 A request for administrative review shall be made in the form provided under contract forms.
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.
ITT Reference PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS

A. General
1.1 The name of the contract is__________________________________________
__________________________________________________________________
__________________________________________________________________
The reference number of the Contract
is_______________________________________________________
B. Preparation of Tenders
2.1 The Tenderer shall submit the following additional documents in its Tender:
Certificate of Incorporation or Registration.
CR12 Certificate for limited companies from the Registrar of
Companies.
PIN/VAT Registration Certificate.
Tax Compliance Certificate.
National Construction Authority (NCA) -categories
NCA6 and above.
NCA Annual Practicing License
AGPO Certification (not mandatory)
Audited Accounts from a commercial bank for a period
of three(3No.) years i.e. 2022-2024
A Bid bond (tender security)
A valid copy of the local operational license from the local
county government
Proof of works undertaken of similar magnitude or
above
A company Profile
2.2 The prices quoted by the Tenderer shall be: fixed
2.3 The Tender validity period shall be: seven (7No)
2.4 A Tender Security of 2% of tender sum shall be required.
2.5 In addition to the original of the Tender, the number of copies is: one
(1No)
C. Submission and Opening of Tenders
3.1 (A) For Tender submission purposes only, the Procuring Entity’s address is:
P.O. BOX 670 -30200
(4) Date and time for submission of Tenders: Friday 29.11.2024 at 10:00
AM
(5) Tenders shall not submit tenders electronically.

3.2 The Tender opening shall take place at the time and the address for the
Opening of Tenders provided above, 3.1
D. Evaluation, and Comparison of Tenders
ITT Reference PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
4.1 The adjustment shall be based on the average 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.
4.2 At this time, Central Primary School PMC does not intend to execute certain
specific parts of the Works by subcontractors selected in advance.
SECTION III - EVALUATION AND QUALIFICATION CRITERIA
1. General Provisions
Wherever a Tenderer is required to state a monetary amount, Tenderers should indicate the Kenya
Shilling equivalent using the rate of exchange determined as follows:
a) For construction turnover or financial data required for each year - Exchange rate prevailing on the
last day of the respective calendar year (in which the amounts for that year is to be converted)
was originally established.
b) Value of single contract - Exchange rate prevailing on the date of the contract signature.
c) Exchange rates shall be taken from the publicly available source identified in the ITT 14.3. Any
error in determining the exchange rates in the Tender may be corrected by the Procuring Entity.
This section contains the criteria that the Employer shall use to evaluate tender and qualify tenderers.
No other factors, methods or criteria shall be used other than specified in this tender document. The
Tenderer shall provide all the information requested in the forms included in Section IV, Tendering
Forms. The Procuring Entity should use the Standard Tender Evaluation Document for Goods and Works
for evaluating Tenders.
Evaluation and contract award Criteria
The Procuring Entity shall use the criteria and methodologies listed in this Section to evaluate tenders
and arrive at the Lowest Evaluated Tender. The tender that (i) meets the qualification criteria, (ii) has
been determined to be substantially responsive to the Tender Documents, and (iii) is determined to
have the Lowest Evaluated Tender price shall be selected for award of contract.
2. Preliminary examination for Determination of Responsiveness
The Procuring Entity will start by examining all tenders to ensure they meet in all respects the eligibility
criteria and other requirements in the ITT, and that the tender is complete in all aspects in meeting the
requirements of “Part 2 – Procuring Entity's Works Requirements”, including checking for tenders with
unacceptable errors, abnormally low tenders, abnormally high tenders and tenders that are front
loaded. The Standard Tender Evaluation Report Document for Goods and Works for evaluating
Tenders provides very clear guide on how to deal with review of these requirements. Tenders that do
not pass the Preliminary Examination will be considered irresponsive and will not be considered further.
3. Alternative Tenders
The Procuring Entity shall consider Tenders offered for alternatives as specified. Only the technical
alternatives, if any, of the Tenderer with the Best Evaluated Tender conforming to the basic technical
requirements shall be considered by the Procuring Entity.
4. Post qualification and Contract award (ITT 39), more specifically,

a) History of non-performing contracts:
Tenderer and each member of JV in case the Tenderer is a JV, shall demonstrate that Non-
performance of a contract did not occur because of the default of the Tenderer, or the member of
a JV in the last (specify years). The required information shall
be furnished in the appropriate form.
b) Pending Litigation
Financial position and prospective long-term profitability of the Single Tenderer, and in the case
the Tenderer is a JV, of each member of the JV, shall remain sound according to criteria
established with respect to Financial Capability under Paragraph (i) above if all pending litigation
will be resolved against the Tenderer. Tenderer shall provide information on pending litigations in
the appropriate form.
c) Litigation History
There shall be no consistent history of court/arbitral award decisions against the Tenderer, in the
last (specify years). All parties to the contract shall furnish
the information in the appropriate form about any litigation or arbitration resulting from contracts
completed or ongoing under its execution over the years specified. A consistent history of awards
against the Tenderer or any member of a JV may result in rejection of the tender.
5. QUALIFICATION FORM SUMMARY
1 2 3 4
Item Qualification Subject Qualification Requirement For Procuring Entity’s Use
No. (Qualification met or Not Met)
1 Nationality Nationality
2 Tax Obligations for Kenyan Has produced a current tax clearance certificate or tax exemption
Tenderers certificate issued by the Kenya Revenue Authority
3 Conflict of Interest No conflicts of interest
4 PPRA Eligibility Not having been declared ineligible by the PPRA
5 State- owned Enterprise Meets conditions
6 Goods, equipment and services to be To have their origin in any country that is not determined
supplied under the contract
7 History of Non-Performing Contracts Non-performance of a contract did not occur as a result of
contractor default since 1st January 2022
8 Suspension Based on Execution of Not under suspension based on execution of a Tender/Proposal
Tender/Proposal Securing Declaration Securing Declaration
by the Procuring Entity
9 Pending Litigation Tender’s financial position and prospective long-term profitability
still sound according to criteria established in 3.1 and assuming
that all pending litigation will NOT be resolved against the
Tenderer.
10 Litigation History No consistent history of court/arbitral award decisions against the
Tenderer since 1st January 2022
11 Financial Capabilities (i) The Tenderer shall demonstrate that it has access to, or has
available, liquid assets, unencumbered real assets, lines of credit,
and other financial means (independent of any contractual
advance payment) sufficient to meet the construction cash flow
requirements estimated as Kenya Shillings [insert amount]
equivalent for the subject contract(s) net of the Tenderer’s other
commitments.
(ii) The Tenderers shall also demonstrate, to the satisfaction of
the Procuring Entity, that it has adequate sources of finance to
meet the cash flow requirements on works currently in progress
and for future contract commitments.
(iii) The audited balance sheets or, if not required by the laws of
the Tenderer’s country, other financial statements acceptable to
the Procuring Entity, for the last [insert number of years] years
shall be submitted and must demonstrate the current soundness
of the Tenderer’s financial position and indicate its prospective
1 2 3 4
Item Qualification Subject Qualification Requirement For Procuring Entity’s Use
No. (Qualification met or Not Met)
long-term profitability.
12 Average Annual Construction Minimum average annual construction turnover of Kenya
Turnover Shillings ____________________ equivalent calculated as total
certified payments received for contracts in progress and/or
completed within the last 3 years
13 General Construction Experience Experience under construction contracts in the role of prime
contractor, JV member, sub-contractor, or management
contractor for at least the last 3 years, starting 1st January 2022
14 Specific Construction & Contract A minimum number of 3 similar contracts specified below that
Management Experience have been satisfactorily and substantially completed as a prime
contractor, joint venture member, management contractor or
sub-contractor between 1st January 2022 and tender submission
deadline
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.
Item of equipment
Equipment Name of manufacturer Model and power rating

information
Capacity Year of manufacture
Current status Current location
Details of current commitments
Source Indicate source of the equipment

 Owned  Rented  Leased  Specially manufactured
Omit the following information for equipment owned by the Tenderer.
Owner Name of owner

Address of owner
Telephone Contact name and title

Fax Telex
Agreements Details of rental / lease / manufacture agreements specific to the project
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
1. Title of position: Contractor’s Representative

Name of candidate:
Duration of
appointment:
Time commitment: for
this position:
Expected time
schedule for this
position:
2. Title of position:
Name of candidate:
Duration of
appointment:
this position:
Expected time
schedule for this
position:
Name of candidate:
Duration of
appointment:
this position:
Expected time
schedule for this
position:
Name of candidate:
Duration of
appointment:
this position:
Expected time
schedule for this
position:
Name of candidate
Duration of
appointment:
this position:
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.
Name of Tenderer
Position [#1]:
Personnel Name: Date of birth:
information
Address: E-mail:
Professional qualifications:
Academic qualifications:
Language proficiency:
Details
Address of Procuring Entity:
Telephone: Contact (manager / personnel

officer):
Fax:
Job title: Years with present Procuring Entity:
Summarize professional experience in reverse chronological order. Indicate particular technical and managerial
experience relevant to the project.
Duration of
Project Role Relevant experience
involvement
[main [role and
[describe the experience relevant to this
project responsibilities on the [time in role]
position]
details] project]
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:
Commitment Details
Commitment to duration of
contract:
Time commitment:
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):

4. TENDERER’S 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.
4.1 FORM ELI -1.1
Tenderer Information Form

Date: _________________
ITT No. and title: _________________
Tenderer's name
In case of Joint Venture (JV), name of each member:
Tenderer's actual or intended country of registration:
[indicate country of Constitution]
Tenderer's actual or intended year of incorporation:
Tenderer's legal address [in country of registration]:
Tenderer's authorized representative information

Name: _____________________________________
Address: ___________________________________
Telephone/Fax numbers: _______________________
E-mail address: ______________________________
1. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
documents of registration of the legal entity named above, in accordance with ITT 3.6
 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITT 3.5
 In case of state-owned enterprise or institution, in accordance with ITT 3.8, documents
establishing:
 Legal and financial autonomy
 Operation under commercial law
 Establishing that the Tenderer is not under the supervision of the Procuring Entity
2. Included are the organizational chart and a list of Board of Directors.
4.2 FORM ELI -1.2
Tenderer's JV Information Form

(to be completed for each member of Tenderer’s JV)
Date: _______________
ITT No. and title: __________________
Tenderer’s JV name:
JV member’s name:
JV member’s country of registration:
JV member’s year of constitution:
JV member’s legal address in country of constitution:
JV member’s authorized representative information

Name: ____________________________________
Address: __________________________________
Telephone/Fax numbers: _____________________
E-mail address: _____________________________
1. Attached are copies of original documents of

 Articles of Incorporation (or equivalent documents of constitution or association), and/or
registration documents of the legal entity named above, in accordance with ITT 3.6.
 In case of a state-owned enterprise or institution, documents establishing legal and financial
autonomy, operation in accordance with commercial law, and that they are not under the
supervision of the Procuring Entity, in accordance with ITT 3.8.
2. Included are the organizational chart and a list of Board of Directors.

4.3 FORM CON – 2
Historical Contract Non-Performance, Pending Litigation and Litigation History
Tenderer’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ITT No. and title: ___________________________
Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria
 Contract non-performance did not occur since 1st January [insert year] specified in Section III,
Evaluation and Qualification Criteria, Sub-Factor 2.1.
 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and
Qualification Criteria, requirement 2.1
Year Non- Contract Identification Total Contract

performed Amount (current
portion of value, currency,
contract exchange rate and
Kenya Shilling
equivalent)
[insert [insert amount Contract Identification: [insert amount]
year] and percentage]
Name of Procuring Entity:
Reason(s) for nonperformance:

Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria
 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria,
Sub-Factor 2.3.
 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.3 as indicated below.
Year of Amount in dispute Contract Identification Total Contract

dispute (currency) Amount (currency),
Kenya Shilling
Equivalent (exchange
rate)
Contract Identification: _________
____________
__________
Matter in dispute: ______________
Party who initiated the dispute: ____
Status of dispute: ___________
Contract Identification:
Matter in dispute:
Party who initiated the dispute:
Status of dispute:
Litigation History in accordance with Section III, Evaluation and Qualification Criteria
 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria,
Sub-Factor 2.4.
 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.4 as indicated below.
Year of Outcome as Contract Identification Total Contract
award percentage of Net Amount (currency),
Worth Kenya Shilling
Equivalent
(exchange rate)
[insert [insert percentage] Contract Identification: [indicate [insert amount]
year] complete contract name, number, and
any other identification]
Matter in dispute:
Party who initiated the dispute:
Reason(s) for Litigation and award decision
4.4 FORM FIN – 3.1:
Financial Situation and Performance
Tenderer’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ITT No. and title: ___________________________
4.4.1. Financial Data
Type of Financial information Historic information for previous _________years,

in___________________ ______________
(currency) (amount in currency, currency, exchange rate*, USD equivalent)
Year 1 Year 2 Year 3 Year 4 Year 5
Statement of Financial Position (Information from Balance Sheet)
Total Assets (TA)
Total Liabilities (TL)
Total Equity/Net Worth (NW)
Current Assets (CA)
Current Liabilities (CL)

Type of Financial information Historic information for previous _________years,
in___________________ ______________
(currency) (amount in currency, currency, exchange rate*, USD equivalent)
Year 1 Year 2 Year 3 Year 4 Year 5
Working Capital (WC)
Information from Income Statement
Total Revenue (TR)
Profits Before Taxes (PBT)
Cash Flow Information
Cash Flow from Operating

Activities
*Refer to ITT 15 for the exchange rate
4.4.2 Sources of Finance
Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract
commitments.
No. Source of finance Amount (Kenya Shilling equivalent)

1
4.4.3 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
.
4.5 FORM FIN – 3.2:
Average Annual Construction Turnover
Tenderer’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ITT No. and title: ___________________________
Annual turnover data (construction only)

Year Amount Exchange rate Kenya Shilling equivalent
Currency
[indicate year] [insert amount and indicate
currency]
Average
Annual
Construction
Turnover *
* See Section III, Evaluation and Qualification Criteria, Sub-Factor 3.2.
4.6 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
Financial Resources
Source of financing Amount (Kenya Shilling
No.
equivalent)
1
3
4.7 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.
Current Contract Commitments

Value of Outstanding Work Estimated Average Monthly
Name of N Procuring Entity’s [Current Kenya Shilling Completion Invoicing Over Last Six
Contract o Contact Address, Tel, /month Equivalent] Date Months
. [Kenya Shilling
/month)]
1
2
3
4
5
4.8 FORM EXP - 4.1
General Construction Experience
Tenderer’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ITT No. and title: ___________________________
Page _______________of ______________pages
Starting Ending Contract Identification Role of

Year Tenderer
Year
Contract name: ____________________

Brief Description of the Works performed by the
Tenderer: _____________________________
Amount of contract: ___________________
Name of Procuring Entity: ____________________
Address: _____________________________
Contract name: _________________________
Tenderer: _____________________________
Name of Procuring Entity: ___________________
Address: _________________________
Contract name: ________________________
Tenderer: __________________________
Name of Procuring Entity: ___________________
Address: _________________________
4.9 FORM EXP - 4.2(a)
Specific Construction and Contract Management Experience
Tenderer’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ITT No. and title: ___________________________
Similar Contract No. Information
Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management Sub-
Contractor  JV Contractor contractor
  
Total Contract Amount Kenya Shilling
If member in a JV or sub-contractor,
specify participation in total
Contract amount
Procuring Entity's Name:
Address:
Telephone/fax number
E-mail:
4.10 FORM EXP - 4.2 (a) (cont.)
Specific Construction and Contract Management Experience (cont.)
Similar Contract No. Information
Description of the similarity in

accordance with Sub-Factor 4.2(a) of
Section III:
1. Amount
2. Physical size of required works
items
3. Complexity
4. Methods/Technology
5. Construction rate for key
activities
6. Other Characteristics
4.11 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
1. Key Activity No One: _

_______________________
Information
Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management Sub-
Contractor JV Contractor contractor
   
Total Contract Amount Kenya Shilling
Quantity (Volume, number or rate of Total quantity in Percentage Actual
production, as applicable) performed the contract participation Quantity
under the contract per year or part of (i) (ii) Performed
the year (i) x (ii)
Year 1
Year 2
Year 3
Year 4
Procuring Entity’s Name:
Address:
Telephone/fax number
E-mail:
Information
Description of the key activities in

accordance with Sub-Factor 4.2(b) of
Section III:
OTHER FORMS
5. FORM OF TENDER
Date of this Tender submission:…………………………………………………………………………..…
Tender Name: ……………………………………………………….………………………………………...…
Tender Number: ……………………………………………………….………………………………………...…
To: ................... …………………………………….………………………………................. ……………….
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_____________________________ [In
Words]_________________________________________________ ________________________________
2. We undertake, if our tender is accepted, to commence the Works as soon as is reasonably possible after
the receipt of the 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
ii) Eligibility: We meet the eligibility requirements and have no conflict of interest
iii) Tender-Securing Declaration: We have not been suspended nor declared ineligible by the Procuring
Entity based on execution of a Tender-Securing or Proposal-Securing Declaration in the
Procuring Entity's Country
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].
Name of Address Reason Amount
Recipient
(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;
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 to accept the contract if awarded. To this effect, we have signed the “Certificate of
Independent Tender Determination” attached below.
xx) We undertake to adhere to the Code of Ethics for Persons Participating in Public Procurement
and Asset Disposal, during the procurement process and the execution of any resulting contract.
xxi) Beneficial Ownership Information: We commit to provide to the procuring entity the Beneficial
Ownership Information in conformity with the Beneficial Ownership Disclosure Form upon
receipt of notification of intention to enter into a contract in the event we are the successful
tenderer in this subject procurement proceeding.
xxii) We, the Tenderer, have duly completed, signed, and stamped 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: __________________________________________________________________
Name of the person duly authorized to sign the Tender on behalf of the Tenderer:
________________________________________________________________________________________
Title of the person signing the Tender: _______________________________________________________

Signature of the person named above: _________________________________
Date signed __________________________________________________________________
Date signed day of ,

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
ITEM DESCRIPTION
1 Name of the Procuring Entity
2 Reference Number of the Tender
3 Date and Time of Tender Opening
4 Name of the Tenderer
5 Full Address and Contact Details of the 1. Country
Tenderer. 2. City
3. Location
4. Building
5. Floor
6. Postal Address
7. Name and email of contact person.
6 Current Trade License Registration Number
and Expiring date
7 Name, country and full address (postal and
physical addresses, email, and telephone
number) of Registering Body/Agency
8 Description of Nature of Business
9 Maximum value of business which the
Tenderer handles.
10 State if Tenders Company is listed in stock
exchange, give name and state which stock
exchange
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.

Names of Partners Nationality Citizenship % Shares owned
1
2
3
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.
Names of Director Nationality Citizenship % Shares owned

1
2
3
(e) DISCLOSURE OF INTEREST- Interest of the Firm in the Procuring Entity.
i) Are there any person/persons in …………… ……… Central Primary School who has/have an
interest or relationship in this firm? Yes/No………………………
If yes, provide details as follows.
Names of Person Designation in the Procuring Entity Interest or Relationship with Tenderer
1
2
3
ii) Conflict of interest disclosure

Type of Conflict Disclosure If YES provide details of the
YES OR NO relationship with Tenderer
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
Type of Conflict Disclosure If YES provide details of the
YES OR NO relationship with Tenderer
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.
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)
B. CERTIFICATE OF INDEPENDENTTENDER 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].

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

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

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……………......................………………….
Email…………………………………………............................................................…...................................
Name of the
Firm/Company…………………………….......................................................................................……
Date………………………………………………………..............................................…. (Company Seal/
Rubber Stamp where applicable)
Witness
Name ………………………………………………………....... Sign...................................................
Date……………………………………………………
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;
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.
c) Rejects a proposal for award1 of a contract if PPRA determines that the firm or individual
recommended 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.
FORM OF TENDER SECURITY-[Option 1–Demand Bank Guarantee]
Beneficiary:
Request for Tenders No:
Date:
TENDER GUARANTEE No.:
Guarantor:
1. We have been informed that (here inafter called "the Applicant") has
submitted or will submit to the Beneficiary its Tender (here inafter called" the Tender") for the execution
of under Request for Tenders No.
2. Furthermore, we understand that, according to the Beneficiary's conditions, Tenders must be

supported by a Tender guarantee.
3. 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 there to provided by the Applicant, (i) has failed to execute the contract
agreement, or (ii) has failed to furnish the Performance.
4. 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) thirty days
after the end of the Tender Validity Period.
5. 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)]
FORMAT OF TENDER SECURITY [Option 2–Insurance Guarantee]
TENDER GUARANTEE No.:
1. Whereas ………… [Name of the tenderer] (hereinafter called “the tenderer”) has submitted its tender
dated ……… [Date of submission of tender] for the …………… [Name and/or description of the
tender] (hereinafter called “the Tender”) for the execution of under Request for Tenders No.
(“the ITT”).
2. KNOW ALL PEOPLE by these presents that WE ………………… of ………… [Name of Insurance
Company] having our registered office at …………… (hereinafter called “the Guarantor”), are bound
unto …………….. [Name of Procuring Entity] (hereinafter called “the Procuring Entity”) in the
sum of ………………… (Currency and guarantee amount) for which payment well and truly to be
made to the said Procuring Entity, the Guarantor binds itself, its successors and assigns, jointly and
severally, firmly by these presents.
Sealed with the Common Seal of the said Guarantor this ___day of ______ 20 __.
3. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Applicant:
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 Tendering
document.
then the guarantee 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. 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.
5. Consequently, any demand for payment under this guarantee must be received by us at the
office indicated above on or before that date.
_________________________ ______________________________
[Date ] [Signature of the Guarantor]
_________________________ ______________________________
[Witness] [Seal]
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

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.
7. 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.
SECTION VII- BILLS OF QUANTITIES
REPUBLIC OF KENYA
KIMININI NG-CONSTITUENCY DEVELOPMENT

FUND
BILLS OF QUANTITY
PROPOSED CONSTRUCTION OF A SIX CLASSROOMED

ONE STOREY TUITION BLOCK AT BIG-TREE PRIMARY
SCHOOL
TENDER NO: ………………………………………………
ISSUED BY
STATE DEPERTMENT OF PUBLIC WORKS
SUBREGIONAL WORKS OFFICE
KIMININI CONSTITUENCY, TRANS-NZOIA COUNTY

P.O. BOX 1683-30200 KITALE
Closing Date: …………………………………
Closing Time: …………………………………

REPUBLIC OF KENYA
MINISTRY OF PUBLIC WORKS
BILLS OF QUANTITIES
PROPOSED CONSTRUCTION OF A SIX CLASSROOMED

ONE STOREY TUITION BLOCK WITH
THREE CLASSROOMS ON EACH FLOOR
AT
IN
KIMININI WARD
KIMININI CONSTITUENCY
Issued by:
SUB COUNTY WORKS OFFICER
STATE DEPARTMENT OF PUBLIC WORKS
P.O.BOX 1683-30200
KITALE
SPECIAL NOTES
The contractor is required to check the number of pages of these Bills of quantities and should he find any missing or
duplicate or figures indistinct, he must inform the sub county works officer, State Department of public Works, KIMININI
sub county, in TRANS-NZOIA County at once and have same rectified.
Further, should the contractor be in doubt about the precise meaning of any item or figure for reason any whatsoever, he must
inform the sub county works officer, State department of public works, KIMININI sub county, in TRANS-NZOIA county at
once and have the same rectified, in order that correct meaning may be decided before the Date of submission of tenders.
No liability will be admitted nor claim allowed in respect of the errors in the contractors tender due to mistakes in the
specification that should have been rectified in the manner describe above.
BILLS OF QUANTITY FOR THE PROPOSED CONSTRUCTION OF A SIX CLASSROOMED ONE STOREY
TUITION BLOCK AT BIG-TREE PRIMARY SCHOOL
ITEM DESCRIPTION AMOUNT CTS

IN (KHS)
BILL NO;1
GENERAL PRELIMINARIES
A PRICING OF ITEMS OF PRELIMINARIES AND PREAMBLES

Prices will be inserted against items of Preliminaries in the Contractor's priced -- --
Bills of Quantities and Specification.
The Contractor shall be deemed to have included in his prices or rates for the -- --
various items in the Bills of Quantities or Specification for all costs involved
in complying with all the requirements for the proper execution of the whole
of the works in the Contract.
Failure to price an item shall not exempt the contractor form carrying out -- --
works described therein.
Should the contractor fail to carry out works which he/she did not price and -- --
after having received a written instruction from the PM, then the value of such
works shall be deducted from the very immediate certificate issued to the
contractor.
B MoPW current rates, JBC, IQSK, manufacturers or fair rates shall be

used by the PM in valuation of an priced items which the contractor shall
fail to execute.
The contractor is advised to read and understand all preliminary items. -- --
The Contractor is advised to visit the site, to familiarize with the nature and
position of the site. No claims arising from the Contractor’s failure to do so
will be entertained.
C FIRM PRICE CONTRACT

Unless otherwise specifically stated in the Contract Data and/or Particular -- --
preliminaries this is a firm price contract and the contractor must allow in his
tender rates for any increase in the cost of labor and/or materials during the
currency of the contract.
D VISIT SITE AND EXAMINE DRAWINGS.

The Contractor is recommended to examine the drawings and visit the site the 50,000 00
location of which is described in the Particular Preliminaries hereof. He shall
be deemed to have acquainted himself therewith as to its nature, position,
means of access or any other matter which may affect his tender. No claim
arising from his failure to comply with this recommendation will be
considered.
Total Carried To Collection 50,000 00

BQs:- PROPOSED CONSTRUCTION OF SIX CLASSROOMED ONE STOREY TUITION BLOCK
FOR BIG-TREE PRIMARY SCHOOL.
IN (KHS)
A BONDS.
The Contractor shall find and submit on the Form of Tender a guarantor and who will -- --
be willing to be bound the Government in the amount of the bond.
The amount of the bond is as specified in the tender document or particular
preliminaries section
The guarantor shall be an approved institution as specified in the particular -- --
preliminaries or invitation to tender and who will when and if called upon, sign a
Bond to that effect on the relevant standard form included herein. (without the
addition of any limitations) on the same day as the Contract Agreement is signed, by
the Government, the Contractor shall furnish within seven days another Surety to the
approval of the Government.
B PERFORMANCE BOND
10% Performance bond shall be required from the successful bidder 150,000 00
The period for supplying the bond shall be 14 days after received letter of award. -- --
No contract shall be signed, NOR shall any payment be made before the bidder has -- --
complied with the bond requirements
Failure to deliver the bond within the specified period shall automatically disqualify -- --
the bidder and the tender shall be awarded to next most responsive bidder without
reference to the defaulting bidder.
Should the bidder commence works and subsequently fail to provide the bond, he
shall be evicted from site without any reimbursement notwithstanding the site having
been handed over by the PM and client. The handing over only kick starts the process
and is not a waiver to bond conditions.
The bond for the due performances of the Contract shall be valid up to the date of -- --
completion as certified by the Project Manager
Any bond which provides otherwise or attempts to vary the duration of validity shall -- --
be invalid
The bond shall comply in all respects with the PPOA copy enclosed in the instructions -- --
to tender. A bond that does not match the PPOA copy shall be treated as NO BOND
The contractor shall provide a bid security duly signed, sealed and stamped from an -- --
approved Bank of required amount in the particular preliminaries

IN (KHS)
A EXCEPTION TO THE STANDARD METHOD OF MEASUREMENT
Attendance ; Clause B19(a) of the Standard Method of Measurement is deleted and -- --

the following clause is substituted:-
Attendance on nominated Sub-Contractors shall be given as an item in each case shall -- --

be deemed to include: allowing use of standing scaffolding, mess rooms, sanitary
accommodation and welfare facilities; provision of special scaffolding where
necessary; providing space for office accommodation and for storage of plant and
materials; providing light and water for their work: clearing away rubbish; unloading
checking and hoisting: providing electric power and removing and replacing duct
covers, pipe casings and the like necessary for the execution and testing of Sub-
Contractors' work and being responsible for the accuracy of the same.
B Fix Only:-
"Fix Only" shall mean take delivery at nearest railway station (Unless otherwise -- --
stated), pay all demurrage charges, load and transport to site where necessary, unload,
store, unpack, assemble as necessary, distribute to position, hoist and fix only.
C ABBREVIATIONS
Throughout these Bills units of measurement and terms are abbreviated and shall be -- --
interpreted as follows:-
CM or Cm Shall mean cubic meter
SM or Sm Shall mean square meter
LM or Lm Shall mean linear meter
MM or mm Shall mean Millimeter
KG or Kg. Shall mean Kilogramme
No or Nr Shall mean Number
PRS or Prs. Shall mean Pairs
"B.S. Shall mean the British Standard Specification
Published by the British Standards Institution,
2 Park Street, London W.I England"
M.S. Shall mean measured separately
"Ditto shall mean the whole of the preceding description
except as qualified in the description in which it occurs."
"Do shall mean the whole of the preceding description
except as qualified in the description in which it occurs."
a.b. Shall mean as before described
a.b.d. Shall mean as before described
Total Carried To Collection -- --

IN (KHS)
A EMPLOYER
The “Employer” is -- --
AS DEFINED UNDER PARTICULAR PRELIMINARIES
Project Manager shall be -:

The term "P.M." wherever used in these Bills of Quantities shall be deemed to imply -- --
the Project Manager as defined in Condition 1 of the Conditions of Contract or such
person or persons as may be duly authorized to represent him on behalf of the
Government.
-- --
In this Project, the PM shall be -:
B ARCHITECT
"The term ""The Architect "" wherever used in these Bills of Quantities shall be -- --
deemed to mean;
"
C QUANTITY SURVEYOR
"The term ""Quantity Surveyor"" wherever used hereinafter and in all contract -- --
documents shall mean
"
D CIVIL/STRUCTURAL ENGINEERS
"The term ""Civil/Structural Engineers"" wherever used herein after and in all contract -- --
documents shall mean
"
E MECHANICAL/ELECTRICAL ENGINEERS
"The term ""Mechanical/Electrical Engineers"" wherever used herein after and in all -- --
contract documents shall mean
"

IN (KHS)
A PLANT, TOOLS AND VEHICLES
Allow for providing all scaffolding, plant, tools and vehicles required for the works 50,000 00
except in so far as may be stated otherwise herein and except for such items
specifically and only required for the use of nominated Sub-Contractors as described
herein. No timber used for scaffolding, formwork or temporary works of any kind
shall be used afterwards in the permanent work.
B TRANSPORT.
Allow for transport of workmen, materials, etc., to and from the site at such hours and 160,000 00
by such routes as may be permitted by the competent authorities.
C MATERIALS AND WORKMANSHIP.
All materials and workmanship used in the execution of the work shall be of the best -- --
quality and description unless otherwise stated. The Contractor shall order all
materials to be obtained from overseas immediately after the Contract is signed and
shall also order materials to be obtained from local sources as early as necessary to
ensure that they are onsite when required for use in the works. The Bills of Quantities
shall not be used for the purpose of ordering materials.
E SIGN FOR MATERIALS SUPPLIED.
The Contractor will be required to sign a receipt for all articles and materials supplied -- --
by the Project Manager at the time of taking deliver thereof, as having received them
in good order and condition, and will thereafter be responsible for any loss or damage
and for replacements of any such loss or damage with articles and/or materials which
will be supplied by the Project Manager at the current market prices including
Customs Duty and V.A.T., all at the Contractor's own cost and expense, to the
satisfaction of the Project Manager
F STORAGE OF MATERIALS
The Contractor shall provide at his own risk and cost where directed on the site 50,000 00
weather proof lock-up sheds and make good damaged or disturbed surfaces upon
completion to the satisfaction of the Project Manager Nominated Sub-Contractors are
to be made liable for the cost of any storage accommodation provided especially for
their use.

IN (KHS)
A SAMPLES
The Contractor shall furnish at his own cost any samples of materials or workmanship 100,000 00
including concrete test cubes required for the works that may be called for by the
Project Manager for his approval until such samples are approved by the Project
Manager and the Project Manager, may reject any materials or workmanship not in his
opinion to be up to approved samples. The Project Manager shall arrange for the
testing of such materials as he may at his discretion deem desirable, but the testing
shall be made at the expense of the Contractor and not at the expense of the Project
Manager PROVIDED THEY PASS THE TEST. The Contractor shall pay for the
testing in accordance with the current scale of testing charges laid down by the
Ministry of Public Works.
The procedure for submitting samples of materials for testing and the method of -- --
marking for identification shall be as laid down by the Project Manager The
Contractor shall allow in his tender for such samples and tests except those in
connection with nominated sub-contractors' work.
Samples of paint, carpets, curtains & covers, tiles & timber shall be required for -- --
approval by the PM together with the employer.
No alternte rate shall be offered on account that the employer has chosen a superior -- --
finish unless the bidder had attached the sample he priced.
B PUBLIC AND PRIVATE ROADS.
Maintain as required throughout the execution of the works and make good any -- --
damage to public or private roads arising from or consequent upon the execution of
the works to the satisfaction of the local and other competent authority and the Project
Manager
C EXISTING PROPERTY.
The Contractor shall take every precaution to avoid damage to all existing property -- --
including roads, cables, drains and other services and he will be held responsible for
and shall make good all such damage arising from the execution of this contract at his
own expense to the satisfaction of the Project Manager
D ACCESS TO SITE AND TEMPORARY ROADS.
Means of access to the Site shall be agreed with the Project Manager prior to -- --
commencement of the work and Contractor must allow for building any necessary
temporary access roads for the transport of the materials, plant and workmen as may
be required for the complete execution of the works including the provision of
temporary culverts, crossings, bridges, or any other means of gaining access to the
Site. Upon completion of the works, the Contractor shall remove such temporary
access roads; temporary culverts, bridges, etc., and make good and reinstate all works
and surfaces disturbed to the satisfaction of the Project Manager

IN (KHS)
A AREA TO BE OCCUPIED BY THE CONTRACTOR
The area of the site which may be occupied by the Contractor for use of storage and -- --
for the purpose of erecting workshops, etc., shall be defined on site by the Project
Manager
B SECURITY OF WORKS ETC.
The Contractor shall be entirely responsible for the security of all the works stores, -- --
materials, plant, personnel, etc., both his own and sub-contractors' and must provide
all necessary watching, lighting and other precautions as necessary to ensure security
against theft, loss or damage and the protection of the public.
C PROGRESS CHART.
The Contractor shall provide within two weeks of Possession of Site and in agreement -- --
with the Project Manager a Progress Chart for the whole of the works including the
works of Nominated Sub-Contractors ; one copy to be handed to the Project Manager
and a further copy to be retained on Site. Progress to be recorded and chart to be
amended as necessary as the work proceeds.
D INSURANCE
The Contractor shall insure as required in Conditions No. 30 of the Conditions of 100,000 00
Contract. No payment on account of the work executed will be made to the Contractor
until he has satisfied the Project Manager either by production of an Insurance Policy
or and Insurance Certificate that the provision of the foregoing Insurance Clauses have
been complied with in all respects. Thereafter the Project Manager shall from time to
time ascertain that premiums are duly paid up by the Contractor who shall if called
upon to do so, produce the receipted premium renewals for the Project Manager's
inspection.
E CONTRACTOR'S SUPERINTENDENCE/SITE AGENT
The Contractor shall constantly keep on the works a literate English speaking Agent or 80,000 00
Representative, competent and experienced in the kind of work involved who shall
give his whole experience in the kind of work involved and shall give his whole time
to the superintendence of the works. Such Agent or Representative shall receive on
behalf of the Contractor all directions and instructions from the Project Manager and
such directions shall be deemed to have been given to the Contractor in accordance
with the Conditions of Contract.

IN (KHS)
A PROVISIONAL WORK
All work described as "Provisional" in these Bills of Quantities is subject to -- --

measurement in order to ascertain the actual quantity executed for which payment will
be made. All "Provisional" and other work liable to adjustment under this Contract
shall left uncovered for a reasonable time to allow all measurements needed for such
adjustment to be taken by the Project Manager Immediately the work is ready for
measuring, the Contractor shall give notice to the Project Manager. If the Contractor
makes default in these respects he shall if the Project Manager so directs uncover the
work to enable all measurements to be taken and afterwards reinstate at his own
expense.
B PROVISIONAL SUMS.
The term "Provisional Sum" wherever used in these Bills of Quantities shall have the -- --
meaning stated in Section A item A7 (i) of the Standard Method of Measurement.
Such sums are net and no addition shall be made to them for profit.
C ADJUSTMENT OF PROVISIONAL SUMS.
In the final account all Provisional Sums shall be deducted and the value of the work -- --
properly executed in respect of them upon the Project Manager's order added to the
Contract Sum. Such work shall be valued, but should any part of the work be executed
by a Nominated Sub-Contractor, the value of such work or articles for the work to be
supplied by a Nominated Supplier, the value of such work or articles shall be treated
as a P.C. Sum and profit and attendance comparable to that contained in the priced
Bills of Quantities for similar items added.
D PRIME COST (OR P.C.) SUMS.
The term "Prime Cost Sum" or "P.C. Sum" wherever used in these Bills of Quantities -- --
shall have the meaning stated in Section A item A7 (ii) of the Standard Method of
Measurement. Persons or firms nominated by the Project Manager to execute work or
to provide and fix materials or goods are described herein as Nominated Sub-
Contractors. Persons or firms so nominated to supply goods or materials are described
herein as Nominated Suppliers.

IN (KHS)
A ADJUSTMENT OF P.C. SUMS.
In the final account all P.C. Sums shall be deducted and the amount properly -- --
expended upon the Project Manager'S order in respect of each of them added to the
Contract sum. The Contractor shall produce to the Project Manager such quotations,
invoices or bills, properly receipted, as may be necessary to show the actual details of
the sums paid by the Contractor. Items of profit upon P.C. Sums shall be adjusted in
the final account pro-rata to the amount paid. Items of "attendance" (as previously
described) following P.C. Sums shall be adjusted pro-rata to the physical extent of the
work executed (not pro-rata to the amount paid) and this shall apply even though the
Contractor's priced Bill shows a percentage in the rate column in respect of them.
Should the Contractor be permitted to tender and his tender be accepted of any work
for which a P.C. Sum is included in these Bill of Quantities profit and attendance will
be allowed at the same rate as it would be if the work were executed by a Nominated
Sub-Contractor.
B NOMINATED SUB-CONTRACTORS.
When any work is ordered by the Project Manager to be executed by nominated sub- -- --
contractors, the Contractor shall enter into sub-contracts and shall thereafter be
responsible for such sub-contractors in every respect. Unless otherwise described the
Contractor is to provide for such Sub-Contractors any or all of the facilities described
in these Preliminaries. The Contractor should price for these with the nominated Sub-
contract Contractor's work concerned in the P.C. Sums under the description "add for
Attendance".
C DIRECT CONTRACTS.
Notwithstanding the foregoing conditions, the Government reserves the right to place -- --
a "Direct Contract" for any goods or services required in the works which are covered
by a P.C. Sum in the Bills of Quantities and to pay for the same direct. In any such
instances, profit relative to the P.C. Sum the priced Bills of Quantities will be adjusted
as described for P.C. Sums and allowed.
D ATTENDANCE UPON OTHER TRADESMEN, ETC.
The Contractor shall allow for the attendance of trade upon trade and shall afford any -- --
tradesmen or other persons employed for the execution of any work not included in
this Contract every facility for carrying out their work and also for use of his ordinary
scaffolding. The Contractor, however, shall not be required to erect any special
scaffolding for them. The Contractor shall perform such cutting away for and making
good after the work of such tradesmen or persons as may be ordered by the Project
Manager and the work will be measured and paid for to the extent executed at rates
provided in these Bills.

IN (KHS)
A OFFICE ETC. FOR THE Project Manager

The Contractor shall provide, erect and maintain where directed on site and afterwards -- --
dismantle the site office of the type noted in the Particular Preliminaries, complete
with Furniture. He shall also provide a strong metal trunk complete with strong hasp
and staple fastening and two keys. He shall provide, erect and maintain a lock-up type
water or bucket closet for the sole use of the Project Manager including making
temporary connections to the drain where applicable to the satisfaction of Government
and Medical Officer of Health and shall provide services of cleaner and pay all
conservancy charges and keep both office and closet in a clean and sanitary condition
from commencement to the completion of the works and dismantle and make good
disturbed surfaces. The office and closet shall be completed before the Contractor is
permitted to commence the works. The Contractor shall make available on the Site as
and when required by the "Project Manager" a modern and accurate level together
with leveling staff, ranging rods and 50 metre metallic or linen tape.
B WATER AND ELECTRICITY SUPPLY FOR THE WORKS

The Contractor shall provide at his own risk and cost all necessary water, electric light 270,000 00
and power required for use in the works. The Contractor must make his own
arrangements for connection to the nearest suitable water main and for metering the
water used. He must also provide temporary tanks and meters as required at his own
cost and clear away when no longer required and make good on completion to the
entire satisfaction of the Project Manager. The Contractor shall pay all charges in
connection herewith. No guarantee is given or implied that sufficient water will be
available from mains and the Contractor must make his own arrangements for
augmenting this supply at his own cost. Nominated Sub--contractors are to be made
liable for the cost of any water or electric current used and for any installation
provided especially for their own use.
C SANITATION OF THE WORKS

The Sanitation of the works shall be arranged and maintained by the Contractor to the 100,000 00
satisfaction of the Government and/or Local Authorities, Labour Department and the
Project Manager
D SUPERVISION AND WORKING HOURS

The works shall be executed under the direction and to the entire satisfaction in all -- --
respects of the Project Manager who shall at all times during normal working hours
have access to the works and to the yards and workshops of the Contractor and sub-
Contractors or other places where work is being prepared for the contract.
E PROTECTION OF THE WORKS.

Provide protection of the whole of the works contained in the Bills of Quantities, -- --
including casing, casing up, covering or such other means as may be necessary to
avoid damage to the satisfaction of the Project Manager and remove such protection
when no longer required and make good any damage which may nevertheless have
been done at completion free of cost to the Employer.

IN (KHS)
A WORKS TO BE DELIVERED UP CLEAN

Clean and flush all gutters, rainwater and waste pipes, manholes and drains, wash -- --
(except where such treatment might cause damage) and clean all floors, sanitary
fittings, glass inside and outside and any other parts of the works and remove all
marks, blemishes, stains and defects from joinery, fittings and decorated surfaces
generally, polish door furniture and bright parts of metalwork and leave the whole of
the buildings watertight, clean, perfect and fit for occupation to the approval of the
Project Manager
B GENERAL SPECIFICATION.
For the full description of materials and workmanship, method of execution of the -- --
work and notes for pricing, the Contractor is referred to the Ministry of Roads and
Public Works and Housing General Specification dated 1976 or any subsequent
revision thereof which is issued as a separate document, and which shall be allowed in
all respects unless it conflicts with the General Preliminaries, Trade Preambles or
other items in these Bills of Quantities.
C TRAINING LEVY
The Contractor's attention is drawn to legal notice No. 237 of October, 1971, which -- --
requires payment by the Contractor of a Training Levy at the rate of 1/4 % of the
Contract sum on all contracts of more than Kshs. 50,000.00 in value.
D MATERIALS ON SITE
All materials for incorporation in the works must be stored on or adjacent to the site -- --
before payment is effected unless specifically exempted by the Project Manager. This
includes the materials of the Main Contractor, Nominated Sub-Contractors and
Nominated Suppliers.
E HOARDING
The Contractor shall enclose the site or part of the works under construction with a 450,000 00
hoarding 2400 mm high consisting of iron sheets on 100 x 50 mm timber posts firmly
secured at 1800 mm centres with two 75 x 50 mm timber rails for a total length of
approximately three hundred meters. The Contractor is in addition required to take all
precautions necessary for the safe custody of the works, materials, plant, public and
Employer's property on the site.
F ALTERATIONS TO BILLS, PRICING, ETC.

Any unauthorized alteration or qualification made to the text of the Bills of Quantities -- --
may cause the Tender to be disqualified and will in any case be ignored. The
Contractor shall be deemed to have made allowance in his prices generally to cover
any items against which no price has been inserted in the priced Bills of Quantities.
All items of measured work shall be priced in detail and the Tenders containing Lump
Sums to cover trades or groups of work must be broken down to show the price of
each item before they will be accepted.

IN (KHS)
A MATERIALS ARISING FROM EXCAVATIONS.
Materials of any kind obtained from the excavations shall be the property of the -- --
Government. Unless otherwise provided for in the particular preliminaries. Such
materials shall only be used in the works, in substitution of materials which the
Contractor would otherwise have had to supply with the written permission of the
Project Manager Should such permission be given, the Contractor shall make due
allowance for the value of the materials so used at a price to be agreed.
B PREVENTION OF ACCIDENT, DAMAGE OR LOSS.

The Contractor is notified that these works are to be carried out on a restricted site -- --
where the client is going on with other normal activities. The Contractor is instructed
to take reasonable care in the execution of the works as to prevent accidents, damage
or loss and disruption of normal activities being carried out by the Client. The
Contractor shall allow in his rates any expense he deems necessary by taking such
care within the site.
C GOVERNMENT ACTS REGARDING WORKPEOPLE ETC.

Allow for complying with all Government Acts, Orders and Regulations in connection -- --
with the employment of Labour and other matters related to the execution of the
works. In particular the Contractor's attention is drawn to the provisions of the Factory
Act 1950 and his tender must include for all costs arising or resulting from compliance
with any Act, Order or Regulation relating to Insurances, pensions and holidays for
workpeople or so the safety, health and welfare of the workpeople. The Contractor
must make himself fully acquainted with current Acts and Regulations, including
Police Regulations regarding the movement, housing, security and control of labour,
labour camps, passes for transport, etc. It is most important that the Contractor, before
tendering, shall obtain from the relevant Authority the fullest information regarding all
such regulations and/or restrictions which may affect the information regarding all
such regulations and/or restrictions which may affect the organization of the works,
supply and control of labour, etc., and allow accordingly in his tender.
No claim in respect of want of knowledge in this connection will be entertained.
D REMOVAL OF RUBBISH ETC.

Removal of rubbish and debris from the Buildings and site as it accumulates and at the -- --
completion of the works and remove all plant, scaffolding and unused materials at
completion.
E BLASTING OPERATIONS.
Blasting will only be allowed with the express permission of the Project Manager in -- --
writing. All blasting operations shall be carried out at the Contractor's sole risk and
cost in accordance with any Government regulations in force for the time being, and
any special regulations laid down by the Project Manager governing the use and
storage of explosives.
F SIGN BOARD.
Allow for providing, erecting, maintaining throughout the course of the Contract and 30,000 00
afterwards clearing away a signboard as designed, specified and approved by the
Project Manager.

IN (KHS)
GENERAL PRELIMINARIES
COLLECTION
A Brought Forward From Page 03/33 50,000 00
B Brought Forward From Page 04/33 50,000 00
C Brought Forward From Page 05/33 -- --
D Brought Forward From Page 06/33 -- --
E Brought Forward From Page 07/33 210,000 00
F Brought Forward From Page 08/33 100,000 00
G Brought Forward From Page 09/33 180,000 00
H Brought Forward From Page 10/33 -- --
I Brought Forward From Page 11/33 -- --
J Brought Forward From Page 12/33 370,000 00
K Brought Forward From Page 13/33 450,000 00
L Brought Forward From Page 14/33 30,000 00
TOTAL AMOUNT FOR GENERAL PRELIMINARIES 1,540,000 00

CARRIED TO GRAND SUMMARY PAGE
BILLS OF QUANTITY FOR THE PROPOSED CONSTRUCTION OF A SIX CLASSROOMED ONE STOREY
TUITION BLOCK AT BIG-TRE PRIMARY SCHOOL.
ITEM DESCRIPTION QTTY UNIT RATE AMOUNT IN CTS

(KHS)
BILL NO; 02
MAIN HOUSE, BUILDER’S WORK.
ELEMENT NO. 1
SUB-STRUCTURE (All provisional)
A Excavate to over site to remove top vegetable soil 75 Cm 100 7500 00

average 200mm deep and wheel and deposit in soil
heaps as directed.
B Excavate reduced levels starting from stripped 89 Cm 350 31,150 00

levels not exceeding 1.5m deep
C Excavate foundation trench not exceeding 1.5m 64 Cm 350 22,400 00

deep starting from stripped level
D Return fill and ram selected excavated materials 43 Cm 300 12,900 00

around foundations
E Load and cart away surplus excavated materials 48 Cm 300 14,400 00
F Hardcore fill well compacted and rammed 230mm 429 Sm 500 214,500 00
thick
G 50mm thick murram blinding to hardcore surfaces 429 Sm 250 107,250 00
H Treat blinded hardcore with gladiator or other equal 429 Sm 80 34,320 00

and approved insecticide treatment
I 500 gauge polythene sheet laid on blinded hardcore 429 Sm 200 85,800 00
as damp proof membrane
Plain concrete 1:4:8 to
J 50mm thick blinding to foundation strip 66 Sm 800 52,800 00
Mass concrete 1:3:6 to

K Strip foundation 21 Cm 6500 136,500 00
L Sawn formwork to edges of floor slab 75-150 mm 112 Lm 120 13,440 00

high

ITEM DESCRITION QTTY UNIT RATE AMOUNT IN CTS
( KSH)
Vibrated reinforced concrete 1:2:4 to;

A Columns bases 19 Cm 14000 266,000 00
B Starter columns 10 Cm 14000 140,000 00
C 150mm thick floor ground slab 429 Sm 1550 664,950 00
Cut, bend, tie and fix the following high tensile

square twisted reinforcement bars to B.S 4461
including all necessary trying wire and pacer blocks
D 16mm diameter bars 2340 Kg 180 421,200 00
E 12mm ditto 1272 Kg 180 228,960 00
F 10mm ditto 970 Kg 180 174,600 00
G 8mm ditto 628 Kg 180 113,040 00
H Steel fabric mesh reinforcements Ref No A 142

weighing 2.22kg per square meter with2.25mm end 429 Sm 450 193,050 00
laps
Sawn Form Work;

I Sides of starter columns 67 Sm 330 20,790 00
Foundation Walling;
J 225mm thick foundation walling cement and sand 186 Sm 1350 251,100 00
mortar 1:3
Sundaries;
K 15mm thick render to plinth 56 Sm 450 25,200 00
L Prepare and apply three coats black bituminous 56 Sm 350 19,600 00

paint to rendered plinth surfaces
Total Carried To Collection 2,518,490 00

( KSH)
O
ELEMENT N . 01
SUB-STRUCTURES
COLLECTION
A Brought forward from page 16/33 719,520 00
B Brought forward from page 17/33 2,518,490 00
TOTAL AMOUNT OF ELEMENT NO. 1 3,238,010 00

CARRIED TO SUMMARY
( KSH)
ELEMENT NO.2
SUPPER STRUCTURE; WALLING,

COLOMNS, BEAMS, SLAB, STAIR & RAMP
WALLING
Natural stone walling in cement and sand mortar

(1:3)
A 200mm thick externally 597 Sm 1350 805,950 00
B 150mm thick internally 260 Sm 1150 299,000 00
Vibrated reinforced concrete (1:2:4)
C Columns 23 Cm 14000 299,000 00
D Beans and ring beam 42 Cm 14000 546,000 00
E 200mm thick suspended floor slab 370 Sm 2500 925,000 00
Stair case;
F 150mm thick landing 8 Sm 1550 12,400 00
G 150mm thick waist 11 Sm 1550 17,050 00
H Steps 4 Cm 14000 56,000 00
Ramp;
I 200mm thick landing 10 Sm 2500 25,000 00
J 200mm thick waist 36 Sm 2500 90,000 00
K Base 2 Cm 14000 28,000 00

( KSH)
Cut, bend, tie and fix the following high tensile

square twisted reinforcement bars to B.S 4461
including all necessary tying wire and pace
blocks
A 16mm diameter bars 2465 Kg 180 443,700 00
B 12mm ditto 1167 Kg 180 210,060 00
C 10mm ditto 2114 Kg 180 380,520 00
D 8mm ditto 690 Kg 180 124,200 00
Sawn formwork to
E Soffits of suspended floor `310 Sm 550 170,500 00
F Soffits of waist 47 Sm 550 25,850 00
G Soffits of landing 18 Sm 550 9,900 00
H Edges of steps 75-150mm high 39 Lm 150 5,850 00
I Edges of floor slab 75-150mm high 194 Lm 150 29,100 00
J Edges of waist 75-150mm high 13 Lm 150 1,950 00
S Sides of columns 120 Sm 550 66,000 00
K Soffits and side of beams and ring beam 245 Sm 550 134,750 00

( KSH)
ELEMENT NO. 02
SUPPER STRUCTURE; WALLING,

COLOMNS, BEAMS, SLAB, STAIR &
RAMP
COLLECTION
A Brought forward from page 19/33 3,103,400 00

CARRIED TO SUMMARY
( KSH)
ELEMENT NO 3
Roof covering
A Pre-painted box profile GI sheets B 760 gauge 28 as 564 Sm 950 535,800 00

manufactured by galsheet Kenya limited nailed onto
roof structure (ms)
B Ridge and hip covering in matching materials 69 Lm 280 19,320 00
C 200mm diameter Gauge 24 down pipe fixed to wall 20 No 3500 70,000 00

with holder bats nailed into with grounds each
8600mm long jointed together
D 225mm wide by 275mm depth box gutter in gauge 98 Lm 1400 137,200 00

18 ms plate welded
and boxed along roof to required slopes complete
with stop ends
Roof construction (in sawn cypress)
E 150×50mm thick rollers 415 Lm 250 103,750 00
F 150×50mm tie beam 340 Lm 250 85,000 00
G 100×50 mm thick struts and ties 235 Lm 180 42,300 00
H 75×50mm thick purlins 510 Lm 150 76,500

00
I 100×50mm thick wall plate fixed to ring beam with 165 Lm 200 33,000
hoop irons and nails 00
J 225×25mm thick wrot cypress fascia board 160 Lm 300 48,000 00

CARRIED TO SUMMARY
( KSH)
ELEMENT NO. 4
OPENINGS; DOORS & WINDOWS
Doors
Steel doors burglar proof in 75mm thick RHS frame

with 6mm steel metal half shutter complete with
padlocking bolts and appropriate padlock;
A Size 2400x1100mm in single leaf 6 No 29500 177,000 00
B Steel grill burglar proof in 75mm thick frame with 2 NO 9500 19,000 00
6mm steel metal size 2400x900mm in single leaf
Hardwood door in 75mm thick framed , ledged and

braced T&G. Complete with hinges and appropriate
locks;
C Size 2400x900mm in single leaf 2 No 15000 30,000 00
D 45x25mm moulded architrave 8 Lm 100 800 00
E 20x20mm quadrant 18 Lm 100 1,800 00
F 2lever mortice lock 2 No 2000 4,000 00
G 100mm pre stressed steel butt hidges 6 Prs 400 2,400 00
H 38mm robber door stops plugged to concrete floor 8 No 100 800 00
I Prepare and apply thee coat of polyurethane varnish

to general surfaces of wood 14 Sm 300 4,200 00
J Prepare prime back of wood with two coats of

aluminum wood primer before fixing to stone wall 3 Sm 130 390 00

ITEM DESCRIPTION QTTY UNIT RATE AMOUNT IN CTS
(KHS)
Windows
Supply and fix the following steel casement

windows with one coat red oxide primer complete
with accessories locking and operator handle
A Size 900x3000mm with approved burglar proofing 4 No 12150 48,600 00
B Detto size 1500x2400mm 18 No 14,400 259,200 00
C Detto size 2000x1800mm 6 No 7300 43,800 00
D Detto size 900x2400mm 12 No 9750 117,000 00
E Detto size irregular windows measured overall 25 Sm 5400 135,000 00
Glazing
F 4mm clear sheet glass to metal with approved 148 Sm 1700 251,600 00
Hussain putty
Cills
G 175x50mm concrete tile throated in coloured cills 118 Lm 350 41,300 00
bedded and painted in cement mortar (1:4)
Supply and fix the following permanent

ventilation (P.V)
H 250x250mm above all openings. 42 No 450 18,900 00
Pelmet boxes (Wrot hardwood)

I 50*50mm bearer plugged 72 No 380 27,360 00
J 125*25mm fascia frontmitered at end and 12 Lm 150 1,800 00

with two labours
Mild steel curtain rods and rails

K Curtain and sheer rods; 30 mm diameter x 2 mm 45 Lm 1050 47,250 00
thick steel pipe for curtains; 25 mm diameter x 2
mm thick pipe for sheers: factory primed red oxide
primer; Painted in three coats of gloss oil paint;
fixed to walls with matching brackets and forming
holes in brackets for sheer rod: To Offices and
stores

( KSH)
ELEMENT NO. 4
OPENINGS; DOORS & WINDOWS
COLLECTION
B Brought forward from page 24/33 991,810 00

CARRIED TO SUMMARY
( KSH)
ELEMENT No. 5
Finishes
Floor finishes
A Ceramic tiles on 32mm thick cement and sand 508 Sm 1850 939,800 00
screed (1:4) to floor surfaces
B 100mm high ceramic tiles skirting in matching type 197 Lm 180 35,460 00
as floor.
Approved terrazzo finish

C Terrazzo to walkway verandah and balconies 202 Sm 2200 444,400 00
D Terrazzo finished with non-slip strips to rump 52 Sm 2250 117,000 00
Wall finishes
E 12mm two coat lime plaster to wall internally 864 Sm 450 345,600 00
finished smooth
F 15mm thick render to walls externally 429 Sm 400 171,600 00
G Allow extra-over plaster for rough surface, window -- Item -- 364,600 00

framing and key points externally
Ceiling finishes
H 12mm thick soft board ceiling finish nailed onto 429 Sm 950 407,550 00
branding
I 50x50mm thick brandering 1090 Lm 150 163,500 00
J 75x50mm thick ditto 920 Lm 170 156,400 00
K 100x25mm coved cornice 568 Lm 200 113,600 00
L 12mm thick plaster to soffits of 452 SM 650 293,800 00

suspended floor
M Allow extra-over plaster to soffits of stair case and 75 Sm 850 63,750 00

ramp
N Extra over ceiling for trap door 4 No 3550 14,200 00

complete with framing size 600*450mm
TOTAL AMOUNT OF ELEMENT NO.5 3,631,260 00

CARRIED TO SUMMARY
( KSH)
ELEMENT No. 6
PAINTING
Prepare and apply two coats first grade plastic

emulsion paint to:
A Plastered walls internally 964 Sm 260 250,640 00
B soft board ceiling 370 Sm 260 96,200 00
C Plastered soffits of suspended floor ceiling 452 Sm 260 117,520 00
D Plastered soffits of suspended stair case and ramp 75 Sm 270 20,250 00
Prepare and apply three coats first grade plastic

emulsion all-weather external paint to:
E Plastered walls externally 429 Sm 210 90,090 00
Prepare and apply two undercoat and one finished

coat gloss oil paint to:
F General surfaces of metal works 56 Sm 310 17,360 00
G Glazed surfaces measured overall 184 Sm 260 47,840 00
Knot prime and apply two undercoat and one coat

gloss oil paint on;
H General Wood surfaces 42 Sm 290 12,180 00
I Surface not exceeding 100mm girth to internal 176 Lm 290 51,040 00

walls
TOTAL AMOUNT OF ELEMENT NO. 6 703,120 00

CARRIED TO SUMMARY
( KSH)
ELEMENT NO. 7
BUILDERS WORK IN CONNECTION TO

SPECIALIST WORKS
ALL PROVISIONAL
Internal plumbing and drainage

A Cut horizontal or vertical chase in walling for small 100 LM 100 10,000 00
pipe and make good.
B Ditto for large pipe 40 NO 200 8,000 00
C Hole through 150mm masonry wall for small pipe 50 NO 200 10,000 00
and make good.
D Detto. but extra large pipe. 25 NO 200 5,000 00
E Hole through 200mm reinforced concrete slab for 20 NO 200 4,000 00

large pipe and make good.
F 200mm Diameter P.V.C. Pipe sleeve 300mm long 50 NO 200 10,000 00

cast into concrete.
G Plumbing accessories and out door drainage - ITEM - 600,000 00

systems
Rainwater Goods
H Fabricate and assemble in gauge 18 pre-painted
steel sheet
I 250x225mm box gutter 98 LM 130 12,740 00
J 75mm diameter down pipe clipped onto concrete 34 LM 180 6,120 00

wall with and including holder bats at 900mm
centrres
K Extra over box gutter for making hole size 75mm 4 NO 2,520 10,080 00
L Extra over box gutter for stripped end 4 NO 1,600 6,400 00
M Extra over down pipe for shoe 4 NO 630 2,520 00
N Extra over for end shoe 4 NO 630 2,520 00

( KSH)
A Prepare and apply one approved primer one

undercoat and two coats of 'CROWN SOLO' or
other equal and approved polyurethane varnish to:-
General surfaces of gutters, over 350mm girth 98 LM 850 83,300 00
external
B Small diameter pipes, externally 34 LM 1,350 45,900 00
Electrical installation
Cut away and make good after electrician installing

concealed conduit system to the following points
including cutting or leaving holes, notches,
mortices, sinkings and chases in both structure and
its coverings and make good to them
C Lighting points and associated switch points. 62 No 200 12,400 00
D Wall mounted socket outlet points. 30 No 200 6,000 00
E TV outlet points. 4 No 200 800 00
F Bell push points and the like. 4 No 200 800 00
G Data outlet point 5 No 200 1,000 00
H Cooker unit 6 No 200 1,200 00
I Electrical wirering and accessory installation - ITEM - 950,000 00

inclusive connection from nearest power point
Other Out Door Works
J Paving around plinth of building and path ways

with paving slabs and cabros -- ITEM -- 870,000 00
K Landscape the area around building -- ITEM -- 250,000 00
L Prepare concrete base diameter 2000mm or Steel 2 No 150000 300,000 00

structure water tower to receive approved Roto
Tank or of equal quality two number 5000Lts
capacity each for water storage

( KSH)
ELEMENT NO. 7
BUILDERS WORK IN CONNECTION TO

SPECIALIST WORKS
ALL PROVISIONAL
COLLECTION

CARRIED TO SUMMARY
ITEM DESCRIPTION AMOUNT IN CTS
(KSH)
BILL NO;02
MAIN HOUSE, BUILDER’S WORK.
SUMMARY
A Total Element No.1 from page 18/33 3,238,010 00

B Total Element No.2 from page 21/33 4,705,780 00
C Total Element No.3 from page 22/33 1,150,870 00
D Total Element No.4 from page 25/33 1,232,200 00
E Total Element No.5 from page 26/33 3,631,260 00
F Total Element No.6 from page 27/33 703,120 00
G Total Element No.7 from page 30/33 3,208,780 00
TOTAL AMOUNT FOR MAIN HOUSE, BUILDER’S WORK 17,870,020 00

CARRIED TO GRAND SUMMARY PAGE
IN (KSH)
BILL NO;03
PC AND PROVISIONAL SUMS
A Allow a provisional sum of Kenyan shillings Four hundred and fifty thousand 450,000 00
only (450,000/=) for bills of quantities, structural and architectural drawings.
B Allow a provisional sum of Kenyan shillings Six hundred and fifty thousand 650,000 00
only (650,000/=) for firefighting equipment and lightening arrester.
C Allow a provisional sum of Kenyan shillings Nine hundred and forty thousand 940,000 00
only (940,000/=) for contingencies and overhead.
550,000
D Allow a provisional sum of Kenyan shillings Five hundred and fifty thousand 00
only (550,000/=) for administration and supervision.
TOTAL AMOUNT FOR PC AND PROVISIONAL SUMS CARRIED 2,590,000 00

TO GRAND SUMMARY PAGE
IN (KSH)
GRAND SUMMARY PAGE
BILL No. TITLE
01 GENERAL PRELIMINARIES 1,540,000 00
02 MAIN HOUSE, BUILDER’S WORK 17,870,020 00
03 PC AND PROVISIONAL SUMS 2,590,000 00
SUMMARY TOTAL Inclusive 16% VAT to be paid to 22,000,020 00

commissioner Of Tax as per legal notice No 35 & 36 dated
11TH September 2013
GRAND TOTAL Carried to form of tender: Kshs 22,000,020 00

Amount In Words:- [Kenyan Shillings] TWENTY TWO MILLION, TWENTY, SHILLINGS ONLY.
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.
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).
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.
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
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
1.1 Bold face 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
d) Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.
e) Compensation Events
f) The Completion Date is the date of completion of the Works as certified by the Project Manager
g) The Contract is the Contract between the Procuring Entity and the Contractor to execute,
complete, and maintain the Works. 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
r) Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to
construct the Works.
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
2.1 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.
2.2 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).
2.3 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.
3. Language and Law
3.1 The language of the Contract is English Language and the law governing the Contract are the Laws
of Kenya.
3.2 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
4.1 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
5.1 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
6.1 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
7.1 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
8.1 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
9.1 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.
9.2 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.
9.3 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
10.1 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.
11. Procuring Entity's Risks
11.1 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.
11.2 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
aa) a Defect which existed on the Completion Date,
bb) an event occurring before the Completion Date, which was not itself a Procuring Entity's risk, or
cc) the activities of the Contractor on the Site after the Completion Date.
12. Contractor's Risks
12.1 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
13.1 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.
13.2 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.
13.3 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.
13.4 Alterations to the terms of an insurance shall not be made without the approval of the Project
Manager.
13.5 Both parties shall comply with any conditions of the insurance policies.
14. Site Data
14.1 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
15.1 The Contractor shall construct and install the Works in accordance with the Specifications and
Drawings.
16. The Works to Be Completed by the Intended Completion Date
16.1 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
17.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary Works
to the Project Manager, for his approval.
17.2 The Contractor shall be responsible for design of Temporary Works.
17.3 The Project Manager's approval shall not alter the Contractor's responsibility for design of the
Temporary Works.
17.4 The Contractor shall obtain approval of third parties to the design of the Temporary Works, where
required.
17.5 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
18.1 The Contractor shall be responsible for the safety of all activities on the Site.
19. Discoveries
19.1 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
20.1 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
21.1 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
22.1 The Contractor shall carry out all instructions of the Project Manager which comply with the
applicable laws where the Site is located.
22.2 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.
22.3 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).
23. Appointment of the Adjudicator
23.1 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.
23.2 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
24.1 Contractor's Claims

24.1.1 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.
24.1.2 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.
24.1.3 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.
24.1.4 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.
24.1.5 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.
24.1.6 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.
24.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in accordance
with Sub-Clause
24.1.8 [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.
24.1.9 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.
24.1.10 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].
24.1.11 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.
24.2 Amicable Settlement

24.2.1 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.
24.3 Matters that may be referred to arbitration

24.3.1 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.
24.4 Arbitration
24.4.1 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.
24.4.2No 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.
24.4.3Notwithstanding 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.
24.4.4The 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.
24.4.5The 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.
24.4.6The 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 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.
24.4.7Neither 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.
24.4.8Arbitration 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.
24.4.9The 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.
24.5 Arbitration with National Contractors

24.5.1 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
24.5.2The institution written to first by the aggrieved party shall take precedence over all other institutions.
24.6 Alternative Arbitration Proceedings

24.6.1 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.
24.7 Failure to Comply with Arbitrator's Decision

24.7.1 The award of such Arbitrator shall be final and binding upon the parties.
24.7.2 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.
24.8 Contract operations to continue

24.8.1 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
25.1 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.
25.2 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.
B. Time Control
26. Program
26.1 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.
26.2 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.
26.3 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.
26.4 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.
27. Extension of the Intended Completion Date
27.1 The Project Manager shall extend the Intended Completion Date if a Compensation Event occurs
or a Variation is issued which makes it impossible for Completion to be achieved by the Intended
Completion Date without the Contractor taking steps to accelerate the remaining work, which
would cause the Contractor to incur additional cost.
27.2 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.
28. Acceleration
28.1 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.
28.2 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.
29. Delays Ordered by the Project Manager
29.1 The Project Manager may instruct the Contractor to delay the start or progress of any activity within
the Works.
30. Management Meetings
30.1 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.
30.2 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.
31. Early Warning
31.1 The Contractor shall warn the Project Manager at the earliest opportunity of specific likely future
events or circumstances that may adversely affect the quality of the work, increase the Contract
Price, or delay the execution of the Works. The Project Manager may require the Contractor to
provide an estimate of the expected effect of the future event or circumstance on the Contract
Price and Completion Date. The estimate shall be provided by the Contractor as soon as
reasonably possible.
31.2 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
32. Identifying Defects
32.1 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.
33. Tests
33.1 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.
34. Correction of Defects
34.1 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.
34.2 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.
35. Uncorrected Defects
35.1 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
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36. Contract Price
36.1 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.
8
37. Changes in the Contract Price
37.1 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.
37.2 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.
38. Variations
38.1 All Variations shall be included in updated Programs9 produced by the Contractor.
38.2 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.
38.3 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.
38.4 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.
38.5 The Contractor shall not be entitled to additional payment for costs that could have been avoided
by giving early warning
38.6 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 work
38.7 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.
38.8 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.
38.9 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.
39. Cash Flow Forecasts

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39.1 When the Program , 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.
40. Payment Certificates
40.1 The Contractor shall submit to the Project Manager monthly statements of the estimated value of
the work executed less the cumulative amount certified previously.
40.2 The Project Manager shall check the Contractor's monthly statement and certify the amount to be
paid to the Contractor.
40.3 The value of work executed shall be determined by the Project Manager.
40.4 The value of work executed shall comprise the value of the quantities of work in the Bill of
Quantities that have been completed12.
40.5 The value of work executed shall include the valuation of Variations and Compensation Events.
40.6 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.
40.7 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.
41. Payments
41.1 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.
41.2 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.
41.3 Unless otherwise stated, all payments and deductions shall be paid or charged in the proportions of
currencies comprising the Contract Price.
41.4 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.
42. Compensation Events
42.1 The following shall be Compensation Events:

d) 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.
e) The Procuring Entity modifies the Schedule of Other Contractors in a way that affects the work
of the Contractor under the Contract.
f) The Project Manager orders a delay or does not issue Drawings, Specifications, or instructions
required for execution of the Works on time.
g) The Project Manager instructs the Contractor to uncover or to carry out additional tests upon
work, which is then found to have no Defects.
h) The Project Manager unreasonably does not approve a subcontract to be let.
i) 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.
j) 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.
k) 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.
l) The advance payment is delayed.
m) The effects on the Contractor of any of the Procuring Entity's Risks.
n) The Project Manager unreasonably delays issuing a Certificate of Completion.
42.2 If a Compensation Event would cause additional cost or would prevent the work being completed
before the Intended Completion Date, the Contract Price shall be increased and/or the Intended
Completion Date shall be extended. The Project Manager shall decide whether and by how much
the Contract Price shall be increased and whether and by how much the Intended Completion
Date shall be extended.
42.3 As soon as information demonstrating the effect of each Compensation Event upon the
Contractor's forecast cost has been provided by the Contractor, it shall be assessed by the Project
Manager, and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is
deemed unreasonable, the Project Manager shall adjust the Contract Price based on the Project
Manager's own forecast. The Project Manager shall assume that the Contractor shall react
competently and promptly to the event.
42.4 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.
43. Tax
43.1 The Project Manager shall adjust the Contract Price if taxes, duties, and other levies are changed
between the date 30 days before the submission of 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.
44. Currency y of Payment
44.1 All payments under the contract shall be made in Kenya Shillings
45. Retention
45.1 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.
45.2 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.
46. Liquidated Damages
46.1 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.
46.2 If the Intended Completion Date is extended after liquidated damages have been paid, the Project
Manager shall correct any overpayment of liquidated damages by the Contractor by adjusting the
next payment certificate. The Contractor shall be 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.
47. Bonus
47.1 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.
48. Advance Payment
48.1 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.
48.2 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.
48.3 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
c c
valuations of work done, Variations, price adjustments, Compensation Events, Bonuses, or

Liquidated Damages.
49. Securities
49.1 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.
50. Dayworks
50.1 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.
50.2 All work to be paid for as Dayworks shall be recorded by the Contractor on forms approved by
the Project Manager. Each completed form shall be verified and signed by the Project Manager
within two days of the work being done.
50.3 The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks forms.
51. Cost of Repairs

51.1 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

52. Completion
52.1 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.
53. Taking Over

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

54.1 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.
55. Operating and Maintenance Manuals
55.1 If “as built” Drawings and/or operating and maintenance manuals are required, the Contractor
shall supply them by the dates stated in the SCC.
55.2 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.
56. Termination
56.1 The Procuring Entity or the Contractor may terminate the Contract if the other party causes a
fundamental breach of the Contract.
56.2 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.
56.3 Notwithstanding the above, the Procuring Entity may terminate the Contract for convenience.
56.4 If the Contract is terminated, the Contractor shall stop work immediately, make the Site safe and
secure, and leave the Site as soon as reasonably possible.
56.5 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.
57. Payment upon Termination
57.1 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.
57.2 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.
58. Property
58.1 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.
59. Release from Performance
59.1 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.
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: __________________________________________________________________
ii) Address: __________________________________________________________________
iii) Telephone: __________________________________________________________________
iv) 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: __________________________________________________________________
This Notification is sent by (Name and designation)
3. Notification of Intention to Award
i) Procuring Entity: __________________________________________________________________

ii) Project: __________________________________________________________________
iii) Contract title: __________________________________________________________________
iv) Country: __________________________________________________________________
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 wo
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.
SNo Name of Tender Price Tender’s evaluated One Reason Why not
Tender as read out price (Note a) Evaluated
1
2
3
4
5
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: __________________________________________________________________
ii) Title/position: __________________________________________________________________
ii) Agency: __________________________________________________________________
iii) 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: __________________________________________________________________
ii) Title/position: __________________________________________________________________
iv) Agency: __________________________________________________________________
v) 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.
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:

Saboti Constituency
Cell: 0714 263 673
NG-CDF SABOTI Email: [email protected] Website: saboti.ngcdf.go.ke
FORM NO 3: LETTER OF AWARD
To: [name and address of the Contractor]___________________________________________
This is to notify you that your Tender dated _____________________________for execution of the
__________________________________________of contract No.
________________________________________________ for the Accepted Contract Amount
[in words] as
corrected and modified in accordance with the Instructions to Tenderers, is hereby accepted by ………………
Central Primary School.
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................................................................................................

FORM NO 4: 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).

FORM NO. 5 - 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
Central Primary School (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 ), such sum being payable in the types and proportions of currencies in which the Contract
1
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.
2
4. This guarantee shall expire, no later than the …. Day of …………, 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].

FORM No. 6 - PERFORMANCE SECURITY
[Option 2– Performance Bond]
Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of Procuring Entity] Date:
[Insert date of issue].
PERFORMANCE BOND No.:
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 .
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
FORM NO. 7 - ADVANCE PAYMENT SECURITY
[Demand Bank Guarantee]
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 (hereinafter called “the Contractor”) has entered into
Contract No. dated with the Beneficiary, for the execution of
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 or sums not exceeding in total an amount of (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 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 day of , 2 ,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]

FORM NO. 8 - RETENTION MONEY SECURITY
[Demand Bank Guarantee]
Beneficiary: [Insert name and Address of Procuring Entity]

Date: [Insert date of issue]
Advance payment guarantee no. [Insert guarantee reference number]
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 ac c o u n t 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]

FORM NO. 9 BENEFICIAL OWNERSHIP DISCLOSURE FORM
(Amended and issued pursuant to PPRA CIRCULAR No. 02/2022)
Tender Reference No.: [insert identification no]

Name of the Tender Title/Description: [insert name of the
assignment] to: [insert complete name of Procuring Entity]
In response to the requirement in your notification of award dated [insert date of notification of award] to
furnish additional information on beneficial ownership: [select one option as applicable and delete the
options that are not applicable]
I) We here by provide the following beneficial ownership information.
Details of beneficial ownership

Details of all Beneficial Owners % of shares % of voting Whether a person Whether a person
a person rights a person directly or indirectly directly or indirectly
holds in the holds in the holds a right to appoint exercises significant
company company or remove a member of influence or control
Directly or the board of directors of over the Company
indirectly the company or an (tenderer) (Yes /
equivalent governing No)
body of the Tenderer
(Yes / No)
Full Name Directly------ Directly……… 1. Having the right to 1. Exercises
----- % …….% of appoint a majority significant
National identity of the board of the influence or
of shares voting rights
card number or directors or an control over the
1. Passport number equivalent Company body
Indirectly---------- governing body of of the Company
Personal % of voting
Identification Indirectly---- the Tenderer: Yes -- (tenderer)
------ % rights ---No----
Number (where
applicable) of shares 2. Is this right held Yes -----No----
directly or
Nationality indirectly?: 2. Is this influence
or control
Date of birth
exercised
[dd/mm/yyyy]
Direct……………… directly or
Postal address … indirectly?
Residential
Direct…………..
address
Indirect……………
Telephone …... Indirect…………
number
Email address
Occupation or
profession
Details of all Beneficial Owners % of shares % of voting Whether a person Whether a person
a person rights a person directly or indirectly directly or indirectly
holds in the holds in the holds a right to appoint exercises significant
company company or remove a member of influence or control
Directly or the board of directors of over the Company
indirectly the company or an (tenderer) (Yes /
equivalent governing No)
body of the Tenderer
(Yes / No)
2. Full Name Directly------ Directly……… 1. Having the right to 1. Exercises
----- % …….% of appoint a majority significant
National identity of the board of the influence or
of shares voting rights
card number or directors or an control over the
Passport number equivalent Company body
Indirectly---------- governing body of of the Company
Personal % of voting
Identification Indirectly---- the Tenderer: Yes -- (tenderer)
------ % rights ---No---- Yes -----No----
Number (where
applicable) of shares 2. Is this right held
directly or 2. Is this influence
Nationality(ies) indirectly?: or control
exercised
Date of birth
[dd/mm/yyyy] directly or
Direct……………… indirectly?
Postal address …
Direct…………..
Residential
address
Indirect…………… Indirect…………
Telephone …...
number
Email address
Occupation or
profession
II) Am fully aware that beneficial ownership information above shall be reported to the Public
Procurement Regulatory Authority together with other details in relation to contract awards and shall
be maintained in the Government Portal, published and made publicly available pursuant to
Regulation 13(5) of the Companies (Beneficial Ownership Information) Regulations, 2020
III) In determining who meets the threshold of who a beneficial owner is, the Tenderer must consider a
natural person who in relation to the company:
(a) holds at least ten percent of the issued shares in the company either directly or indirectly;
(b) exercises at least ten percent of the voting rights in the company either directly or indirectly;
(c) holds a right, directly or indirectly, to appoint or remove a director of the company; or
(d) exercises significant influence or control, directly or indirectly, over the company.
IV) What is stated to herein above is true to the best of my knowledge, information and belief.+
Name of the Tenderer: .......................*[insert complete name of the Tenderer]
Name of the person duly authorized to sign the Tender on behalf of the Tenderer:
Designation of the person signing the Tender: .......................
Date this ....................... [insert date of signing] day of....................... [Insert month], [insert year]

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National Government Constituencies Development Fund

TENDER INVITATION NOTICE

04TH, DECEMBER, 2024.

BIG-TREE PRIMARY SCHOOL

Big-Tree Primary School is a Public School located in Kiminini Ward, Kiminini

S/N Tender No. Project Activity Description Eligibilit

1. Certificate of Incorporation or Registration.

Celebrating 20 years of positively impacting lives

7. AGPO Certification (not mandatory)

Celebrating 20 years of positively impacting lives

A completed set of tender documents, in plain sealed envelopes, clearly marked

THE HEAD OF INSTITUTION,

Fund Account Manager,

Celebrating 20 years of positively impacting lives

STANDARD TENDER DOCUMENT

PROPOSED CONSTRUCTION TO COMPLETION OF A STOREY TUITION

BIG-TREE PRIMARY SCHOOL

APPENDIX TO THE PREFACE ......................................................................................................................vii

GUIDELINES FOR PREPARATION OF TENDER DOCUMENTS ................................................................ vii

2. PART 1 - TENDERING PROCEDURES ............................................................................................. vii

INVITATION TO TENDER ........................................................................................................................ X

SECTION I - INSTRUCTIONS TO TENDERERS ...................................................................................... 1

A. General Provisions ...................................................................................................................... 1

B. Contents of Tender Documents .................................................................................................... 3

C. Preparation of Tenders .................................................................................................................... 5

D Sealing and Marking of Tenders ...................................................................................................... 9

E. Evaluation and Comparison of Tenders ........................................................................................... 11

F. Award of Contract .....................................................................................................................15

45. Award Criteria ............................................................................................................................... 15

SECTION II-TENDER DATA SHEET(TDS) ..............................................................................................18

SECTION III - EVALUATION AND QUALIFY ON CRITERIA ................................................................. 23

SECTION IV – TENDERING FORMS ...................................................................................................... 25

QUALIFICATION FORMS. ..................................................................................................................... 28

5. TENDERERS QUALIFICATION WITHOUT PRE-QUALIFICATION ................................................ 32

OTHER FORMS ..................................................................................................................................... 42

6. FORM OF TENDER ...................................................................................................................... 42

7. FORM OF TENDER SECURITY - DEMAND BANK GUARANTEE................................................... 54

PART II - WORK REQUIREMENTS...................................................................................................... 58

PART III-CONDITIONS OF CONTRACT AND CONTRACT FORMS ..................................................... 60

SECTION VIII - GENERAL CONDITIONS OF CONTRACT ..................................................................... 60

B. Time Control ................................................................................................................................ 68

E. Finishing the Contract ............................................................................................................... 75

SECTION IX - SPECIAL CONDITIONS OF CONTRACT ........................................................................... 77

FORM No. 1 - NOTIFICATION OF INTENTION TO AWARD ............................................................................. 80

1. PROCUREMENT ENTITY: BIG-TREE PRIMARY SCHOOL

3. TENDER NO. MoE/KIM-NG-CDF/2023-24-25/BT-PS (01)

10. All Tenders must be accompanied by a “tender Security” or “Tender-Securing Declaration,” of 2% of

14. Late tenders will be rejected.

10. The addresses referred to above are:

Big-Tree Primary school

Designation Signature Date

2. Fraud and Corruption

B. Contents of Tender Documents

5. Sections of Tender Document

PART 1 Tendering Procedures

PART 2 Works Requirements

PART 3 Conditions of Contract and Contract Forms

8. Clariﬁcation and amendments of Tender Documents

9. Amendment of Tendering Document

10. Cost of Tendering