KWALE COUNTY ASSEMBLY

TENDER NAME:
PROPOSED CONSTRUCTION OF SWIMMING POOL
AND GAZEBO AT THE SPEAKER’S OFFICIAL
RESIDENCE..

TENDER NO:
CAK/003/04/2018/2019

CLIENT
COUNTY ASSEMBLY OF KWALE
P.O BOX 231-80403,
KWALE

PREPARED BY:
ACCOUNTING OFFICER
KWALE COUNTY ASSEMBLY

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 MONDAY 15TH APRIL 2019,
RETURN THE DOCUMENT ON OR BEFORE MONDAY 2019,
10:0
10:00AM
TABLE OF CONTENTS

PAGE

INTRODUCTION ..………………………………………………1

SECTION I: INVITATION TO TENDER …………………………………… 2

SECTION II: INSTRUCTIONS TO TENDERERS...……………………….. 3 - 14

SECTION III: CONDITIONS OF CONTRACT .…………………………….. 15- 36

SECTION IV: APPENDIX TO CONDITIONS OF

CONTRACT... …………………………………………………… 37 - 39

SECTION V: SPECIFICATIONS...…………………………………………… 40 - 41

SECTION VI: DRAWINGS …………………………………………………… 42

SECTION VII: BILLS OF QUANTITIES...……………………………………. 43 - 46

SECTION VIII: STANDARD FORMS..………………………………………… 47 - 66

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 INTRODUCTION

1.1 This standard tender document for procurement of works has been prepared
for use by procuring entities in Kenya in the procurement of works (i.e.
Buildings and associated Civil Engineering Works).

1.2 The following guidelines should be observed when using the document:-
(a) Specific details should be furnished in the Invitation to tender and in
the special conditions of contract (where applicable). The tender
document issued to tenderers should not have blank spaces or
options.

(b) The instructions to tenderers and the General Conditions of Contract

should remain unchanged. Any necessary amendments to these parts
should be made through Appendix to instructions to tenderers and
special conditions of contract respectively.

1.3
(b) Information contained in the invitation to tender shall conform to the
data and information in the tender documents to enable prospective
tenderers to decide whether or not to participate in the tender and shall
indicate any important tender requirements

(c) The invitation to tender shall be as an advertisement in accordance with

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

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

I. Tender number.
II. Tender name.
III. Name of procuring entity.

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 SECTION I

INVITATION FOR TENDERS

Tender Reference No: CAK/003/04/-2018/2019

Tender Name: PROPOSED CONSTRUCTION OF SWIMMING POOL AND GAZEBO AT THE

SPEAKERS OFFICIAL RESIDENCE.
1.1 The County Assembly of Kwale invites sealed tenders for the CONSTRUCTION OF
SWIMMING POOL AND GAZEBO AT THE SPEAKERS OFFICIAL RESIDENCE.

1.1 1.2 Interested eligible candidates may obtain further information and inspect
tender documents at county Assembly of Kwale, P.O BOX 231, Kwale during
normal working hours. Tender documents can be downloaded for free at
www.kwalecountyassembly.co.ke

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

candidates upon visiting supplier.treasury.go.ke or visit our website at
www.kwalecountyassembly.co.ke receiving email notification of invitation to
tender by the procuring entity’s.

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

1.5 Completed tender documents are to be submitted with Tender name and
reference number via the online supplier portal platform.

1.6 Tenders will be opened immediately thereafter at the county procurement

offices, notifications shall be communicated via the online platform,

(Accounting Officer)
FATUMA H MWALUPA
Ag CLERK KWALE COUNTY ASSEMBLY

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 SECTION II

INSTRUCTIONS TO TENDERERS

TABLE OF CONTENTS PAGE

CLAUSE PAGE

1. General …………………………………………………. 4

2. Tender Documents ………………………………… 6-7

3. Preparation of Tenders ………………………………… 7-8

4. Submission of Tenders ………………………………… 10 - 11

5. Tender Opening and Evaluation ……………………… 11 - 13

6. Award of Contract ………………………………………… 13 - 14

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 INSTRUCTIONS TO TENDERERS.

1. General/Eligibility/Qualifications/Joint venture/Cost of tendering

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

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

1.2 All tenderers shall provide the Qualification Information, a statement that
the tenderer (including all members of a joint venture and subcontractors) is
not associated, or has not been associated in the past, directly or indirectly,
with the Consultant or any other entity that has prepared the design,
specifications, and other documents for the project or being proposed as
Project Manager for the Contract. A firm that has been engaged by the
Employer to provide consulting services for the preparation or supervision of
the Works, and any of its affiliates, shall not be eligible to tender.

1.3 All tenderers shall provide in the Form of Tender and Qualification
Information, a preliminary description of the proposed work method and
schedule, including drawings and charts, as necessary.

1.4 In the event that pre-qualification of potential tenderers has been

undertaken, only tenders from pre-qualified tenderers will be considered for
award of Contract. These qualified tenderers should submit with their
tenders any information updating their original pre-qualification applications
or, alternatively, confirm in their tenders that the originally submitted pre-
qualification information remains essentially correct as of the date of tender
submission.

1.5 Where no pre-qualification of potential tenderers has been done, all

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

(a) copies of original documents defining the constitution or legal status,

place of registration, and principal place of business; written power of
attorney of the signatory of the tender to commit the tenderer:

(b) total monetary value of construction work performed for each of the
last five years:

(c) experience in works of a similar nature and size for each of the last
five years, and details of work under way or contractually committed;
and names and addresses of clients who may be contacted for further
information on these contracts;

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 (d) Major items of construction equipment proposed to carry out the
Contract and an undertaking that they will be available for the
Contract.

(e) Qualifications and experience of key site management and technical

personnel proposed for the Contract and an undertaking that they
shall be available for the Contract.

(f) reports on the financial standing of the tenderer, such as profit and
loss statements and auditor’s reports for the past five years;

(g) evidence of adequacy of working capital for this Contract (access to

line(s) of credit and availability of other financial resources);

(h) authority to seek references from the tenderer’s bankers;

(i) information regarding any litigation, current or during the last five
years, in which the tenderer is involved, the parties concerned and
disputed amount; and

(j) Proposals for subcontracting components of the Works amounting to

more than 10 percent of the Contract Price.

1.6 Tenders submitted by a joint venture of two or more firms as partners shall
comply with the following requirements, unless otherwise stated:

(a) the tender shall include all the information listed in clause 1.5
above for each joint venture partner;

(b) the tender shall be signed so as to be legally binding on all

partners;

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

(d) one of the partners will be nominated as being in charge,

authorized to incur liabilities, and receive instructions for and on
behalf of all partners of the joint venture; and

(e) the execution of the entire Contract, including payment, shall be

done exclusively with the partner in charge.

1.7 To qualify for award of the Contract, tenderers shall meet the following
minimum qualifying criteria;

(a) annual volume of construction work of at least 2.5 times the estimated
annual cashflow for the Contract;

(b) experience as main contractor in the construction of at least

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 (c) two works of a nature and complexity equivalent to the Works
over the last 10 years (to comply with this requirement, works cited
should be at least 70 percent complete);

(d) proposals for the timely acquisition (own, lease, hire, etc.) of the essential
equipment listed as required for the Works;

(e) a Contract manager with at least five years’ experience in works of an

equivalent nature and volume, including no less than three years as
Manager; and

(f) liquid assets and/or credit facilities, net of other contractual

commitments and exclusive of any advance payments which may be
made under the Contract, of no less than 4 months of the estimated
payment flow under this Contract.

1.8 The figures for each of the partners of a joint venture shall be added
together to determine the tenderer’s compliance with the minimum
qualifying criteria of clause 1.7 (a) and (e); however, for a joint venture to
qualify, each of its partners must meet at least 25 percent of minimum
criteria 1.7 (a), (b) and (e) for an individual tenderer, and the partner in
charge at least 40 percent of those minimum criteria. Failure to comply with
this requirement will result in rejection of the joint venture’s tender.
Subcontractors’ experience and resources will not be taken into account in
determining the tenderer’s compliance with the qualifying criteria, unless
otherwise stated.

1.9 Each tenderer shall submit only one tender, either individually or as a
partner in a joint venture. A tenderer who submits or participates in more
than one tender (other than as a subcontractor or in cases of alternatives
that have been permitted or requested) will cause all the proposals with the
tenderer’s participation to be disqualified.

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

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

1.12 The procuring entity’s employees, committee members, board members and
their relative (spouse and children) are not eligible to participate in the
tender.

1.13 The price to be changed for the tender document shall be free.

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 1.14 The procuring entity shall allow the tenderer to review the tender document
free of charge before purchase.

2. Tender Documents

2.1 The complete set of tender documents comprises the documents listed below
and any addenda issued in accordance with Clause 2.4.

(a) These Instructions to Tenderers

(b) Form of Tender and Qualification Information
(c) Conditions of Contract
(d) Appendix to Conditions of Contract
(e) Specifications
(f) Drawings
(g) Bills of Quantities
(h) Forms of Securities

2.2 The tenderer shall examine all Instructions, Forms to be filled and
Specifications in the tender documents. Failure to furnish all information
required by the tender documents, or submission of a tender not
substantially responsive to the tendering documents in every respect will be
at the tenderer’s risk and may result in rejection of his tender.

2.3 A prospective tenderer making an inquiry relating to the tender documents

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

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

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

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

3. Preparation of Tenders

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

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3.2 The tender submitted by the tenderer shall comprise the following:

(a) These Instructions to Tenderers, Form of Tender, Conditions of

Contract, Appendix to Conditions of Contract and Specifications;

(b) Priced Bill of Quantities ;

(c) Qualification Information Form and Documents;

(d) Alternative offers where invited; and

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

tenderers.

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

3.4 The rates and prices quoted by the tenderer shall only be subject to
adjustment during the performance of the Contract if provided for in the
Appendix to Conditions of Contract and provisions made in the Conditions of
Contract.

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

3.6 Tenders shall remain valid for a period of sixty (120) days from the date of
submission. However in exceptional circumstances, the Employer may
request that the tenderers extend the period of validity for a specified
additional period. The request and the tenderers’ responses shall be made
in writing. A tenderer may refuse the request without forfeiting the Tender
Security. A tenderer agreeing to the request will not be required or
permitted to otherwise modify the tender, but will be required to extend the
validity of Tender Security for the period of the extension, and in compliance
with Clause 3.7 - 3.11 in all respects.

3.7 The tenderer shall furnish, as part of the tender, a Tender Security in the
amount and form specified in the appendix to invitation to tenderers. This
shall be in the amount not exceeding 2 percent of the tender price

3.8 The format of the Tender Security should be in accordance with the form of
Tender Security included in Section G - Standard forms or any other form

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 acceptable to the Employer. Tender Security shall be valid for 30 days
beyond the validity of the tender.

3.9 Any tender not accompanied by an acceptable Tender Security shall be

rejected. The Tender Security of a joint venture must define as “Tenderer”
all joint venture partners and list them in the following manner: a joint
venture consisting of”…………”,”…………”,and “…………”.

3.10 The Tender Securities of unsuccessful tenderers will be returned within 28

days of the end of the tender validity period specified in Clause 3.6.

3.11 The Tender Security of the successful tenderer will be discharged when the
tenderer has signed the Contract Agreement and furnished the required
Performance Security.

3.12 The Tender Security may be forfeited

(a) if the tenderer withdraws the tender after tender opening during the
period of tender validity;

(b) if the tenderer does not accept the correction of the tender price,
pursuant to Clause 5.7;

(c) in the case of a successful tenderer, if the tenderer fails within the
specified time limit to

(i) sign the Agreement, or

(ii) Furnish the required Performance Security.

3.13 Tenderers shall submit offers that comply with the requirements of the
tendering documents, including the basic technical design as indicated in
the Drawings and Specifications. Alternatives will not be considered, unless
specifically allowed in the invitation to tender. If so allowed, tenderers
wishing to offer technical alternatives to the requirements of the tendering
documents must also submit a tender that complies with the requirements
of the tendering documents, including the basic technical design as
indicated in the Drawings and Specifications. In addition to submitting the
basic tender, the tenderer shall provide all information necessary for a
complete evaluation of the alternative, including design calculations,
technical specifications, breakdown of prices, proposed construction
methods and other relevant details. Only the technical alternatives, if any,
of
the lowest evaluated tender conforming to the basic technical requirements
shall be considered.

3.14 The tenderer shall prepare one original of the documents comprising the
tender documents as described in Clause 3.2 of these Instructions to
Tenderers, bound with the volume containing the Form of Tender,

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 and clearly marked “ORIGINAL”. In addition, the tenderer shall submit
copies of the tender, in the number specified in the invitation to tender, and
clearly marked as “COPIES”. In the event of discrepancy between them, the
original shall prevail.

3.15 The original and all copies of the tender shall be typed or written in indelible
ink and shall be signed by a person or persons duly authorised to sign on
behalf of the tenderer, pursuant to Clause 1.5 (a) or 1.6 (b), as the case may
be. All pages of the tender where alterations or additions have been made
shall be initialed by the person or persons signing the tender.

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

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

3.17 The procuring entity shall reply to any clarifications sought by the tenderer
within 3 days of receiving the request to enable the tenderer to make timely
submission of its tender.

3.18 The tender security shall be in the amount of 0.5 – 2 per cent of the tender
price.

4. Submission of Tenders

4.1 The tenderer shall seal the original and all copies of the tender in two inner
envelopes and one outer envelope, duly marking the inner envelopes as
“ORIGINAL” and “COPIES” as appropriate. The inner and outer envelopes
shall:

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

to tender;

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

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

4.2 Tenders shall be delivered to the Employer at the address specified above not
later than the time and date specified in the invitation to tender. However,
the Employer may extend the deadline for submission of tenders by issuing
an amendment in accordance with Sub-Clause 2.5 in which case all rights
and obligations of the Employer and the tenderers previously subject to the
original deadline will then be subject to the new deadline.

4.3 Any tender received after the deadline prescribed in clause 4.2 will be
returned to the tenderer un-opened.

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 4.4 Tenderers may modify or withdraw their tenders by giving notice in writing
before the deadline prescribed in clause 4.2. Each tenderer’s modification or
withdrawal notice shall be prepared, sealed, marked,
and delivered in accordance with clause 3.13 and 4.1, with the outer and
inner envelopes additionally marked “MODIFICATION “and
“WITHDRAWAL”, as appropriate. No tender may be modified after the
deadline for submission of tenders.

4.5 Withdrawal of a tender between the deadline for submission of

Tenders and the expiration of the period of tender validity specified in the
invitation to tender or as extended pursuant to Clause 3.6 may result in the
forfeiture of the Tender Security pursuant to Clause 3.11.

4.6 Tenderers may only offer discounts to, or otherwise modify the prices of their
tenders by submitting tender modifications in accordance with Clause 4.4 or
be included in the original tender submission.

5. Tender Opening and Evaluation

5.1 The tenders will be opened by the Employer, including modifications made
pursuant to Clause 4.4, in the presence of the tenderers’ representatives who choose to
attend at the time and in the place specified in the invitation to tender. Envelopes
marked “WITHDRAWAL” shall be opened and read out first. Tenderers’ and Employer’s
representatives who are present during the opening shall sign a register evidencing
their attendance.

5.2 The tenderers’ names, the tender prices, the total amount of each tender and
of any alternative tender (if alternatives have been requested or permitted),
any discounts, tender modifications and withdrawals, the presence or
absence of Tender Security, and such other details as may be considered
appropriate, will be announced by the Employer at the opening. Minutes of
the tender opening, including the information disclosed to those present will
be prepared by the Employer.

5.3 Information relating to the examination, clarification, evaluation, and

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

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

Employer at his discretion, may ask any tenderer for clarification of the
tender, including breakdowns of unit rates. The request for clarification and
the response shall be in writing or by cable, telex or facsimile but no change
in the price or substance of the tender shall be sought, offered, or permitted
except as required to confirm the correction of arithmetic errors discovered
in the evaluation of the tenders in accordance with Clause 5.7.

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5.5 Prior to the detailed evaluation of tenders, the Employer will determine
whether each tender (a) meets the eligibility criteria defined
in Clause 1.7;(b) has been properly signed; (c) is accompanied by the
required securities; and (d) is substantially responsive to the requirements of
the tendering documents. A substantially responsive tender is one which
conforms to all the terms, conditions and specifications of the tendering
documents, without material deviation or reservation. A material deviation
or reservation is one (a) which affects in any substantial way the scope,
quality, or performance of the works; (b) which limits in any substantial way,
inconsistent with the tendering documents, the Employer’s rights or the
tenderer’s obligations under the Contract; or (c) whose rectification would
affect unfairly the competitive position of other tenderers presenting
substantially responsive tenders.

5.6 If a tender is not substantially responsive, it will be rejected, and may not
subsequently be made responsive by correction or withdrawal of the
nonconforming deviation or reservation.

5.7 Tenders determined to be substantially responsive will be checked for any

arithmetic errors. Errors will be corrected as follows:

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

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

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

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

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

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

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

(f) the amount stated in the tender will be adjusted in accordance with
the above procedure for the correction of errors and, with
Concurrence of the tenderer, shall be considered as binding upon the
tenderer. If the tenderer does not accept the corrected amount, the

14
 tender may be rejected and the Tender Security may be forfeited in
accordance with clause 3.11.

5.8 The Employer will evaluate and compare only the tenders determined to be
substantially responsive in accordance with Clause 5.5.

5.9 In evaluating the tenders, the Employer will determine for each tender the
evaluated tender price by adjusting the tender price as follows:

(a) making any correction for errors pursuant to clause 5.7;

(b) Excluding provisional sums and the provision, if any, for contingencies
in the Bill of Quantities, but including Day works where priced
competitively.

(c) making an appropriate adjustment for any other acceptable variations,

deviations, or alternative offers submitted in accordance with clause
3.12; and

(d) making appropriate adjustments to reflect discounts or other price

modifications offered in accordance with clause 4.6

5.10 The Employer reserves the right to accept or reject any variation, deviation,
or alternative offer. Variations, deviations, and alternative offers and other
factors which are in excess of the requirements of the tender documents or
otherwise result in unsolicited benefits for the Employer will not be taken
into account in tender evaluation.

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

5.12 Firms incorporated in Kenya where indigenous Kenyans own 51% or more of
the share capital shall be allowed a 10% preferential bias provided that they
do not sub-contract work valued at more than 50% of the Contract Price
excluding Provisional Sums to an
Non-indigenous sub-contractor

6. Award of Contract

6.1 Subject to Clause 6.2, the award of the Contract will be made to the tenderer
whose tender has been determined to be substantially
responsive to the tendering documents and who has offered the lowest
evaluated tender price, provided that such tenderer has been determined to
be (a) eligible in accordance with the provision of Clauses 1.2, and (b)
qualified in accordance with the provisions of clause 1.7 and 1.8.

15
 6.2 Notwithstanding clause 6.1 above, the Employer reserves the right to
accept or reject any tender, and to cancel the tendering process and reject all
tenders, at any time prior to the award of Contract, without thereby
incurring any liability to the affected tenderer or tenderers or any obligation
to inform the affected tenderer or tenderers of the grounds for the action.

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

The contract shall be formed on the parties signing the contract.

6.4 The Agreement will incorporate all agreements between the Employer and
the successful tenderer. Within 14 days of receipt the successful tenderer
will sign the Agreement and return it to the Employer.

6.5 Within 21 days after receipt of the Letter of Acceptance, the successful
tenderer shall deliver to the Employer a Performance Security in the amount
stipulated in the Appendix to Conditions of Contract and in the form
stipulated in the Tender documents. The Performance Security shall be in
the amount and specified form

6.6 Failure of the successful tenderer to comply with the requirements of clause
6.5 shall constitute sufficient grounds for cancellation of the award and
forfeiture of the Tender Security.

6.7 Upon the furnishing by the successful tenderer of the Performance Security,
the Employer will promptly notify the other tenderers that their tenders have
been unsuccessful.

6.8 Preference where allowed in the evaluation of tenders shall not be allowed for
contracts not exceeding one year (12 months)

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

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

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

16
 6.12 Where contract price variation is allowed, the valuation shall not exceed 20%
of the original contract price.

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

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

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

6.16 A tenderer who gives false information in the tender document about its
qualification or who refuses to enter into a contract after notification of
contract award shall be considered for debarment from participating in
future public procurement.

7. Corrupt and Fraudulent practices

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

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SECTION III
CONDITIONS OF CONTRACT
Table of Contents
1 Definitions ………………………………………………… 15
2 Interpretation……………………………………………… 17
3 Language and Law ………………………………………… 17
4 Project Manager’s Decisions……………………………… 17
5 Delegation………………………………………………… 18
6 Communications ………………………………………… 18
7 Sub Contracting ………………………………………… 18
8 Other Contractors ……………………………………… 18
9 Personnel ………………………………………………… 18
10 Works……………………………………………………… 19
11 Safety and temporary works ……………………………… 19
12 Discoveries ………………………………………………… 19
13 Work Programme ………………………………………… 19 -20
14 Possession of site ………………………………………… 20
15 Access to site …………………………………………… 20
16 Instructions ……………………………………………… 20
17 Extension or Acceleration of completion date ………… 20
18 Management Meetings ………………………………… 21
19 Early Warning …………………………………………… 21
20 Defects …………………………………………………… 21 - 22
21 Bills of Quantities ………………………………………… 22
22 Variations ………………………………………………… 22- 23
23 Payment certificates, currency of payments and
Advance Payments ……………………………………… 23
24 Compensation events …………………………………… 25 - 27
25 Price Adjustment ………………………………………… 27 - 29

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26 Retention ………………………………………………… 29
27 Liquidated Damages……………………………………… 29
28 Securities ………………………………………………… 29
29 Day Works ……………………………………………… 29 - 30
30 Liability and Insurance …………………………………… 30 - 31
31 Completion and taking over ……………………………… 31
32 Final Account …………………………………………… 31
33 Termination ……………………………………………… 31 - 32
34 Payment upon termination ………………………………… 32 - 33
35 Release from performance ………………………………… 33
36 Corrupt gifts and payments of commission ………………33 - 34
37 Settlement of Disputes ……………………………………… 34 - 36

19
 CONDITIONS OF CONTRACT

1. Definitions

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

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

forming part of the tender.

“Compensation Events” are those defined in Clause 24 hereunder.

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

certified by the Project Manager, in accordance with Clause 31.

“The Contract” means the agreement entered into between the Employer
and the Contractor as recorded in the Agreement Form and signed by the
parties including all attachments and appendices thereto and all documents
incorporated by reference therein to execute, complete, and maintain the
Works,

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

carry out the Works has been accepted by the Employer.

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

by the Contractor to the Employer.

“The Contract Price” is the price stated in the Letter of Acceptance and
thereafter as adjusted in accordance with the provisions of the Contract.

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

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

“The Defects Liability Certificate” is the certificate issued by Project

Manager upon correction of defects by the Contractor.

“The Defects Liability Period” is the period named in the Contract Data
and calculated from the Completion Date.

20
“Drawings” include calculations and other information provided or approved
by the Project Manager for the execution of the Contract.

“Dayworks” are Work inputs subject to payment on a time basis for labour
and the associated materials and plant.

“Employer”, or the “Procuring entity” as defined in the Public

Procurement Regulations (i.e. Central or Local Government administration,
Universities, Public Institutions and Corporations, etc) is the party who
employs the Contractor to carry out the Works.

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

temporarily to the Site for the execution of the Works.

“The Intended Completion Date” is the date on which it is intended that

the Contractor shall complete the Works. The Intended Completion Date
may be revised only by the Project Manager by issuing an extension of time
or an acceleration order.

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

for incorporation in the Works.

“Plant” is any integral part of the Works that shall have a mechanical,
electrical, chemical, or biological function.

“Project Manager” is the person named in the Appendix to Conditions of

Contract (or any other competent person appointed by the Employer and
notified to the Contractor, to act in replacement of the Project Manager) who
is responsible for supervising the execution of the Works and administering
the Contract and shall be an “Architect” or a “Quantity Surveyor” registered
under the Architects and Quantity Surveyors Act Cap 525 or an “Engineer”
registered under Engineers Registration Act Cap 530.

“Site” is the area defined as such in the Appendix to Condition of Contract.

“Site Investigation Reports” are those reports that may be included in the
tendering documents which are factual and interpretative about the surface
and subsurface conditions at the Site.

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

Contract and any modification or addition made or approved by the Project
Manager.

“Start Date” is the latest date when the Contractor shall commence
execution of the Works. It does not necessarily coincide with the Site
possession date(s).

21
 “A Subcontractor” is a person or corporate body who has a Contract with
the Contractor to carry out a part of the Work in the Contract, which
includes Work on the Site.

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

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

“A Variation” is an instruction given by the Project Manager which varies the

Works.

“The Works” are what the Contract requires the Contractor to construct, install,
and turnover to the Employer, as defined in the Appendix to Conditions of
Contract.

2. Interpretation

2.1 In interpreting these Conditions of Contract, singular also means plural,

male also means female or neuter, and the other way around. Headings
have no significance. Words have their normal meaning in English
Language unless specifically defined. The Project Manager will provide
instructions clarifying queries about these Conditions of Contract.

2.2 If sectional completion is specified in the Appendix to Conditions of Contract,

reference in the Conditions of Contract to the Works, the Completion Date
and the Intended Completion Date apply to any section of the Works (other
than references to the Intended Completion Date for the whole of the Works).

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

(1) Agreement,

(2) Letter of Acceptance,

(3) Contractor’s Tender,

(4) Appendix to Conditions of Contract,

(5) Conditions of Contract,

(6) Specifications,

(7) Drawings,

(8) Bill of Quantities,

(9) Any other documents listed in the Appendix to Conditions of Contract

as forming part of the Contract.

22
 Immediately after the execution of the Contract, the Project Manager
shall furnish both the Employer and the Contractor with two copies
each of all the Contract documents. Further, as and when necessary
the Project Manager shall furnish the Contractor [always with a copy
to the Employer] with three [3] copies of such further drawings or
details or descriptive schedules as are reasonably necessary either
to explain or amplify the Contract drawings or to enable the
Contractor to carry out and complete the Works in accordance with
these Conditions.

3. Language and Law

3.1 Language of the Contract and the law governing the Contract shall be
English language and the Laws of Kenya respectively unless
otherwise stated.

4 Project Manager’s Decisions

4.1 Except where otherwise specifically stated, the Project Manager will decide
contractual matters between the Employer and the Contractor in the role
representing the Employer.

5 Delegation

5.1 The Project Manager may delegate any of his duties and responsibilities to
others after notifying the Contractor.

6 Communications

6.1 Communication between parties shall be effective only when in writing. A

notice shall be effective only when it is delivered.

7 Subcontracting

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

8 Other Contractors

8.1 The Contractor shall cooperate and share the Site with other contractors,
public authorities, utilities etc. as listed in the Appendix to Conditions of
Contract and also with the Employer, as per the directions of the Project
Manager. The Contractor shall also provide facilities and services for them.
The Employer may modify the said List of Other Contractors etc., and shall
notify the Contractor of any such modification.

9 Personnel

23
 9.1 The Contractor shall employ the key personnel named in the Qualification
Information, to carry out the functions stated in the said Information or
other personnel approved by the Project Manager. The Project Manager will
approve any proposed replacement of key personnel only if their relevant
qualifications and abilities are substantially equal to or better than those of
the personnel listed in the Qualification Information. If the Project Manager
asks the Contractor to remove a person who is a member of the Contractor’s
staff or work force, stating the reasons, the Contractor shall ensure that the
person leaves the Site within seven days and has no further connection with
the Work in the Contract.

10 Works

10.1 The Contractor shall construct and install the Works in accordance with the
Specifications and Drawings. The Works may commence on the Start Date
and shall be carried out in accordance with the Program submitted by the
Contractor, as updated with the approval of the Project Manager, and
complete them by the Intended Completion Date.

11 Safety and Temporary Works

11.1 The Contractor shall be responsible for the design of temporary works.
However before erecting the same, he shall submit his designs including
specifications and drawings to the Project Manager and to any other relevant
third parties for their approval. No erection of temporary works shall be
done until such approvals are obtained.

11.2 The Project Manager’s approval shall not alter the Contractor’s responsibility
for design of the Temporary works and all drawings prepared by the
Contractor for the execution of the temporary or permanent Works, shall be
subject to prior approval by the Project Manager before they can be used.

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

12. Discoveries

12.1 Anyth ing of historical or other interest or of significant value unexpectedly

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

13. Work Program

13.1 Within the time stated in the Appendix to Conditions of Contract, the
Contractor shall submit to the Project Manager for approval a program
showing the general methods, arrangements, order, and timing for all the
activities in the Works. An update of the program shall be a program
showing the actual progress achieved on each activity and the effect of

24
 the progress achieved on the timing of the remaining Work, including any
changes to the sequence of the activities.

The Contractor shall submit to the Project Manager for approval an updated
program at intervals no longer than the period stated in the Appendix to
Conditions of Contract. If the Contractor does not submit an updated
program within this period, the Project Manager
may withhold the amount stated in the said Appendix from the next
payment certificate and continue to withhold this amount until the next
payment after the date on which the overdue program has been submitted.
The Project Manager’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.

14. Possession of Site

14.1 The Employer shall give possession of all parts of the Site to the
Contractor. If possession of a part is not given by the date stated in the
Appendix to Conditions of Contract, the Employer will be deemed to
have delayed the start of the relevant activities, and this will be a
Compensation Event.

15. Access to Site

15.1 The Contractor shall allow the Project Manager and any other person
authorised by the Project Manager, access to the Site and to any place
where work in connection with the Contract is being carried out or is
intended to be carried out.

16. Instructions

16.1 The Contractor shall carry out all instructions of the Project Manager
which are in accordance with the Contract.

17. Extension or Acceleration of Completion Date

17.1 The Project Manager shall extend the Intended Completion Date if a
Compensation Event occurs or a variation is issued which makes it
impossible for completion to be achieved by the Intended Completion
Date without the Contractor taking steps to accelerate the remaining
Work, which would cause the Contractor to incur additional cost. The
Project Manager shall decide whether and by how much to extend the
Intended Completion Date within 21 days of the Contractor asking the
Project Manager in writing for a decision upon the effect of a
Compensation Event or variation and submitting full supporting
information. If the Contractor has failed to give early warning of a delay
or has failed to cooperate in dealing with a delay, the delay caused by

25
 such failure shall not be considered in assessing the new (extended)
Completion Date.

17.2 No bonus for early completion of the Works shall be paid to the
Contractor by the Employer.

18. Management Meetings

18.1 A Contract management meeting shall be held monthly and attended by

the Project Manager and the Contractor. Its business shall be to review
the plans for the remaining Work and to deal with matters raised in
accordance with the early warning procedure. The Project Manager shall
record the minutes of management meetings and provide copies of the
same to those attending the meeting and the Employer. The
responsibility of the parties for actions to be taken shall be decided by
the Project Manager either at the management meeting or after the
management meeting and stated in writing to all who attended the
meeting.

19. Early Warning

19.1 The Contractor shall warn the Project Manager at the earliest opportunity
of specific likely future events or circumstances that may adversely affect
the quality of the Work, increase the Contract Price or delay the execution
of the Works. The Project Manager may require the Contractor to provide
an estimate of the expected effect of the future event or circumstance on
the Contract Price and Completion Date. The estimate shall be provided
by the Contractor as soon as reasonably possible.

19.2 The Contractor shall cooperate with the Project Manager in making and
considering proposals on how the effect of such an event or
circumstance can be avoided or reduced by anyone involved in the
Work and in carrying out any resulting instructions of the Project
Manager.

20. Defects

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

20.2 The Project Manager shall give notice to the Contractor of any defects

26
 before the end of the Defects Liability Period, which begins at Completion,
and is defined in the Appendix to Conditions of Contract. The Defects
Liability Period shall be extended for as long as defects remain to be
corrected.

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

21. Bills Of Quantities

21.1 The Bills of Quantities shall contain items for the construction,
installation, testing and commissioning of the Work to be done by the
Contractor. The Contractor will be paid for the quantity of the Work done
at the rate in the Bills of Quantities for each item.

21.2 If the final quantity of the Work done differs from the quantity in the
Bills of Quantities for the particular item by more than 25 percent and
provided the change exceeds 1 percent of the Initial Contract price, the
Project Manager shall adjust the rate to allow for the change.

21.3 If requested by the Project Manager, the Contractor shall provide the
Project Manager with a detailed cost breakdown of any rate in the Bills
of Quantities.

22. Variations

22.1 All variations shall be included in updated programs produced by the

Contractor.

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

22.3 If the work in the variation corresponds with an item description in the
Bills of Quantities and if in the opinion of the Project Manager, the
quantity of work is not above the limit stated in Clause 21.2 or the
timing of its execution does not cause the cost per unit of quantity to
change, the rate in the Bills of Quantities shall be used to calculate the
value of the variation. If the cost per unit of quantity changes, or

27
 if the nature or timing of the work in the variation does not correspond with
items in the Bills of Quantities, the quotation by the Contractor shall be in
the form of new rates for the relevant items of Work.

22.4 If the Contractor’s quotation is unreasonable, the Project Manager may

order the variation and make a change to the Contract price, which
shall be based on the Project Manager’s own forecast of the effects of
the variation on the Contractor’s costs.

22.5 If the Project Manager decides that the urgency of varying the Work
would prevent a quotation being given and considered without delaying
the Work, no quotation shall be given and the variation shall be treated
as a Compensation Event.

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

22.7 When the Program is updated, the Contractor shall provide the Project
Manager with an updated cash flow forecast.

23. Payment Certificates, Currency of Payments and Advance Payments

23.1 The Contractor shall submit to the Project Manager monthly

applications for payment giving sufficient details of the Work done and
materials on Site and the amounts which the Contractor considers
himself to be entitled to. The Project Manager shall check the monthly
application and certify the amount to be paid to the Contractor within
14 days. The value of Work executed and payable shall be determined
by the Project Manager.

23.2 The value of Work executed shall comprise the value of the quantities
of the items in the Bills of Quantities completed, materials delivered on
Site, variations and compensation events. Such materials shall
become the property of the Employer once the Employer has paid the
Contractor for their value . Thereafter, they shall not be removed from
Site without the Project Manager’s instructions except for use upon the
Works.

23.3 Payments shall be adjusted for deductions for retention. The Employer
shall pay the Contractor the amounts certified by the Project Manager
within 30 days of the date of issue of each certificate. If the Employer
makes a late payment, the Contractor shall be paid simple interest on
the late payment in the next payment. Interest shall be calculated on
the basis of number of days delayed at a rate three percentage points
above the Central Bank of Kenya’s average rate for base lending
prevailing as of the first day the payment becomes overdue.

23.4 If an amount certified is increased in a later certificate or as a result of

an award by an Arbitrator, the Contractor shall be paid interest upon

28
 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.

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

23.6 The Contract Price shall be stated in Kenya Shillings. All payments to
the Contractor shall be made in Kenya Shillings and foreign currency
in the proportion indicated in the tender, or agreed prior to the
execution of the Contract Agreement and indicated therein. The rate of
exchange for the calculation of the amount of foreign currency payment
shall be the rate of exchange indicated in the Appendix to Conditions of
Contract. If the Contractor indicated foreign currencies for payment
other than the currencies of the countries of origin of related goods and
services the Employer reserves the right to pay the equivalent at the
time of payment in the currencies of the countries of such goods and
services. The Employer and the Project Manager shall be notified
promptly by the Contractor of an changes in the expected foreign
currency requirements of the Contractor during the execution of the
Works as indicated in the Schedule of Foreign Currency Requirements
and the foreign and local currency portions of the balance of the
Contract Price shall then be amended by agreement between Employer
and the Contractor in order to reflect appropriately such changes.

23.7 In the event that an advance payment is granted, the following shall apply:-

a) On signature of the Contract, the Contractor shall at his request, and

without furnishing proof of expenditure, be entitled to an advance of
10% (ten percent) of the original amount of the Contract. The advance
shall not be subject to retention money.

b) No advance payment may be made before the Contractor has

submitted proof of the establishment of deposit or a directly
liable guarantee satisfactory to the Employer in the amount of the
advance payment. The guarantee shall be in the same currency as the
advance.

c) Reimbursement of the lump sum advance shall be made by

deductions from the Interim payments and where applicable from the
balance owing to the Contractor. Reimbursement shall begin when
the amount of the sums due under the Contract reaches 20% of the
original amount of the Contract. It shall have been completed by the
time 80% of this amount is reached.

The amount to be repaid by way of successive deductions shall be calculated by

means of the formula:

29
 R = A(x1 – x11)
80 – 20
Where:

R = the amount to be reimbursed

A = the amount of the advance which has been granted

X1 = the amount of proposed cumulative payments as a

percentage of the original amount of the Contract. This
figure will exceed 20% but not exceed 80%.

X11 = the amount of the previous cumulative payments as a

percentage of the original amount of the Contract. This
figure will be below 80%but not less than 20%.

d) with each reimbursement the counterpart of the directly liable

guarantee may be reduced accordingly.

24. Compensation Events

24.1 The following issues shall constitute Compensation Events:

(a) The Employer does not give access to a part of the Site by the Site
Possession Date stated in the Appendix to Conditions of Contract.

(b) The Employer modifies the List of Other Contractors, etc., in a way
that affects the Work of the Contractor under the Contract.

(c) The Project Manager orders a delay or does not issue drawings,
specifications or instructions required for execution of the Works on
time.

(d) The Project Manager instructs the Contractor to uncover or to carry

out additional tests upon the Work, which is then found to have no
defects.

(e) The Project Manager unreasonably does not approve a subcontract to

be let.

(f) Ground conditions are substantially more adverse than could

reasonably have been assumed before issuance of the Letter of
Acceptance from the information issued to tenderers (including the
Site investigation reports), from information available publicly and
from a visual inspection of the Site.

(g) The Project Manager gives an instruction for dealing with an

unforeseen condition, caused by the Employer or additional work
required for safety or other reasons.

30
 (h) Other contractors, public authorities, utilities, or the Employer does
not work within the dates and other constraints stated in the
Contract, and they cause delay or extra cost to the Contractor.

(i) The effects on the Contractor of any of the Employer’s risks.

(j) The Project Manager unreasonably delays issuing a Certificate of

Completion.

(k) Other compensation events described in the Contract or determined

by the Project Manager shall apply.

24.2 If a compensation event would cause additional cost or would prevent

the Work being completed before the Intended Completion Date, the
Contract Price shall be increased and/or the Intended Completion Date
shall be extended. The Project Manager shall decide whether and by
how much the Contract Price shall be increased and whether and by
how much the Intended Completion Date shall be extended.

24.3 As soon as information demonstrating the effect of each compensation

event upon the Contractor’s forecast cost has been provided by the
Contractor, it shall be assessed by the Project Manager, and the
Contract Price shall be adjusted accordingly. If the Contractor’s
forecast is deemed unreasonable, the Project Manager shall adjust the
Contract Price based on the Project Manager’s own forecast. The
Project Manager will assume that the Contractor will react competently and
promptly to the event.

24.4 The Contractor shall not be entitled to compensation to the extent that
the Employer’s interests are adversely affected by the Contractor not
having given early warning or not having co-operated with the Project
Manager.

24.5 Prices shall be adjusted for fluctuations in the cost of inputs only if
provided for in the Appendix to Conditions of Contract.

24.6 The Contractor shall give written notice to the Project Manager of his
intention to make a claim within thirty days after the event giving rise
to the claim has first arisen. The claim shall be submitted within thirty
days thereafter.

Provided always that should the event giving rise to the claim of continuing
effect, the Contractor shall submit an interim claim within the said thirty
days and a final claim within thirty days of the end of the event giving rise to
the claim.

25. Price Adjustment

31
25.1 The Project Manager shall adjust the Contract Price if taxes, duties and
other levies are changed between the date 30 days before the
submission of tenders for the Contract and the date of Completion.
The adjustment shall be the change in the amount of tax payable by
the Contractor.

25.2 The Contract Price shall be deemed to be based on exchange rates

current at the date of tender submission in calculating the cost to the
Contractor of materials to be specifically imported (by express
provisions in the Contract Bills of Quantities or Specifications) for
permanent incorporation in the Works. Unless otherwise stated in the
Contract, if at any time during the period of the Contract exchange
rates shall be varied and this shall affect the cost to the Contractor of
such materials, then the Project Manager shall assess the net
difference in the cost of such materials. Any amount from time to time
so assessed shall be added to or deducted from the Contract Price, as
the case may be.

25.3 Unless otherwise stated in the Contract, the Contract Price shall be
deemed to have been calculated in the manner set out below and in
sub-clauses 25.4 and 25.5 and shall be subject to adjustment in the
events specified thereunder;

(i) The prices contained in the Contract Bills of Quantities shall be

deemed to be based upon the rates of wages and other
emoluments and expenses as determined by the Joint Building
Council of Kenya (J.B.C.) and set out in the schedule of basic rates
issued 30 days before the date for submission of tenders.A copy of the
schedule used by the Contractor in his pricing shall be attached in the
Appendix to Conditions of Contract.

(ii) Upon J.B.C. determining that any of the said rates of wages or other
emoluments and expenses are increased or decreased, then the
Contract Price shall be increased or decreased by the amount assessed
by the Project Manager based upon the difference, expressed as a
percentage, between the rate set out
in the schedule of basic rates issued 30 days before the date for
submission of tenders and the rate published by the J.B.C. and
applied to the quantum of labour incorporated within the amount of
Work remaining to be executed at the date of publication of such
increase or decrease.

(iii) No adjustment shall be made in respect of changes in the rates of

wages and other emoluments and expenses which occur after the date
of Completion except during such other period as may be granted as
an extension of time under clause 17.0 of these Conditions.

25.4 The prices contained in the Contract Bills of Quantities shall be

deemed to be based upon the basic prices of materials to be

32
 permanently incorporated in the Works as determined by the J.B.C.
and set out in the schedule of basic rates issued 30 days before the
date for submission of tenders. A copy of the schedule used by the
Contractor in his pricing shall be attached in the Appendix to
Conditions of Contract.

25.5 Upon the J.B.C. determining that any of the said basic prices are
increased or decreased then the Contract Price shall be increased or
decreased by the amount to be assessed by the Project Manager based
upon the difference between the price set out in the schedule of basic
rates issued 30 days before the date for submission of tenders and the
rate published by the J.B.C. and applied to the quantum of the
relevant materials which have not been taken into account in arriving
at the amount of any interim certificate under clause 23 of these
Conditions issued before the date of publication of such increase or
decrease.

25.6 No adjustment shall be made in respect of changes in basic prices of

materials which occur after the date for Completion except during such
other period as may be granted as an extension of time under clause
17.0 of these Conditions.

25.7 The provisions of sub-clause 25.1 to 25.2 herein shall not apply in
respect of any materials included in the schedule of basic rates.

26. Retention

26.1 The Employer shall retain from each payment due to the Contractor the
proportion stated in the Appendix to Conditions of Contract until
Completion of the whole of the Works. On Completion of the whole of
the Works, half the total amount retained shall be repaid to the
Contractor and the remaining half when the Defects Liability Period
has passed and the Project Manager has certified that all defects
notified to the Contractor before the end of this period have been
corrected.

27. Liquidated Damages

27.1 The Contractor shall pay liquidated damages to the Employer at the
rate stated in the Appendix to Conditions of Contract for each day that
the actual Completion Date is later than the Intended Completion Date.
The Employer may deduct liquidated damages from payments due to
the Contractor. Payment of liquidated damages shall not alter the
Contractor’s liabilities.

27.2 If the Intended Completion Date is extended after liquidated damages

have been paid, the Project Manager shall correct any overpayment of
liquidated damages by the Contractor by adjusting the next payment
certificate. The Contractor shall be paid interest on the overpayment,

33
 calculated from the date of payment to the date of repayment, at the
rate specified in Clause 23.30

28. Securities

28.1 The Performance Security shall be provided to the Employer no later

than the date specified in the Letter of Acceptance and shall be issued
in an amount and form and by a reputable bank acceptable to the
Employer, and denominated in Kenya Shillings. The Performance
Security shall be valid until a date 30 days beyond the date of issue of
the Certificate of Completion.

29. Day works

29.1 If applicable, the Dayworks rates in the Contractor’s tender shall be

used for small additional amounts of Work only when the Project
Manager has given written instructions in advance for additional work
to be paid for in that way.

29.2 All work to be paid for as Dayworks shall be recorded by the Contractor
on Forms approved by the Project Manager. Each
Completed form shall be verified and signed by the Project Manager within
two days of the Work being done.

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

30. Liability and Insurance

30.1 From the Start Date until the Defects Correction Certificate has been
issued, the following are the Employer’s risks:

(a) The risk of personal injury, death or loss of or damage to property

(excluding the Works, Plant, Materials and Equipment), which are due
to;

(i) use or occupation of the Site by the Works or for the purpose of
the Works, which is the unavoidable result of the Works, or

(ii) negligence, breach of statutory duty or interference with any

legal right by the Employer or by any person employed by or
contracted to him except the Contractor.

34
 (b) The risk of damage to the Works, Plant, Materials, and Equipment to
the extent that it is due to a fault of the Employer or in Employer’s
design, or due to war or radioactive contamination directly affecting
the place where the Works are being executed.

30.2 From the Completion Date until the Defects Correction Certificate has
been issued, the risk of loss of or damage to the Works, Plant, and
Materials is the Employer’s risk except loss or damage due to;

(a) a defect which existed on or before the Completion Date.

(b) an event occurring before the Completion Date, which was not itself
the Employer’s risk

(c) the activities of the Contractor on the Site after the Completion Date.

30.3 From the Start Date until the Defects Correction Certificate has been
issued, the risks of personal injury, death and loss of or damage to
property (including, without limitation, the Works, Plant, Materials,
and Equipment) which are not Employer’s risk are Contractor’s risks.

The Contractor shall provide, in the joint names of the Employer and the
Contractor, insurance cover from the Start Date to the end of the Defects
Liability Period, in the amounts stated in the Appendix to Conditions of
Contract for the following events;
(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant, Materials, and
Equipment) in connection with the Contract, and
(d) Personal injury or death.

30.4 Policies and certificates for insurance shall be delivered by the

Contractor to the Project Manager for the Project Manager’s approval
before the Start Date. All such insurance shall provide for
compensation required to rectify the loss or damage incurred.

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

30.6 Alterations to the terms of an insurance shall not be made without the
approval of the Project Manager. Both parties shall comply with any
conditions of insurance policies.

31. Completion and taking over

35
 31.1 Upon deciding that the Works are complete, the Contractor shall issue
a written request to the Project Manager to issue a Certificate of
Completion of the Works. The Employer shall take over the Site and
the Works within seven [7] days of the Project Manager’s issuing a
Certificate of Completion.

32. Final Account

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

33. Termination

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

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

(a) the Contractor stops work for 30 days 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 Contractor is declared bankrupt or goes into liquidation other than
for a reconstruction or amalgamation;

(d) a payment certified by the Project Manager is not paid by the

Employer to the Contractor within 30 days (for Interim Certificate) or
60 days (for Final Certificate)of issue.

(e) the Project Manager gives notice that failure to correct a particular
defect is a fundamental breach of Contract and the Contractor fails to
correct it within a reasonable period of time determined by the Project
Manager;

(f) the Contractor does not maintain a security, which is required.

36
 33.2 When either party to the Contract gives notice of a breach of Contract
to the Project Manager for a cause other than those listed under Clause
33.1 above, the Project Manager shall decide whether the breach is
fundamental or not.

33.3 Notwithstanding the above, the Employer may terminate the Contract
for convenience.

33.4 If the Contract is terminated, the Contractor shall stop work

immediately, make the Site safe and secure, and leave the Site as soon
as reasonably possible. The Project Manager shall immediately
thereafter arrange for a meeting for the purpose of taking record of the
Works executed and materials, goods, equipment and temporary
buildings on Site.

34. Payment Upon Termination

34.1 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 and
delivered to Site up to the date of the issue of the certificate. Additional
liquidated damages shall not apply. If the total amount due to the
Employer exceeds any payment due to the Contractor, the difference
shall be a debt payable by the Contractor.

34.2 If the Contract is terminated for the Employer’s convenience or because

of a fundamental breach of Contract by the Employer, 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.

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

34.4 The Contractor shall, during the execution or after the completion of
the Works under this clause remove from the Site as and when
required, within such reasonable time as the Project Manager may in
writing specify, any temporary buildings, plant, machinery, appliances,
goods or materials belonging to or hired by him, and in default the
Employer may (without being responsible for any loss or damage)
remove and sell any such property of the Contractor, holding the
proceeds less all costs incurred to the credit of the Contractor.
Until after completion of the Works under this clause the Employer shall not
be bound by any other provision of this Contract to make any payment to
the Contractor, but upon such completion as aforesaid and the verification

37
 within a reasonable time of the accounts therefore the Project Manager shall
certify the amount of expenses properly incurred by the Employer and, if
such amount added to the money paid to the Contractor before such
determination exceeds the total amount which would have been payable on
due completion in accordance with this Contract the difference shall be a
debt payable to the Employer by the Contractor; and if the said amount
added to the said money be less than the said total amount, the difference
shall be a debt payable by the Employer to the Contractor.

35. Release from Performance

35.1 If the Contract is frustrated by the outbreak of war or by any other

event entirely outside the control of either the Employer or the
Contractor, the Project Manager shall certify that the Contract has
been frustrated. The Contractor shall make 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.

36 Corrupt gifts and payments of commission

The Contractor shall not;

(a) Offer or give or agree to give to any person in the service of the

Employer any gift or consideration of any kind as an inducement or reward

for doing or forbearing to do or for having done or forborne to do any act in
relation to the obtaining or execution of this or any other Contract for the
Employer or for showing or forbearing to show favour
or disfavour to any person in relation to this or any other contract for the
Employer.

(b) Enter into this or any other contract with the Employer in connection with
which commission has been paid or agreed to be paid by him or on his
behalf or to his knowledge, unless before the Contract is made particulars of
any such commission and of the terms and conditions of any agreement for
the payment thereof have been disclosed in writing to the Employer.

Any breach of this Condition by the Contractor or by anyone employed by

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

38
 Procurement Regulations issued under The Exchequer and Audit Act Cap
412 of the Laws of Kenya.

36. Settlement Of Disputes

36.1 In case any dispute or difference shall arise between the Employer or
the Project Manager on his behalf and the Contractor, either during the
progress or after the completion or termination of the Works, such
dispute shall be notified in writing by either party to the other with a
request to submit it to arbitration and to concur in the appointment of
an Arbitrator within thirty days of the notice. The dispute 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 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

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

36.2 The arbitration may be on the construction of this Contract or on any

matter or thing of whatsoever nature arising thereunder or in
connection therewith, including any matter or thing left by this
Contract to the discretion of the Project Manager, or the withholding by
the Project Manager of any certificate to which the Contractor may
claim to be entitled to or the measurement and valuation referred to in
clause 23.0 of these conditions, or the rights and liabilities of the
parties subsequent to the termination of Contract.

36.3 Provided that no arbitration proceedings shall be commenced on any

dispute or difference where notice of a dispute or difference 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.

36.4 Notwithstanding the issue of a notice as stated above, the arbitration of

such a dispute or difference shall not commence unless an attempt has
in the first instance been made by the parties to settle such dispute or
difference amicably with or without the assistance of third parties.
Proof of such attempt shall be required.

39
36.5 Notwithstanding anything stated herein the following matters may be
referred to arbitration before the practical completion of the Works or
abandonment of the Works or termination of the Contract by either
party:

36.5.1 The appointment of a replacement Project Manager

upon the said person ceasing to act.

36.5.2 Whether or not the issue of an instruction by the

Project
Manager is empowered by these Conditions.

36.5.3 Whether or not a certificate has been improperly

withheld
or is not in accordance with these Conditions.

Any dispute or difference arising in respect of war risks

or war damage.

36.6 All other matters shall only be referred to arbitration after the
completion or alleged completion of the Works or termination or alleged
termination of the Contract, unless the Employer and the Contractor
agree otherwise in writing.

36.7 The Arbitrator shall, without prejudice to the generality of his powers,
have powers to direct such measurements, computations, tests or
valuations as may in his opinion be desirable in order to determine the
rights of the parties and assess and award any sums which ought to
have been the subject of or included in any certificate.

36.8 The Arbitrator shall, without prejudice to the generality of his powers,

have powers to open up, review and revise any certificate, opinion, decision,
requirement or notice and to determine all matters in dispute which shall be
submitted to him in the same manner as if no such certificate, opinion,
decision requirement or notice had been given.

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

40
THE EMPLOYER IS

Name: _________________________________________________________________________

Address: ______________________________________________________________________

Name of Authorized Representative: ____________________________________________

Telephone: _______________________

Facsimile: ________________________

The Project Manager is

Name: _________________________________________________________________________

Address: _______________________________________________________________________

Telephone: _______________________

Facsimile: ________________________

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

_________________________________________________________________________________

The Works consist of____________________________________________________________

________________________________________________________________________________

The Start Date shall be _________________________________________________________

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

The following documents also form part of the Contract:

_________________________________________________________________________________

_________________________________________________________________________________

41
The Contractor shall submit a revised program for the Works within ________ days of
delivery of the Letter of Acceptance.

The Site Possession Date shall be _______________________________________________

The Site is located at __________________________________________________ and is defined

in drawings nos._________________________________________________________

_________________________________________________________________________________

The Defects Liability period is ________________________ days.

Other Contractors, utilities etc., to be engaged by the Employer on the Site

Include those for the execution of ;

1.____________________________________________

2.______________________________________________

3._____________________________________________

4._____________________________________________

The minimum insurance covers shall be;

1. The minimum cover for insurance of the Works and of Plant and Materials in
respect of the Contractor’s faulty design is____________________

2. The minimum cover for loss or damage to Equipment is____________________

3. The minimum for insurance of other property is____________________________

4. The minimum cover for personal injury or death insurance

• For the Contractor’s employees is___________________________________

• And for other people is______________________________________________

The following events shall also be Compensation Events:

1. __________________________________________________________________________

2. __________________________________________________________________________

3. __________________________________________________________________________

4. __________________________________________________________________________

42
The period between Program updates is ________________ days.

The amount to be withheld for late submission of an updated Program is ________

_________________________________________________________________________________

The proportion of payments retained is ______________________ percent.

The Price Adjustment Clause _____________________________ (shall/shall not) apply

The liquidated damages for the whole of the Works is Kshs. _____________(per day)

The Performance Security shall be for the following minimum amounts equivalent as a
percentage of the Contract Price--------------- percent (%)

The Completion Period for the Works is___________________________[Weeks]

The rate of exchange for calculation of foreign currency payments is

______________________.

The schedule of basic rates used in pricing by the Contractor is as attached [Contractor to
attach].

Advance Payment _____________________________shall/ shall not be granted.

43
 SECTION V - SPECIFICATIONS

Notes for preparing Specifications

1.0 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 Employer and ensure
responsiveness of tenders. The Specifications should require
that all materials, plant, and other supplies to be permanently
incorporated in the Works be new, unused, of the most recent or
current models, and incorporating all recent improvements in
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.

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

3.0 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

44
 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.

4.0 Care must be taken in drafting Specifications to ensure they are

not restrictive. In the Specifications of standards for materials,
plant and workmanship, existing Kenya Standards should be
used as much as possible, otherwise recognized international
standards may also be used.

5.0 The Employer should decide whether technical solutions to

specified parts of the Works are to be permitted. Alternatives
are appropriate in cases where obvious (and potentially less
costly) alternatives are possible to the technical solutions
indicated in tender documents for certain elements of the
Works, taking into consideration the comparative specialized
advantage of potential tenderers.

The Employer 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.

Such alternative solutions shall be accompanied by all

information necessary for a complete evaluation by the
Employer, including drawings, design calculations, technical
specifications, breakdown of prices, proposed construction
methodology, and other relevant details. Technical alternatives
permitted in this manner shall be considered by the Employer
each on its own merits and independently of whether the
tenderer has priced the item as described in the Employer’s
design included with the tender documents.

SECTION VI - DRAWINGS

Note 1. A list of drawings should be inserted here

2. The actual drawings including Site plans should be annexed in a

separate booklet.

BILLS OF QUANTITY

45
ITEM DESCRIPTION UNIT QTY RATE BQ AMOUNT

PRELIMINARIES

NOTES:
A Prospective Tenderers MUST
visit the site before filling their
bids. Tenderers will be required to
sign attendance register Non-
attendance is an automatic
disqualification.

B Conditions of contract shall be

those published by FIDIC
1st Edition 1999 'SHORT FORM
OF CONTRACT'

Preliminaries and General

Items

Project Sign Board

C Allow for providing, erecting, and

maintaining in the whole period
of construction contract and
afterwards clearing away of sighn
board as designed and aprroved
by the project manager ITEM

Setting out

D The Contractor shall be

responsible for the full setting out
of the works and the maintenance
thereof. ITEM

Program of works

E The Contractor shall submit to the

Engineer a fully detailed
Programme showing the order,
the procedure and method by
which he proposes to carry out the
construction and completion of
the works. ITEM

46
 Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

Brought forward

Work prepaired and material

obtained off the site
A The Contractor shall notify the
Engineer of the workshops and
places where work is being or is
intended to be prepared or from
which manufactured articles or
materials are being or are
intended to be supplied. He shall
also notify the Engineer of the
times where such work, articles
and materials will be ready for
inspection so that the Engineer
may inspect the work, articles or
materials without delaying their
dispatch to the site.

Materials
B Materials shall be sound and of
good quality and shall be supplied
in accordance with the provisions
and recommendations of Kenyan
and British standards. Whenever
requested, the Contractor shall
certify the origin of the materials
supplied to the site by producing
invoices, certificates of origin etc.
The Contractor shall submit at his
own expense in due time, a
sample of each specified material
to the Engineer for approval. If
this sample is accepted by the
Engineer, it shall remain
deposited in the Engineer’s office
and serve as evidence for the
reception of works of similar
quality. All materials that are not
approved shall be removed
immediately by the Contractor
when instructed by the Engineer,
who if his orders are not carried

47
 out into effect, shall have the right
to have the materials disposed of
at the public dump site and at the
Contractors expense.

Water for the works

C The contractor shall allow for

providing all necessary clean,
fresh water for the works,
including that required by sub-
contractors on site and for any
temporary plumbing, meters and
pay all charges in connection
therewith to the water Authority
in the area; clear away on
completion and make good works
disturbed. ITEM

Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

Brought forward

Cleaning up

48
A The contractor shall remove all
rubbish from the site from time to
time and on completion he must
thoroughly clean up by sweeping
or otherwise to leave the site for
ready use. The Contractor shall
adopt all measures to ensure that
floor tiles, terrazzo work,
windows etc, are left clear and
free from dirt, stains etc.

Watching

B The Contractor shall allow for

providing and maintaining any
barriers, watching or lighting,
which must comply with the bye-
laws, or requirements of the
employer, local Authority and
police regulations and must give
all requisite notices to these
Authorities and provide
everything necessary to protect
the general public, workmen,
plant, materials and the whole of
the works from injury or damage.

Protection from weather

C The contractor shall allow for

convering up and protecting all
new work from injury by weather
or any other cause. Any damage;
loss or expense cause by non-
compliance with this clause shall
be at the sole risk of the
Contractor.

Tools, plants, and scaffolding

D The contractor shall allow for

provision for all the Tools, Plant,
scaffolding etc, necessary for the
proper execution of the works. He
should also allow for the removal,
reinstating, adapting from time to
time as may be necessary and
maintaining all plant and
equipment during the course of
the contract ITEM

49
 Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

Brought forward

Records
A The Contractor shall allow for
keeping all records in English
appertaining to the works and
shall keep on the site a daily diary
recording weather conditions,
daily work done, delivery notes
for materials, visitors on site etc.
The Contractor is to supply to the
Engineer with such information as
he may require in connection with
work, including a statement
showing the number of men
employed in all trades daily, and
delivery notes (Stating the name
of the project) for all materials
delivered to the site.

Project Site Office

B The Contractor shall provide,

erect and maintain where directed
on site and afterwards dismantle a
temporary site office of size not
exceeding 4m squre as directed by
the project manager, complete
with furniture. He shall also
provide a 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 coonections 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.

50
 Training levy

The contractor’s attention is

drawn to the Government Notice
N0.237 of October, 1971,
Ministry of Labour Training
Levy. He is to allow for payment
of Training Levy at the rate of
0.25 % of the contract value.

Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

Brought forward

Performance security

A The Contractor shall furnish a

performance surety bond equal to
10% of the Contract sum for the
due performance of the works to
be submitted within seven (7)
days of his tender being accepted. ITEM

Insurance

B The Contractor shall furnish for

all insurances risks including third
party risks covers, Workmen
compensation e.t.c and
compliances with the statutes in
all respects in accordance to the
Conditions of Contract clauses 17
and allow for all arising costs.

C Allow for provision and

maintenance of power and water
necessary for execution of the
works. ITEM

51
 PRELIMINARIES CARRIED TO
SUMMARY
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

GAZEBO HOUSE HOUSE

SUBSTRUCTURES ( All
Provisional)
A Site clearance/ reduce levels SM 129

B Excavate top vegetable soil 150

mm thick average thick and level
and spread on site as directed SM 129

C Excavate trench for foundations

depth not exceeding 1.50 m below
vegetable strip level- CM 62

D Ditto to column bases ditto CM 35

E Extra over for excavation in rock CM 17

F Return fill and ram selected

excavated materials around
foundations CM 25

G Load surplus excavated materials

and cart away CM 13

H Earthwork support ITEM 1

J Disposal of water ITEM 1

K 150 mm thick Hardcore bed well

rammed and compacted as
required. SM 100

52
 L 50 mm thick blinding to surfaces
of hardcore SM 100

M Treat surfaces of hardcore with

'Thermidore' or other equal and
approved insecticide treatment to
be carried out in accordance with
manufacture's instructions SM 100

N BRC A-142 Mesh SM 100

P 1000 Gauge polythene sheeting

damp proof membrane SM 100

Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

Brought forward

Concrete work
Plain concrete 1:4:8 50 mm
thick:
A Under column bases SM 23

Plain concrete 1:3:6; 200 mm

thick in:-
B 200 mm Strip footings SM 62

Reinforced concrete 1:2:4

(Class 20/20) in:-

C 150 mm thick bed CM 15

D Column bases CM 7

E Columns CM 1

F Ground Beam CM 4

Sawn formwork:-
G Vertical column sides CM 8

H Vertical column base sides CM 23

53
 J Vertical Groung beam SM 41

K Edges of the slab n.e 150 mm

wide LM 50

Supply and fix the following

reinforcement including
bending hooking , tying,
cutting; and spacer blocks and
supporting: all as required in;
High tensile square twisted bars to
(B.S. 4449)

Column bases

L 12 mm Diameter bars KG 239

Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

Brought forward

Columns

A 8 mm Diameter bars KG 44

B 12mm Diameter bars KG 68

(Ground Beam)

C 8mm Diameter bars KG 161

D 10mm Ditto KG 168

Walling

Machine cut block walling

bedded , jointed and neatly
pointed in cement and sand
(1:4) motar as desribed in:-

54
 E 200 mm thick walls SM 82

Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

Brought forward

C. RC SUPERSTRUCTURE

Reinforced concrete class 1:2:4

(20/20) as described in:-

Floors
A Columns CM 2

B Ring Beams CM 4

Sawn formwork as described

to:-

C Sides and soffits of beams

SM 41
D Vertical column sides

55
 SM 38
Reinforcement Supply and fix
the following reinforcement
including bending, hooking,
typing, cutting; and spacer
blocks and supporting: all as
required mild steel B.S. 4449

High tensile square twisted bars to

(B.S. 4461)

Columns

E 8mm Diameter bars KG 182

F 12 mm Diameter bars KG 256

Beams

G 8mm Diameter bars KG 484

H 12 mm Diameter bars KG 168

Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

Brought forward

C. WALLING

Machine cut block walling

bedded , jointed and neatly
pointed in cement and sand
(1:4) motar as desribed in:-

A 200 mm thick SM 101

Water proofing
B 225mm wide Hessian based 3-ply
bituminous felf damp proof
course LM 68

56
 C Supply and fix Precast moulds
200 x200 1000mm high and make
good as directed by the project
architect NO 129

Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

Brought forward
DOORS
Wrot mahogany in:-
A 200 x 25mm splayed liners
[expansion joint covers] LM 34

B 150 x 50mm Rebated frames LM 34

C 15 x 15 mm quadrant/beading LM 34

57
 D 40 x 20mm Splayed architrave LM 34

E T&G Single door size 900 x

2050mm high having t&g
railings held together with and
including 3No. 14mm diameter
mild steel bars bolted at both ends NO 6

Supply and fix Ironmongery;

Hafele range
F 150 mm butt hinges; brass type PRS 9

G 3-Lever mortice lock as 'Union' or

equally approved. NO 6

H Tower bolts NO 6

J 20 mm diameter plastic door stop

fixed on floors with rawl bolt. NO 6

Prepare and apply three coats

of polyurethane varnish to:-
K General surfaces of wood work
internally or externally SM 26

Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

Brought forward
WINDOWS

58
 Supply and fix aluminium
glazed windows as ' Vista' or or
equally approved comprising 40
x 30 mm aluminium frame filled
in with 5 mm thick one way
tinted glass secured in rubber
linning, including all necessary
ironmongery to approval in:

A Window size1500 x 1700 mm SM 5

B Window size 900 x 900 mm SM 3

Precast concrete class 20/20

complete with all necessary
formwork and reinforcement
etc

C 150 mm wide double quarry tiles

window cill LM 16

Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT

59
ITEM

Brought forward
FINISHES

Floor finishes

35 Thick cement and sand (1:4)

screed internally, finished to
receive ceramic floor tiles
(measured seperately)

A Ground slab SM 50

B 600 x 600 x 8 mm thick coloured

non slip ceramic floor tiles to
detail and approval SM 50

12mm thick cement and sand

Plaster steel trowelled smoothly

C Walling and concrete surfaces SM 208

Prepare surfaces and apply one

undercoat and two finishing
coats of plastic emulsion paint
from crown paint

D Plasterd wall surfaces SM 208

60
 Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

Brought forward
ROOF
Timber roof construction sawn
cypress grade II,maximum
moisture content 15%,seasoned
and pressure impregnated with
approved preservative at
27degrees pitch, hoisted to a
height of 12400mm above
ground level.

A 100 x 50 mm Wall plate fixed

with and including hoop iron
fixed to ringbeam LM 68

B 150 x 50 mm Rafters LM 96

C 150 x 50 mm tie beam LM 88

D 150 x 50 mm struts and ties LM 176

E 75x50mm Purlins. LM 495

G 175 × 25 mm ridge board LM 16

H 200 × 25mm wrote prime grade

faseia board LM 67

L Supply and lay approved

Cembrit man made jutland roof
slates size 500mm x 500mm or
equal approved 50x38mm
timber battens; at 45 degrees
roof pitch; on 50x50 mm
purlins, 150x50 mm rafters and
trusses, 150 x 50 mm wall plate;
treated as described before
fixing all to S.E details and
approval; SM 65

Rain water goods

61
 Galvanised metal sheet gauge
:24 pre-painred

N Supplying & fixing of PVC

square eave gutters of cross
section 200mm x 200mm or as
specified, including all necessary
accessories, as per drawings LM 55

Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

Brought forward

Supplying & fixing of 110 dia

PVC rain water down pipes
with metal straps to concrete
block work as per detailed on
Drawing at 1000mm centres
vertically

A Extra over guiter for outlets NO 8

B Extra over down pipes for shoe NO 8

62
 Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

Brought forward

ELECTRICAL
INSTALLATIONS AT
SPEAKERS RESIDENCE

TO BE CARRIED OUT BY A
REGISTERED ELECTRICAL
CONTRACTOR, ATTACH
ERC AND NCA
CERTIFICATES
Supply,install,test and
commission the following:-

A LIGHTING POINTS
Lighting points wired with 3 x
1.5mm² single core PVCI copper
cables drawn in concealed 20mm
diameter HG PVCI conduit for:-
One way switching NO 28

B SWITCHES
10Amps,moulded plate flush
mounted switches with screw
covers,as CLIPSAL,BG or
approved equivalent being:-
1 gang 1 way NO 2

2 gang 1 way NO 4

63
 C LIGHTING FITTINGS
Lighting fittings complete with
lamps and all other necessary
accessories:-

a) Polypro[paylene Bulkhead
fitting, grey finish, oval clear
NO 7
glass Size (HxWxPro)
100x180x130mm

b) 60 Watts,spherical screw neck

ball fitting as THORN MTC 1060 NO 7
or approved equivalent.

c) Wall brackets light fitting NO 11

complete with energy saver bulb

Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

Brought forward

A POWER POINTS
13Amps Power points wired ring
comprising of 3 x 2.5mm sq.
single core PVCI copper cables NO 10
drawn in concealed 25mm HG
PVC conduits.

13Amps moulded plate switched

socket outlet with neon indicator
as BG,CLIPSAL or approved
equivalent being:-
Twin NO 10

Hand drier power point

completely wired in 3x2.5mm²
single core PVC insulated copper
cables drawn in 25mm diameter
NO 2
HG PVC conduits including all
accessories but excluding the 20A
DP fused switched connection
unit.

64
 20A DP fused switched
connection unit complete with
NO 2
neon indicator as MK or approved
equivalent for Hand drier/fan.

Automatic hand drier,240v

,2400w as starmix or similar NO 2
equivalent

Ceilling fan point wired with 3 x

1.5mm2 SC - CU cables drawn in
NO 6
pvc conduits and to include all
accessories but excluding the fan

240V-AC ceilling fan complete

with 5 speed regulator as
NO 6
ORIENT - DE LUXE or an
approved equivalent.

B TELEPHONE & DATA

WORKS
16 SWG,(450 x 300 x 100)mm³
galvanised steel draw box for NO 1
telephone & data works

Telephone/Data outlet point

comprising of concealed 20mm
NO 10
diameter HG PVC conduits plus
draw wire.

Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

Brought forward

RJ45,Telephone moulded outlet

plate as BG,CLIPSAL or
approved equivalent
a) Twin NO 10

A FIRE DETECTION & ALARM

SYSTEM

65
 Two loop intelligent addressable 2
Zone Fire Alarm Control Panel,
Surface Mounted, complete with
alarm buzzer and 72 Hour Battery NO 1
Back-up and batery charger as
Menvier Catalogue DF series or
approved equivalent.

Outlet for 2- Zone Fire alarm

control panel wired in 3x2.5mm²
single core fireresistant cables
drawn in concealed 20mm Ø H/G NO 1
PVC conduit and all accessories
including 5A fused unswitched
connection unit with neon light.

Outlet for fire alarm

manual/Automatic call point
wired in 3x2.5mm² "firetuff"
NO 4
cables drawn in concealed 20mm
Ø H/G PVC conduit and all
accessories.

Point ionization Smoke detector

as MENVIER Cat No. MID 710 + NO 4
MDB 248.

240 AC mains, fire alarm bell

with 150mm gong as MENVIER NO 1
or approved equivalent

Fire break glass Manual call point

unit as MENVIER or approved
equivalent complete with a packet
NO 2
of 5 spare glasses,a packet of 5
spare test keys, a spare back box
and a hinged cover

Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

66
 Brought forward

A SUB-MAIN CIRCUIT
Sub-mains cables consisting of
4C 16mm2, PVC/SWA/PVC CU
cables from the Lv switchboard to
the distribution boards "A&B"
LM 156
above drawn in 50mm diameter
full length heavy gauge PVC
conduits cast in floor slab and
concealed in the walls.

B DISTRIBUTION BOARDS
6-ways TP&N Distribution
Boards 200Amps rating,
MCB,flushmounted,metal cased
unit complete with 200Amps
TP&N integral mccb and NO 2
with"front hinged lockable metal
cover and glanding chamber to
suit as Schneider Electric or
approved equivalent.

C Mcbs for item above being;-

5Amps, SP NO 3

10Amps,SP NO 4

20Amps, SP NO 2

30Amps,SP NO 2

blanking plates NO 7

Excavate bituminous layer to line

and level and remove unwanted
materials to spoil as directed by CM 61
the Engineer in an underground
trench(400x1200)mm size

Supply and install UPVC Pipes

class E heavy duty 150mm LM 128
diameter in above trenches

Provide, lay to level 300mm thick

layer of well graded sand to cover CM 61
the above duct

67
 Provide, lay to level HATARI
slabs on top of the sand layer in LM 128
the cable trench

Carried forward
DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

Brought forward

Electrical Earthing installation of

A the meterboard to KPLC Item 1
standards,comprising of;
(i) 16mm² cu pick insulated E.C.C
(ii) 6mm² cu bondind lead.
(iii) 1/2´x1500mm cu earth rod as
furze
(iv) precast concrete inspection pit
320x320x200 as furze

68
 Carried forward
RATE BQ AMOUNT
ITEM DESCRIPTION UNIT QTY

1 SWIMMING POOL
Excavation

A Excavate for foundations depth

not exceeding 1.50 m below
vegetable strip level- CM 15

B Sump pit NO 1

C Extra over for excavation in rock CM 6

D Return fill and ram selected

excavated materials around
foundations CM 5

E Load surplus excavated materials

and cart away CM 25

F supporting excavations Item

G disposal of water Item

H 150 mm thick Hardcore bed well

rammed and compacted as
required. CM 12

Concrete work

Plain concrete 1:3:6

J Blinding CM 3

Reinforced concrete 1:1,1/2:3

(Class 20/20) in:-

69
 K Steps CM 1

L Beds 150 thick CM 16

M Sump NO 1

N Walls 150 thick CM 21

P Seat 100 thick SM 5

Carried forward
RATE BQ AMOUNT
ITEM DESCRIPTION UNIT QTY

Brought forward
Reinforced concrete 1:1,1/2:3
in:-
A Light pockets NO 2

B Pool channel CM 1

Supply and fix the following

reinforcement including
bending hooking , tying,
cutting; and spacer blocks and
supporting: all as required in;

C 12 mm KG 980

D 10 mm KG 939

E 8 mm KG 33

Sawn formwork:-

F Sides of walls SM 110

G Steps SM 3

H Sides and soffits of channel SM 15

J Edges 75 - 150 mm LM 78

K Edges 150-225 mm LM 35

70
 L Waterproofing SM 29

M Bitumenous paint SM 52

Walling
Machine cut block walling
bedded , jointed and neatly
pointed in cement and sand
(1:4) motar as desribed in:-

N 150 mm thick skin wall SM 52

P 200 mm thick edge of seat/ steps SM 10

Carried forward
RATE BQ AMOUNT
ITEM DESCRIPTION UNIT QTY

Brought forward

Finishes

A 50 mm thick terrazzo floor SM 37

B 150 mm angle fillet in floor LM 30

C 25 mm thick terrazzo wall SM 46

D 25 mm thick terrazzo steps SM 3

E 25 mm thick terrazzo bench SM 3

F 25 mm thick terrazzo channel

bottom/ walls SM 13

G 25 mm thick terrazzo pool coping SM 18

H 25 mm thick terrazzo channel

coping - 200 wide LM 14

71
 Total for Swimming Pool
RATE BQ AMOUNT
ITEM DESCRIPTION UNIT QTY

BALANCING TANK

Excavation

A Excavate for foundations depth

not exceeding 1.50 m below
vegetable strip level- CM 11

B Extra over for excavation in rock CM 4

C Return fill and ram selected

excavated materials around
foundations CM 4

D Load surplus excavated materials

and cart away CM 4

E 150 mm thick Hardcore bed well

rammed and compacted as
required. CM 1

Concrete work

72
 Plain concrete 1:3:6; 200 mm
thick in:-

F Blinding SM 3

Reinforced concrete 1:1,1/2:3

in:-

G Beds 150 thick CM 1

H Walls 150 thick CM 2

J Suspended slab 150 mm thick CM 1

Supply and fix the following

reinforcement including
bending hooking , tying,
cutting; and spacer blocks and
supporting: all as required in;

K 12 mm KG 142

L 10 mm KG 98

M 8 mm KG 33

Carried forward
RATE BQ AMOUNT
ITEM DESCRIPTION UNIT QTY

Brought forward
Walling
Machine cut block walling
bedded , jointed and neatly
pointed in cement and sand
(1:4) motar as desribed in:-

A 150 mm thick skin wall SM 11

Sawn formwork:-

B Soffits SM 3

C Sides of walls SM 11

73
 D Edges 75 - 150 mm LM 13

E Boxing NO 1

Finishes

F 50 Thick cement and sand (1:4)

screed internally, finished to
receive ceramic floor tiles
(measured seperately)

G FloorScreeds SM 3

H 15mm thick cement and sand

plaster to walls steel trowellled
smooth Internally

J Wall plaster SM 10

K Angle fillet 150 x 150 mm LM 6

L Mild steel covers NO 1

Total for Balancing Tank

RATE BQ AMOUNT
ITEM DESCRIPTION UNIT QTY

3 PUMP ROOM

Excavation

A Site clearance/ reduce levels CM 7

B Extra over for excavation in rock CM 3

C Return fill and ram selected

excavated materials around
foundations CM 1

74
 D Load surplus excavated materials
and cart away CM 2

E 150 mm thick Hardcore bed well

rammed and compacted as
required. CM 1

Concrete work

Plain concrete 1:3:6; in:-

F Blinding SM 4

Reinforced concrete 1:1,1/2:3

in:-

G Beds 100 thick SM 4

H Suspended slab 100 mm thick SM 4

Supply and fix the following

reinforcement including
bending hooking , tying,
cutting; and spacer blocks and
supporting: all as required in;

J 10 mm KG 45

K 8 mm KG 33

Sawn formwork:-
L soffits SM 3

M edges 75 - 150 mm LM 8

Carried forward
RATE BQ AMOUNT
ITEM DESCRIPTION UNIT QTY

Brought forward

Walling
Machine cut block walling
bedded , jointed and neatly
pointed in cement and sand

75
 (1:4) motar as desribed in:-

A 200 mm thick SM 8

Finishes
B 50mm Thick cement and sand
(1:4) screed internally, finished to
receive ceramic floor tiles
(measured seperately)

C Floor screeds SM 3

D Skirtings - 100 mm LM 7

E 15mm thick cement and sand

plaster to walls steel trowellled
smooth Internally

F Wall plaster SM 12

G Render externally SM 2

H Render soffits SM 3

Prepare surfaces and apply one

undercoat and two finishing
coats of plastic emulsion paint
from crown paint

J Walls - internally SM 12

K Walls - externally SM 2

L Soffits SM 3

M Mild steel access door - NO 1

Total for Pump room

RATE BQ AMOUNT
ITEM DESCRIPTION UNIT QTY

76
 Swimming pool electrical
installation

A Centrifugal End suction pump

capable of delivering 18m3/hr
against 10m head. The shall be
close - coupled to 1.0 KW single
electric motor and and supplied
with an automatic voltage
switcher for protection over or
under voltage. It shall be self-
priming. Pump casing shall be
manufactured from good quality
cast iron. Impellers shafts and
other material in contact with
water shall be of corrosive
resistant metal. Two pumps shall
be assembled together as set on
common mounting NO 2

B Wall - mounted motor control

panel comprising of purpose made
14SWG galvanized mild steel
housing distribution board
complete with fuses, star delta
starters for pump, automatic
control with manual overrides and
all other necessary accessories.
Also allow for heater control and
switches. NO 1

C Automatic Voltage Switcher as

AVS to protect the pump from
over/under voltage NO 1

D 300 W ,12 V underwater lights

complete with deck boxes as
Certkin or equal and approved. NO 6

E 240/12 V underwater lights safety

transformer for six lights NO 1

Electrical earthing and proper

metal works bonding ITEM 1

F Allow for extra swimming pool

Electrical works ITEM 1

77
 Total for electrical works
RATE BQ AMOUNT
ITEM DESCRIPTION UNIT QTY

Carried to collection

Collections

1 SWIMMING POOL

2 BALANCE TANK

3 PUMP HOUSE

4 ELECTRICAL WORKS

Total for Walling carried to

summary

78
 DESCRIPTION UNIT QTY RATE BQ AMOUNT
ITEM

BILL NO. 9; PROVISIONAL

SUMS

A Allow a provisional sum of One

Hundred and fifty Thousand
Kenya Shillings (Kshs 150, 000)
for the provision of Supervision
and stationery. SUM

C Allow for One hundread thousand

Kenya shillings (Ksh 100,000.00)
for presentation of samples to the
Engineer for approval SUM

D PC sum of KSH 100,000.00 for

EIA for environmental impact
assessment. SUM

79
 PC & PROVISIONAL SUMS
CARRIED TO SUMMARY

MAIN WORKS SUMMARY

1 GAZEBO

2 SWIMMING POOL

MAIN WORKS TO GRAND SUMMARY

GRAND SUMMARY

1 PRELIMINARIES

2 MAIN WORKS

3 PROVISIONAL SUMS

TOTAL

Add 5% contingency

Add 16% VAT

80
TOTAL CARRIED TO FORM OF TENDER

Notes for preparing Bills of Quantities

1.0 The objectives of the Bills of Quantities are;

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

to enable tenders to be prepared efficiently and accurately; and

(b) when a Contract has been entered into, to provide a priced Bill of Quantities
for use in the periodic valuation of Works executed.

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

Quantities in sufficient detail to distinguish between the different classes of
Works, or between Works of the same nature carried out in different
locations or in other circumstances which may give rise to different
considerations of cost. Consistent with these requirements, the layout and
content of the Bill of Quantities should be as simple and brief as possible.

2.0 The Bills of Quantities should be divided generally into the following
sections:

(a) Preliminaries.

The preliminaries should indicate the inclusiveness of the unit prices, and
should state the methods of measurement which have been adopted in the
preparation of the Bill of Quantities and which are to be used for the
measurement of any part of the Works.

The number of preliminary items to be priced by the tenderer should be

limited to tangible items such as site office and other temporary works,

81
 otherwise items such as security for the Works which are primarily part of
the Contractor’s obligations should be included in the Contractor’s rates.

(b) Work Items

(i) The items in the Bills of Quantities should be grouped into sections to
distinguish between those parts of the Works which by nature,
location, access, timing, or any other special characteristics may give
rise to different methods of construction, or phasing of the Works, or
considerations of cost. General items common to all parts of the
Works may be grouped as a separate section in the Bill of Quantities.

(ii) Quantities should be computed net from the Drawings, unless

directed otherwise in the Contract, and no allowance should be made
for bulking, shrinkage or waste. Quantities should be rounded up or
down where appropriate.

(iii) The following units of measurement and abbreviations are

recommended for use.

Unit Abbreviation Unit Abbreviation

cubic meter m3 or cu m millimeter mm
hectare ha month mon
hour h number nr
kilogram kg square meter m2 or sq m
lump sum sum square millimeter mm2 or sq mm
m
meter week wk
t
metric ton
(1,000 kg)

(iv) The commencing surface should be identified in the description

of each item for Work involving excavation, boring or drilling, for
which the commencing surface is not also the original surface.
The excavated surface should be identified in the description of
each item for Work involving excavation for which the excavated
surface is not also the final surface. The depths of Work should
be measured from the commencing surface to the excavated
surface, as defined.

(c) Daywork Schedule

A Daywork Schedule should be included if the probability of unforeseen work, outside the
items included in the Bill of Quantities, is relatively high. To facilitate checking by the
Employer of the realism of rates quoted by the tenderers, the Daywork Schedule should
normally comprise:

(i) a list of the various classes of labour, and

materials for which basic Day work rates or
prices are to be inserted by the tenderer,

82
 together with a statement of the conditions
under which the Contractor will be paid for
Work executed on a Day work basis; and

(ii) a percentage to be entered by the tenderer against each

basic Day work Subtotal amount for labour, materials and
plant representing the Contractor’s profit, overheads,
supervision and other charges.

(d) Provisional Quantities and Sums

(i) Provision for quantity contingencies in any particular
item or class of Work with a high expectation of
quantity overrun should be made by entering specific
“Provisional Quantities” or “Provisional Items” in the
Bill of Quantities, and not by increasing the quantities
for that item or class of Work beyond those of the Work
normally expected to be required. To the extent not
covered above, a general provision for physical
contingencies (quantity overruns) should be made by
including a “Provisional Sum” in the Summary of the
Bill of Quantities. Similarly, a contingency allowance
for possible price increases should be provided as a
“Provisional Sum” in the Summary of the Bill of
Quantities. The inclusion of such provisional sums often
facilitates budgetary approval by avoiding the need to
request periodic supplementary approvals as the future
need arises.

(ii) Provisional sums to cover specialized works normally carried out

by Nominated Sub Contractors should be avoided and instead
Bills of Quantities of the specialised Works should be included
as a section of the main Bills of Quantities to be priced by the
Main Contractor. The Main Contractor should be required to
indicate the name (s) of

the specialised firms he proposes to engage to carry out the specialized

Works as his approved domestic sub-contractors. Only provisional
sums to cover specialized Works by statutory authorities should be
included in the Bills of Quantities.

(e) Summary

The Summary should contain a tabulation of the separate parts

of the Bills of Quantities carried forward, with provisional sums

83
 for Daywork, for physical (quantity) contingencies, and for price
contingencies (upward price adjustment) where appli

SECTION VIII – STANDARD FORM

(i) Form of Invitation for Tenders

(ii) Form of Tender
(iii) Letter of Acceptance
(iv) Form of Agreement
(v) Form of Tender Security
(vi) Performance Bank Guarantee
(vii) Bank Guarantee for Advance Payment
(viii) Qualification Information
(ix) Tender Questionnaire
(xi) Confidential Business Questionnaire
(x) Statement of Foreign Currency Requirement
(xi) Details of Sub-Contractors
(x) Request for Review Form

FORM OF INVITATION FOR TENDERS

_______________________[date]

To: _____________________________________ [name of Contractor]

_____________________________________[address]
84
 _____________________________________
_____________________________________

Dear Sirs:

Reference:______________________________________________[Contract Name]

You have been prequalified to tender for the above project.

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

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

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

Upon payment of a non-refundable fee of Kshs __________________________

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

and a security in the form and amount specified in the tendering documents, and
must be delivered to
________________________________________________________________________
[address and location]

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

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

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

Yours faithfully,

_____________________________________ Authorised Signature

_____________________________________ Name and Title

FORM OF TENDER

TO: __________________________[Name of Employer) ____________[Date]

__________________________[Name of Contract]

Dear Sir,

85
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, install and complete such Works and remedy any defects
therein for the sum of Kshs._____________________________[Amount in figures]Kenya
Shillings_________________________________________________________________________
__________________[Amount in words]

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

soon as is reasonably possible after the receipt of the Project Manager’s notice to
commence, and to complete the whole of the Works comprised in the Contract
within the time stated in the Appendix to Conditions of Contract.

3. We agree to abide by this tender until ___________________[Insert date], and it shall

remain binding upon us and may be accepted at any time before that date.

4. Unless and until a formal Agreement is prepared and executed this tender together
with your written acceptance thereof, shall constitute a binding Contract between us.

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

Dated this ____________________ day of _______20________________

Signature __________________in the capacity of___________________

duly authorized to sign tenders for and on behalf of

_____________________________________________[Name of Employer]
of___________________________________________[Address of Employer]

Witness; Name______________________________________

Address_____________________________________

Signature___________________________________

Date_______________________________________

LETTER OF ACCEPTANCE
[letterhead paper of the Employer]

_______________________[date]

To: _______________________
[name of the Contractor]

_____________________
86
 [address of the Contractor]

Dear Sir/Madam,

This is to notify you that your Tender dated ___________________________

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

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

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

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

Attachment : Agreement

FORM OF AGREEMENT

THIS AGREEMENT, made the _________________ day of ________ 20 ______

between________________________________________________of[or whose registered office is
situated at]__________________________________________
(hereinafter called “the Employer”) of the one part AND
________________________________________________________of[or whose registered office is
situated at]_________________________________________
(hereinafter called “the Contractor”) of the other part.

WHEREAS THE Employer is desirous that the Contractor executes

________________________________________________________________________

87
(name and identification number of Contract ) (hereinafter called “the Works”) located
at______________________________[Place/location of the Works]and the Employer has
accepted the tender submitted by the Contractor for the execution and completion of
such Works and the remedying of any defects therein for the Contract Price of
Kshs___________________________[Amount in figures],Kenya
Shillings_____________________________________________[Amount in words].

NOW THIS AGREEMENT WITNESSETH as follows:

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

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

(i) Letter of Acceptance

(ii) Form of Tender

(iii) Conditions of Contract Part I

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

(v) Specifications

(vi) Drawings

(vii) Priced Bills of Quantities

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

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

4. The Employer hereby covenants to pay the Contractor in

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

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

The common Seal of _________________________________________________

Was hereunto affixed in the presence of ________________________________

Signed Sealed, and Delivered by the said ______________________________

88
Binding Signature of Employer ________________________________________

Binding Signature of Contractor _______________________________________

In the presence of (i) Name_______________________________________

Address_____________________________________

Signature___________________________________

[ii] Name _______________________________________

Address_____________________________________

Signature____________________________________

FORM OF TENDER SECURITY

WHEREAS ………………………………………..(hereinafter called “the Tenderer”) has

submitted his tender dated ………………………… for the construction of
………………………………………………………………………
…………………… (name of Contract)

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

THE CONDITIONS of this obligation are:

89
1. If after tender opening the tenderer withdraws his tender during the period of
tender validity specified in the instructions to tenderers
Or

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

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

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

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

___________________________ ______________________________
[witness] [seal]

PERFORMANCE BANK GUARANTEE

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

__________________________(Address of Employer)

Dear Sir,

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

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

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

90
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:

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

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

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

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

SIGNATURE AND SEAL OF THE GUARANTOR ___________________

Name of Bank ____________________________________________

Address ________________________________________________

Date ______________________________________________________

BANK GUARANTEE FOR ADVANCE PAYMENT

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

________________________[address of Employer]

Gentlemen,

Ref: _______________________________________________[name of Contract]

In accordance with the provisions of the Conditions of Contract of the above-mentioned

Contract, We,_______________________________________[name and Address of Contractor]
(hereinafter called “the Contractor”) shall deposit with
_______________________________[name of Employer] a bank guarantee to guarantee his
proper and faithful performance under the said Contract in an amount of

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Kshs._____________[amount of Guarantee in figurers] Kenya
Shillings_____________________________________[amount of Guarantee in words].

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

agree unconditionally and irrevocably to guarantee as primary obligator and not as
Surety merely, the payment to ___________________________[name of Employer] on his first
demand without whatsoever right of objection on our part and without his first claim to
the Contractor, in the amount not exceeding Kshs________________________[amount of
Guarantee in figures] Kenya Shillings
_____________________________________________________________[amount of Guarantee in
words], such amount to be reduced periodically by the amounts recovered by you from
the proceeds of the Contract.

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

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

This guarantee shall remain valid and in full effect from the date of the
advance payment under the Contract until
______________________________________________(name of Employer) receives full payment
of the same amount from the Contract.

Yours faithfully,

Signature and Seal __________________________________________________

Name of the Bank or financial institution ______________________________

Address ______________________________________________________________

Date _________________________________________________________________

Witness: Name: ____________________________________________________

Address: __________________________________________________

Signature: ________________________________________________

Date: _____________________________________________________

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93
QUALIFICATION INFORMATION
1. Individual Tenderers or Individual Members of Joint Ventures

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

Certificate);
Place of registration: ____________________________

Principal place of business _____________________________

Power of attorney of signatory of tender ____________________

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

Currency Value

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

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

Project name Name of client Type of work Value of

and contact performed and Contract
person year of
completion
_________ ___________ __________ ________
_________ ___________ __________ ________
________ __________ __________ _______

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

Item of Description, Condition(new, Owned, leased

Equipment Make and age good, poor) and (from whom?),
(years) number or to be
available purchased
(from whom?)
_________ ____________ ___________
_________ ____________ ___________
_________ ____________ ___________
(etc.)

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1.5 Qualifications and experience of key personnel proposed for administration
and execution of the Contract. Attach biographical data.

Position Name Years of Years of

experience experience in
(general) proposed position
Project Manager
__________________
___________________

(etc.)

1.6 Financial reports for the last five years: balance sheets, profit and loss
statements, auditor’s reports, etc. List below and attach copies.

___________________________________________________________________________
_____________________________________________

1.7 Evidence of access to financial resources to meet the qualification

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

1.8 Name, address and telephone, telex and facsimile numbers of banks that
may provide reference if contacted by the Employer.

__________________________________________________________________
____________________________________________________________

1.9 Statement of compliance with the requirements of Clause 1.2 of the

Instructions to Tenderers.
____________________________________________________________
____________________________________________________________
_____________________________________________

1.10 Proposed program (work method and schedule) for the whole of the Works.

95
2 Joint Ventures

2.4 The information listed in 1.1 – 1.10 above shall be provided for each partner
of the joint venture.

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

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

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

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

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

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

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

exclusively with the partner in charge.

96
 TENDER QUESTIONNAIRE

Please fill in block letters.

1. Full names of tenderer

………………………………………………………………………………………

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

agent has been appointed below)

………………………………………………………………………………………

3. Telephone number (s) of tenderer

………………………………………………………………………………………

4. Telex address of tenderer

………………………………………………………………………………………

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

the tender period

………………………………………………………………………………………

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

………………………………………………………………………………………

………………………………………………………………………………………

_______________________
Signature of Tenderer

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

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 CONFIDENTIAL BUSINESS QUESTIONNAIRE

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

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

Part 1 – General

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

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

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

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

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

Current Trade Licence No…………………… Expiring date…………………

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

pound………………………..

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

Branch…………………………………………………………………………………

Part 2 (a) – Sole Proprietor

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

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

*Citizenship details …………………………………………………………………

Part 2 (b) – Partnership

Give details of partners as follows:

Name in full Nationality Citizenship Details Shares

1……………………………………………………………………………………
2……………………………………………………………………………………
3……………………………………………………………………………………
Part 2(c) – Registered Company:

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

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 State the nominal and issued capital of the Company-

Nominal Kshs…………………………………………………………………

Issued Kshs……………………………………………………………………

Give details of all directors as follows:

Name in full . Nationality. Citizenship Details*. Shares.

1.
………………………………………………………………………………………

2.
………………………………………………………………………………………

3.
………………………………………………………………………………………

4.
………………………………………………………………………………………

Part 2(d) – Interest in the Firm:

Is there any person / persons in …………… ………(Name of Employer) who has

interest in this firm? Yes/No………………………(Delete as necessary)

I certify that the information given above is correct.

……………………… ……………………… …………………

(Title) (Signature) (Date)

• Attach proof of citizenship

99
 STATEMENT OF FOREIGN CURRENCY REQUIREMENTS

(See Clause 23] of the Conditions of Contract)

In the event of our Tender for the execution of____________________

__________________________(name of Contract) being accepted, we would require in
accordance with Clause 21 of the Conditions of Contract, which is attached hereto, the
following percentage:

(Figures)………………………… (Words)…………………………………

of the Contract Sum, (Less Fluctuations) to be paid in foreign currency.

Currency in which foreign exchange element is required:

………………………………………………………………………………………

Date: The ………… Day of …………….. 20…………….

Enter 0% (zero percent) if no payment will be made in foreign currency.

Maximum foreign currency requirement shall be _____________(percent) of the Contract

Sum, less Fluctuations.

_____________________
(Signature of Tenderer)

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 DETAILS OF SUB-CONTRACTORS

If the Tenderer wishes to sublet any portions of the Works under any heading, he must
give below details of the sub-contractors he intends to employ for each portion.

Failure to comply with this requirement may invalidate the tender.

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

[i) Full name of Sub-contractor

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

………………………………

(ii) Sub-contractor’s experience

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

………………………………

………………………………

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

(i) Full name of sub-contractor

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

………………………………

………………………………

(ii) Sub-contractor’s experience

of similar works carried out
in the last 3 years with
contract value: ……………………………

……………………………

____________________ _______________________
[Signature of Tenderer) Date

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 LETTER OF NOTIFICATION OF AWARD

Address of Procuring Entity

_____________________
_____________________
To:

RE: Tender No.

Tender Name

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

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

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

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

(FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER

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 FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD
APPLICATION NO…………….OF……….….20……...

BETWEEN
…………………………………………….APPLICANT

AND

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

Request for review of the decision of the…………… (Name of the Procuring Entity) of
……………dated the…day of ………….20……….in the matter of Tender No………..…of
…………..20…
REQUEST FOR REVIEW
I/We……………………………,the above named Applicant(s), of address: Physical
address…………….Fax No……Tel. No……..Email ……………, hereby request the Public
Procurement Administrative Review Board to review the whole/part of the above mentioned
decision on the following grounds , namely:-
1.
2.
etc.
By this memorandum, the Applicant requests the Board for an order/orders that: -
1.
2.
etc
SIGNED ……………….(Applicant)
Dated on…………….day of ……………/…20…

FOR OFFICIAL USE ONLY

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

SIGNED
Board Secretary

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 APPENDIX TO INSTRUCTIONS TO TENDERERS
EVALUATION CRITERIA

Preliminary Evaluation Stage (Knock out Level- Bidders Must Attach the below listed)

a) Valid Certificate of Company Registration/Incorporation.

b) Valid Single Business Permit (relevant for the tender under consideration)
c) Valid Tax Compliance Certificate (itax)
d) Valid relevant National Construction Authority Certificate of Registration –NCA 8
e) Valid relevant National Construction Authority Practicing license –NCA
f) Dully filled Code of Ethics, witnessed by commissioner for oaths.
g) Dully filled Form of tender
h) Sequential serialization of all tenderer attachments
i) Valid affidavit on bidder’s litigation history
j) Tender security of 2% from Authorized Institutions by the PPRA, valid for 120 days from date of
tender closure.
k) Dully filled Confidential Business Questionnaire
l) Dully filled tender document

Technical Evaluation Stage ( Out of 80, Pass mark at 65/80,below which is elimination)

Point
Item Description
Scored
Tender Questionnaire Form 5
Tender Q.

Completely filled -------------------------- 5 mrks

Partially filled-------------------------------- 3 mrks
Not Filled--------- -------------------------- 0 mrks
Key Personnel (Attach evidence) 20
Director of the Firm 5
Holder of degree/diploma in relevant Engineering field ------------- 5 mrks
Holder of Certificate in relevant Engineering field -------------------- 4 mrks
Key Personnel Details

Holder of trade test certificate in relevant engineering field----------- 3 mrks

No relevant certificate-------------------------------------------------------- 0 mrks
At least 1No Degree holder of key personnel in relevant Engineering field 5
With over 10 years relevant experience -------------------------- 5 mrks
With over 5 years relevant experience --------------------------- 3 mrks
With under 5 years relevant experience -------------------------- 1 mrks
At least 1No certificate holder of key personnel in relevant Engineering field 5
With over 10 years relevant experience -------------------------- 5 mrks
With over 5 years relevant experience --------------------------- 3 mrks
With under 5 years relevant experience -------------------------- 1 mrks
At least 2 No. artisan (trade test certificate in relevant Engineering field) 5
Artisan with over 10 years relevant experience---- ------------- 5 mrks

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 Artisan with under 10 years relevant experience --------------- 3 mrks
Non skilled worker with over 10 years relevant experience--- 1 mrks
Ii Contract completed in the last five (5) years (Max of 3 No. Projects) 15
Project of similar nature, complexity and magnitude ------------5
Project of similar nature but of lower value than the one in consideration--- 3 mrks
No completed project of similar nature --------------------------- 0 mrks
Ongoing projects (Max of 3 No. Projects) 10
iii Project of similar nature, complexity and magnitude ------------3
Project of similar nature but of lower value than the one in consideration----- 2 mrks
No ongoing project of similar nature ----------------------------- 0 mrks
iv Schedule of contractors equipment and transport (proof or evidence of ownership) 6
Means of transport (Vehicle)---------------------------------------- 6 mrks
No means of transport ----------------------------------------------- 0 mrks
For each specific equipment required in the execution of the Work being tendered for. 4
(No. of equipment to be considered – at least 3 No.)- 4 mrks
(No. of equipment to be considered – at least 2 No.)- 2.6 mrks
(No. of equipment to be considered – at least 1 No.)- 1.4 mrks
FINANCIAL EVALUATION
Audited financial report {last three{3} years} 10
Turnover greater or equal to 5 times the cost of the project….. 10 mrks
Turnover greater or equal to 3 times the cost of the project….. 6 mrks
Turnover greater or equal to the cost of the project…………. 4 mrks
Turnover below the cost of the project………………………. 2 mrks
Evidence of Financial Resources{cash in hand, lines of credit, over draft facility} 10
Has financial resources equal or above the cost of the project---- 10 mrks
Has financial resources below the cost of the project---------------- 5 mrks
Has not indicated sources of financial resources--------------------- 0 mrs
Name ,address and telephone of banks{Contractors to provide} 5
Provided--------------------------------------------------------------------- 5 mrks
Not Provided-------------------------------------------------------------- 0 mrks
Litigation history 3
Filled-------------------------------------------------------------- 3 mrks
Not filled---------------------------------------------------------- 0 mrks
Sancity of the tender document 12
Having the document intact{not tempered with in any way}--------- 12 mrks
Having mutilated or modified the tender document -------------------- 0 mrks

TOTAL

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 KWALE COUNTY ASSEMBLY

DECLARATION FOR CODE OF ETHICS

Title
This code may be cited as the Code of Ethics for Suppliers in Public Procurement & Disposal
1. Interpretation

In this codes, unless the context otherwise requires-

“The Act” MEANS The Public Procurement and Disposal Act, 2005 or any amendment or
modification thereof
“Candidate” means a person who has obtained the tender documents from a public entity
pursuant to an invitation notice by a procuring entity
“Code of Ethics” means a statement encompassing the set of rules based on values and the
standards of conduct to which suppliers are expected to conform
“Consultant” is a person who provides services of predominantly intellectual, technical or
advisory nature
“Contractor” means a person who enters into a procurement contract with a procuring
entity to supply goods, works or services, and includes the main contractor
“Ethics” means values, customs, rules or principles, which govern right conduct
“Gift” has meaning assigned to it in the Leadership and Integrity Regulations, 2015
“Integrity” means the quality of being honest and having strong moral and ethical
principles
“Persons” has meaning assigned to it in Article 260 of the Constitution and includes sole
proprietorship
“Procuring Entity” means a public entity making a procurement to which the Public
Procurement and Disposal Act, 2005 or any amendment or modification thereof applies
“Public Officer” has the meaning assigned to it in Article 260 of the Constitution
“Regulations” means regulations made under the Public Procurement and Disposal Act,
2005 or any amendment or modification thereof
“State Officer” has the meaning assigned to it in Article 260 of the Constitution .

106
“Supplier” means a candidate, bidder, and tenderer, Contractor, service provider or a
consultant.
“Tenderer” means a person who submitted a tender pursuant to an invitation by a public
entity
For purposes of this Code, all terms used, unless expressly defined herein, have the meaning
assigned to them in the Act.
2. Application of the Code

a) This Code of Ethics is applicable to suppliers participating in public procurement or

disposal of public assets.

b) The objective of the Code is to set minimum standards of ethical behavior for Suppliers to
ensure compliance with the Act and the Regulations and the adoption of good business
practices.

PART II – REQUIREMENTS/OBLIGATIONS OF THE SUPPLIERS

3. Laws and Regulations

a) All public procurement & disposal shall be undertaken in accordance with the values and
principles of the Constitution of Kenya, 2010 (Article 10)
b) All Suppliers shall comply with the rule of Law.
c) Suppliers shall observe other laws, regulations, rules and practices relating to taxation,
labour, health and safety standards as well as environmental protection.

4. Professionalism

a) Suppliers are required to comply with professional standards of their industry or of any
professional body of which they are members. Where a supplier is a member of a
professional body, the Supplier shall uphold the code of ethics of the respective profession
and be of good standing.
b) Suppliers shall maintain the highest standards of integrity and professionalism in their
operations.
c) Suppliers in public procurement shall accord mutual respect and courtesy to the public
officer(s) and other suppliers without compromising their independent and distinct roles.
d) Public procurement & disposal activities shall be undertaken with the objective of meeting
the closest public scrutiny.

5. Impartiality

A supplier shall not engage in acts aimed at encouraging patronage, tribalism, cronyism and
nepotism.

107
6. Gifts, Favors and Corrupt practices

a) A supplier shall not offer or give gifts of any kind to public entities and/or the employees.
b) No supplier shall contact, unduly influence or exert pressure on any member of a
committee or any other employee of a procuring entity to take a particular action which
favours or tends to favour them.
c) A supplier shall not engage in fraudulent, collusive, or corrupt practices, or inappropriate
influences.
d) A supplier shall not act inappropriately by attempting to interfere with the procurement
process

7. Conflict of Interest

a) A supplier shall not accept contracts which would constitute a conflict of interest with any
prior or current contract. Suppliers shall disclose to all concerned parties those conflicts of
interest that cannot be reasonably avoided.
b) A supplier shall not enter into a contract with a procuring entity if the supplier is:

(i) An employee of the procuring entity or a member of a board or committee of the procuring
entity;
(ii) A State Officer, public Officer or a member of a board or committee of the Government or
any department of the Government or a person appointed to any position by the President or
a Cabinet Secretary;
(iii) A person, including a corporation, who is related to a person described in paragraph (a)
or (b). A relative has meaning assigned to it in section 33(2) of the Public Procurement and
Asset Disposal Act, 2015 or any amendment or modification thereof applies
(iv) Debarred from participating in procurement proceedings.

8. Performance of Duties

1) A supplier shall:

a. Duly sign this code of ethics and include it in a tender, proposal or quotation submitted.
b. Obtain and submit bid documents in the manner prescribed in the tender notice and
tender documents
c. Supply the right quantity and quality of the contracted item and deliver at the stipulated
time(s) and shall not abandon the work that they have been contracted to do.
d. Perform the obligations of the contracts efficiently and effectively
2) Suppliers shall not participate in procurement proceedings without invitation to tender
and understanding the instructions to tenderers.

108
3) While responding to tenders, quotations or request for proposals, bidders should not
include unfair, discriminatory or unreasonable conditions in their bids.
4) Suppliers should

a. Ensure that their deliverables provide value for money in terms of cost, quality, quantity
and timeliness of the delivered works, goods or services.
b. Ensure that competent persons carry out the contractual obligations of the supplier.
c. Accept full responsibility for all works, services or supplies provided

5) A supplier shall not

a. Obstruct or hinder an officer of the Authority or any other authorized person from
carrying out a duty or function or exercising a power relating to procurement and disposal.
b. Knowingly or in collusion with others lie to or mislead a person carrying out a duty or
function or exercising a power relating to procurement and disposal.

9. Communication and Accuracy of Information

A supplier shall:
1) Observe strict communication limitations during the bidding process and as provided for
in the Act
2) Respond promptly and courteously to all proper requests for information, clarifications,
complaints or enquiries from procuring entities, the Authority or any law enforcement
agency.
3) Ensure that all information provided to procuring entities is given in writing by Authorized
Officers.
4) Ensure that certified copies of all mandatory certificates are availed
5) Ensure that information given while participating in public procurement or disposal is
true, accurate and fair, and not designed to mislead.

10. Confidentiality

Information obtained in the course of performance of a procurement contract in shall not be

disclosed to unauthorized persons and shall not be used for the Supplier’s advantage or
material gain or for furtherance of private interest. The obligation to preserve the confidential
information continues even after the business/contractual relationship with the Procuring
Entity ends.
11. Duty to report impropriety/corruption

A supplier shall reject and report to the PPOA and/or the relevant agency any procurement
practice which might be deemed improper.

109
PART III - OVERSIGHT BY THE PPOA
12. PPOA shall assist in undertaking continuous training of the suppliers to eliminate
malpractices which might arise due to ignorance of the public procurement system.
13. PPOA will exercise oversight in the enforcement of this Code of Ethics, including taking
remedial measures where the Code of Ethics is breached
14. PPOA shall revise the code of ethics as appropriate in consultation with the relevant
stakeholders

PART IV - COMPLIANCE & MONITORING

15. A Procuring Entity may conduct due diligence, on-site evaluations and inspections of
suppliers’ facilities and/or project site, including those of their subcontractors and Joint
Venture partners to review their compliance to this Code during execution of the Contract.
16. PPOA shall, on its own motion or upon receipt of a complaint, inquire into the allegation
of the violation of the Code of Ethics and institute debarment proceedings in line with
Regulation 90 of the Public Procurement And Disposal Regulations, 2006
17. PPOA shall establish a complaints management system for reporting and receipt of
complaints on alleged violations of the Code of Ethics
18. PPOA may collaborate and partner with other agencies, organizations and professional
bodies in enforcement of this Code of Ethics.
19. All Procuring Entities shall submit a report to PPOA, annually or upon request, of any
breaches by suppliers, and any action taken against the breach, in such format as is
provided by PPOA.

PART V - ENFORCEMENT OF THE CODE

20. Any person may lodge a complaint alleging a breach of this code by a supplier to the
Authority or a Procuring entity.
21. Upon receipt of the complaint, the Authority or the Procuring entity shall register and
carry out investigations into the complaint, and may take action against the supplier in
accordance with the Act and any Regulations
22. A breach of this Code shall be subject to a debarment process as stipulated in the Act
which may attract a debarment for a period not less than five years. The breach may further
be subjected to a Court process that may lead to the imposition of other penalties as
stipulated in the Act and other Laws.
23. A Procuring Entity may disqualify a supplier from further participation in a procurement
or disposal proceeding or terminate a contract if it establishes a breach of this Code
24. A breach of this Code shall lead to termination of registration of a supplier
25. A supplier who violate the law or engage in unethical business dealings may be subject
to disciplinary proceedings.

110
COMMITMENT TO THE CODE OF ETHICS (to be submitted as part of any quotation or
tender)
I …………………………………. (Supplier) Confirm that I have read and fully understood the
contents of the Public Procurement & Asset Disposal Act 2015 and the Code of Ethics for
Suppliers and my responsibilities under the Code.
I also certify that I am duly authorized to sign this Code on my own behalf and on behalf of
my organization, and agree to comply with the Code of Ethics.
Name………………………………………………. Sign……………………
Position……………………………………………….
Office address……………………………………………….
Telephone……………………………………………………
E-mail………………………………………………………
Name of the Firm……………………………………………
(Company Seal/ Rubber Stamp where applicable)
Sworn at …………... }
By the said …………. } ……………………………
Deponent
this………..…day of……………20………. }
Before Me }
}
Commissioner for Oaths/Magistrate}
AR 2016-2018

111