An ISO 9001:2015 Certified Hospital

MOI TEACHING AND REFERRAL HOSPITAL

P.O. BOX 3-30100
ELDORET

TENDER NO. MTRH/RFP/11/2023-2024

TENDER FOR PROVISION OF HOTEL ACCOMONDATION AND

CONFERENCE FACILITIES TO MOI TEACHING AND REFERRAL
HOSPITAL

CLOSING DATE: 28TH MARCH, 2024

AT: 10.00 AM

STANDARD TENDER DOCUMENT FOR PROCUREMENT OF NON-CONSULTING SERVICES

i
 TABLE OF CONTENTS

INVITATION TOTENDER ...................................................................................................................... ix

PART I –TENDERING PROCEDURE .................................................................................................... 1

Section I - Instructions to Tenderers ............................................................................................................. 1

A. General ............................................................................................................................................... 1
1. Scope of Tender......................................................................................................................................... 1
2. Unfair Competitive Advantage ........................................................................................................... 1
3. Fraud and Corruption .......................................................................................................................... 1
4. Eligible Tenderers ............................................................................................................................... 1
5. Qualification of the Tenderer .............................................................................................................. 3

B. Contents of Tendering Document .................................................................................................... 3

6. Sections of Tendering Document ........................................................................................................ 3

PART 1: Tendering Procedures ........................................................................................................... 3
PART 2: Procuring Entity's Requirements .......................................................................................... 4
PART3: Contract ................................................................................................................................. 4
7. Site Visit. ................................................................................................................................................... 4
8. Pre-Tender Meeting and a pre-arranged pretender visit of the site of the works ................................ 4
9. Clarification of Tender Document, Site Visit, Pre-Tender Meeting. ................................................... 4
10. Amendment of Tendering Documents ................................................................................................ 5

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

11. Cost of Tendering ................................................................................................................................ 5

12. Language of Tender .................................................................................................................................. 5
13. Documents Comprising the Tender ......................................................................................................... 5
14. Form of Tender and Activity Schedule ............................................................................................... 6
15. Alternative Tenders ................................................................................................................................... 6
16. Tender Prices and Discounts ............................................................................................................... 6
17. Currencies of Tender and Payment ..................................................................................................... 6
18. Documents Establishing Conformity of Services ............................................................................... 6
19. Documents Establishing the Eligibility and Qualifications of the Tenderer ....................................... 7
20. Period of Validity of Tenders .................................................................................................................... 8
21. Tender Security ................................................................................................................................... 8
22. Format and Signing of Tender.................................................................................................................. 9
D. Submission and Opening of Tenders.................................................................................................... 9
23. Sealing and Marking of Tenders .............................................................................................................. 9
24. Deadline for Submission of Tenders ...................................................................................................... 10
25. Late Tenders ............................................................................................................................................ 10
26. Withdrawal, Substitution and Modification of Tenders........................................................................ 10
27. Tender Opening ................................................................................................................................. 10

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

28. Confidentiality ....................................................................................................................................11
29. Clarification of Tenders .......................................................................................................................... 11
30. Deviations, Reservations, and Omissions ..........................................................................................11
31. Determination of Responsiveness ..................................................................................................... 12
32. Correction of Arithmetical Errors ..................................................................................................... 12
33. Conversion to Single Currency ......................................................................................................... 12
34. Margin of Preference and Reservations ............................................................................................ 34
35. Evaluation of Tenders ............................................................................................................................. 34
37. Abnormally Low Tenders and Abnormally High Tenders ................................................................... 34
38. Unbalanced and/or Front-Loaded Tenders ............................................................................................ 14
39. Qualification of the Tenderer ............................................................................................................. 14
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40. Procuring Entity's Right to Accept Any Tender, and to Reject Any or All Tenders........................... 15

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

41. Award Criteria ................................................................................................................................... 15
42. Notice of Intention to enter into a Contract ...................................................................................... 15
43. Standstill Period ................................................................................................................................ 15
44. Debriefing by the Procuring Entity ................................................................................................... 15
45. Letter of Award ............................................................................................................................................. 15
46. Signing of Contract ........................................................................................................................... 16
47. Performance Security ........................................................................................................................ 16
48 Publication of Procurement Contract ................................................................................................ 16
48. Adjudicator ........................................................................................................................................ 16
49. Procurement Related Complaint ....................................................................................................... 16

SECTION II - TENDER DATASHEET (TDS) ...................................................................................... 17

SECTION III - EVALUATION AND QUALIFICATION CRITERIA .............................................. 21

1. General Provision .............................................................................................................................. 21
2. Preliminary examination for Determination of Responsiveness ....................................................... 21
3. Tender Evaluation (ITT 35)............................................................................................................... 21
4. Multiple Contracts ............................................................................................................................. 21
5. Alternative Tenders (ITT 14.1) ......................................................................................................... 22
6. MARGIN OF PREFERENCE .......................................................................................................... 22
7. Post qualification and Contract ward (ITT 39), more specifically .................................................... 22

SECTION IV-TENDERING FORMS .................................................................................................... 24

1. FORM OFTENDER ....................................................................................................................... 24

i) TENDERER'S ELIGIBILITY- CONFIDENTIAL BUSINESS QUESTIONNAIRE ............. 27
ii) CERTIFICATE OF INDEPENDENT TENDER DETERMINATION ................................... 29
iii) SELF-DECLARATION FORM .............................................................................................. 30
iv) APPENDIX 1- FRAUD AND CORRUPTION ....................................................................... 33

2. TENDERER INFORMATION FORM......................................................................................... 35

OTHER FORMS ...................................................................................................................................... 36

3. FORM OF TENDER SECURITY - DEMANDBANKGUARANTEE ........................................... 36
4. FORM OF TENDER SECURITY(INSURANCE GUARANTEE) ................................................. 37
5. FORM OFTENDER-SECURING DECLARATION ........................................................................... 38

QUALIFICATION FORMS .................................................................................................................... 40

6. FOREIGN TENDERERS40% RULE............................................................................................... 40
7. FORM EQU: EQUIPMENT ............................................................................................................. 41
8. FORM PER -1 ................................................................................................................................... 42
9. FORM PER-2 .................................................................................................................................... 44

TENDERERS QUALIFICATION WITHOUT PREQUALIFICATION ........................................... 46

10. FORM ELI -1.1 ................................................................................................................................. 46
11. FORM ELI -1.2 ................................................................................................................................. 47
12. FORM CON– 2 ................................................................................................................................. 48
13. FORM FIN– 3.1 ................................................................................................................................ 50
14. FORM FIN– 3.2 ................................................................................................................................ 52
15. FORM FIN– 3.3 ................................................................................................................................ 52
16. FORM FIN– 3.4 ................................................................................................................................ 53
17. FORM EXP- 4.1................................................................................................................................ 54
18. FORM EXP- 4.2(a) ........................................................................................................................... 55
19. FORM EXP- 4.2(b) ........................................................................................................................... 56

SCHEDULE FORMS ............................................................................................................................... 58

i
i
1. Method Statement ............................................................................................................................. 61
2. Work Plan .......................................................................................................................................... 62
3. Others –Time Schedule ..................................................................................................................... 63

CONTRACTFORMS ............................................................................................................................... 64
1. NOTIFICATION OF INTENTIONTOAWARD...............................................................................................64
2. LETTER OF AWARD ....................................................................................................................... 66
3. FORM OF CONTRACT ................................................................................................................... 67
4. FORM OF TENDER SECURITY (Bank Guarantee) ...................................................................... 69
5. FORM OF TENDER SECURITY (Insurance Guarantee) ............................................................... 70
6. FORM OFTENDER-SECURING DECLARATION ........................................................................... 71

PART II – PROCURINGENTITY'S REQUIREMENTS ..................................................................... 72

SECTION V – ACTIVITY SCHEDULE ............................................................................................... 73

1. Objectives .......................................................................................................................................... 73
2. Day work Schedule ........................................................................................................................... 73
3. Provisional Sums............................................................................................................................... 73
4. PERFORMANCE SPECIFICATIONS AND DRAWINGS ................................................................ 74

PART III – CONDITIONS OF CONTRACT ANDCONTRACTFORMS ......................................... 75

SECTION VI - GENERAL CONDITIONSOFCONTRACT............................................................... 76

A. General Provisions .......................................................................................................................... 76
1. Definitions ......................................................................................................................................... 76
2. Commencement, Completion, Modification, and Termination of Contract ..................................... 77
3. Obligations of the Service Provider .................................................................................................. 79
4. Service Provider's Personnel ............................................................................................................. 82
5. Obligations of the Procuring Entity .................................................................................................. 82
6. Payments to the Service Provider ..................................................................................................... 82
7. Quality Control.................................................................................................................................. 84
8. Settlement of Disputes ...................................................................................................................... 84

B. SECTION VII - SPECIAL CONDITIONS OF CONTRACT .................................................... 88

C. APPENDICES ................................................................................................................................. 91
Appendix A - Description of the Services ........................................................................................ 91
Appendix B - Schedule of Payments and Reporting Requirements ................................................. 91
Appendix C - Breakdown of Contract Price ..................................................................................... 91
Appendix D - Services and Facilities Provided by the Procuring Entity .......................................... 91

D. SECTION VIII–CONTRACT FORMS ........................................................................................ 92

FORM NO. 1 - PERFORMANCE SECURITY – (Unconditional Demand Bank Guarantee) ........ 92
FORM No. 2 - PERFORMANCE SECURITY OPTION 2– (Performance Bond) ......................... 93
FORM NO. 3 - ADVANCE PAYMENT SECURITY [Demand Bank Guarantee] .......................... 95
FORM NO. 4 - BENEFICIAL OWNERSHIP DISCLOSURE FORM ............................................ 95

4
 INVITATION TO TENDER.

PROCURING ENTITY: Moi Teaching and Referral Hospital

CONTRACT NAME AND DESCRIPTION: Tender for Provision of Hotel Accommodation and
Conference Facilities to Moi Teaching and Referral Hospital
Moi Teaching and Referral Hospital invites sealed tenders for Provision of Hotel Accommodation and
Conference Facilities to Moi Teaching and Referral Hospital

1. Tendering will be conducted under open competitive method National using a standardized
tender document. Tendering is open to all qualified and interested Tenderers. “Tenderers
will be allowed to tender for one or more lots”.

2. Qualified and interested tenderers may obtain further information and inspect the Tender
Document during office hours from 8.30 a.m to 4.30 p.m at Supply Chain Department.

3. A complete set of tender documents may be obtained electronically from www.tenders.go.ke

or www.mtrh.go.ke under tender portal will be free of charge.

4. Tender documents obtained electronically will be free of charge.

5. Tenderers who download the tender document must forward their particulars immediately to
[email protected] to facilitate any further clarification or addendum.

6. The Tenderer shall chronologically serialize all pages of the tender documents submitted.

7. Completed tenders must be delivered to the address below on or before 28thMarch, 2024 at
10.00 a.m. Electronic Tenders will not be permitted.

8. Tenders will be opened immediately after the deadline date and time specified above or any
deadline date and time specified later. Tenders will be publicly opened in the presence of the
Tenderers' designated representatives who choose to attend at the address below.

9. Late tenders will be rejected.

10. The addresses referred to above are:

A. Address for obtaining further information and for purchasing tender documents

1) .Name of Procuring Entity: Moi Teaching and Referral Hospital, P.O Box 3, Eldoret.

2) .Physical address for hand Courier Delivery to an office or Tender Box

Moi Teaching and Referral Hospital, is situated along Nandi Road. Tender Box A is located at
Ground Floor, left wing of Chandaria Cancer and Chronic Diseases Centre (CCCDC) Building.

3). Postal Address:

Ag.Chief Executive Office,

Moi Teaching and Referral Hospital,

P.O BOX 3 -30100,

ELDORET.

4).Insert name, telephone number and e-mail address of the officer to be contacted
v
 Ag. Manager, Supply Chain.

Email: [email protected] Telephone number 0532033473 extension 3318.

B. Address for Submission of Tenders.

1. Name of Procuring Entity: Moi Teaching and Referral Hospital

2. Postal Address (include Designation of Officer to be attentioned):

The Ag. Chief Executive Officer,

Moi Teaching and Referral Hospital

P. O. Box 3-30100, ELDORET.

Tender Box “A” is located at Ground Floor, left wing of Chandaria Cancer and Chronic
Diseases Centre (CCCDC) Building.

3. There is no alternative designated delivery office or tender box.

C. Address for Opening of Tenders.

1. Name of Procuring Entity: Moi Teaching and Referral Hospital P.O. Box 3-30100,
ELDORET.

2. Physical address for the location is Moi Teaching and Referral Hospital is situated along Nandi
Road Tenderers shall converge at Ground Floor, left wing of Chandaria Cancer and Chronic
Diseases Centre (CCCDC) Building.

3. Venue for opening shall be advised by the Tender Opening Committee

Ag. Manager, Supply Chain,

For; Ag. Chief Executive Officer
26th February, 2024.

vi
PART 1 - TENDERING PROCEDURES
SECTION I -INSTRUCTIONS TO TENDERERS

A. General

1. Scope of Tender

1.1 This tendering document is for the delivery of Non-Consulting Services, as specified in Section V,
Procuring Entity's Requirements. The name, identification and number of this tender are specified
in the TDS.

2. Throughout this tendering document:

2.1 The terms:

a) The term “in writing” means communicated in written form (e.g., by mail, e-mail, fax,
including if specified in the TDS, distributed or received through the electronic- procurement
system used by the Procuring Entity) with proof of receipt;
b) if the contexts or esquires, “singular” means “plural” and vice versa; and
c) “Day” means calendar day, unless otherwise specified as “Business Day”. A Business Day is
any day that is an official working day of the Procuring Entity. It excludes the Procuring
Entity's official public holidays.

2.2 The successful Tenderer will be expected to complete the performance of the Services by the
Intended Completion Date provided in the TDS.

3. Fraud and Corruption

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

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

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

3.4 Unfair Competitive Advantage-Fairness and transparency in the tender process require that the
Firms or their Affiliates competing for a specific assignment do not derive a competitive advantage
from having provided consulting services related to this tender. The Procuring Entity shall indicate
in the TDS firms (if any) that provided consulting services for the contract being tendered for. The
Procuring Entity shall check whether the owners or controllers of the Tenderer are same as those
that provided consulting services. The Procuring Entity shall, upon request, make available to any
tenderer information that would give such firm unfair competitive advantage over competing firms.
ligible Tenderers
4. E
8
4.1 A ned entity or institution subject to ITT 4.6, or any combination of such entities in the form of a
Joint Venture (JV) under an existing agreement or with the intent to enter into such an
T agreement supported by a Form of intent. In the case of a joint venture, all members shall be
e jointly and severally liable for the execution of the entire Contract in accordance with the
n Contract terms. The JV shall nominate a Representative who shall have the authority to
d conduct all business for and on behalf of any and all the members of the JV during the
e Tendering process and, in the event the JV is awarded the Contract, during contract execution.
r Members of a joint venture may not also make an individual tender, be a sub contract or in a
e separate tender or be part of another joint venture for the purposes of the same Tender. The
r maximum number of JV members shall be specified in the TDS.

m4.2 Public Officers, of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister. Child,
a Parent, Brother or Sister of a Spouse in which they have a substantial or controlling interest
y shall not be eligible to tender or be awarded contract. Public Officers are also not allowed to
participate in any procurement proceedings.
b
e 4.3 A Tenderer shall not have a conflict of interest. Any Tenderer found to have a conflict of interest
shall be disqualified. A Tenderer may be considered to have a conflict of interest for the
a purpose of this Tendering process, if the Tenderer:
a Directly or indirectly controls, is controlled by or is under common control with another Tenderer; or
fi b Receives or has received any direct or indirect subsidy from another Tenderer; or
r c has the same legal representative as another Tenderer; or
m
d has a relationship with another Tenderer, directly or through common third parties, that puts it in a
position to influence the Tender of another Tenderer, or influence the decisions of the
t
Procuring Entity regarding this Tendering process; or
h
a e oranyofitsaffiliatesparticipatedasaconsultantinthepreparationoftheProcuringEntity'sRequirements
t (including Activities Schedules, Performance Specifications and Drawings) for the Non-
Consulting Services that are the subject of the Tender; or
i f or any of its affiliates has been hired (or is proposed to be hired) by the Procuring Entity or
s Procuring Entity for the Contract implementation; or
g would be providing goods, works, or non-consulting services resulting from or directly related to
a consulting services for the preparation or implementation of the project specified in the
TDS ITT 2. 1 that it provided or were provided by any affiliate that directly or indirectly
p controls, is controlled by, or is under common control with that firm; or
r h has a close business or family relationship with a professional staff of the Procuring Entity or of the
i project implementing agency, who:
v
a i. are directly or in directly involved in the preparation of the tendering document or
t specifications of the contract, and/or the Tender evaluation process of such contract; or
e

e ii. Would be involved in the implementation or supervision of such contract unless the
n conflicts teeming from such relationship has been resolved in a manner acceptable to
t the Procuring Entity throughout the procurement process and execution of the
i Contract.
t
4.4 A firm that is a Tenderer (either individually or as a JV member) shall not participate in more than
y
one tender, except for permitted alternative Tenders. This includes participation as a
,
subcontractor. Such participation shall result in the disqualification of all Tenders in which the
firm is involved. A firm that is not a Tenderer or a JV member may participate as a sub-
a contractor in more than one Tender.
s 4.5 A Tenderer may have the nationality of any country, subject to the restrictions pursuant to ITT 4 .9.
t
a 4.6 A Tenderer that has been sanctioned by PPRA or are under a temporary suspension or a debarment
t imposed by any other entity of the Government of Kenya shall be ineligible to be pre-qualified
e for, initially selected for, tender for, propose for, or be awarded a contract during such period
- of sanctioning. The list of debarred firms and individuals is available at the PPRA Website
o www.ppra.go.ke
w
9
4.7 T Kenya may be eligible to compete and be awarded a Contract(s) only if they can establish that
e they: (i) are legally and financially autonomous; (ii) operate under Commercial law; and (iii)
n are not under supervision of the Procuring Entity.
d
e 4.8 Firms and individuals may be ineligible if (a) as a matter of law or official regulations, Kenya
r prohibits commercial relations with that country, or (b) by an act of compliance with a
e decision of the United Nations Security Council take under Chapter VII of the Charter of the
r United Nations, Kenya prohibits any import of goods or contracting of works or services from
s that country, or any payments to any country, person or entity in that country.

t 4.9 A Tenderer shall be deemed to have the nationality of a country if the Tenderer is constituted,
h incorporated or registered in and operates in conformity with the provisions of the laws of that
a country, as evidenced by its articles of incorporation (or equivalent documents of constitution
t or association) and its registration documents, as the case may be. This criterion also shall
apply to the determination of the nationality of proposed subcontractors or sub consultants for
a any part of the Contract including related Services.
r
e 4.10 Foreign tenderers are required to source at least forty (40%) percent of their contract inputs (in
supplies, subcontracts and labor) from national suppliers and contractors. To this end, a
s foreign tenderer shall provide in its tender documentary evidence that this requirement is met.
t Foreign tenderers not meeting this criterion will be automatically disqualified. Information
a required to enable the Procuring Entity determine if this condition is met shall be provided in
t for this purpose is be provided in “SECTION III-EVALUATION AND QUALIFICATION
e CRITERIA, Item 9”.
-
o 4.11 Pursuant to the eligibility requirements of ITT 4.10, a tender is considered a foreign tenderer, if the
w tenderer is not registered in Kenya or if the tenderer is registered in Kenya and has less than
n 51 percent ownership by Kenyan citizens. JVs are considered as foreign tenderers if the
e individual member firms are not registered in Kenya or if are registered in Kenya and have
d less than 51 percent ownership by Kenyan citizens. The JV shall not sub contract to foreign
firms more than 10 percent of the contract price, excluding provisional sums.
e
n 4.12 The Competition Act of Kenya requires that firms wishing to tender as Joint Venture undertakings
t which may prevent, distort or lessen competition in provision of services are prohibited unless
e they are exempt in accordance with the provisions of Section 25 of the Competition Act, 2010.
r JVs will be required to seek for exemption from the Competition Authority. Exemption shall
p not be a condition for tender, but it shall be a condition of contract award and signature. A JV
r tenderer shall be given opportunity to seek such exemption as a condition of award and
i signature of contract. Application for exemption from the Competition Authority of Kenya
s may be accessed from the website www.cak.go.ke
e
s 4.13 A Tenderer may be considered ineligible if he/she offers goods, works and production processes
with characteristics that have been declared by the relevant national environmental protection
o agency or by other competent authority as harmful to human beings and to the environment
r shall not be eligible for procurement.

i 4.14 A Kenyan tenderer shall be eligible to tender if it provides evidence of having fulfilled his/her tax
n obligations by producing a valid tax compliance certificate or tax exemption certificate is sued
s by the Kenya Revenue Authority.
t
i5 Qualification of the Tenderer
t
u 5.1 All Tenderers shall provide in Section IV, Tendering Forms, a preliminary description of the
t proposed work method and schedule, including drawings and charts, as necessary.
i
o 5.2 In the event that pre-qualification of Tenderers has been undertaken as stated in ITT 18.3, the
n provisions on qualifications of the Section III, Evaluation and Qualification Criteria shall not
s apply.

i B. Contents of Tendering Document

n
6 Sections of Tendering Document

10
6.1 T clude all the sections indicated below and should be read in conjunction with any Addenda
h issued in accordance with ITT 10.
e
PART 1: Tendering Procedures
t i) Section I - Instructions to Tenderers (ITT)
e ii) Section II - Tender Data Sheet (TDS)
n iii) Section III - Evaluation and Qualification Criteria
d iv) Section IV - Tendering Forms
e
r PART 2: Procuring Entity's Requirements
i
v) Section V-Procuring Entity's Requirements
n
g
PART 3: Contract
d vi) Section VI - General Conditions of Contract (GCC)
o vii) Section VII - Special Conditions of Contract (SCC)
c viii) Section VIII - Contract Forms
u
m
e 6.2 The Invitation to Tender (ITT) notice or the notice to pre-qualify Tenderers, as the case may be,
n issued by the Procuring Entity is not part of this tendering document.
t
6.3 Unless obtained directly from the Procuring Entity, the Procuring Entity is not responsible for the
c completeness of the document, responses to requests for clarification, the Minutes of the pre-
o Tender meeting (if any), or Addenda to the tendering document in accordance with ITT 10. In
n case of any contradiction, documents obtained directly from the Procuring Entity shall prevail.
s
i 6.4 The Tenderer is expected to examine all instructions, forms, terms, and specifications in the
s tendering document and to furnish with its Tender all information or documentation as is
t required by the tendering document.
s
7. Site Visit
o
f 7.1 The Tenderer, at the Tenderer's own responsibility and risk, is encouraged to
visit and examine and inspect the Site of the Required Services and its
P surroundings and obtain all information that may be necessary for
a preparing the Tender and entering in to a contract for the Services. The
r costs of visiting the Site shall beat the Tenderer's own expense.
t
s8 Pre-Tender Meeting

1 8.1 The Procuring Entity shall specify in the TDS if a pre-tender conference will
, be held, when and where. The Procuring Entity shall also specify in the
TDS if a pre-arranged pretender site visit will be held and when. The
2 Tenderer's designated representative is invited to attend a pre-arranged
, pretender visit of the site of the works. The purpose of the meeting will
be to clarify issues and to answer questions on any matter that may be
a raised at that stage.
n
d 8.2 The Tenderer is requested to submit any questions in writing, to reach the
Procuring Entity not later than the period specified in the TDS before the
3 meeting.
,
8.3 Minutes of the pre-Tender meeting and the pre-arranged pre tender visit of the
w site of the service, if applicable, including the text of the questions asked
h by Tenderers and the responses given, together with any responses
i prepared after the meeting, will be transmitted promptly to all Tenderers
c who have acquired the Tender Documents in accordance with ITT6.3.
h Minutes shall not identify the source of the questions asked.

i 8.4 The Procuring Entity shall also promptly publish anonymized (no names)
n Minutes of the pre-Tender meeting and the pre-arranged pretender visit
of the site of the service at the web page identified in the TDS. Any
11
 m as a result of the pre-Tender meeting shall be made by the Procuring
o Entity exclusively through the issue of an Addendum pursuant to ITT10
d and not through the minutes of the pre-Tender meeting. Nonattendance at
i the pre-Tender meeting will not be a cause for disqualification of a
fi Tenderer.
c
9 Clarification
a of Tender Documents
t
i 9.1 A Tenderer requiring any clarification of the Tender Document shall contact
o the Procuring Entity in writing at the Procuring Entity's address specified
n in the TDS or raise its enquiries during the pre-Tender meeting and the
pre- arranged pretender visit of the site of the Service if provided for in
t accordance with ITT 8.4. The Procuring Entity will respond in writing to
o any request for clarification, provided that such request is received no
later than the period specified in the TDS prior to the deadline for
t submission of tenders. The Procuring Entity shall forward copies of its
h response to all tenderers who have acquired the Tender Documents in
e accordance with ITT 6.3, including a description of the inquiry but
without identifying its source. If so specified in the TDS, the Procuring
T Entity shall also promptly publish its response at the webpage identified
e in the TDS. Should the clarification result in changes to the essential
n elements of the Tender Documents, the Procuring Entity shall amend the
d Tender Documents appropriately following the procedure under ITT 8.4.
e
10 Amendment r of Tender Documents

D10.1 At any time prior to the deadline for submission of Tenders, the Procuring
o Entity may amend the Tendering document by issuing addenda.
c
u 10.2 Any addendum issued shall be part of the tendering document and shall be
m communicated in writing to all who have obtained the tendering
e document from the Procuring Entity in accordance with ITT 6.3. The
n Procuring Entity shall also promptly publish the addendum on the
t Procuring Entity's web page in accordance with ITT 8.4.
s
10.3 To give prospective Tenderers reasonable time in which to take an addendum
t into account in preparing their Tenders, the Procuring Entity shall
h extend, as necessary, the deadline for submission of Tenders, in
a accordance with ITT 24.2 below.
t
C. Preparation of Tenders
m
11 a
Cost of Tendering
y
11.1 The Tenderer shall bear all costs associated with the preparation and
b submission of its Tender, and the Procuring Entity shall not be
e responsible or liable for those costs, regardless of the conduct or outcome
c of the Tendering process.
o
12 Language ofm Tender
e
12.1 The Tender as well as all correspondence and documents relating to the
n Tender exchanged by the Tenderer and the Procuring Entity shall be
e written in the English language. Supporting documents and printed
c literature that are part of the Tender may be in another language provided
e they are accompanied by an accurate translation of the relevant passages
s into the English language, in which case, for purposes of interpretation of
s the Tender, such translation shall govern.
a
13 DocumentsrComprising the Tender
y
13.1 The Tender shall comprise the following:

12
a F : priced Activity Schedule completed in accordance with ITT 14 and ITT 16;
oc Tender Security or Tender-Securing Declaration in accordance with ITT 21.1;
r
md Alternative Tender: if permissible in accordance with ITT 15;
e Authorization: written confirmation authorizing the signatory of the Tender to commit the
o Tenderer, in accordance with ITT 22.3;
f
f Qualifications: documentary evidence in accordance with ITT 19 establishing the Tenderer's
T qualifications to perform the Contract if its Tender is accepted;
eg Tenderer's Eligibility: documentary evidence in accordance with ITT 19 establishing the
n Tenderer's eligibility to Tender;
d
h Conformity: documentary evidence in accordance with ITT 18, that the Services conform to the
e
tendering document; and
r
i Any other document required in the TDS.
p
r The Tenderer shall chronologically serialize pages of all tender documents submitted.
e
13.2 p In addition to the requirements under ITT 13.1, Tenders submitted by a JV shall include a copy of
a the Joint Venture Agreement entered into by all members. Alternatively, a Form of intent to
r execute a Joint Venture Agreement in the event of a successful Tender shall be signed by all
e members and submitted with the Tender, together with a copy of the proposed Agreement.
d
13.3 The Tenderer shall furnish in the Form of Tender information on commissions and gratuities, if any, paid or
i to be paid to agents or any other party relating to this Tender.
n
14 Form of Tender and Activity Schedule
a
14.1 The Form of Tender and priced Activity Schedule shall be prepared using the relevant
c
forms furnished in Section IV, Tendering Forms. The forms must be completed
c without any alterations to the text, and no substitutes shall be accepted except as
o provided under ITT 22.3. All blank spaces shall be filled in with the information
r requested.
d
a
14.2 The Tenderer shall furnish in the Form of Tender information on commissions and gratuities, if
n any, paid or to be paid to agents or any other party relating to this Tender.
c
15 e Alternative Tenders
w 15.1 Unless otherwise indicated in the TDS, alternative Tenders shall not be considered. If
i alternatives are permitted, only the technical alternatives, if any, of the Best
t Evaluated Tender shall be considered by the Procuring Entity.
h
15.2 When alternative times for completion are explicitly invited, a statement to that effect
I will be included in the TDS and the method of evaluating different time schedules
T will be described in Section III, Evaluation and Qualification Criteria.
T
15.3 When specified in the TDS, Tenderers a reemitted to submit alternative technical
1 solutions for specified parts of the Services, and such parts will be identified in the
4 TDS, as will the method for their evaluating, and described in Section VII, Procuring
; Entity's Requirements.
b S
c
16.h Tender Prices and Discounts
e
d
16.1 The prices and discounts (including any price reduction) quoted by the Tenderer in the Form of
u Tender and in the Activity Schedule (s) shall conform to the requirements specified below.
l
16.2
e All lots (contracts) and items must be listed and priced separately in the Activity Schedule(s).
s

13
16.3 T ix A to the Contract and in the Specifications (or Terms of Reference), based on the priced
h Activity Schedule, sub mitted by the Tenderer.
e
16.4 The Tenderer shall quote any discounts and indicate the methodology for their application in the
C Form of Tender in accordance with ITT 16.1.
o
n 16.5 The Tenderer shall fill in rates and prices for all items of the Services described in the in
t Specifications (or Terms of Reference), and listed in the Activity Schedule in Section VII,
r Procuring Entity's Requirements. Items for which no rate or price is entered by the Tenderer
a will not be paid for by the Procuring Entity when executed and shall be deemed covered by
c the other rates and prices in the Activity Schedule.
t
16.6 All duties, taxes, and other levies payable by the Service Provider under the Contract, or for any
s other cause, as of the date 30 days prior to the deadline for submission of Tenders, shall be
h included in the total Tender price submitted by the Tenderer.
a
l 16.7 If provided for in the TDS, the rates and prices quoted by the Tenderer shall be subject to
l adjustment during the performance of the Contract in accordance with and the provisions of
Clause 6.6 of the General Conditions of Contract and / or Special Conditions of Contract. The
b Tenderer shall submit with the Tender all the information required under the Special
e Conditions of Contract and of the General Conditions of Contract.

f 16.8 For the purpose of determining the remuneration due for additional Services, a breakdown of the
o lump-sum price shall be provided by the Tenderer in the form of Appendices D and E to the
r Contract.

t
h
e17 Currencies of Tender and Payment

S17.1 The currency of the Tender and the currency of payments shall be Kenya Shillings.
e
r 18 Documents Establishing Conformity of Services
v
i 18.1 To establish the conformity of the Non-Consulting Services to the tendering document, the
c Tenderer shall furnish as part of its Tender the documentary evidence that Services provided
e conform to the technical specifications and standards specified in Section VII, Procuring
s Entity's Requirements.
,

a
s

d
e
s
c
r
i
b
e
d

i
n

A
p
p
e
n
d

14
18.2 Standards for provision of the Non-Consulting Services are intended to be descriptive only and not
restrictive. The Tenderer may offer other standards of quality provided that it demonstrates, to the Procuring
Entity's satisfaction, that the substitutions ensure substantial equivalence or are superior to those specified in
the Section VII, Procuring Entity's Requirements.

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

18.4 The purpose of the information described in ITT 18.3 above, overrides any claims to confidentiality which a
tenderer may have. There can be no circumstances in which it would be justified for a tenderer to keep
information relating to its ownership and control confidential where it is tendering to undertake public sector
work and receive public sector funds. Thus, confidentiality will not be accepted by the Procuring Entity as a
justification for a Tenderer's failure to disclose, or failure to provide required information on its ownership
and control.

18.4 The Tenderer shall provide further documentary proof, information or authorizations that the Procuring Entity
may request in relation to ownership and control which information on any changes to the information which
was provided by the tenderer under ITT18.3. The obligations to require this information shall continue for the
duration of the procurement process and contract performance and after completion of the contract, if any
change to the information previously provided may reveal a conflict of interest in relation to the award or
management of the contract.

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

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

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

18.9 If a tenderer submits information pursuant to these requirements that is in complete, inaccurate or out-of-date,
or attempts to obstruct the verification process, then the consequences ITT 18.9 will ensue unless the tenderer
can show to the reasonable satisfaction of the Procuring Entity that any such act was not material, or was due
to genuine err or which was not attributable to the intentional act, negligence or recklessness of the tenderer.

19 Documents Establishing the Eligibility and Qualifications of the Tenderer

19.1 To establish Tenderer's their eligibility in accordance with ITT4, Tenderers shall complete the Form of
Tender, included in Section IV, Tendering Forms.

19.2 The documentary evidence of the Tenderer's qualification stopper form the Contract if its Tender is accepted
shall establish to the Procuring Entity's satisfaction that the Tenderer meets each of the qualification criterion
specified in Section III, Evaluation and Qualification Criteria.

19.3 All Tenderers shall provide in Section IV, Tendering Forms, a preliminary description of the proposed
methodology, work plan and schedule.

15
19.4 In the event that pre-qualification of Tenderers has been undertaken, only Tenders from prequalified
Tenderers shall 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.

19.5 If pre-qualification has not taken place before Tendering, the qualification criteria for the Tenderers are
specified- in Section III, Evaluation and Qualification Criteria.

20 Period of Validity of Tenders

20.1 Tenders shall remain valid for the Tender Validity period specified in the TDS. The Tender Validity period
starts from the date fixed for the Tender submission deadline date (as prescribed by the Procuring Entity in
accordance with ITT 24.1). A Tender valid for a shorter period shall be rejected by the Procuring Entity as
non-responsive.

20.2 In exceptional circumstances, prior to the expiration of the Tender validity period, the Procuring Entity may
request Tenderers to extend the period of validity of their Tenders. The request and the responses shall be
made in writing. If a Tender Security is requested in accordance with ITT20, it shall also be extended for a
corresponding period. A Tenderer may refuse the request without forfeiting its Tender Security. A Tenderer
granting the request shall not be required or permitted to modify its Tender.

21 Tender Security

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

21.2 A Tender Securing Declaration shall use the form included in Section IV, Tendering Forms.

21.3 If a Tender Security is specified pursuant to ITT 21.1, from a reputable source, and an eligible country and
shall be in any of the following forms at the Tenderer's option:
i) cash;
ii) a bank guarantee;
iii) a guarantee by an insurance company registered and licensed by the Insurance Regulatory Authority
listed by the Authority; or
iv) a guarantee issued by a financial institution approved and licensed by the Central Bank of Kenya,

21.4 If a Tender Security is specified pursuant to ITT 20.1, any Tender not accompanied by a substantially
responsive Tender Security shall be rejected by the Procuring Entity as non-responsive.

21.5 If a Tender Security is specified pursuant to ITT 21.1, the Tender Security of unsuccessful Tenderers shall be
returned as promptly as possible upon the successful Tenderer's signing the contract and furnishing the
Performance Security pursuant to ITT 46. The Procuring Entity shall also promptly return the tender security
to the tenderers where the procurement proceedings are terminated, all tenders were determined non-
responsive or a bidder declines to extend tender validity period.

21.6 The Tender Security of the successful Tenderer shall be returned as promptly as possible once the successful
Tenderer has signed the Contract and furnished the required Performance Security.

21.7 The Tender Security may be forfeited or the Tender-Securing Declaration executed:
a. If a Tenderer withdraw sits Tender during the period of Tender validity specified by the Tenderer in the
Form of Tender, or any extension there to provide by the Tenderer; or
b. if the successful Tenderer fails to:
c. sign the Contract in accordance with ITT 46; or
d. Furnish a performance security in accordance with ITT 47.

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

21.9 The Tender Security or Tender-Securing Declaration of a JV must be in the name of the JV that submits the
16
 Tender. If the JV has not been legally constituted into a legally enforceable JV at the time of Tendering, the
Tender security or Tender-Securing Declaration shall be in the names of all future members as named in the
Form of intent referred to in ITT 4.1 and ITT 13.2.

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

22 Format and Signing of Tender

22.1 The Tenderer shall prepare one original of the documents comprising the Tender as described in ITT 13,
bound with the volume containing the Form of Tender, and clearly marked “Original. “In addition, the
Tenderer shall submit copies of the Tender, in the number specified in the TDS, and clearly marked as
“Copies. “In the event of discrepancy between them, the original shall prevail.

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

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

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

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

D. Submission and Opening of Tenders

23 Sealing and Marking of Tenders

23.1 Depending on the sizes or quantities or weight of the tender documents, a tenderer may use an
envelope, package or container. The Tenderer shall deliver the Tender in a single sealed envelope,
or in a single sealed package, or in a single sealed container bearing the name and Reference
number of the Tender, addressed to the Procuring Entity and a warning not to open before the time
and date for Tender opening date. Within the single envelope, package or container, the Tenderer
shall place the following separate, sealed envelopes:
a. in an envelope or package or container marked “ORIGINAL”, all documents comprising the Tender, as
described in ITT13; and
b. in an envelope or package or container marked “COPIES”, all required copies of the Tender; and
c. if alternative Tenders are permitted in accordance with ITT15, and if relevant:
i. in an envelope or package or container marked “ORIGINAL–ALTERNATIVE TENDER”, the
alternative Tender; and
ii. in the envelope or package or container marked “COPIES- ALTERNATIVE TENDER”, all
required copies of the alternative Tender.

The inner envelopes or packages or containers shall:

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

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

24 Deadline for Submission of Tenders

24.1 Tenders must be received by the Procuring Entity at the address and no later than the date and time specified
in the TDS. When so specified in the TDS, Tenderers shall have the option of submitting their Tenders
17
 electronically. Tenderers submitting Tenders electronically shall follow the electronic Tender submission
procedures specified in the TDS.

24.2 The Procuring Entity may, at its discretion, extend the deadline for the submission of Tenders by amending
the tendering document in accordance with ITT9, in which case all rights and obligations of the Procuring
Entity and Tenderers previously subject to the deadline shall thereafter be subject to the deadline as extended.

25 Late Tenders

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

26 Withdrawal, Substitution and Modification of Tenders

26.1 A Tenderer may withdraw, substitute, or modify its Tender after it has been submitted by sending a written
notice, duly signed by a n authorized representative, and shall include a copy of the authorization (the power
of attorney) in accordance with ITT 21.3, (except that withdrawal notices do not require copies). The
corresponding substitution or modification of the Tender must accompany the respective written notice. All
notices must be:
a) Prepared and submitted in accordance with ITT 21 and ITT 22 (except that withdrawal notices do not
require copies), and in addition, the respective envelopes shall be clearly marked “WITHDRAWAL,”
“SUBSTITUTION,” or “MODIFICATION;” and
b) Received by the Procuring Entity prior to the deadline prescribed for submission of Tenders, in
accordance with ITT 23.

26.2 Tenders requested to be withdrawn in accordance with ITT 25.1 shall be returned unopened to the Tenderers.

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

27 Tender Opening

27.1 Except as in the cases specified in ITT 23 and ITT 25.2, the Procuring Entity shall, at the Tender opening,
publicly open and read out all Tenders received by the deadline at the date, time and place specified in the
TDS in the presence of Tenderers' designated representatives and anyone who choose to attend. Any specific
electronic Tender opening procedures required if electronic tendering is permitted in accordance with ITT
23.1 shall be as specified in the TDS.

27.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope with the
corresponding Tender shall not be opened, but returned to the Tenderer. If the withdrawal envelope does not
contain a copy of the “power of attorney” confirming the signature as a person duly authorized to sign on
behalf of the Tenderer, the corresponding Tender will be opened. No Tender withdrawal shall be permitted
unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and is
read out at Tender opening.

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

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

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

27.6 Only Tenders, alternative Tenders and discounts that are opened and read out at Tender opening shall be
considered further. The Form of Tender and the priced Activity Schedule are to be initialed by representatives
of the Procuring Entity attending Tender opening in the manner specified in the TDS.

18
27.7 The Procuring Entity shall neither discuss the merits of any Tender nor reject any Tender (except for late
Tenders, in accordance with ITT25.1).

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

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

E. Evaluation and Comparison of Tenders

28 Confidentiality

28.1 Information relating to the evaluation of Tenders and recommendation of contract award, shall not be
disclosed to Tenderers or any other persons not officially concerned with the Tendering process until
information on the Intention to Award the Contract is transmitted to all Tenderers in accordance with ITT 42.

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

28.3 Notwithstanding ITT 28.2, from the time of Tender opening to the time of Contract Award, if any Tenderer
wishes to contact the Procuring Entity on any matter related to the Tendering process, it should do so in
writing.

29 Clarification of Tenders

29.1 To assist in the examination, evaluation, and comparison of Tenders, and qualification of the Tenderers, the
Procuring Entity may, at the Procuring Entity's discretion, ask any tenderer for clarification of its Tender
including break downs of the prices in the Activity Schedule, and other information that the Procuring Entity
may require. Any clarification submitted by a Tenderer in respect to its Tender and that is not in response to a
request by the Procuring Entity shall not be considered. The Procuring Entity's request for clarification and
the response shall be in writing. No change, including any voluntary increase or decrease, in the prices or
substance of the Tender shall be sought, offered, or permitted, except to confirm the correction of arithmetic
errors discovered by the Procuring Entity in the evaluation of the Tenders, in accordance with ITT32.

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

30 Deviations, Reservations, and Omissions

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

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

31 Determination of Responsiveness

31.1 The Procuring Entity's determination of a Tender's responsiveness is to be based on the contents of the
Tender itself, as defined in ITT 12.

31.2 A substantially responsive Tender is one that meets the requirements of the tendering document without
material deviation, reservation, or omission. A material deviation, reservation, or omission is one that:

19
 a) If accepted, would:
i. affect in any substantial way the scope, quality, or performance of the Non-Consulting Services
specified in the Contract; or
ii. limit in any substantial way, inconsistent with the tendering document, the Procuring Entity's rights
or the Tenderer's obligations under the Contract; or
b) if rectified, would unfairly affect the competitive position of other Tenderers presenting substantially
responsive Tenders.

31.3 The Procuring Entity shall examine the technical aspects of the Tender submitted in accordance with ITT
18and ITT 19, in particular, to confirm that all requirements of Section VII, Procuring Entity's Requirements
have been met without any material deviation or reservation, or omission.

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

31.5 Provided that a Tender is substantially responsive, the Procuring Entity may waive any non-conformity in the
Tender.

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

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

32 Arithmetical Errors

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

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

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

33 Conversion to Single Currency

33.1 For evaluation and comparison purposes, the currency(ies) of the Tender shall be converted into a single
currency as specified in the TDS.

34 Margin of Preference and Reservations

34.1 Margin of preference on local service providers may be allowed if it is deemed that the services require
participation of foreign tenderers. If so allowed, it will be indicated in the TDS.

34.2 Where it is intended to reserve the contract to specific groups under Small and Medium Enterprises, or
enterprise of women, youth and /or persons living with disability, who are appropriately registered as such by
the authority to be specified in the TDS, a procuring entity shall ensure that the invitation to tender
specifically indicates that only businesses/firms belonging to the specified group are eligible to tender as
specified in the TDS. Otherwise, if not so stated, the invitation will be open to all tenderers.
20
35 Evaluation of Tenders

35.1 The Procuring Entity shall use the criteria and methodologies listed in this ITT and Section III, Evaluation
and Qualification Criteria. No other evaluation criteria or methodologies shall be permitted. By applying the
criteria and methodologies, the Procuring Entity shall determine the Best Evaluated Tender. This is the Tender
of the Tenderer that meets the qualification criteria and whose Tender has been determined to be:
a) Substantially responsive to the tendering document; and
b) The lowest evaluated cost.

35.2 In evaluating the Tenders, the Procuring Entity will determine for each Tender the evaluated Tender cost by
adjusting the Tender price as follows:
a) Price adjustment due to discounts offered in accordance with ITT 16.4;
b) price adjustment due to quantifiable non material non-conformities in accordance with ITT 31.3;
c) converting the amount resulting from applying (a) and (b) above, if relevant, to a single currency in
accordance withITT33; and
d) any additional evaluation factors specified in the TDS and Section III, Evaluation and Qualification
Criteria.

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

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

35.5. The methodology to determine the lowest evaluated tenderer or tenderers based one lot (contract) or based on
a combination of lots (contracts), will be specified in Section III, Evaluation and Qualification Criteria. In the
case of multiple lots or contracts, tenderer will be will be required to prepare the Eligibility and Qualification
Criteria Form for each Lot.

36 Comparison of Tenders

36.1 The Procuring Entity shall compare the evaluated costs of all substantially responsive Tenders established in
accordance with ITT 35.2 to determine the Tender that has the lowest evaluated cost.

37 Abnormally Low Tenders and Abnormally High

Tenders Abnormally Low Tenders

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

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

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

Abnormally High Tenders

37.4 An abnormally high price is one where the tender price, in combination with other constituent elements of
the Tender, appears unreasonably too high to the extent that the Procuring Entity is concerned that it (the
Procuring Entity) may not be getting value for money or it may be paying too high a price for the contract
compared with market prices or that genuine competition between Tenderers is compromised.
21
37.5 In case of an abnormally high price, the Procuring Entity shall make a survey of the market prices, check if
the estimated cost of the contract is correct and review the Tender Documents to check if he specifications,
scope of work and conditions of contract are contributory to the abnormally high tenders. The Procuring
Entity may also seek written clarification from the tenderer on the reason for the high tender price. The
Procuring Entity shall proceed as follows:
i) If the tender price is abnormally high based on wrong estimated cost of the contract, the Procuring
Entity may accept or not accept the tender depending on the Procuring Entity's budget considerations.
ii) If specifications, scope of work and/or conditions of contract are contributory to the abnormally high
tender prices, the Procuring Entity shall reject all tenders and may retender for the contract based on
revised estimates, specifications, scope of work and conditions of contract, as the case maybe.

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

38 Unbalanced and/or Front-Loaded Tenders

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

38.2 After the evaluation of the information and detailed price analyses presented by the Tenderer, the Procuring
Entity may as appropriate:
a) Accept the Tender; or
b) require that the total amount of the Performance Security be increased at the expense of the Tenderer to
a level not exceeding 10% of the Contract Price; or
c) agree on a payment mode that eliminates the inherent risk of the Procuring Entity paying too much for
undelivered works; or
d) Reject the Tender.

39 Qualification of the Tenderer

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

39.2 The determination shall be based upon an examination of the documentary evidence of the Tenderer's
qualifications submitted by the Tenderer, pursuant to ITT 18. The determination shall not take into
consideration the qualifications of other firms such as the Tenderer's subsidiaries, parent entities, affiliates,
subcontractors or any other firm(s)different from the Tenderer that submitted the Tender.

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

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

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

F. Award of Contract

43 Award Criteria

43.1 The Procuring Entity shall award the Contract to the successful tenderer whose tender has been determined to
be the Lowest Evaluated Tender.
22
42 Notice of Intention to enter in to a Contract

42.1 Upon award of the contract and Prior to the expiry of the Tender Validity Period the Procuring Entity shall
issue a Notification of Intention to Enter into a Contract/Notification of a ward to all tenderers which shall
contain, at a minimum, the following information:
a) The name and address of the Tenderer submitting the successful tender;
b) The Contract price of the successful tender;
c) a statement of the reason(s) the tender of the unsuccessful tenderer to whom the letter is addressed was
unsuccessful, unless the price information in(c) above already reveals the reason;
d) the expiry date of the Stand still Period; and
e) instructions on how to request a debriefing and/or submit a complaint during the stand still period;

43 Stand still Period

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

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

44 Debriefing by the Procuring Entity

44.1 On receipt of the Procuring Entity's Notification of Intention to Enter into a Contract referred to in ITT 42, an
unsuccessful tenderer may make a written request to the Procuring Entity for a debriefing on specific issues or
concerns regarding their tender. The Procuring Entity shall provide the debriefing with in five days of receipt
of the request.

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

45 Letter of Award

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

46 Signing of Contract

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

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

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

47 Performance Security

47.1 Within twenty-one (21) days of the receipt of the Form of Acceptance from the Procuring Entity, the
successful Tenderer, if required, shall furnish the Performance Security in accordance with the GCC 3.9,
using for that purpose the Performance Security Form included in Section VIII, Contract Forms, or another
Form acceptable to the Procuring Entity. If the Performance Security furnished by the successful Tenderer is
in the form of a bond, it shall be issued by a bonding or insurance company that has been determined by the
successful Tenderer to be acceptable to the Procuring Entity. A foreign institution providing a bond shall have
a correspondent financial institution located in Kenya, unless the Procuring Entity has agreed in writing that a
correspondent financial institution is not required.

47.2 Failure of the successful Tenderer to submit the above-mentioned Performance Security or sign the Contract
23
 shall constitute sufficient grounds for the annulment of the award and forfeiture of the Tender Security. In that
event the Procuring Entity may award the Contract to the Tenderer offering the next Best Evaluated Tender.

48 Publication of Procurement Contract

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

49 Adjudicator

49.1 The Procuring Entity proposes the person named in the TDS to be appointed as adjudicator or under the
Contract, at an hourly fee specified in the TDS, plus reimbursable expenses. If the Tenderer disagrees with
this Tender, the Tenderer should so state in the Tender. If, in the Form of Acceptance, the Procuring Entity has
not agreed on the appointment of the Adjudicator, the Adjudicator shall be appointed by the Appointing
Authority designated in the Special Conditions of Contract at the request of either party.

50 Procurement Related Complaints and Administrative Review

50.1 The procedures for making a Procurement-related Complaint are as specified in the TDS.

A request for administrative review shall be made in the form provided under contract forms

24
SECTION II - TENDER DATA SHEET (TDS)

The following specific data for the Non-Consulting Services to be procured shall complement,
supplement, or amend the provisions in the Instructions to Tenderers (ITT).Whenever there is a conflict,
the provisions here in shall prevail over those in ITT.

ITT PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS

Reference

A. General

ITT 1.1 The reference number of the Request for Tenders (ITT) is: MTRH/RFP/11/2023-2024
The Procuring Entity is: Moi Teaching and Referral Hospital
The name of the ITT is: Provision of Hotel Accommodation and conferencing to Moi
Teaching and Referral Hospital.
The number and identification of lots (contracts) comprising this ITT is: N/A

ITT 2.1(a) Electronic –Procurement System

Electronic Procurement shall not be used for this procurement proceeding

ITT 2.2 The Intended Completion Date is as per contract

Information that any unfair competitive advantage over competing firms is as follow:
ITT 3.3
i. Eligibility/mandatory requirement
ii. Evaluation Criteria
iii. Specification
List of requirements

The firms that provided consulting services N/A

ITT 3.4

ITT 4.1 Maximum number of members in the Joint Venture (JV) shall be: joint ventures shall
not evaluated

B. Contents of Tendering Document

(A) (A pre-arranged pretender site visit shall not take place:
ITT 8.1
(B) Pre-Tender meeting shall not take place:

The questions in writing, to reach the Procuring Entity not later than The questions to
ITT 8.2
reach the Procuring Entity not later that N/A.

The Minutes of the Pre-Tender meeting shall be published on the at the website N/A
ITT 8.4

ITT 9.1 i) The Tenderer will submit any request for clarifications in writing at the Address
[email protected] to reach the Procuring Entity not later than xx
th
February2024

ii) The Procuring Entity shall publish its response at the website www.mtrh.go.ke

25
ITT PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
Reference
The Procuring Entity shall also promptly publish response at the website
www.mtrh.go.ke

C. Preparation of Tenders

ITT 13.1 (i) The Tenderer shall submit the following additional documents in its Tender:
List of requirements

Other documents required are __N/A_____________________________________

ITT 15.1 Alternative Tenders shall not be considered.

ITT 15.2 Alternative times for completion shall not be permitted. If permitted, the range of
acceptable completion time is: N/A.

ITT 15.3 Alternative technical solutions shall be permitted for the following parts of the Services:
N/A:

ITT 16.7 The prices quoted by the Tenderer shall not be subject to adjustment during the
performance of the Contract.

ITT 20.1 The Tender validity period shall be 120 days.

A Tender Security shall not be required.
ITT 21.1

A Tender – Securing Declaration shall not be required

The Contract price shall be adjusted by 0%.
ITT 21.3 (a)
In addition to the original of the Tender, the number of copies is: One (1) copy
ITT 22.1
Note: Original one(1) and one (1) copy of original

ITT 22.3 The written confirmation of authorization to sign on behalf of the Tenderer shall consist
of: Power of attorney document duly signed and witnessed.

D. Submission and Opening of Tenders

For Tender submission purposes only, the procuring Entity’s address is:
ITT 24.1
Attention: Ag. Chief Executive Officer.
Moi Teaching and Referral Hospital
P.O. BOX, 3-30100,
ELDORET.

Moi Teaching and Referral Hospital situated is along Nandi Road in Eldoret,
Tender Box “A” is located at Ground Floor, left wing of Chandaria Cancer and Chronic
Diseases Centre (CCCDC) Building.
Bulky tenders shall be received at Supply Chain Department.

26
ITT PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
Reference
The deadline for submission is 28th March, 2024 at 10:00 am
ITT 24.1 The deadline for Tender submission is:
Date: 28th March, 2024 at
Time: 10:00 am
Tenderers shall not have the option of submitting their Tenders electronically.
The Tender opening shall take place at:
ITT 27.1
Date: 28th March, 2024

Time: 10.00 am
Moi Teaching and Referral Hospital is situated along Nandi Road in Eldoret.
Tenderers shall converge at Ground Floor, left wing of Chandaria Cancer and Chronic
Diseases Centre (CCCDC) Building.

Tenderers shall not have option of submitting their tenders electronically

ITT 27.1 The electronic Tender opening procedures shall be:

ITT 27.6 The Form of Tender and priced Activity Schedule shall be initialed by three (3)
representatives of the Procuring Entity conducting Tender opening.

E. Evaluation and Comparison of Tenders

For Tender sum as submitted and read out during tender opening shall be absolute and final.
ITT 31.7
Arithmetical errors shall not be corrected
The currency that shall be used for Tender evaluation and comparison purposes only to
ITT 33.1
convert at the selling exchange rate all Tender prices expressed in various currencies
into a single currency is: Kenya Shillings

The source of exchange rate shall be: The Central bank of Kenya (mean rate)

The date for the exchange rate shall be: the deadline date for Submission of the
Tender.

Margin of preference allowed or not allowed

ITT 34.1

ITT 34.2 The invitation to tender is extended to the following group that qualify for Reservations
N/A
ITT 35.2 (d) Additional evaluation factors are N/A

ITT 35.4 Tenderers shall be not allowed to quote separate prices for different lots (contracts) and
the methodology to determine the lowest tenderer is specified in Section III, Evaluation
and Qualification Criteria.
F. Award of Contract

ITT 49.1 The Adjudicator proposed by the Procuring Entity is N/A. The hourly fee for this
proposed Adjudicator shall be N/A The biographical data of the proposed Adjudicator is

27
ITT PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
Reference
as follows: N/A.
The procedures for making a Procurement-related Complaint are available from the
ITT 50.1
PPRA website www.ppra.go.ke or email [email protected].

If a Tenderer wishes to make a Procurement-related Complain, the Tenderer should

submit its complaint following these procedures, in writing (by the quickest means
available, that is either by hand delivery or email to:
For the attention: Ag. Chief Executive Officer.
Title/position : Ag. Chief Executive Officer
Procuring Entity: Moi Teaching and Referral Hospital
Email address: [email protected]

In summary, a Procurement-related Complaint may challenge any of the following:

1. The terms of the Tendering Documents; and
The Procuring Entity’s decision to award the contract.

28
SECTION III – EVALUATION AND QUALIFICATION CRITERIA

1. General Provision

1.1 Wherever a Tenderer is required to state a monetary amount, Tenderers should indicate the
Kenya Shilling equivalent using the rate of exchange determined as follows:
a) For construction turnover or financial data required for each year-Exchange rate
prevailing on the last day of the respective calendar year (in which the amounts for that
year are to be converted) was originally established.
b) Value of single contract-Exchange rate prevailing on the date of the contract signature.
c) Exchange rates shall be taken from the publicly available source identified in the ITT.
Any error in determining the exchange rates in the Tender may be corrected by the
Procuring Entity.

1.2 This section contains the criteria that the Employer shall use to evaluate tender and qualify
tenderers. No other factors, methods or criteria shall be used other than specified in this tender
document. The Tenderer shall provide all the information requested in the forms included in
Section IV, Tendering Forms. The Procuring Entity should use the Standard Tender
Evaluation Report for Goods and Works for evaluating Tenders.

1.3 Evaluation and contract award Criteria

The Procuring Entity shall use the criteria and methodologies listed in this Section to evaluate
tenders and arrive at the Lowest Evaluated Tender. The tender that (i) meets the qualification
criteria,(ii)has been determined to be substantially responsive to the Tender Documents,
and(iii) is determined to have the Lowest Evaluated Tender price shall be selected for award of
contract.

2 Preliminary examination for Determination of Responsiveness

The Procuring Entity will start by examining all tenders to ensure they meet in all respects the
eligibility criteria and other mandatory requirements in the ITT, and that the tender is
complete in all aspects in meeting the requirements provided for in the preliminary evaluation
criteria outlined below. The Standard Tender Evaluation Report Document for Goods and
Works for evaluating Tenders provides very clear guide on how to deal with review of these
requirements. Tenders that do not pass the Preliminary Examination will be considered non-
responsive and will not be considered further.

29
 STAGE 1-Preliminary/Eligibility Criteria

Tenderers are required to submit the under listed documents: -

1. A copy of certificate of Registration or Incorporation.

2. A copy of valid Tax Compliance Certificate

3. Copy of valid Single Business Permit.

4. Submission of original and one copy of the tender document shall be required.

5. All pages of the tender documents (including attachments) MUST be sequentially

serialized.

6. Copy of Certificate of Confirmation of Directors (CR12) in case for a limited company or

a copy of National Identity Card for sole proprietor.

7. Letter from the firm giving authority the person signing the tender to represent the firm
(Power of Attorney), without material deviation, reservation, or omission. The document
shall be duly signed and witnessed.
8. Submission of duly filled and signed form of Tender the form must be prepared on a
tenderer letter head. (Refer to Page 35)
9. Submission of duly filled and signed Tenderers Eligibility Confidential Business
Questionnaire. (Refer to Page 36-38)
10. Submission of duly filled and signed Certificate of Independent Tender Determination.
(Refer to Page 48-49)
11. Submission of duly filled and signed Self-declaration forms SD1 and SD2. (Refer to
Page 50-51)
12. Submission of duly filled, signed and stamped Declaration and Commitment to the Code
of Ethics. (Refer to Page 52)
13. Submission of duly filled Tenderers Information Form. (Refer to Page 56)
14. Duly filled specifications and prices activity in the format provided. (Refer to Page 63-
64)

30
3 Tender Evaluation (ITT 35).

Stage 2: Technical Evaluation.

(i)Bidder is required to provide documentary evidence to below required information. Bidders who
shall have pass Technical evaluation will proceed to financial evaluation stage.
The MTRH Board retreat is slated for 22nd -25th May 2024 and will be held at Naivasha;

S/N ITEM DESCRIPTION YES/NO

1 The bidder to submit current Food Hygiene license from Government Agency
certified by Public health or any other hospitality

2 The bidders to provide license for Occupational Health and Safety

3 The bidder to provide company profile/fact sheet Provide printed brochures

and detailed services provided by the hotel.

4 The bidder to provide current star rating from TRA (Tourism Regulatory
Authority)rating must be 3 star and above

5 The bidder to provide recommendations letter from at least three clients

Price evaluation: in addition to the criteria listed in ITT 35.2 (a)–(d) the following criteria

shall apply:
i) Alternative Completion Times, if permitted under ITT 15.2, will be evaluated as follows:
N/A
Alternative Technical Solutions for specified parts of the Works, if permitted under ITT 15.3,
will be evaluated as follows.. N/A

ii) Other Criteria; if permitted under ITT 35.2 (e): ………N/A…………....……………

 Multiple Contracts-N/A

Multiple contracts will be permitted in accordance with ITT 35.4. Tenderers are evaluated on
basis of Lots and the lowest evaluated tenderer identified for each Lot. The Procuring Entity
will select one Option of the two Options listed below for award of Contracts.

OPTION1-N/A
i) If a tenderer wins only one Lot, the tenderer will be awarded a contract for that Lot,
provided the tenderer meets the Eligibility and Qualification Criteria for that Lot.

ii) If a tenderer wins more than one Lot, the tender will be awarded contracts for all won
Lots, provided the tenderer meets the aggregate Eligibility and Qualification Criteria for
all the Lots. The tenderer will be awarded the combination of Lots for which the
tenderer qualifies and the others will be considered for award to second lowest the
31
 tenderers.
OPTION 2-N/A

The Procuring Entity will consider all possible combinations of won Lots [contract(s)] and
determine the
combinationswiththelowestevaluatedprice.TenderswillthenbeawardedtotheTendererorTendere
rsinthe combinations provided the tenderer meets the aggregate Eligibility and Qualification
Criteria for all the won Lots.

 Alternative Tenders (ITT 15.1)-N/A

An alternative if permitted under ITT 13.1, will be evaluated as follows:

The Procuring Entity shall consider Tenders offered for alternatives as specified in Part 2-
Procuring Entity's requirements. Only the technical alternatives, if any, of the Tenderer with
the Best Evaluated Tender conforming to the basic technical requirements shall be considered
by the Procuring Entity.

 MARGIN OF PREFERENCE –N/A

Apply Margin of Preference, if so allowed to all evaluated and accepted tender as follows.

6.1 If the TDS so specifies, the Procuring Entity will grant a margin of preference of fifteen
percent (15%) to be loaded on evaluated prices of foreign tenderers, where the percentage of
shareholding of Kenyan citizens is less than fifty-one percent (51%).

6.2 Contractors applying for such preference shall be asked to provide, as part of the data for
qualification, such information, including details of ownership, as shall be required to
determine whether, according to the classification established by the Procuring Entity, a
particular contractor or group of contractor’s qualifies for a margin of preference.

6.3 After Tenders have been received and reviewed by the Procuring Entity, responsive Tenders
shall be assessed to ascertain their percentage of shareholding of Kenyan citizens. Responsive
tenders shall be classified into the following groups:
i) Group A: tenders offered by Kenyan Contractors and other Tenderers where Kenyan
citizens hold shares of over fifty one percent (51%).
ii) Group B: tenders offered by foreign Contractors and other Tenderers where Kenyan
citizens hold shares of less than fifty one percent (51%).

6.4 All evaluated tenders in each group shall, as a first evaluation step, be compared to determine
the lowest tender, and the lowest evaluated tender in each group shall be further compared
with each other. If, as a result of this comparison, a tender from Group A is the lowest, it shall
be selected for the award. If a tender from Group B is the lowest, an amount equal to the
percentage indicated in Item 3.1 of the respective tender price, including unconditional
discounts and excluding provisional sums and the cost of day works, if any, shall be added to
the evaluated price offered in each ender from Group B. All tenders shall then be compared
using new prices with added prices to Group Band the lowest evaluated tender from Group A.
If the tender from Group A is still the lowest tender, it shall be selected for award. If not, the
lowest evaluated tender from Group B based on the first evaluation price shall be selected.

7 Post qualification and Contract ward (ITT 39), more specifically, Not Applicable
a) In case the tender was subject to post-qualification, the contract shall be awarded to the
lowest evaluated tenderer, subject to confirmation of pre-qualification data, if so
required N/A
b) In case the tender was not subject to post-qualification, the tender that has been
determined responsive shall be considered for contract award, subject to meeting each
of the following conditions.
i) The Tenderer shall demonstrate that it has access to, or has available, liquid assets,
unencumbered real assets, lines of credit, and other financial means (independent of
32
 any contractual advance payment) sufficient to meet the construction cash flow of
Kenya Shillings N/A/-.

ii) Minimum average annual construction turnover of Kenya Shillings N/A/-, equivalent
calculated as total certified payments received for contracts in progress and/or
completed within the last two[2] years.
iii) At least N/A of contract(s) of a similar nature executed within Kenya, or the East
African Community or abroad, that have been satisfactorily and substantially completed
as a prime contractor, or joint venture member or sub-contractor each of minimum value
Kenya shillings N/A/- equivalent.
iv) Contractor's Representative and Key Personnel, which are specified as N/A

v) Contractors key equipment listed on the table “Contractor's Equipment” below and more
specifically listed as N/A
vi) Other conditions depending on their seriousness.

c) History of non-performing contracts:

Tenderer and each member of JV in case the Tenderer is a JV, shall demonstrate
that Non- performance of a contract did not occur because of the default of the
Tenderer, or the member of a JV in the last two years . The required information
shall be furnished in the appropriate form.

d) Pending Litigation

Financial position and prospective long-term profitability of the Single Tenderer,

and in the case the Tenderer is a JV, of each member of the JV, shall remain sound
according to criteria established with respect to Financial Capability under
Paragraph (i) above if all pending litigation will be resolved against the Tenderer.
Tenderer shall provide information on pending litigations in the appropriate form.

e) Litigation History
There shall be no consistent history of court/arbitral award decisions against the Tenderer,
in the last N/A. All parties to the contract shall furnish the information in the appropriate
form about any litigation or arbitration resulting from contracts completed or ongoing under
its execution over the year’s specified. A consistent history of awards against the Tenderer or
any member of a JV may result in rejection of the tender.

33
 SECTION IV - TENDERING FORMS

1. FORM OF TENDER
(Amended and issued pursuant to PPRA CIRCULAR No. 02/2022)

INSTRUCTIONS TO TENDERERS

i) All italicized text is to help the Tenderer in preparing this form.

ii) The Tenderer must prepare this Form of Tender on stationery with its letterhead clearly
showing the Tenderer's complete name and business address. Tenderers are reminded that this
is a mandatory requirement.

iii) Tenderer must complete and sign CERTIFICATE OF INDEPENDENT TENDER

DETERMINATION and the SELF DECLARATION FORMS OF THE TENDERER as listed under (s)
below.

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

Tender Name and Identification:....................[insert

identification] Alternative No.:.............................................[insert identification No if this is a Tender

for an alternative]

To: .................................... [Insert complete name of Procuring Entity]

a) No reservations: We have examined and have no reservations to the tendering document,
including Addenda issued in accordance with ITT9;
b) Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance with
ITT4;
c) Tender-Securing Declaration: We have not been suspended nor declared ineligible by the
Procuring Entity based on execution of a Tender-Securing Declaration or Proposal-Securing
Declaration in Kenya in accordance with ITT21;
d) Conformity: We offer to provide the Non-Consulting Services inconformity with the
tendering document of the following:[insert a brief description of the Non-Consulting
Services];
e) Tender Price: The total price of our Tender, excluding any discounts offered in item(f) below
is: [Insert one of the options below as appropriate]

Option1,in case of one lot: Total price is:[insert the total price of the Tender in words and figures,
indicating the various amounts and the respective currencies];
Or

Option 2, in case of multiple lots:(a)Total price of each lot[insert the total price of each lot in words
and figures, indicating the various amounts and the respective currencies]; and (b) Total price of all
lots (sum of all lots) [insert the total price of all lots in words and figures, indicating the various
amounts and the respective currencies];

f) Discounts: The discounts offered and the methodology for their application are:
i) The discounts offered are: [Specify in detail each discount offered.]
ii) The exact method of calculations to determine the net price after application of discounts
is shown below: [Specify in detail the method that shall be used to apply the discounts];

g) Tender Validity Period: Our Tender shall be valid for the period specified in TDS 19.1 (as
34
 amended if applicable) from the date fixed for the Tender submission deadline (specified in
TDS 23.1(as amended if applicable),and it shall remain binding upon us and may be accepted
at any time before the expiration of that period;

h) Performance Security: If our Tender is accepted, we commit to obtain a Performance

Security in accordance with the tendering document;
i) One Tender Per Tenderer: We are not submitting any other Tender(s) as an individual
Tenderer, and we are not participating in any other Tender(s) a s a Joint Venture member or as
a subcontractor, and meet the requirements of ITT4.3, other than alternative Tenders
submitted in accordance with ITT14;
j) Suspension and Debarment: We, along with any of our subcontractors, suppliers,
consultants, manufacturers,orserviceprovidersforanypartofthecontract,arenotsubjectto,and not
controlled by any entity or individual that is subject to, a temporary suspension or a debarment
imposed by the PPRA. Further, we are not ineligible under Kenya's official regulations or
pursuant to a decision of the United Nations Security Council;
k) State-owned enterprise or institution: [select the appropriate option and delete the other]
[We are not a state-owned enterprise or institution] / [We are a state-owned enterprise or
institution but meet the requirements of ITT 4.6];
l) Commissions, gratuities and fees: We have paid, or will pay the following commissions,
gratuities, or fees with respect to the Tendering process or execution of the Contract: [insert
complete name of each Recipient, its full address, r gratuity].

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

a) [Delete if not appropriate, or amend to suit]We confirm that we understand the

provisions relating to Standstill Period as described in this tendering document and the
Procurement Regulations.

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

n) Not Bound to Accept: We understand that you are not bound to accept the lowest evaluated
cost Tender, the Best Evaluated Tender or any other Tender that you may receive; and

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

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

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

r) We, the Tenderer, have completed fully and signed the following Forms as part of our Tender:

35
 i) Tenderer's Eligibility; Confidential Business Questionnaire–to establish we are not in
any conflict to interest.
ii) Certificate of Independent Tender Determination–to declare that we completed the tender
without colluding with other tenderers.
iii) Self-Declaration of the Tenderer–to declare that we will, if awarded a contract, not
engage in any form of fraud and corruption.

iv) Declaration and commitment to the Code of Ethics for Persons Participating in Public
Procurement and Asset Disposal.

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

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

Tender]

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

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

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

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

36
i) TENDERER'S ELIGIBILITY - CONFIDENTIAL BUSINESS QUESTIONNAIRE

Instruction to Tenderer

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

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

state which stock exchange

General and Specific Details

b) Sole Proprietor, provide the following details.
Name in full Age
Nationality Country of Origin
Citizenship

c) Partnership, provide the following details.

Names of Partners Nationality Citizenship % Shares owned

1
2
3

37
 d) Registered Company, provide the following details.

i) Private or public Company

ii) State the nominal and issued capital of the Company-

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

iii) Give details of Directors as follows.

Names of Director Nationality Citizenship % Shares owned

1
2
3

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

i) Are there any person/persons in…………….........……… (Name of Procuring Entity)

who has/have an interest or relationship in this firm? Yes/No……..........…………………

If yes, provide details as follows.

Names of Person Designation in the Procuring Interest or Relationship with

Entity Tenderer
1
2
3

ii) Conflict of interest disclosure

Type of Conflict Disclosure If YES provide details

YES OR of the relationship with
NO Tenderer
1 Tenderer is directly or indirectly controlled by or is
under common control with another tenderer.
2 Tenderer receives or has received any direct or indirect
subsidy from another tenderer.
3 Tenderer has the same legal representative as another
tenderer
4 Tender has a relationship with another tenderer,
directly or through common third parties that puts it in
a position to influence the tender of another tenderer,
or influence the decisions of the Procuring Entity
regarding this tendering process.
5 Any of the Tenderer’s affiliates participated as a
consultant in the preparation of the design or technical
specifications of the works that are the subject of the
tender.
6 Tenderer would be providing goods, works, non-
consulting services or consulting services during
implementation of the contract specified in this Tender
Document.
7 Tenderer has a close business or family relationship
with a professional staff of the Procuring Entity who
28
 Type of Conflict Disclosure If YES provide details
YES OR of the relationship with
NO Tenderer
are directly or indirectly involved in the preparation
of the Tender document or specifications of the
Contract, and/or the Tender evaluation process of
such contract.
8 Tenderer has a close business or family relationship
with a professional staff of the Procuring Entity who
would be involved in the implementation or
supervision of the Contract.
9 Has the conflict stemming from such relationship
stated in item 7 and 8 above been resolved in a
manner acceptable to the Procuring Entity throughout
the tendering process and execution of the Contract?

f) Certification

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

Full Name

Title or Designation

(Signature) (Date)

29
ii) CERTIFICATE OF INDEPENDENT TENDER DETERMINATION

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

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

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

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

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

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

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

5. The Tenderer discloses that [check one of the following, a s applicable]:

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

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

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

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

Name
Title
Date
30
 [Name, title and signature of authorized agent of Tenderer and
Date]

31
iii) SELF-DECLARATION FORMS

FORM SD1

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

MATTER OF THE PUBLIC PROCUREMENT AND ASSET DISPOSAL ACT 2015

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

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

1. THAT I am the Company Secretary/ Chief Executive/ Managing Director /Principal Officer/Director
of ……..………....……………………………….. (insert name of the Company) who is a Bidder in
respect of Tender No. ………………….. for..............................................................................
(insert tender title/description) for……………………..(insert name of the Procuring entity)
and duly authorized and competent to make this statement.

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

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

…………………………………. ……………………………….………………………
(Title) (Signature) (Date)

Bidder Official Stamp

32
 FORM SD2

SELF DECLARATION THAT THE PERSON/TENDERER WILL NOT ENGAGE IN ANY CORRUPT
OR FRAUDULENT PRACTICE

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

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

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

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

2. THAT the aforesaid Bidder, its servants and/or agents /subcontractors will not engage in any corrupt
or fraudulent practice and has not been requested to pay any inducement to any member of the
Board, Management, Staff and/or employees and/or agents of……………………. (insert name of
the Procuring entity) which is the procuring entity.

3. THAT the aforesaid Bidder, its servants and/or agents /subcontractors have not offered any
inducement to any member of the Board, Management, Staff and/or employees and/or agents
of……………………. (name of the procuring entity)

4. THAT the aforesaid Bidder will not engage /has not engaged in any corrosive practice with other
bidders participating in the subject tender

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

……………………………………………………………………........………...............................
(Title) (Signature) (Date)

Bidder's Official Stamp

33
DECLARATION AND COMMITMENT TO THE CODE OF ETHICS

I, ............................................................................................................................ (person) on behalf of (Name of

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

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

Name of Authorized
signatory.........................................................................................................................................

Sign………….......................................................................…...............................................................................

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

Office address……………………………………………….

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

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

Date………………………………………………………........................................................................................

(Company Seal/ Rubber Stamp where applicable)

Witness

Name……………………………………………………….........................................................................

Sign………………………………………………..................................................................................................

Date…………………………………………………….........................................................................................

34
iv) APPENDIX1-FRAUDANDCORRUPTION

(Appendix 1 shall not be modified)

1. Purpose

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

2. Requirements

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

2.2 Kenya's public procurement and asset disposal act (no. 33 of 2015) under Section 66 describes rules
to be followed and actions to be taken in dealing with Corrupt, Coercive, Obstructive, Collusive or
Fraudulent practices, and Conflicts of Interest in procurement including consequences for offences
committed. A few of the provisions noted be low highlight Kenya's policy of no tolerance for such
practices and behavior:
1) A person to whom this Act applies shall not be involved in any corrupt, coercive, obstructive,
collusive or fraudulent practice; or conflicts of interest in any procurement or asset disposal
proceeding;
2) A person referred to under sub section (1) who contravenes the provisions of that sub-section
commits an offence;
3) Without limiting the generality of the subsection (1) and (2), the person shall be: -
a) disqualified from entering into a contract for a procurement or asset disposal proceeding; or
b) if a contract has already been entered into with the person, the contract shall be voidable;
4) The voiding of a contract by the procuring entity under subsection (7) does not limit any legal
remedy the procuring entity may have;

3. An employee or agent of the procuring entity or a member of the Board or committee of the
procuring entity who has a conflict of interest with respect to a procurement: -
a) Shall not take part in the procurement proceedings;
b) shall not, after a procurement contract has been entered into, take part in any decision relating
to the procurement or contract; and
c) Shall not be a subcontractor for the tender to whom was awarded contract, or a member of the
group of tenders to whom the contract was awarded, but the subcontractor appointed shall
meet all the requirements of this Act.

4. An employee, agent or member described in subsection (1) who refrains from doing anything
prohibited under that subsection, but for that subsection, would have been within his or her duties
shall disclose the conflict of interest to the procuring entity;

4.1 If a person contravenes subsection (1) with respect to a conflict of interest described in subsection
(5) (a) and the contract is awarded to the person or his relative or to another person in whom one of
them had a direct or indirect pecuniary interest, the contract shall be terminated and all costs
35
incurred by the public entity shall be made good by the a warding officer. etc.

In compliance with Kenya's laws, regulations and policies mentioned above, the Procuring Entity:
a) Defines broadly, for the purposes of the above provisions, the terms set forth below as follows:
i) “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of
anything of value to influence improperly the actions of another party;

ii) “fraudulent practice” is any act or omission, including misrepresentation, that knowingly
or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit
or to avoid an obligation;
iii) “collusive practice” is an arrangement between two or more parties designed to achieve
an improper purpose, including to influence improperly the actions of another party;
iv) “coercive practice” is impairing or harming, or threatening to impair or harm, directly or
indirectly, any party or the property of the party to influence improperly the actions of a
party;
v) “obstructive practice” is:
a) deliberately destroying, falsifying, altering, or concealing of evidence material to the
investigation or making false statements to investigators in order to materially impede
investigation by Public Procurement Regulatory Authority (PPRA) or any other
appropriate authority appointed by Government of Kenya into allegations of a
corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or
intimidating any party to prevent it from disclosing its knowledge of matters relevant
to the investigation or from pursuing the investigation; or
b) acts intended to materially impede the exercise of the PPRA's or the appointed
authority's inspection and audit rights provided for under paragraph 2.3e. below.
c) Defines more specifically, in accordance with the above procurement Act provisions
set forth for fraudulent and collusive practices as follows:
"fraudulent practice" includes a misrepresentation of fact in order to influence a
procurement or disposal process or the exercise of a contract to the detriment of the
procuring entity or the tenderer or the contractor, and includes collusive practices
amongst tenderers prior to or after tender submission designed to establish tender
prices at artificial non-competitive levels and to deprive he procuring entity of the
benefits of free and open competition.

c) Rejects a proposal for award1 of a contract if PPRA determines that the firm or
individual recommended for award, any of its personnel, or its agents, or its sub-
consultants, sub- contractors, service providers, suppliers and/ or their employees,
has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or
obstructive practices in competing for the contract in question;
d) Pursuant to the Kenya's above stated Acts and Regulations, may sanction or
recommend to appropriate authority(ies) for sanctioning and debarment of a firm or
individual, as applicable under the Act sand Regulations;
e) Requires that a clause be included in Tender documents and Request for Proposal
documents requiring (i) Tenderers (applicants/proposers), Consultants, Contractors,
and Suppliers, and their Sub-contractors, Sub-consultants, Service providers,
Suppliers, Agents personnel, permit the PPRA or any other appropriate authority
appointed by Government of Kenya to inspect2all accounts, records and other
documents relating to the procurement process, selection and/or contract execution,
and to have them audited by auditors appointed by the PPRA or any other appropriate
authority appointed by Government of Kenya; and
f) Pursuant to Section 62 of the above Act, requires Applicants/Tenderers to submit
along with their Applications/Tenders/Proposals a “Self-Declaration Form” as
included in the procurement document declaring that they and all parties involved in
36
 the procurement process and contract execution have not engaged/will not engage in
any corrupt or fraudulent practices.

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

37
2. TENDERER INFORMATION FORM

[The Tenderer shall fill in this Form in accordance with the instructions indicated below. No alterations to
its format shall be permitted and no substitutions shall be accepted.]
Date:...................................................[insert date (as day, month and year) of Tender submission]
ITT No.:............................................ [insert number of Tendering process]
Alternative No:................................. [insert identification No if this is a Tender for an alternative]

1. Tenderer's Name: ........................................................................................[insert Tenderer's legal name]

2. In case of JV, legal name of each member: ..................................................[insert legal name of each
member in JV]

3. Tenderer's actual or intended country of registration: .....................................[insert actual or

intended country of registration]

4. Tenderer's year of registration: .................................................................[insert Tenderer's year of

registration]

5. Tenderer's Address in country of registration: ..................................................[insert Tenderer's

legal address in country of registration]

6. Tenderer's Authorized Representative Information

Name: .............................................................[insert Authorized Representative's name]

Address............................................................[insert Authorized Representative's Address]
Telephone:........................................................[insert Authorized Representative's telephone/fax numbers]
Email Address:..................................................[insert Authorized Representative's email address]

7. Attached are copies of original documents of............................. [check the box(es) of the attached
original documents]

Articles of Incorporation (or equivalent documents of constitution or association), and/or

documents of registration of the legal entity named above, in accordance with ITT 4.4.

In case of JV, Form of intent to form JV or JV agreement, in accordance with

ITT 4.1. In case of state-owned enterprise or institution, in accordance with ITT4.6

documents establishing:

i) Legal and financial autonomy

ii) Operation under commercial law
iii) Establishing that the Tenderer is not under the supervision of the agency of the Procuring Entity

A current tax clearance certificate or tax exemption certificate in case of Kenyan tenderers issued
by the Kenya Revenue Authority in accordance with ITT 4.14.

8. Included are the organizational chart and a list of Board of Directors.

38
OTHER FORMS

3. TENDERER'S JV MEMBERS INFORMATION FORM

[The Tenderers hall fill in this Form in accordance with the instructions indicated below. The following
table shall be filled in for the Tenderer and for each member of a Joint Venture]].

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

ITT No.: .................................................................... [insert number of Tendering process]

Alternative No.: ..................................................... [insert identification No if this is a Tender for an alternative]

1. Tenderer’s Name: [insert Tenderer’s legal name]

2. Tenderer’s JV Member’s name: [insert JV’s Member legal name]

3. Tenderer’s JV Member’s country of registration: [insert JV’s Member country of

registration]

4. Tenderer’s JV Member’s year of registration: [insert JV’s Member year of

registration]

5. Tenderer’s JV Member’s legal address in country of registration: [insert JV’s Member

legal address in country of registration]

6. Tenderer’s JV Member’s authorized representative information

Name: [insert name of JV’s Member authorized representative]
Address: [insert address of JV’s Member authorized representative]
Telephone/Fax numbers: [insert telephone/fax numbers of JV’s Member authorized
representative]
Email Address: [insert email address of JV’s Member authorized representative]

7. Attached are copies of original documents of [check the box(es) of the attached
original documents]
 Articles of Incorporation (or equivalent documents of constitution or association),
and/or registration documents of the legal entity named above, in accordance with ITT 4.4.
 In case of a state-owned enterprise or institution, documents establishing legal and
financial autonomy, operation in accordance with commercial law, and that they are
not under the supervision of the Procuring Entity, in accordance with ITT 4.6.
8. Included are the organizational chart and a list of Board of Directors.

39
FORM OF TENDER SECURITY-[Option 1–Demand Bank Guarantee]

Beneficiary:
Request forTenders No:

Date:
TENDER GUARANTEE No.:
Guarantor:

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

2. Furthermore, we understand that, according to the Beneficiary's conditions, Tenders must be

supported by a Tender guarantee.

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

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

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

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

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

[signature(s)]

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

40
 FORMAT OF TENDER SECURITY [Option 2–Insurance Guarantee]

TENDER GUARANTEE No.:

1. Whereas ………… [Name of the tenderer] (hereinafter called “the tenderer”) has submitted its tender
dated ……… [Date of submission of tender] for the …………… [Name and/or description of the
tender] (hereinafter called “the Tender”) for the execution of under Request for Tenders No.
(“the ITT”).

2. KNOW ALL PEOPLE by these presents that WE ………………… of ………… [Name of Insurance
Company] having our registered office at …………… (hereinafter called “the Guarantor”), are bound
unto …………….. [Name of Procuring Entity] (hereinafter called “the Procuring Entity”) in the
sum of ………………… (Currency and guarantee amount) for which payment well and truly to be
made to the said Procuring Entity, the Guarantor binds itself, its successors and assigns, jointly and
severally, firmly by these presents.

Sealed with the Common Seal of the said Guarantor this ___day of ______ 20 __.

3. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the

Applicant:

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

b) having been notified of the acceptance of its Tender by the Procuring Entity during the
Tender Validity Period or any extension thereto provided by the Principal; (i) failed to
execute the Contract agreement; or (ii) has failed to furnish the Performance Security, in
accordance with the Instructions to tenderers (“ITT”) of the Procuring Entity's Tendering
document.

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

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

5. Consequently, any demand for payment under this guarantee must be received by us at the
office indicated above on or before that date.
_________________________ ______________________________
[Date ] [Signature of the Guarantor]
_________________________ ______________________________
[Witness] [Seal]

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

41
TENDER-SECURING DECLARATION FORM

[The Bidder shall complete this Form in accordance with the instructions indicated]
Date:..........................................................[insert date(as day, month and year) of Tender
Submission]
Tender No.:..........................................................[insert number of tendering process]
To:..........................................................[insert complete name of

Purchaser] I/We, the undersigned, declare that:

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

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

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

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

Signed:……………………………………………………………………..………............................................

Capacity / title (director or partner or sole proprietor, etc.)

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

Name:

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

.. Duly authorized to sign the bid for and on behalf of: ……………………[insert complete name of

Tenderer] Dated on ………………........................…. day of………………………… [Insert date of

signing]

Seal or stamp

42
QUALIFICATION FORMS

6. FOREIGN TENDERERS 40% RULE

Pursuant to ITT 4.10, a foreign tenderer must complete this form to demonstrate that the tender
fulfils this condition.
Item Description of Work Item Describe location COST in Comments, if
of Source K. shillings any
A Local Labor
1
2
3
4
5
B Sub contracts from Local sources
1
2
3
4
5
C Local materials
1
2
3
4
5
D Use of Local Plant and Equipment
1
2
3
4
5
E Add any other items
1
2
3
4
5
6
TOTAL COST LOCAL CONTENT XXXXX
PERCENTAGE OF CONTRACT PRICE

43
7. FORM EQU: EQUIPMENT

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

Item of equipment

Equipment Name of manufacturer Model and power rating

information
Capacity Year of manufacture

Current Current location

status
Details of current commitments

Source Indicate source of the equipment

 Owned  Rented  Leased  Specially manufactured

Omit the following information for equipment owned by the Tenderer.

Owner Name of owner

Address of owner

Telephone Contact name and title

Fax Telex

Agreements Details of rental / lease / manufacture agreements specific to the project

44
8. FORM PER - 1

Contractor's Representative and Key Personnel Schedule

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

Contractor' Representative and Key Personnel

1. Title of position: Contractor’s Representative

Name of candidate:
Duration of [insert the whole period (start and end dates) for which this
appointment: position will be engaged]
Time [insert the number of days/week/months/ that has been scheduled
commitment: for for this position]
this position:
Expected time [insert the expected time schedule for this position (e.g. attach
schedule for this high level Gantt chart]
position:
2. Title of position: [______________________]
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this
appointment: position will be engaged]
Time [insert the number of days/week/months/ that has been scheduled
commitment: for for this position]
this position:
Expected time [insert the expected time schedule for this position (e.g. attach
schedule for this high level Gantt chart]
position:
3. Title of position: [______________________]
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this
appointment: position will be engaged]
Time [insert the number of days/week/months/ that has been scheduled
commitment: for for this position]
this position:
Expected time [insert the expected time schedule for this position (e.g. attach
schedule for this high level Gantt chart]
position:
4. Title of position: [______________________]
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this
appointment: position will be engaged]
Time [insert the number of days/week/months/ that has been scheduled
commitment: for for this position]
this position:
Expected time [insert the expected time schedule for this position (e.g. attach
schedule for this high level Gantt chart]
position:
5. Title of position: [insert title]
Name of candidate
Duration of [insert the whole period (start and end dates) for which this
appointment: position will be engaged]
45
Time [insert the number of days/week/months/ that has been scheduled
commitment: for for this position]
this position:
Expected time [insert the expected time schedule for this position (e.g. attach
schedule for this high level Gantt chart]
position:

46
 9. FORM PER-2:

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

Name of Tenderer

Position [#1]: [title of position from Form PER-1]

Personnel Name: Date of birth:

information
Address: E-mail:

Professional qualifications:

Academic qualifications:

Language proficiency: [language and levels of speaking, reading and writing

skills]

Details
Address of Procuring Entity:

Telephone: Contact (manager / personnel

officer):
Fax:

Job title: Years with present Procuring Entity:

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

Duration of
Project Role Relevant experience
involvement
[main [role and
[describe the experience relevant to this
project responsibilities on the [time in role]
position]
details] project]

47
DECLARATION

I, the undersigned................................[insert either “Contractor's Representative” or “Key Personnel”

as applicable], certify that to the best of my knowledge and belief, the information contained in this Form
PER-2 correctly describes myself, my qualifications and my experience.

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

Commitment Details
Commitment to [insert period (start and end dates) for which this Contractor’s
duration of contract: Representative or Key Personnel is available to work on this contract]
Time commitment: [insert period (start and end dates) for which this Contractor’s
Representative or Key Personnel is available to work on this contract]

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

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

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

Signature:

Date: (day month year):

Countersignature of authorized representative of the Tenderer:

Signature:

Date: (day month year):

48
TENDERERS QUALIFICATION WITHOUT PRE-QUALIFICATION

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

10 FORM ELI -1.1

Tenderer Information

Form

Date:

ITT No. and title:

Tenderer's name
In case of Joint Venture (JV), name of each member:
Tenderer's actual or intended country of registration:
[indicate country of Constitution]
Tenderer's actual or intended year of incorporation:

Tenderer's legal address [in country of registration]:

Tenderer's authorized representative information

Name: _____________________________________
Address: ___________________________________
Telephone/Fax numbers: _______________________
E-mail address: ______________________________
1. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
documents of registration of the legal entity named above, in accordance with ITT 4.4
 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITT 4.1
 In case of state-owned enterprise or institution, in accordance with ITT 4.6, documents
establishing:
 Legal and financial autonomy
 Operation under commercial law
 Establishing that the Tenderer is not under the supervision of the Procuring Entity
2. Included are the organizational chart and a list of Board of Directors.

49
11. FORM ELI -1.2

Tenderer's JV Information Form

(to be completed for each member of Tenderer's JV)

Date:

ITT No. and title:

Tenderer’s JV name:

JV member’s name:

JV member’s country of registration:

JV member’s year of constitution:

JV member’s legal address in country of constitution:

JV member’s authorized representative information

Name: ____________________________________
Address: __________________________________
Telephone/Fax numbers: _____________________
E-mail address: _____________________________

1. Attached are copies of original documents of

 Articles of Incorporation (or equivalent documents of constitution or association), and/or
registration documents of the legal entity named above, in accordance with ITT 4.4.
 In case of a state-owned enterprise or institution, documents establishing legal and financial
autonomy, operation in accordance with commercial law, and that they are not under the supervision
of the Procuring Entity, in accordance with ITT 4.6.

2. Included are the organizational chart and a list of Board of Directors.

50
12. FORM CON –2

Historical Contract Non-Performance, Pending Litigation and Litigation History

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

Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria
 Contract non-performance did not occur since 1st January [insert year] specified in Section III,
Evaluation and Qualification Criteria, Sub-Factor 2.1.

 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and
Qualification Criteria, requirement 2.1

Year Non- Contract Identification Total Contract

performed Amount (current
portion of value, currency,
contract exchange rate and
Kenya Shilling
equivalent)
[insert year] [insert amount Contract Identification: [indicate complete contract [insert amount]
and percentage] name/ number, and any other identification]
Name of Procuring Entity: [insert full name]
Address of Procuring Entity: [insert street/city/country]
Reason(s) for nonperformance: [indicate main
reason(s)]
Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria
 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.3.
 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3
as indicated below.

Year of Amount in Contract Identification Total Contract

dispute dispute Amount (currency),
(currency) Kenya Shilling
Equivalent (exchange
rate)

51
Year of Amount in Contract Identification Total Contract
dispute dispute Amount (currency),
(currency) Kenya Shilling
Equivalent (exchange
rate)
Contract Identification: _________
Name of Procuring Entity:
____________
Address of Procuring Entity:
__________
Matter in dispute: ______________
Party who initiated the dispute: ____
Status of dispute: ___________
Contract Identification:
Name of Procuring Entity:
Address of Procuring Entity:
Matter in dispute:
Party who initiated the dispute:
Status of dispute:
Litigation History in accordance with Section III, Evaluation and Qualification Criteria
 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria,
Sub-Factor 2.4.
 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.4 as indicated below.
Year of award Outcome as Contract Identification Total Contract
percentage of Amount (currency),
Net Worth Kenya Shilling
Equivalent (exchange
rate)
[insert year] [insert Contract Identification: [indicate [insert amount]
percentage] complete contract name, number,
and any other identification]
Name of Procuring Entity: [insert
full name]
Address of Procuring Entity:
[insert street/city/country]
Matter in dispute: [indicate main
issues in dispute]
Party who initiated the dispute:
[indicate “Procuring Entity” or
“Contractor”]
Reason(s) for Litigation and award
decision [indicate main reason(s)]

52
Financial Situation and Performance

Tenderer's Name:

Date:

JV Member's Name

ITT No. and title:

Financial Data

Type of Financial information Historic information for previous _________years,

in___________________ ______________
(currency) (amount in currency, currency, exchange rate*, USD
equivalent)
Year 1 Year 2 Year 3 Year 4 Year 5

Statement of Financial Position (Information from Balance Sheet)

Total Assets (TA)

Total Liabilities (TL)

Total Equity/Net Worth (NW)

Current Assets (CA)

Current Liabilities (CL)

Working Capital (WC)

Information from Income Statement

Total Revenue (TR)

Profits Before Taxes (PBT)

Cash Flow Information

Cash Flow from Operating Activities

*Refer to ITT 15 for the exchange rate

53
13. FORM FIN – 3.1:

Sources of Finance

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

Source of finance Amount (Kenya Shilling

No.
equivalent)
1

Financial documents

The Tenderer and its parties shall provide copies of financial statements for years pursuant Section
III, Evaluation and Qualifications Criteria, Sub-factor3.1.The financial statements shall:

a) reflect the financial situation of the Tenderer or in case of JV member, and not an affiliated entity
(such as parent company or group member).
b) Be independently audited or certified in accordance with local legislation.
c) Be complete, including all notes to the financial statements.
d) Correspond to accounting periods already completed and audited.

Attached are copies of financial statements1for the years required above ; and complying
with the requirements

2If the most recent set of financial statements is for a period earlier than 12 months from the date of Tender, the
reason for this should be justified.

54
Avrage Annual Construction Turnover

Tenderer's Name:

Date:

JV Member's Name

ITT No. and title:

Annual turnover data (construction only)

Year Amount Exchange rate Kenya Shilling
Currency equivalent
[indicate [insert amount and indicate
year] currency]

Average
Annual
Construction
Turnover *

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

55
15. FORM FIN–3.3:

14. FORM
Financial FIN – 3.2:
Resources

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

Financial Resources
Source of financing Amount (Kenya Shilling
No.
equivalent)
1

56
16. FORMFIN–3.4:

Current Contract Commitments / Works in Progress

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

No. Name of Procuring Value of Outstanding Estimated Average Monthly

Contract Entity’s Work Completio Invoicing Over Last Six
Contact [Current Kenya n Date Months
Address, Tel, Shilling /month [Kenya Shilling
Equivalent] /month)]
1
2
3
4
5

57
17. FORM EXP-4.1

General Construction Experience

Tenderer's Name:
Date:
JV Member's Name
ITT No. and title:
Page of
pages

Starting Ending Contract Identification Role of

Year Tenderer
Year
Contract name: ____________________
Brief Description of the Works performed by the
Tenderer: _____________________________
Amount of contract: ___________________
Name of Procuring Entity: ____________________
Address: _____________________________
Contract name: _________________________
Brief Description of the Works performed by the
Tenderer: _____________________________
Amount of contract: ___________________
Name of Procuring Entity: ___________________
Address: _________________________
Contract name: ________________________
Brief Description of the Works performed by the
Tenderer: __________________________
Amount of contract: ___________________
Name of Procuring Entity: ___________________
Address: _________________________

58
18. FORM EXP -4.2(a)

Specific Construction and Contract Management Experience

Tenderer's Name:

Date:

JV Member's Name

ITT No. and title:

Similar Contract No. Information

Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management Sub-
Contractor  JV Contractor contractor

 

Total Contract Amount Kenya Shilling

If member in a JV or sub-contractor,
specify participation in total
Contract amount
Procuring Entity's Name:
Address:
Telephone/fax number
E-mail:
Description of the similarity in
accordance with Sub-Factor 4.2(a)
of Section III:
1. Amount
2. Physical size of required
works items
3. Complexity
4. Methods/Technology
5. Construction rate for key
activities
6. Other Characteristics

59
19. FORMEXP-4.2(b)

Construction Experience in Key Activities

Tenderer's Name:

Date:

Tenderer's JV Member Name:

Sub-contractor's Name3 (as perITT35):

ITT No. and title:

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

1. Key Activity No One:

Information
Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management Sub-
Contractor JV Contractor contractor
   
Total Contract Amount Kenya Shilling
Quantity (Volume, number or rate of Total quantity in Percentage Actual
production, as applicable) performed the contract participation Quantity
under the contract per year or part of (i) (ii) Performed
the year (i) x (ii)

Year 1
Year 2
Year 3
Year 4
Procuring Entity’s Name:
Address:
Telephone/fax number
E-mail:

3If applicable

60
 Information

Description of the key activities in accord

ance with Sub-Factor 4.2(b) of Section
III:
1
2
3
4
5

2. Activity No.

Two 3.

…………………

61
 SCHEDULE FORMS

[The Tenderer shall fill in these Forms in accordance with the instructions indicated. The list of line items
in column 1 of the Activity Schedules shall coincide with the List of Non-Consulting Services specified in
the Procuring Entity's Requirements.]

62
WORK SCHEDULES AND SPECIFICATIONS

63
NO. ITEM DESCRITION SPECIFICATION UNIT OF ESTIMATE
ISSUE QUANTITY
1. Full day conference No. 60
package for 60 pax i) State-of-the-art conference rooms
(Board Directors & equipped with audiovisual equipment,
Hospital Management including projectors, screens, and
Team) (22nd -24th May). sound systems.
ii) Flexible seating arrangements to
accommodate a large event size.
iii) High-speed internet access and Wi-Fi
connectivity throughout the facility.
iv) Provision of writing materials,
flipcharts for presentations and note-
taking.
v) Availability of spacious outdoor
spaces or recreational facilities for
team-building exercises and group
activities.
vi) Accessible facilities for attendees
with mobility challenges or special
requirements.
vii) Availability of support services and
amenities being;
a. Dedicated event coordination
and technical support staff to
assist with organizing and
coordinating conference logistics,
including room setup, audiovisual
requirements.
b. Complimentary parking facilities
for conference attendees and
guests staying at the hotel.
c. Concierge services
d. Availability of business services
such as printing, copying, and
faxing for conference attendees.

viii) Health and Safety Measures:

a. Implementation of enhanced
cleaning and sanitation protocols
in line with local health
regulations and industry
standards.
b. Compliance with social distancing
guidelines and capacity
restrictions in conference spaces
and common areas. 64
 c. Provision of hand sanitizing
stations and personal protective
equipment (PPE) for conference
attendees and hotel guests.
The Hotel should be ideally situated with easy
accessibility via public transportation and
proximity to the town center

2. Half Board accommodation 1. Accommodation Options: No. 10

for 10 Directors, (Check in a) Executive room accommodations
21st Evening – Check Out featuring modern amenities such as
25th Morning. NB: comfortable bedding, work desks, flat-
Breakfast and Dinner screen TVs, and en-suite bathrooms.
included in the
accommodation package b) Complementary facilities such as parking,
for guests fitness centers, swimming pools, and
business centers.

3. Catering Services a) Apart from the meals already catered for No. 70
under the conference package guests
accommodated, provide One (1)
Banquet Dinner for 70 pax.

b) Meals for 8 support staff who will be

8
accompanying Management for this
important exercise. (Morning &
nd th
Afternoon Teas, Lunch 22 -24 May).

i) Customizable catering menus offering

a variety of options.

ii) Dietary accommodations for special

requests or dietary restrictions of
attendees.

65
Section IV – Tendering Forms
1. The Specifications and Priced Activity Schedules

Date: ______________________, ITT No: _____________________, Alternative No: ___________________________ Page N ______
of ______

1 2 3 4 5 6 7
Service Description of Services Unit Delivery Quantity and Unit price Total Price per
N Date physical unit Service
(Col. 5*6)
1 Full day conference package for 60 pax (Board Directors Pax 60
& Hospital Management Team) (22nd -24th May).

2 Half Board accommodation for 10 Directors, (Check in 21st Pax 10

Evening – Check Out 25th Morning. NB: Breakfast and Dinner
included in the accommodation package for guests

3 Meals for support staff Pax 8

4 Banquet dinner Pax 70
Total Tender Price

Name of Tenderer [insert complete name of Tenderer] Signature of Tenderer [signature of person signing the Tender] Date [insert date]

Name of Tenderer ......................................................[insert complete name of Tenderer] Signature of Tenderer [signature of person signing the Tender] Date
[insert date]
2. Method Statement

[Procuring Entity shall provide main features of the expected method of carrying out the contract,
including indicating the material, personnel and equipment in puts].

61
3. Work Plan

[Procuring Entity shall provide main features of the work plan that the Tenderer should provide in the
tender for carrying out the contract, from beginning to the end].

62
4. Other Time Schedule

(to be used by Tenderer when alternative Time for Completion is invited in ITT14.2)

63
 1. NOTIFICATION OF INTENTION TO AWARD

[This Notification of Intention to Award shall be sent to each Tenderer that submitted a Tender.]

[Send this Notification to the Tenderer's Authorized Representative named in the Tenderer

Information Form] For the attention of Tenderer's Authorized Representative

Name: .............................................................[insert Authorized Representative's name]

Address: .........................................................[insert Authorized Representative's Address]
Telephone numbers: ........................................[insert Authorized Representative's telephone/fax numbers]
Email Address:............................................... [insert Authorized Representative's email address]

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

DATE OF TRANSMISSION:..................................... This Notification is sent by: [email/fax] on [date]

(local time)

Procuring Entity: .......................................[insert the name of the Procuring Entity]

Contract title:............................................. [insert the name of the contract]

ITT No: .......................................................[insert ITT reference number from Procurement Plan]

This Notification of Intention to Award (Notification) notifies you of our decision to award the above
contract. The transmission of this Notification begins the Standstill Period. During the Standstill Period
you may:
a) Request a debriefing in relation to the evaluation of your Tender, and/or
b) Submit a Procurement-related Complaint in relation to the decision to award the contract.

I). The successful Tenderer

Name: [insert name of successful Tenderer]

Address: [insert address of the successful Tenderer]

Contract price: [insert contract price of the successful Tender]

ii). Other Tenderers [INSTRUCTIONS: insert names of all Tenderers that submitted a Tender. If the
Tender's price was evaluated include the evaluated price as well as the Tender price as read out.]

Name of Tenderer Tender price Evaluated Tender price (if applicable)

[insert name] [insert Tender price] [insert evaluated price]

[insert name] [insert Tender price] [insert evaluated price]

[insert name] [insert Tender price] [insert evaluated price]

64
Name of Tenderer Tender price Evaluated Tender price (if applicable)
[insert name] [insert Tender price] [insert evaluated price]

[insert name] [insert Tender price] [insert evaluated price]

65
iii). How to request a debriefing

DEADLINE: The deadline to request a debriefing expires at midnight on [insert date] (local time).

You may request a debriefing in relation to the results of the evaluation of your Tender. If you decide to
request a debriefing your written request must be made within three (3)Business Days of receipt of this
Notification of Intention to Award.

Provide the contract name, reference number, name of the Tenderer, contact details; and address the
request for debriefing as follows:

Attention: ...................................................[insert full name of person, if applicable]

Title/position: .............................................[insert title/position]
Agency: .......................................................[insert name of Procuring Entity]
Email address:............................................ [insert email address]

If your request for a debriefing is received within the3Business Days deadline, we will provide the
debriefing within five (5) Business Days of receipt of your request. If we are unable to provide the
debriefing within this period, the Standstill Period shall be extended by five (5) Business Days after the
date that the debriefing is provided. If this happens, we will notify you and confirm the date that the
extended Standstill Period will end.

The debriefing may be in writing, by phone, video conference call or in person. We shall promptly advise
you in writing how the debriefing will take place and confirm the date and time.

If the deadline to request a debriefing has expired, you may still request a debriefing. In this case, we will
provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from
the date of publication of the Contract Award Notice.

iv. How to make a complaint

Period: Procurement-related Complaint challenging the decision to award shall be submitted by

[insert date and time].

Provide the contract name, reference number, name of the Tenderer, contact details; and address the
Procurement- related Complaint as follows:

Attention:....................................[insert full name of person, if applicable]

Title/position:.................................... [insert title/position]
Agency: ....................................[insert name of Procuring Entity]
Email address:.................................... [insert email address]

At this point in the procurement process, you may submit a Procurement-related Complaint challenging
the decision to award the contract. You do not need to have requested, or received, a debriefing before
making this complaint. Your complaint must be submitted within the Stand still Period and received by us
before the Stand still Period ends.
In summary, there are four essential requirements:

1. You must be an 'interested party'. In this case, that means a Tenderer who submitted a Tender in this
tendering process, and is the recipient of a Notification of Intention to Award.
2. The complaint can only challenge the decision to award the contract.
3. You must submit the complaint within the period stated above.
4. You must include, in your complaint, all of the information required to support the complaint.
5. The application must be accompanied by the fees set out in the Procurement Regulations, which shall not
be
66
 refundable (information available from the Public Procurement Authority at [email protected] or
[email protected]

5675
v). Standstill Period

DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local time).
The Standstill Period lasts ten (10) Business Days after the date of transmission of this Notification of
Intention to Award.

The Standstill Period may be extended as stated in Section 4

above. If you have any questions regarding this Notification please do not
hesitate to contact us.

On behalf of the Procuring Entity:

Signature:
Name:
Title/position:

Telephone:
Email:

66
 2. REQUEST FOR REVIEW

FORM FOR REVIEW (r.203(1))

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….. for
.........(Tender description).
REQUEST FOR REVIEW
I/We……………………………,the above named Applicant(s), of address: Physical address…………….P.
O. Box No…………. Tel. No……..Email ……………, hereby request the Public Procurement
Administrative Review Board to review the whole/part of the above mentioned decision on the following
grounds , namely:
1.
2.
By this memorandum, the Applicant requests the Board for an order/orders that:
1.
2.
SIGNED ……………….(Applicant) Dated on…………….day of ……………/…20……
___________________________________________________________________________
FOR OFFICIAL USE ONLY Lodged with the Secretary Public Procurement Administrative Review Board
on…………day of ………....20….………
SIGNED
Board Secretary

5675
3. LETTER OF AWARD

[Form head paper of the Procuring Entity]

.......................................................................[date]

To:...................................................................[name and address of the Service Provider]

This is to notify you that your Tender

dated[date]forexecutionofthe[nameoftheContractandidentificationnumber, as given in the Special
Conditions of Contract] for the Contract Price of the equivalent of [amount in numbers and words]
[name of currency], as corrected and modified in accordance with the Instructions to Tenderers is hereby
accepted by us (Procuring Entity).

You are requested to furnish the Performance Security within 28days in accordance with the Conditions
of Contract, using, for that purpose, one of the Performance Security Forms included in Section VIII,
Contract Forms, of the tender document.

Please return the attached Contract dully signed

AuthorizedSignature:............................................................................

..........

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

Name of Agency:..............................................................................................

Attachment: Contract

66
4. FORM OF CONTRACT

[Form head paper of the Procuring

Entity] LUMP SUM

REMUNERATION

This CONTRACT(herein after called the “Contract”) is made the [day] day of the month
of[month],[year], between, on the one hand,[name of Procuring Entity](herein after called the “Procuring
Entity”) and, on the other hand, [name of Service Provider](hereinafter called the“ Service Provider”).

[Note: In the text below text in brackets is optional; all notes should be deleted in final text. If the Service
Provider consist of more than one entity, the above should be partially amended to read as
follows:“…(herein after called the “Procuring Entity”) and, on the other hand, a joint venture consisting
of the following entities, each of which will be jointly and severally liable to the Procuring Entity for all
the Service Provider's obligations under this Contract, namely, [name of Service Provider]and[name of
Service Provider](herein after called the “Service Provider”).]

WHEREAS
a) The Procuring Entity has requested the Service Provider to provide certain Services as defined in
the General Conditions of Contract attached to this Contract (herein after called the “Services”);
b) the Service Provider, having represented to the Procuring Entity that they have the required
professional skills, and personnel and technical resources, have agreed to provide the Services on
the terms and conditions set forth in this Contract at a contract price of……………………;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents shall be deemed to form and be read and construed as part of this
Agreement, and the priority of the documents shall be as follows:
a) The Form of Acceptance;
b) The Service Provider's Tender
c) The Special Conditions of Contract;
d) The General Conditions of Contract;
e) The Specifications;
f) The Priced Activity Schedule; and
g) The following Appendices: [Note: If any of these Appendices are not used, the words “Not
Used” should be inserted below next to the title of the Appendix and on the sheet attached
hereto carrying the title of that Appendix.]

Appendix A: Description of the

Services Appendix B: Schedule of
Payments Appendix C:
Subcontractors Appendix D:
Breakdown of Contract Price
Appendix E: Services and Facilities Provided by the Procuring Entity

2. The mutual rights and obligations of the Procuring Entity and the Service Provider shall be as set
forth in the Contract, in particular:
a) The Service Provider shall carry out the Services in accordance with the provisions of the Contract;
and
b) The Procuring Entity shall make payments to the Service Provider in accordance with the
provisions of the Contract.

71
INWITNESSWHERE OF, the Parties here to have caused this Contract to be signed in their
respective names as of the day and year first above written.

For and on behalf of [name of Procuring Entity]

[Authorized Representative]
For and on behalf of [name of Service Provider]
[Authorized Representative]

[Note :If the Service Provider consists of more than one entity, all these entities should appear as
signatories, e.g., in the following manner:]

For and on behalf of each of the Members of the Service Provider

..............................................................................[name of member]

..............................................................................[Authorized Representative]

.............................................................................. [name of member]

..............................................................................[Authorized Representative]

72
4. FORM OF TENDER SECURITY (Bank Guarantee) [The bank shall fill in

this Bank Guarantee Form in accordance with the instructions indicated.]

[Guarantor Form head or SWIFT identifier code]

Beneficiary:....................................[Procuring Entity to insert its name and address]

ITT No.:...........................................[Procuring Entity to insert reference number for the Request for
Tenders]
Alternative No.: ................................[Insert identification No if this is a Tender for an
alternative] Date: .................................................[Insert date of issue]

TENDER GUARANTEE No.:.........................................................[Insert guarantee reference number]

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

We have been informed that [insert name of the Tenderer, which in the case of a joint venture shall be
the name of the joint venture (whether legally constituted or prospective) or the names of all members
there of](hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Tender
(hereinafter called "the Tender") for the execution of under Request for Tenders No.
(“The ITT”).

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

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

(a) Has withdrawn its Tender during the period of Tender validity set forth in the Applicant's Form of
Tender (“the Tender Validity Period”), or any extension there to provide by the Applicant; or
(b) Having been notified of the acceptance of its Tender by the Beneficiary during the Tender Validity
Period or any extension thereto provided by the Applicant, (i) has failed to sign the contract
agreement, or (ii) has failed to furnish the performance security, in accordance with the Instructions
to Tenderers (“ITT”) of the Beneficiary's tendering document.

This guarantee will expire: (a) if the Applicant is the successful Tenderer, upon our receipt of copies of
the Contract agreementsignedbytheApplicantandtheperformancesecurityissuedtothe Beneficiary in
relation to such Contract agreement; or (b) if the Applicant is not the successful Tenderer, upon the earlier
of (i) our receipt of a copy of the Beneficiary's notification to the Applicant of the results of the Tendering
process; or (ii) twenty-eight days after the

end of the Tender Validity Period.

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

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC
Publication No. 758.

[Signature(s)]

Note: All italicized text is for use in preparing this form and shall be deleted from the final product.
73
5. FORM OF TENDER SECURITY (TENDER BOND) [The Surety shall

fill in this Tender Bond Form in accordance with the instructions indicated.]

BOND NO.

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

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

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal:
c) haswithdrawnitsTenderduringtheperiodofTendervaliditysetforthinthePrincipal'sFormofTender(“the
TenderValidityPeriod”),oranyextensiontheretoprovidedbythePrincipal;or
d) having been notified of the acceptance of its Tender by the Procuring Entity during the Tender
Validity Period or any extension there to provide by the Principal; (i) failed to execute the Contract
agreement; or (ii) has failed to furnish the Performance Security, in accordance with the
Instructions to Tenderers (“ITT”) of the Procuring Entity's tendering document.

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

The Surety hereby agrees that its obligation will remain in full force and effect up to and including the
date 28 days after the date of expiration of the Tender Validity Period set forth in the Principal's Form of
Tender or any extension thereto provided by the Principal.

IN TESTIMONY WHERE OF, the Principal and the Surety have caused these presents to be executed in
the irrespective names this day of 20 .

Principal: Surety:
Corporate Seal (where
appropriate)

(Signature) (Signature)

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

74
6. FORM OF TENDER-SECURING DECLARATION

[The Tenderer shall fill in this Form in accordance with the instructions indicated.]

Date:........................................[date (as day, month and year)]

ITT No.: ..............................................[number of Tendering process]
Alternative No:......................................... [insert identification No if this is a Tender for an alternative]

To:....................................................... [complete name of Procuring Entity] We, the undersigned,

declare that: We understand that, according to your conditions, Tenders must be supported by a

Tender-Securing Declaration.
We accept that we will automatically be suspended from being eligible for Tendering or submitting
proposals in any contract with the Procuring Entity for the period of time of [number of months or
years]starting on [date],if we are in breach four obligation(s) under the Tender conditions, because we:
a) Have withdrawn our Tender during the period of Tender validity specified in the Form of Tender; or
b) having been notified of the acceptance of our Tender by the Procuring Entity during the period of
Tender validity, (i) fail to sign the Contract agreement; or (ii) fail or refuse to furnish the
Performance Security, if required, in accordance with the ITT.

We understand this Tender Securing Declaration shall expire if we are not the successful Tenderer, upon
the earlier of (i) our receipt of your notification to us of the name of the successful Tenderer; or (ii)
twenty-eight days after the expiration of our Tender.

Name of the Tenderer*

Name of the person duly authorized to sign the Tender on behalf of the Tenderer**

Title of the person signing the Tender

Signature of the person named above

Date signed day of ,

*: In the case of the Tender submitted by joint venture specify the name of the Joint Venture as Tenderer

**: Person signing the Tender shall have the power of attorney given by the Tenderer attached to the Tender

[Note: In case of a Joint Venture, the Tender-Securing Declaration must be in the name of all members to
the Joint Venture that submits the Tender.

75
PART II – PROCURING ENTITY'S REQUIREMENTS

76
SECTION V - ACTIVITY SCHEDULE

Objectives

The objectives of the Activity Schedule are

a) to provide sufficient information on the quantities of Services 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 Activity Schedule for use in the
periodic valuation of Services executed.

In order to attain these objectives, Services should be itemized in the Activity Schedule in sufficient detail
to distinguish between the different classes of Services, or between Services 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 Activity Schedule should be as simple
and brief as possible.

Day work Schedule

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

Provisional Sums

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

These Notes for Preparing an Activity Schedule are intended only as information for the Procuring Entity
or the person drafting the tendering document. They should not be included in the final documents.

77
PERFORMANCE SPECIFICATIONS AND DRAWINGS

(Describe Outputs and Performances, rather than Inputs, wherever

possible) Notes on Specifications

A set of precise and clear specifications is a prerequisite for Tenderers to respond realistically and
competitively to the requirements of the Procuring Entity without qualifying or conditioning their
Tenders. In the context of international competitive Tendering, the specifications must be drafted to
permit the widest possible competition and, at the same time, present a clear statement of the required
standards of workmanship, materials, and performance of the goods and services to be procured. Only if
this is done will the objectives of economy, efficiency, and fairness in procurement be realized,
responsiveness of Tenders be ensured, and the subsequent task of Tender evaluation facilitated. The
specifications should require that all goods and materials to be incorporated in the Services be new,
unused, of the most recent or current models, and in corporate all recent improvements in design and
materials unless provided otherwise in the Contract.

Samples of specifications from previous similar projects in the same country are useful in this respect.
The use of metric units is encouraged. Most specifications are normally written specially by the Procuring
Entity to suit the Contract in hand. There is no standard set of Specifications for universal application in
all sectors in all countries, but there are established principles and practices, which are reflected in this
document

There are considerable advantages in standardizing General Specifications for repetitive Services in
recognized public sectors, such as education, health, sanitation, social and urban housing, roads, ports,
railways, irrigation, and water supply, in the same country or region where similar conditions prevail. The
General Specifications should cover all classes of workmanship, materials, and equipment commonly
involved in the provision of Services, although not necessarily to be used in a particular Services
Contract. Deletions or addenda should then adapt the General Specifications to the particular Services.

Care must be taken in drafting specifications to ensure that they are not restrictive. In the specification of
standards for goods, materials, Services, and workmanship, recognized international standards should be
used as much as possible. Where other particular standards are used, whether national standards of Kenya
or other standards, the specifications should state that goods, materials, Services and workmanship that
meet other authoritative standards, and which ensure substantially equal or higher quality than the
standards mentioned, will also be acceptable.

If technical alternatives for parts of the Services are permitted in the tendering document, these parts
shall be described in this Section.

These Notes for Preparing Specifications are intended only as information for the Procuring Entity or the
person drafting the tendering document.

78
 PART III – CONDITIONS OF CONTRACT AND CONTRACT FORMS

79
SECTION VI - GENERAL CONDITIONS OF CONTRACT

A. General

Provisions Definitions

Unless the context otherwise requires, the following terms whenever used in this Contract have the
following meanings:

a) The Adjudicator is the person appointed jointly by the Procuring Entity and the Service
Provider to resolve disputes in the first instance, as provided for in Sub-Clause8.2 hereunder.
b) “Activity Schedule” is the priced and completed list of items of Services to be performed by the
Service Provider forming part of his Tender;
c) “Completion Date” means the date of completion of the Services by the Service Provider as
certified by the Procuring Entity
d) “Contract” means the Contract signed by the Parties, to which these General Conditions of
Contract (GCC) are attached, together with all the documents listed in Clause 1 of such signed
Contract;
e) “Contract Price” means the price to be paid for the performance of the Services, in accordance
with Clause 6;
f) “Day works” means varied work inputs subject to payment on a time basis for the Service
Provider's employees and equipment, in addition to payments for associated materials and
administration.
g) “Procuring Entity” means the Procuring Entity or party who employs the Service Provider
h) “Foreign Currency” means any currency other than the currency of Kenya;
i) “GCC” means these General Conditions of Contract;
j) “Government ”means the Government of Kenya;
k) “Local Currency ”means Kenya shilling;
l) “Member,” in case the Service Provider consist of a joint venture of more than one entity,
means any of these entities; “Members” means all these entities, and “Member in Charge”
means the entity specified in the SC to act on their behalf in exercising all the Service Provider'
rights and obligations towards the Procuring Entity under this Contract;
m) “Party” means the Procuring Entity or the Service Provider, as the case maybe, and “Parties”
means both of them;
n) “Personnel” means persons hired by the Service Provider or by any Subcontractor as employees
and assigned to the performance of the Services or any part there of;
o) “Service Provider” is a person or corporate body whose Tender to provide the Services has
been accepted by the Procuring Entity;
p) “Service Provider's Tender” means the completed Tendering Document submitted by the
Service Provider to the Procuring Entity
q) “SCC” means the Special Conditions of Contract by which the GCC may be amended or
supplemented;
r) “Specifications” means the specifications of the service included in the Tendering Document
submitted by the Service Provider to the Procuring Entity
s) “Services” means the work to be performed by the Service Provider pursuant to this Contract,
as described in Appendix A; and in the Specifications and Schedule of Activities included in
the Service Provider's Tender.
t) “Subcontractor” means any entity to which the Service Provider subcontracts any part of the
Services in accordance with the provisions of Sub-Clauses3.5and4;
80
 u) “Public Procurement Regulatory Authority (PPRA)” shall mean the Government Agency
responsible for oversight of public procurement.
v) “Project Manager” shall the person appointed by the Procuring Entity to act as the Project
Manager for the purposes of the Contract and named in the Particular Conditions of Contract,
or other person appointed from time to time by the Procuring Entity and notified to the
Contractor.
w) “Notice of Dissatisfaction” means the notice given by either Party to the other indicating its
dissatisfaction and intention to commence arbitration.

1.2 Applicable Law

The Contract shall be interpreted in accordance with the laws of Kenya.

1.3 Language

This Contract has been executed in the English language, which shall be the binding and controlling
language for all matters relating to the meaning or interpretation of this Contract.

1.4 Notices

Any notice, request, or consent made pursuant to this Contract shall be in writing and shall be
deemed to have been made when delivered in person to an authorized representative of the Party to
whom the communication is addressed, or when sent by registered mail, hand delivery, or email to
such Party at the address specified in the SCC.

1.5 Location

The Services shall be performed at such locations as a respecified in Appendix A, in the

specifications and, where the location of a particular task is not so specified, at such locations,
whether in Kenya or elsewhere, as the Procuring Entity may approve.

1.6 Authorized Representatives

Any action required or permitted to be taken, and any document required or permitted to be
executed, under this Contract by the Procuring Entity or the Service Provider may be taken or
executed by the officials specified in the SCC.

1.7 Inspection and Audit by the PPRA

Pursuant to paragraph 2.2 e. of Attachment 1 to the General Conditions, the Service Provider shall
permit and shall cause its sub contract or sand sub-consultants to permit, PPRA and/or persons
appointed by PPRA to inspect the Site and/or the accounts and records relating to the procurement
process, selection and/or contract execution, and to have such accounts and records audited by
auditors appointed by PPRA. The Service Provider's and its Subcontractors' and sub-consultants'
attention is drawn to Sub-Clause 3.10 which provides, inter alia, that acts intended to materially
impede the exercise of PPRA's inspection and audit rights constitute a prohibited practice subject to
contract termination (as well as to a determination of ineligibility pursuant to PPRA's prevailing
sanctions procedures).

1.8 Taxes and Duties

The Service Provider, Subcontractors, and their Personnel shall pay such taxes, duties, fees, and
other impositions as may be levied under the Applicable Law, the amount of which is deemed to
have been included in the Contract Price.

2. Commencement, Completion, Modification, and Termination of Contract

2.1 Effectiveness of Contract

81
 This Contract shall come into effect on the date the Contract is signed by both parties or such other
later date as maybe stated in the SCC.

2.2 Commencement of Services

2.2.1 Program

Before commencement of the Services, the Service Provider shall submit to the Procuring Entity for
approval a Program showing the general methods, arrangements order and timing for all activities.
The Services shall be carried out in accordance with the approved Program as updated.
2.2.2 Starting Date

The Service Provider shall start carrying out the Services thirty (30) days after the date the Contract
becomes effective, or at such other date as may be specified in the SCC.

2.3 Intended Completion Date

Unless terminated earlier pursuant to Sub-Clause 2.6, the Service Provider shall complete the
activities by the Intended Completion Date, as is specified in the SCC. If the Service Provider
does not complete the activities by the Intended Completion Date, it shall be liable to pay liquidated
damage as per Sub-Clause3.8.Inthiscase,the Completion Date will be the date of completion of all
activities.

2.4 Modification

Modification of the terms and conditions of this Contract, including any modification of the scope of
the Services or of the Contract Price, may only be made by written agreement between the Parties.

2.4.1 Value Engineering

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

The Procuring Entity may accept the value engineering proposal if the proposal demonstrates benefits
that:
a) accelerates the delivery period; or
b) reduces the Contract Price or the lifecycle costs to the Procuring Entity; or
c) improves the quality, efficiency, safety or sustainability of the services; or
d) yields any other benefits to the Procuring Entity, without compromising the necessary functions
of the Facilities.

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

2.5 Force Majeure

2.5.1 Definition

For the purposes of this

Contract,“ForceMajeure”meansaneventwhichisbeyondthereasonablecontrolofa Party and which
makes a Party's performance of its obligations under the Contract impossible or so impractical as to
be considered impossible under the circumstances.

2.5.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations under the contract shall not be considered to be
a breach of, or default under, this Contract insofar as such inability arises from an event of Force
Majeure, provided that the Party affected by such an event (a) has taken all reasonable precautions,
due care and reasonable alternative measures in order to carry out the terms and conditions of this
Contract, and(b) has informed the other Party as soon as possible about the occurrence of such an
event.
2.5.3 Extension of Time

Any period with in which a Party shall, pursuant to this Contract, complete any action or task, shall
be extended for a period equal to the time during which such Party was unable to perform such
action as a result of Force Majeure.

2.5.4 Payments

During the period of their inability to perform the Services as a result of an event of Force Majeure,
the Service Provider shall be entitled to continue to be paid under the terms of this Contract, as well
as to be reimbursed for additional costs reasonably and necessarily incurred by them during such
period for the purposes of the Services and in reactivating the Service after the end of such period.

2.6 Termination

2.6.1 By the Procuring Entity

The Procuring Entity may terminate this Contract, by not less than thirty(30) days' written notice of
termination to the Service Provider, to be given after the occurrence of any of the events specified in
paragraphs(a)through
(d) of this Sub-Clause 2.6.1:
a) If the Service Provider does not remedy a failure in the performance of its obligations under the
Contract, within thirty (30) days after being notified or within any further period as the
Procuring Entity may have subsequently approved in writing;
b) if the Service Provider become insolvent or bankrupt;
c) if, as the result of Force Majeure, the Service Provider is unable to perform a material portion
of the Services for a period of not less than sixty (60) days; or
d) if the Service Provider, in the judgment of the Procuring Entity has engaged in Fraud and
Corruption, as defined in paragraph2.2a. of Attachment1 to the GCC, in competing for or in
executing the Contract

2.6.2 By the Service Provider

The Service Provider may terminate this Contract, by not less than thirty (30) days' written notice to
the Procuring Entity, such notice to be given after the occurrence of any of the events specified in
paragraphs (a) and
(b) of this Sub-Clause 2.6.2:
83
 a) If the Procuring Entity fails to pay any monies due to the Service Provider pursuant to this
Contract and not subject to dispute pursuant to Clause 7 within forty-five (45) days after
receiving written notice from the Service Provider that such payment is overdue; or
b) if, as the result of Force Majeure, the Service Provider is unable to perform a material portion
of the Services for a period of not less than sixty (60) days.

2.6.3 Payment up on Termination

Upon termination of this Contract pursuant to Sub-Clauses 2.6.1 or 2.6.2, the Procuring Entity shall
make the following payments to the Service Provider:
a) remuneration pursuant to Clause 6 for Services satisfactorily performed prior to the effective
date of termination;
b) except in the case of termination pursuant to paragraphs (a), (b), (d) of Sub-Clause 2.6.1,
reimbursement of any reasonable cost incident to the prompt and orderly termination of the
Contract, including the cost of the return travel of the Personnel.

3 Obligations of the Service Provider

3.1 General

The Service Provider shall perform the Services in accordance with the Specifications and the
Activity Schedule, and carry out its obligations with all due diligence, efficiency, and economy, in
accordance with generally accepted professional techniques and practices, and shall observe sound
management practices, and employ appropriate advanced technology and safe methods. The Service
Provider shall always act, in respect of any matter relating to this Contractor to the Services, as
faithful adviser to the Procuring Entity, and shall at all times support and safeguard the Procuring
Entity's legitimate interests in any dealings with Subcontractors or third parties.

3.2 Conflict of Interests

3.2.1 Service Provider Not to Benefit from Commissions and Discounts.

The remuneration of the Service Provider pursuant to Clause 6 shall constitute the Service
Provider's sole
remunerationinconnectionwiththisContractortheServices,andtheServiceProvidershallnotacceptforthe
ir own benefit any trade commission, discount, or similar payment in connection with activities
pursuant to this Contractor to the Services or in the discharge of their obligations under the
Contract, and the Service Provider shall use their best efforts to ensure that the Personnel, any
Subcontractors, and agents of either of them similarly shall not receive any such additional
remuneration.

3.2.2 Service Provider and Affiliates Not to be Otherwise Interested in Project

The Service Provider agree that, during the term of this Contract and after its termination, the
Service Provider and its affiliates, as well as any Subcontractor and any of its affiliates, shall bed is
qualified from providing goods, works, or Services(other than the Services and any continuation
thereof) for any project resulting from or closely related to the Services.

3.2.3 Prohibition of Conflicting Activities

Neither the Service Provider nor its Subcontractors nor the Personnel shall engage, either directly or
indirectly, in any of the following activities:
a) During the term of this Contract, any business or professional activities in Kenya which would
conflict with the activities assigned to them under this Contract;
b) during the term of this Contract, neither the Service Provider nor their Subcontractors shall hire
public employees’ inactive duty or on any type of leave, to perform any activity under this
Contract;
84
 c) After the termination of this Contract, such other activities as may be specified in the SCC.

3.3 Confidentiality

The Service Provider, its Subcontractors, and the Personnel of either of them shall not, either during
the term or within two (2) years after the expiration of this Contract, disclose any proprietary or
confidential information relating to the Project, the Services, this Contract, or the Procuring Entity's
business or operations without the prior written consent of the Procuring Entity.

3.4 The Service Provider (a) shall take out and maintain, and shall cause any Subcontractors to take
out and maintain, at its (or the Sub contractors', as the case may be)own cost but on terms and
conditions approved by the Procuring Entity, insurance against the risks, and for the coverage, as
shall be specified in the SCC; and (b) at the Procuring Entity's request, shall provide evidence to the
Procuring Entity showing that such insurance has been taken out and maintained and that the current
premiums have been paid.

3.5 Service Provider's Actions Requiring Procuring Entity's Prior Approval

The Service Provider shall obtain the Procuring Entity's prior approval in writing before taking any
of the following actions:
a) Entering into a subcontract for the performance of any part of the Services,
b) appointing such members of the Personnel not listed by name in Appendix C (“Key Personnel
and Subcontractors”),
c) changing the Program of activities; and
d) Any other action that may be specified in the SCC.
3.6 Reporting Obligations

The Service Provider shall submit to the Procuring Entity the reports and documents specified in
Appendix B in the form, in the numbers, and within the periods set forth in the said Appendix.

3.7 Documents Prepared by the Service Provider to Be the Property of the Procuring Entity

All plans, drawings, specifications, designs, reports, and other documents and software submitted by
the Service Provider in accordance with Sub-Clause 3.6 shall become and remain the property of the
Procuring Entity, and the Service Provider shall, not later than upon termination or expiration of this
Contract, deliver all such documents and software to the Procuring Entity, together with a detailed
inventory thereof. The Service Provider may retain a copy of such documents and software.
Restrictions about the future use of these documents, if any, shall be specified in the SCC.

3.8 Liquidated Damages

3.8.1 Payments of Liquidated Damages

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

3.8.2 Correction for Over-payment

If the Intended Completion Date is extended after liquidated damages have been paid, the Procuring
Entity shall correct any overpayment of liquidated damages by the Service Provider by adjusting the
next payment certificate. The Service Provider shall be paid interest on the overpayment, calculated
from the date of payment to the date of repayment, at the rates specified in Sub-Clause 6.5.

3.8.3 Lack of performance penalty

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 If the Service Provider has not corrected a Defect within the time specified in the Procuring Entity's
notice, a penalty for Lack of performance will be paid by the Service Provider. The amount to be
paid will be calculated as a percentage of the cost of having the Defect corrected, assessed as
described in Sub-Clause7.2 and specified in the SCC.

3.9 Performance Security

The Service Provider shall provide the Performance Security to the Procuring Entity no later than
the date specified in the Form of acceptance. The Performance Security shall be issued in an amount
and form and by a bank or surety acceptable to the Procuring Entity, and denominated in the types
and proportions of the currencies in which the Contract Price is payable. The performance Security
shall be valid until a date 28 day from the Completion Date of the Contract in case of a bank
guarantee, and until one year from the Completion Date of the Contract in the case of a Performance
Bond.

3.10 Fraud and Corruption

The Procuring Entity requires compliance with the Government's Anti-Corruption laws and its
prevailing sanctions. The Procuring Entity requires the Service Provider to disclose any
commissions or fees that may have been paid or are to be paid to agents or any other party with
respect to the tendering process or execution of the Contract. The information disclosed must
include at least the name and address of the agent or other party, the amount and currency, and the
purpose of the commission, gratuity or fee.

3.11 Sustainable Procurement

The Service Provider shall conform to the sustainable procurement contractual provisions, if and as
specified in the SCC.
4 Service Provider's Personnel

4.1 Description of Personnel

The titles, agreed job descriptions, minimum qualifications, and estimated periods of engagement in
the carrying out of the Services of the Service Provider's Key Personnel are described in Appendix
C. The Key Personnel and Subcontractors listed by title as well as by name in Appendix Care hereby
approved by the Procuring Entity.

4.2 Removal and/or Replacement of Personnel

a) Except as the Procuring Entity may otherwise agree, no changes shall be made in the Key
Personnel. If, for any reason beyond the reasonable control of the Service Provider, it becomes
necessary to replace any of the Key Personnel, the Service Provider shall provide as a
replacement a person of equivalent or better qualifications.
b) If the Procuring Entity finds that any of the Personnel have (i) committed serious misconduct or
have been charged with having committed a criminal action, or (ii) have reasonable cause to be
dissatisfied with the performance of any of the Personnel, then the Service Provider shall, at the
Procuring Entity's written request specifying the grounds thereof, provide as a replacement a
person with qualifications and experience acceptable to the Procuring Entity.
c) The Service Provider shall have no claim for additional costs arising out of or incidental to any
removal and/or replacement of Personnel.

5 Obligations of the Procuring Entity

5.1 Assistance and Exemptions

The Procuring Entity shall use its best efforts to ensure that the Government shall provide the
Service Provider such assistance and exemptions as specified in the SCC.

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5.2 Change in the Applicable Law

If, after the date of this Contract, there is any change in the Applicable Law with respect to taxes and
duties which increases or decreases the cost of the Services rendered by the Service Provider, then
the remuneration and reimbursable expenses otherwise payable to the Service Provider under this
Contract shall be increased or decreased accordingly by agreement between the Parties, and
corresponding adjustments shall be made to the amounts referred to in Sub-Clauses 6.2(a) or (b), as
the case may be.

5.3 Services and Facilities

The Procuring Entity shall make available to the Service Provider the Services and Facilities listed
under Appendix F.

6 Payments to the Service Provider

6.1 Lump-Sum Remuneration

The Service Provider's remuneration shall not exceed the Contract Price and shall be a fixed lump-
sum including all Subcontractors' costs, and all other costs incurred by the Service Provider in
carrying out the Services described in Appendix A. Except as provided in Sub-Clause 5.2, the
Contract Price may only be increased above the amounts stated in Sub-Clause 6.2 if the Parties have
agreed to additional payments in accordance with Sub- Clauses2.4and6.3.

6.2 Contract Price

a) The price payable is set forth in the SCC.
b) Price may be payable in foreign currency, if so allowed in this document.

6.3 PaymentforAdditionalServices,andPerformanceIncentiveCompensation

6.3.1 For the purpose of determining the remuneration due for additional Services as may be agreed under
Sub-Clause 2.4, a breakdown of the lump-sum price is provided in Appendices D and E.
6.3.2 If the SCC so specify, the service provider shall be paid performance incentive compensation asset
out in the Performance Incentive Compensation appendix.

6.3.3 Where the contract price is different from the corrected tender price, in order to ensure the
contractor is not paid less or more relative to the contract price (which would be the tender price),
payment valuation certificates and variation orders on omissions and additions valued based on rates
in the schedule of rates in the Tender, will be adjusted by a plus or minus percentage. The percentage
already worked out during tender evaluation is worked out as follows:(corrected tender price–tender
price)/tender price X100.

6.4 Terms and Conditions of Payment

Payments will be made to the Service Provider according to the payment schedule stated in the
SCC. Unless otherwise stated in the SCC, the advance payment (Advance for Mobilization,
Materials and Supplies) shall be made against the provision by the Service Provider of a bank
guarantee for the same amount, and shall be valid for the period stated in the SCC. Any other
payment shall be made after the conditions listed in the SCC for such payment have been met, and
the Service Provider have submitted an invoice to the Procuring Entity specifying the amount due.

6.5 Interest on Delayed Payments

If the Procuring Entity has delayed payments beyond thirty (30) days after the due date stated in the
SCC, interest shall be paid to the Service Provider foreach day of delay at the rate stated in the
SCC.

6.6 Price Adjustment

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6.6.1 Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in the SCC. If so
provided, the amounts certified in each payment certificate, after deducting for Advance Payment,
shall be adjusted by applying the respective price adjustment fact or to the payment amounts due in
each currency. A separate formula of the type indicated below applies to each Contract currency:

Pc = Ac + Bc Lmc / Loc + Cc Imc / Ioc

Where:

Pc is the adjustment factor for the portion of the Contract Price payable in a specific currency “c”.
Ac, Bc and Cc are coefficients specified in the SCC, representing: Ac the non-adjustable portion; Bc
the adjustable portion relative to labor costs and Cc the adjustable portion for other inputs, of the
Contract Price payable in that specific currency “c”; and
Lmc is the index prevailing at the first day of the month of the corresponding invoiced ate and Loc
is the index prevailing28 days before Tender opening for labor; both in the specific currency “c”.
Imc is the index prevailing at the first day of the month of the corresponding invoice date and Ioc is
the index prevailing 28 days before Tender opening for other inputs payable; both in the specific
currency “c”.
If a price adjustment factor is applied to payments made in a currency other than the currency of the
source of the index for a particular indexed input, a correction factor Zo/Zn will be applied to the
respective component factor of pn for the formula of the relevant currency. Zo is the number of
units of Kenya Shillings of the index, equivalent to one unit of the currency payment on the date of
the base index, and Zn is the corresponding number of such currency units on the date of the current
index.

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

6.7 Day works

6.7.1 If applicable, the Day work rates in the Service Provider's Tender shall be used for small additional
amounts of Services only when the Procuring Entity has given written instructions in advance for
additional services to be paid in that way.
6.7.2 All work to be paid for as Day works shall be recorded by the Service Provider on forms approved
by the Procuring Entity. Each completed form shall be verified and signed by the Procuring Entity
representative as indicated in Sub-Clause1.6 within two days of the Services being performed.

6.7.3 The Service Provider shall be paid for Day works subject to obtaining signed Day works forms as
indicated in Sub-Clause6.7.2

7 Quality Control

7.1 Identifying Defects

The principle and modalities of Inspection of the Services by the Procuring Entity shall be as
indicated in the SCC. The Procuring Entity shall check the Service Provider's performance and
notify him of any Defects that are found. Such checking shall not affect the Service Provider's
responsibilities. The Procuring Entity may instruct the Service Provider to search for a Defect and to
uncover and test any service that the Procuring Entity considers may have a Defect. Defect Liability
Period is as defined in the SCC.

Correction of Defects, and Lack of Performance Penalty

a) The Procuring Entity shall give notice to the Service Provider of any Defects before the end of
the Contract. The Defects liability period shall be extended for as long as Defects remain to be
corrected.
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 b) Every time notice a Defect is given, the Service Provider shall correct the notified Defect
within the length of time specified by the Procuring Entity's notice.
c) If the Service Provider has not corrected a Defect within the time specified in the Procuring
Entity's notice, the Procuring Entity will assess the cost of having the Defect corrected, the
Service Provider will pay this amount and a Penalty for Lack of Performance calculated as
described in Sub-Clause 3.8.

8 Settlement of Disputes

8.1 Contractor's Claims

8.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion
and/or any additional payment, under any Clause of these Conditions or otherwise in connection
with the Contract, the Contractor shall give notice to the Project Manager, describing the event or
circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later
than 28 days after the Contractor became aware, or should have become aware, of the event or
circumstance.

8.1.2 If the Contractor fails to give notice of a claim within such period of 28days, the Time for
Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the
Procuring Entity shall be discharged from all liability in connection with the claim. Otherwise, the
following provisions of this Sub- Clauses hall apply.

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

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

8.1.5 Within 42 days after the Contractor became aware (or should have become aware) of the event or
circumstance giving rise to the claim, or within such other period as may be proposed by the
Contractor and approved by the Project Manager, the Contractor shall send to the Project Manager a
fully detailed claim which includes full supporting particulars of the basis of the claim and of the
extension of time and /or additional payment claimed. If the event or circumstance giving rise to the
claim has a continuing effect:
8.1.5.1 This fully detailed claim shall be considered as interim;
a) The Contractor shall send further interim claims at monthly intervals, giving the accumulated
delay and /or amount claimed, and such further particulars as the Project Manager may
reasonably require; and
b) The Contractor shall send a final claim within 28 days after the end of the effects resulting from
the event or circumstance, or within such other period as may be proposed by the Contractor
and approved by the Project Manager.

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

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

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

8.1.9 If the Project Manager does not respond within the time framed fined in this Clause, either Party
may consider that the claim is rejected by the Project Manager and any of the Parties may refer to
Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].

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

8.2 Matters that may be referred to arbitration

8.2.1 Notwithstanding anything stated herein the following matters may be referred to arbitration before the
practical completion of the Services or abandonment of the Services or termination of the Contract by
either party:
a) The appointment of a replacement Project Manager upon the said person ceasing to act.
b) Whether or not the issue of an instruction by the Project Manager is empowered by these
Conditions
c) Whetherornotacertificatehasbeenimproperlywithheldorisnotinaccordance with these Conditions.
e) Any dispute arising in respect of war risks or war damage.
f) All other matters shall only be referred to arbitration after the completion or alleged completion
of the Services or termination or alleged termination of the Contract, unless the Procuring
Entity and the Contractor agree otherwise in writing.

8.3 Amicable Settlement

8.3.1 Where a Notice of Dis satisfaction has been given, both Parties shall attempt to settle the dispute
amicably before the commencement of arbitration. However, unless both Parties agree otherwise,
the Party giving a Notice of Dissatisfaction in accordance with Sub-Clause 8.1 above should move
to commence arbitration after the fifty-sixth day from the day on which a Notice of Dissatisfaction
was given, even if no attempt at an amicable settlement has been made.

8.4 Arbitration

8.4.1 Any claim or dispute between the Parties arising out of or in connection with the Contract not
settled amicably in accordance with Sub-Clause 8.3 shall be finally settled by arbitration. Arbitration
shall be conducted in accordance with the Arbitration Laws of Kenya.

8.4.2 The arbitrators shall have full power to open up, review and revise any certificate, determination,
instruction, opinion or valuation of the Project Manager, relevant to the dispute. Nothing shall
disqualify representatives of the Parties and the Project Manager from being called as a witness and
giving evidence before the arbitrators on any matter whatsoever relevant to the dispute.
8.4.3 Neither Party shall be limited in the proceedings before the arbitrators to the evidence, or to the
reasons for dissatisfaction given in its Notice of Dissatisfaction.

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

8.4.5 The terms of the remuneration of each or all the members of Arbitration shall be mutually agreed
90
 upon by the Parties when agreeing the terms of appointment. Each Party shall be responsible for
paying one-half of this remuneration.

8.5 Arbitration with proceedings

8.5.1 In case of any claim or dispute, such claim or dispute shall be notified in writing by either party to
the other with a request to submit to arbitration and to concur in the appointment of an Arbitrator
within thirty days of the notice. The dispute shall be referred to the arbitration and final decision of a
person to be agreed between the parties. Failing agreement to concur in the appointment of an
Arbitrator, the Arbitrator shall be appointed, on the request of the applying party, by the Chairman or
Vice Chairman of any of the following professional institutions;
a) Law Society of Kenya or
b) Chartered Institute of Arbitrators (Kenya Branch)

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

8.5.3 The arbitration maybe on the construction of this Contractor on any matter or thing of what so ever
nature arising there under or in connection there with, 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 been titled 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.

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

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

8.5.6 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.

8.5.7 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.

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

8.6 Failure to Comply with Arbitrator's Decision

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

9.1 The Adjudicator

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

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9.2 The Adjudicator shall be paid by the hour at the rate specified in the TDS and SCC, together with
reimbursable expenses of the type’s specified in the SCC, and the cost shall be divided equally
between the Procuring Entity and the Service Provider, whatever decision is reached by the
Adjudicator. Either party may refer a decision of the Adjudicator to an Arbitrator within28 days of
the Adjudicator's written decision. If neither party refers the dispute to arbitration within the above
28 days, the Adjudicator's decision will be final and binding.

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 B. SPECIAL CONDITIONS OF CONTRACT

SECTION VII - SPECIAL CONDITIONS OF CONTRACT

Number of Amendments of, and Supplements to, Clauses in the General
GC Clause Conditions of Contract
1.1(a) The Adjudicator is yet to be identified
1.1(v) Project Manager is N/A

1.1(d) The contract name is Tender for Provision of Hotel Accommodation and
Conference Facilities to Moi Teaching and Referral Hospital
1.1(g) The Procuring Entity is Moi Teaching and Referral Hospital
1.1(l) The Member in Charge is Board Secretariat
1.1(o) The Service Provider is to be identified
1.4 The addresses are:
Procuring Entity: Moi Teaching and Referral Hospital
Attention: Ag. Chief Executive Officer
Telex:

Service Provider:
Attention:
Email address
1.6 The Authorized Representatives are:
For the Procuring Entity: Chief Executive Officer
For the Service Provider:
2.1 The date on which this Contract shall come into effect is May 2024.
2.2.2 The Starting Date for the commencement of Services is once contract has
been signed.
2.3 The Intended Completion Date is xxxxxx.
2.4.1 If the value engineering proposal is approved by the Procuring Entity the
amount to be paid to the Service Provider shall be _0__% (insert
appropriate percentage. The percentage is normally up to 50%) of the
reduction in the Contract Price.
3.2.3 Activities prohibited after termination of this Contract are: parties are
expected to protect image of other party by confidentiality.
____________________________________________________________
3.4 The risks and coverage by insurance shall be:
(i) Third Party motor vehicle
(ii) Third Party liability yes
(iii) Procuring Entity’s liability and workers’ compensation yes
(iv) Professional liability yes

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Number of Amendments of, and Supplements to, Clauses in the General
GC Clause Conditions of Contract
(v) Loss or damage to equipment and property
3.5(d) The other actions are variation of contract terms
3.7 Restrictions on the use of documents prepared by the Service Provider are:
1%
3.8.1 The liquidated damages rate is 1% per day
The maximum amount of liquidated damages for the whole contract is 5
percent of the final Contract Price.
3.8.3 The percentage N/A to be used for the calculation of Lack of performance
Penalty(ies) is N/A.
5.1 The assistance and exemptions provided to the Service Provider are: N/A
6.2(a) The amount in Kenya Shillings N/A.
6.3.2 The performance incentive paid to the Service Provider shall be:N/A
6.4 Paymen shall be made according to the following schedule
 Upon receipt of list of staff delivery note and invoice.
6.5 Payment shall be made within 90 days of receipt of the invoice and the
relevant documents specified in Sub-Clause 6.4,

6.6.1 Price adjustment is __N/A in accordance with Sub-Clause 6.6.

The coefficients for adjustment of prices are N/A
(a) For local currency:
AL is ____N/A________________
BL is ____N/A________________
CL is ___N/A_________________
Lmc and Loc are the index for Labor from ____________________
Imc and Ioc are the index for ________ from _______________
(b) For foreign currency
AF is ____________________
BF is ____________________
CF is ____________________
Lmc and Loc are the index for Labor from ____________________
Imc and Ioc are the index for _______ from ___________________
7.1 The principle and modalities of inspection of the Services by the Procuring
Entity are as follows: _Adherence to spefication (menu)
The Defects Liability Period is ___N/A_________________.
9.1 The designated Appointing Authority for a new Adjudicator is
_______N/A_____________

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Number of Amendments of, and Supplements to, Clauses in the General
GC Clause Conditions of Contract
9.2 The Adjudicator is ______N/A______________. Who will be paid a rate of
_________N/A___________ per hour of work? The following reimbursable
expenses are recognized: _____N/A_______________

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C. APPENDICES

Appendix A - Description of the Services

Give detailed descriptions of the Services to be provided, dates for completion of various tasks,
place of performance for different tasks, specific tasks to be approved by Procuring Entity, etc.

Appendix B - Schedule of Payments and Reporting Requirements

List all milestones for payments and list the format, frequency, and contents of reports or products to
be delivered; persons to receive them; dates of submission; etc. If no reports are to be submitted,
state here “Not applicable.”

Appendix C - Breakdown of Contract Price

List here the elements of cost used to arrive at the breakdown of the lump-sum price:

1. Rates for Equipment Usage or Rental or for Personnel (Key Personnel and other Personnel).

2. Reimbursable expenditures.

This appendix will exclusively be used for determining remuneration for additional Services.

Appendix D - Services and Facilities Provided by the Procuring Entity

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D. FORMS

SECTION VIII -CONTRACT FORMS

FORM NO. 1 - PERFORMANCE SECURITY – (Unconditional Demand Bank Guarantee)

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of Procuring Entity]

Date: [Insert date of issue]

PERFORMANCE GUARANTEE No.:

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

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

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

guarantee is required.

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

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

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

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

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

1The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount
specified in the Letter of Acceptance, less provisional sums, if
any, and denominated either in the currency(ies) of the Contract or a freely convertible currency acceptable
to the Beneficiary.
97
2Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9. The
Procuring Entity should note that in the event of an extension of this date for completion of the Contract,
the Procuring Entity would need to request an extension of this guarantee from the Guarantor. Such
request must be in writing and must be made prior to the expiration date established in the guarantee. In
preparing this guarantee, the Procuring Entity might consider adding the following text to the form, at the
end of the pen ultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a
period not to exceed [six months] [one year], in response to the Beneficiary's written request for such
extension, such request to be presented to the Guarantor before the expiry of the guarantee.”

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FORM No. 2 - PERFORMANCE SECURITY OPTION 2 – (Performance Bond)

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

[Guarantor letterhead or SWIFT identifier code]

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

PERFORMANCE BOND No.:

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

1. By this Bond___________________________________________ as Principal (hereinafter called “the

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

2. WHEREAS the Contractor has entered into a written Agreement with the Procuring Entity dated the
day of , 20 , for in accordance with the documents, plans,
specifications, and amendments thereto, which to the extent herein provided for, are by reference made
part hereof and are herein after referred to as the Contract.

3. NOW, THEREFORE, the Condition of this Obligation is such that, if the Contractor shall promptly
and faithfully perform the said Contract (including any amendments thereto), then this obligation
shall be null and void; otherwise, it shall remain in full force and effect. Whenever the Contractor
shall be, and declared by the Procuring Entity to be, in default under the Contract, the Procuring
Entity having performed the Procuring Entity's obligations there under, the Surety may promptly
remedy the default, or shall promptly:
1) Complete the Contract in accordance with its terms and conditions; or
2) Obtain a tender or tenders from qualified tenderers for submission to the Procuring Entity for
completing the Contract in accordance with its terms and conditions, and upon determination
by the Procuring Entity and the Surety of the lowest responsive Tenderers, arrange for a
Contract between such Tenderer, and Procuring Entity and make available as work progresses
(even though there should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the Balance of the Contract Price; but not exceeding, including other costs and
damages for which the Surety may be liable here under, the amount set forth in the first
paragraph hereof. The term “Balance of the Contract Price,” as used in this paragraph, shall
mean the total amount payable by Procuring Entity to Contractor under the Contract, less the
amount properly paid by Procuring Entity to Contractor; or
3) pay the Procuring Entity the amount required by Procuring Entity to complete the Contract in
accordance with its terms and conditions up to a total not exceeding the amount of this Bond.

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

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

99
 administrators, successors, and assigns of the Procuring Entity.

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

of by in the capacity

of In the presence of

SIGNED ON on behalf

of By in the capacity

of In the presence of

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FORM NO. 3 - ADVANCE PAYMENT SECURITY [Demand Bank Guarantee]

[Guarantor letter head or SWIFT identifier

code] [Guarantor letter head or SWIFT
identifier code]

Beneficiary: [Insert name and Address of Procuring Entity]

Date: [Insert date of issue]

ADVANCE PAYMENTGUARANTEE No.: [Insert guarantee reference

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

letterhead]

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

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

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

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

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

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

..............................................................................................................................
[Name of Authorized Official, signature(s) and seals/stamps]
 Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted
from the final product.

1The Guarantor shall insert an amount representing the amount of the advance payment and denominated
either in the currency(ies) of the advance payment as
specified in the Contract, or in a freely convertible currency acceptable to the Procuring Entity.
2Insert the expected expiration date of the Time for Completion. The Procuring Entity should note that in
the event of an extension of the time for completion of the Contract, the Procuring Entity would need to
request an extension of this guarantee from the Guarantor. Such request must be in writing and must be
made prior to the expiration date established in the guarantee. In preparing this guarantee, the Procuring
Entity might consider adding the following ext. to the form, at the end of the penultimate paragraph: “The
Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months] [one
year], in response to the Beneficiary's written request for such extension, such request to be presented to
the Guarantor before the expiry of the guarantee.”

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FORM NO. 4 BENEFICIAL OWNERSHIP DISCLOSURE FORM
(Amended and issued pursuant to PPRA CIRCULAR No. 02/2022)

INSTRUCTIONS TO TENDERERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE FORM

This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful tenderer pursuant to
Regulation 13 (2A) and 13 (6) of the Companies (Beneficial Ownership Information) Regulations, 2020. In case of
joint venture, the tenderer must submit a separate Form for each member. The beneficial ownership information to
be submitted in this Form shall be current as of the date of its submission.

For the purposes of this Form, a Beneficial Owner of a Tenderer is any natural person who ultimately owns or
controls the legal person (tenderer) or arrangements or a natural person on whose behalf a transaction is
conducted, and includes those persons who exercise ultimate effective control over a legal person (Tenderer) or
arrangement.

Tender Reference No.: [insert identification

no] Name of the Tender Title/Description: [insert name of the
assignment] to: [insert complete name of Procuring Entity]

In response to the requirement in your notification of award dated [insert date of notification of award] to
furnish additional information on beneficial ownership: [select one option as applicable and delete
the options that are not applicable]

I) We here by provide the following beneficial ownership information.

Details of beneficial ownership

Details of all Beneficial % of % of voting Whether a Whether a
Owners shares a rights a person directly person
person person holds or indirectly directly or
holds in in the holds a right to indirectly
the company appoint or exercises
company remove a significant
Directly member of the influence or
or board of control
indirectly directors of the over the
company or an Company
equivalent (tenderer)
governing body (Yes / No)
of the Tenderer
(Yes / No)
Full Name Directly--- Directly…… 1. Having 1. Exer
-------- % ……….% of the right to cises
National appoint a significant
of shares voting rights
identity card majority of the influence or
1. number or board of the control
Passport Indirectly------ directors or an over the
number Indirectly- ----% of equivalent Company
--------- % voting rights governing body of the
Personal
Identification of shares body of the Company
 Details of all Beneficial % of % of voting Whether a Whether a
Owners shares a rights a person directly person
person person holds or indirectly directly or
holds in in the holds a right to indirectly
the company appoint or exercises
company remove a significant
Directly member of the influence or
or board of control
indirectly directors of the over the
company or an Company
equivalent (tenderer)
governing body (Yes / No)
of the Tenderer
(Yes / No)
Number (where Tenderer: Yes (tenderer)
applicable) -----No----
2. Is this Yes -----
Nationality
right held No----
Date of birth directly or
[dd/mm/yyyy] indirectly?: 2. Is
Postal address this
influence
Residential Direct……… or control
address ………… exercised
Telephone directly or
number indirectly?
Indirect………
Email address ………... Direct……
Occupation or ……..
profession

Indirect…
………

2. Full Name Directly--- Directly…… 1. Having 1. Exer

-------- % ……….% of the right to cises
National appoint a significant
of shares voting rights
identity card majority of the influence
number or board of the or control
Passport Indirectly------ directors or an over the
number Indirectly- ----% of equivalent Company
--------- % voting rights governing body of
Personal
Identification of shares body of the the
Number (where Tenderer: Yes Company
applicable) -----No---- (tenderer)
2. Is this Yes -----
Nationality(ies) right held No----
Date of birth directly or
[dd/mm/yyyy] indirectly?: 2. Is
this
Postal address influence
Residential Direct……… or control
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 Details of all Beneficial % of % of voting Whether a Whether a
Owners shares a rights a person directly person
person person holds or indirectly directly or
holds in in the holds a right to indirectly
the company appoint or exercises
company remove a significant
Directly member of the influence or
or board of control
indirectly directors of the over the
company or an Company
equivalent (tenderer)
governing body (Yes / No)
of the Tenderer
(Yes / No)
address ………… exercised
directly or
Telephone
indirectly?
number
Indirect………
Email address ………... Direct……
Occupation or ……..
profession

Indirect…
………

3.

e.
t.
c

II) Am fully aware that beneficial ownership information above shall be reported to the Public
Procurement Regulatory Authority together with other details in relation to contract awards and shall be
maintained in the Government Portal, published and made publicly available pursuant to Regulation
13(5) of the Companies (Beneficial Ownership Information) Regulations, 2020.(Notwithstanding this
paragraph Personally Identifiable Information in line with the Data Protection Act shall not be published
or made public). Note that Personally Identifiable Information (PII) is defined as any information that
can be used to distinguish one person from another and can be used to deanonymize previously
anonymous data. This information includes National identity card number or Passport number, Personal
Identification Number, Date of birth, Residential address, email address and Telephone number.

III) In determining who meets the threshold of who a beneficial owner is, the Tenderer must consider a
natural person who in relation to the company:

(a) holds at least ten percent of the issued shares in the company either directly or indirectly;

(b) exercises at least ten percent of the voting rights in the company either directly or indirectly;

(c) holds a right, directly or indirectly, to appoint or remove a director of the company; or
 (d) exercises significant influence or control, directly or indirectly, over the company.

IV) What is stated to herein above is true to the best of my knowledge, information and belief.

Name of the Tenderer: .......................*[insert complete name of the Tenderer]

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

name of person duly authorized to sign the Tender]

Designation of the person signing the Tender: ....................... [insert complete title of the person signing

the Tender]

Signature of the person named above: ....................... [insert signature of person whose name and

capacity are shown above]

Date this ....................... [insert date of signing] day of....................... [Insert month], [insert year]

Bidder Official Stamp

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