Hola 250CM Galvanized Elevated Steel Tank
Hola 250CM Galvanized Elevated Steel Tank
Hola 250CM Galvanized Elevated Steel Tank
BIDDING DOCUMENTS
For
ISSUED BY:
COUNTY CHIEF OFFICER COUNTY DIRECTOR
DEPARTMENT OF WATER & ENERGY DEPARTMENT OF WATER & ENERGY
COUNTY GOVERNMENT OF TANA RIVER COUNTY GOVERNMENT OF TANA RIVER
P.O BOX 29 - 70101 P.O BOX 29 - 70101
HOLA. HOLA.
JANUARY 2019
TABLE OF CONTENTS
PAGE
INTRODUCTION………………………………………………. 3
2
INTRODUCTION
1.1 This standard tender document for procurement of works has been
prepared for use by procuring entities in Kenya in the procurement of works
(e.g. Buildings, Roads, Bridges, Repairs and Maintenance) which the
procuring entity considers to be small and where it is not required to be
open tendering.
1.2 The following guidelines should be observed when using the document:-
(a) Specific details should be furnished in the tender notice and in
the special conditions of contract (where applicable). The tender
document issued to tenderers should not have blank spaces or
options.
1.3 (a) Information contained in the invitation to tender shall conform to the
data and information in the tender documents to enable prospective
tenderers to decide whether or not to participate in the tender and
shall indicate any important tender requirements
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INVITATION FOR TENDERS
Tender Name
1.1 The DEPARTMENT OF WATER & ENERGY invites sealed tenders for the PROPOSED CONSTRUCTION OF
250CM GALVANIZED ELEVATED PRESSED STEEL TANK IN HOLA, TANA RIVER COUNTY.
1.2 Interested eligible candidates may obtain further information and inspect tender document (and
additional copies) at SUPPLY CHAIN OFFICE P.O BOX 29 - 70101 and GOVERNOR'S OFFICE
during working hours.
1.3 A complete set of tender documents may be obtained by interested candidates upon payment
of a non-refundable fee of 1000 in cash or Bankers Cheque payable to TANA RIVER COUNTY
GOVERNMENT. Alternatively, it may be downloaded from the County Government’s website:
www.tanariver.go.ke
1.4 Prices quoted should be net inclusive of all taxes, must be in Kenya shillings and shall remain
valid for 365 days from the closing date of tender.
1.5 Completed tender documents are to be enclosed in plain sealed envelopes marked with Tender
name and reference number and deposited in the Tender Box at SUPPLY CHAIN OFFICE P.O
BOX 29 - 70101 and GOVERNOR'S OFFICE or to be addressed to COUNTY GOVERNMENT OF
TANA RIVER so as to be received on or before RECOMMENDED DATE IN THE
ADVERTISEMENT.
1.6 Tenders will be opened immediately thereafter in the presence of the candidates or their
representatives who choose to attend at SUPPLY CHAIN OFFICE P.O BOX 29 - 70101 and
GOVERNOR'S OFFICE
For
______________________________
4
SECTION II
INSTRUCTIONS TO TENDERERS
TABLE OF CONTENTS
CLAUSE PAGE.
5
INSTRUCTIONS TO TENDERERS.
1. General
3. The Tenderer shall bear all costs associated with the preparation and
submission of his tender, and the Employer will in no case be
responsible or liable for those costs.
7. The price to be charged for the tender document shall not exceed
Kshs. 5,000/=
8. The procuring entity shall allow the tenderer to review the tender
document free of charge before purchase.
2. Tender Documents
2.2. The Tenderer shall examine all instructions, forms and specifications
in the tender documents. Failure to furnish all information required
by the tender documents may result in rejection of his tender.
2.4. Before the deadline for submission of tenders, the Employer may
modify the tendering documents by issuing addenda. Any addendum
thus issued shall be part of the tendering documents and shall be
communicated in writing or by cable, telex or facsimile to all
Tenderers. Prospective Tenderers shall acknowledge receipt of each
addendum in writing to the Employer.
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2.5. To give prospective Tenderers reasonable time in which to take an
addendum into account in preparing their tenders, the Employer shall
extend, as necessary, the deadline for submission of tenders in
accordance with clause 4.2 here below.
3. Preparation of Tenders
3.1. All documents relating to the tender and any correspondence shall be
in English Language.
3.2. The tender submitted by the Tenderer shall comprise the following:-
(a) The Tender;
3.3. The Tenderer shall fill in rates and prices for all items of the Works
described in the Bill of Quantities/Schedule of Rates. Items for which
no rate or price is entered by the Tenderer will not be paid for when
executed and shall be deemed covered by the other rates and prices in
the Bill of Quantities/Schedule of Rates. All duties, taxes and other
levies payable by the Contractor under the Contract, as of 30 days
prior to the deadline for submission of tenders, shall be included in
the tender price submitted by the Tenderer.
3.4. The rates and prices quoted by the Tenderer shall not be subject to
any adjustment during the performance of the Contract.
3.6. Tenders shall remain valid for a period of sixty (60) days from the date
of submission. However in exceptional circumstances, the Employer
may request that the Tenderers extend the period of validity for a
specified additional period. The request and the Tenderers’ responses
shall be made in writing.
3.7. The Tenderer shall prepare one original of the documents comprising
the tender documents as described in these Instructions to Tenderers.
3.8. The original shall be typed or written in indelible ink and shall be
signed by a person or persons duly authorised to sign on behalf of the
Tenderer. All pages of the tender where alterations or additions have
been made shall be initialed by the person or persons signing the
tender.
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3.9. Clarification of tenders shall be requested by the tenderer to be
received by the procuring entity not later than 7 days prior to the
deadline for submission of tenders.
3.10. The procuring entity shall reply to any clarifications sought by the
tenderer within 3 days of receiving the request to enable the tenderer
to make timely submission of its tender.
4. Submission of Tenders
[b] bear the name and identification number of the Contract as defined
in the invitation to tender; and
[c] provide a warning not to open before the specified time and date for
tender opening.
3. The tenderer shall not submit any alternative offers unless they are
specifically required in the tender documents.
4. Any tender received after the deadline for opening tenders will be
returned to the tenderer un-opened.
5.2. The Tenderers’ names, the total amount of each tender and such
other details as may be considered appropriate, will be announced at
the opening by the Employer . Minutes of the tender opening,
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including the information disclosed to those present will also be
prepared by the Employer.
(b) where there is a discrepancy between the unit rate and the line
item total resulting from multiplying the unit rate by the
quantity, the unit rate as quoted will prevail, unless in the
opinion of the Employer’s representative, there is an obvious
typographical error, in which case the adjustment will be made
to the entry containing that error.
5.5. The tender evaluation committee shall evaluate the tender within 30
days of the validity period from the date of opening the tender.
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5.6. Contract price variations shall not be allowed for contracts not
exceeding one year (12 months)
5.7. Where contract price variation is allowed, the valuation shall not
exceed 15% of the original contract price.
5.9. Preference where allowed in the evaluation of tenders shall not exceed
15%
5.11. The Tenderer shall not influence the Employer on any matter relating
to his tender from the time of the tender opening to the time the
Contract is awarded. Any effort by the Tenderer to influence the
Employer or his employees in his decision on tender evaluation,
tender comparison or Contract award may result in the rejection of
the tender.
6. Award of Contract
6.1. The award of the Contract will be made to the Tenderer who has
offered the lowest evaluated tender price.
6.3. The Tenderer whose tender has been accepted will be notified of the
award prior to expiration of the tender validity period in writing or by
cable, telex or facsimile. This notification (hereinafter and in all
Contract documents called the “Letter of Acceptance”) will state the
sum [hereinafter and in all Contract documents called the “Contract
Price” which the Employer will pay the Contractor in consideration of
the execution, completion, and maintenance of the Works by the
Contractor as prescribed by the Contract. The contract shall be
formed on the parties signing the contract. At the same time the other
tenderers shall be informed that their tenders have not been
successful.
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6.4. The Contract Agreement will incorporate all agreements between the
Employer and the successful Tenderer. It will be signed by the
Employer and sent to the successful Tenderer, within 30 days
following the notification of award. Within 21 days of receipt ,the
successful Tenderer will sign the Agreement and return it to the
Employer.
6.5. Within 21 days after receipt of the Letter of Acceptance, the successful
Tenderer shall deliver to the Employer a Performance Security amount
stipulated in the Appendix to Conditions of Contract.
6.6. The parties to the contract shall have it signed within 30 days from
the date of notification of contract award unless there is an
administrative review request.
6.8. The procuring entity shall give prompt notice of the termination to the
tenderers and on request give its reasons for termination within 14
das of receiving the request from any tenderer.
7.1. The procuring entity requires that the tenderer observes the highest
standard of ethics during the procurement process and execution of
the contract. A tenderer shall sign a declaration that he has not and
will not be involved in corrupt and fraudulent practices.
7.2. The procuring entity will reject a tender if it determines that the
tenderer recommended for award has engaged in corrupt and
fraudulent practices in competing for the contract in question.
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SECTION III
CONDITIONS OF CONTRACT
Table of Clauses Page
1. DEFINITIONS……………………………………………………………… 11
2. CONTRACT DOCUMENTS……………………………………………… 12
7. THE SITE…………………………………………………………………. 13 - 14
8. INSTRUCTIONS…………………………………………………………… 14
11. DEFECTS…………………………………………………………………… 15 - 16
13. VARIATIONS……………………………………………………………….. 16
18. TERMINATION……………………………………………………………… 18 - 19
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20. CORRUPT GIFTS AND PAYMENTS OF COMMISSION……………… 19 - 20
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“Employer” Includes Central or Local Government administration,
Universities, Public Institutions and Corporations and is the party
who employs the Contractor to carry out the Works.
“Site” means the place or places where the permanent Works are to
be carried out including workshops where the same is being prepared.
2. Contract Documents
(1) Agreement,
(2) Letter of Acceptance,
(3) Contractor’s Tender,
(4) Conditions of Contract,
(5) Specifications,
(6) Drawings,
(7) Bills of Quantities or Schedule of Rates [whichever is applicable)
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3. Employer’s Representative’s Decisions
2. The ruling language of the Contract shall be English language and the
law governing the Contract shall be the law of the Republic of Kenya.
6.1. Within seven days after Site possession date, the Contractor shall
submit to the Employer’s Representative for approval a program
showing the general methods, arrangements, order and timing for all
the activities in the Works.
6.2. The Contractor may sub-contract the Works (but only to a maximum
of 25 percent of the Contract Price) with the approval of the
Employer’s Representative. However, he shall not assign the Contract
without the approval of the Employer in writing. Sub-contracting
shall not alter the Contractor’s obligations.
7. The site
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7.1. The Employer shall give possession of all parts of the Site to the
Contractor.
7.2. The Contractor shall allow the Employer’s Representative and any
other person authorised by the Employer’s Representative ,access to
the Site and to any place where work in connection with the Contract
is being carried out or is intended to be carried out.
8. Instructions
8.1. The Contractor shall carry out all instructions of the Employer’s
Representative which are in accordance with the Contract.
9.2. For the purposes of this clause, the following occurrences shall be
valid for consideration;
Delay by:-
(a) force majeure, or
11. Defects
11.3. Every time notice of a defect is given, the Contractor shall correct the
notified defect within the length of time specified by the Employer’s
Representative’s notice. If the Contractor has not corrected a defect
within the time specified in the Employer’s Representative’s notice,
the Employer’s Representative will assess the cost of having the defect
corrected by other parties and such cost shall be treated as a
variation and be deducted from the Contract Price.
12.1. The Bills of Quantities/Schedule of Rates shall contain items for the
construction, installation, testing and commissioning of the Work to
be done by the Contractor. The Contractor will be paid for the
quantity of the Work done at the rates in the Bills of
Quantities/Schedule of Rates for each item. Items against which no
rate is entered by the Tenderer will not be paid for when executed and
shall be deemed covered by the rates for other items in the Bills of
Quantities/Schedule of Rates.
12.2. Where Bills of Quantities do not form part of the Contract, the
Contract Price shall be a lump sum (which shall be deemed to have
been based on the rates in the Schedule of Rates forming part of the
tender) and shall be subject to re-measurement after each stage.
13. Variations
14.2. Upon deciding that Works included in a particular stage are complete,
the Contractor shall submit to the Employer’s Representative his
application for payment. The Employer’s Representative shall check,
adjust if necessary and certify the amount to be paid to the
Contractor within 21 days of receipt of the Contractor’s application
.The Employer shall pay the Contractor the amounts so certified
within 30 days of the date of issue of each Interim Certificate.
14.4. If the period laid down for payment to the Contractor upon each of the
Employer’s Representative’s Certificate by the Employer has been
exceeded, the Contractor shall be entitled to claim simple interest
calculated pro-rata on the basis of the number of days delayed at the
15.1. The Contractor shall be responsible for and shall take out appropriate
cover against, among other risks, personal injury; loss of or damage to
the Works, materials and plant; and loss of or damage to property.
16.1. The Contractor shall pay liquidated damages to the Employer at the
rate 0.001 per cent of the Contract price per day for each day that the
actual Completion Date is later than the Intended Completion Date
except in the case of any of the occurrences listed under clause 9.2.
The Employer may deduct liquidated damages from payments due to
the Contractor. Payment of liquidated damages shall not affect the
Contractor’s liabilities.
17.1. Upon deciding that the Work is complete the Contractor shall request
the Employer’s Representative to issue a Certificate of Completion of
the Works, upon deciding that the Work is completed.
The Employer shall take over the Site and the Works within 21 days of
the Employer’s Representative issuing a Certificate of Completion.
18. Termination
18.1. The Employer or the Contractor may terminate the Contract if the
other party causes a fundamental breach of the Contract. These
fundamental breaches of Contract shall include, but shall not be
limited to, the following;
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18.2. If the Contract is terminated, the Contractor shall stop Work
immediately, and leave the Site as soon as reasonably possible. The
Employer’s Representative shall immediately thereafter arrange for a
meeting for the purpose of taking record of the Works executed and
materials, goods, equipment and temporary buildings on Site.
19.1. The Employer may employ and pay other persons to carry out and
complete the Works and to rectify any defects and may enter upon the
Works and use all materials on Site, plant, equipment and temporary
works.
19.2. The Contractor shall, during the execution or after the completion of
the Works under this clause, remove from the Site as and when
required within such reasonable time as the Employer’s
Representative may in writing specify, any temporary buildings, plant,
machinery, appliances, goods or materials belonging to him, and in
default thereof , the Employer may (without being responsible for any
loss or damage) remove and sell any such property of the Contractor,
holding the proceeds less all costs incurred to the credit of the
Contractor.
19.3 Until after completion of the Works under this clause, the Employer shall
not be bound by any other provision of this Contract to make any payment
to the Contractor, but upon such completion as aforesaid and the
verification within a reasonable time of the accounts therefor the Employer’s
Representative shall certify the amount of expenses properly incurred by the
Employer and, if such amount added to the money paid to the Contractor
before such determination exceeds the total amount which would have been
payable on due completion in accordance with this Contract, the difference
shall be a debt payable to the Employer by the Contractor; and if the said
amount added to the said money be less than the said total amount, the
difference shall be a debt payable by the Employer to the Contractor.
(a) Offer or give or agree to give to any person in the service of the
Employer any gifts or consideration of any kind as an
inducement or reward for doing or forbearing to do or for having
done or forborne to do any act in relation to the obtaining or
execution of this or any other contract with the Employer or for
showing or forbearing to show favour or disfavour to any person
in relation to this or any other contract with the Employer.
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without the knowledge of the Contractor) shall be an offence
under the Laws of Kenya.
THE EMPLOYER IS
The Works consist of Supply and assembly on steel tower a 250m3 Galvanized steel tank
comprising of 8mm thick mild steel pressed panels, internal bracings, brackets, calibrated
level indicator, 1.5mm thick galvanized roof cover, fasteners, standard 100 NB threaded
nozzles, sealants, lockable manhole etc,Structural steelwork for 1no. Steel Tower 12m
high, Construction of Foundation for a 12m high tower in a loose sand formation using
reinforced concrete Class 20 (1:2:4), Plumbing works using 3” G.I. pipes class B as inlet,
outlet and washout, including all necessary valves and fittings and Connection of the tank
to the water mains.
The Intended Completion Date for the whole of the Works shall be
15 WEEKS FROM DATE OF SITE POSSESSION
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The following documents also form part of the Contract:
AS LISTED IN CLAUSE 2.3 OF THE CoC.
The Contractor shall submit a revised program for the Works within ____7____
days of delivery of the Letter of Acceptance.
The Site Possession Date shall be AGREED WITH THE PROJECT MANAGER.
The Site is located in Hola Town, Chewani Location, Chewani Ward, Tana
River Sub County.
The name and Address of the Employer for the purposes of submission of tenders
is The County Secretary, Tana River County Government, P.O Box 29-70101
Hola.
The amount of performance security is Kshs 1,000,000 (Note: the Employer must
select the form of performance security to be accepted. A bank guarantee of
between five (5) and ten (10) percent is acceptable. A performance bond on the
other hand from an insurance company may be of up to thirty (30) percent of the
Contract Price).
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EVALUATION CRITERIA 2018-2019
Evaluation of tenders will be done in six stages as follows;
1. Preliminary Evaluation (Determination of responsiveness)
2. Technical Evaluation
3. Financial Evaluation
4. Combination of Technical and Financial Evaluation
5. Determination of the Lowest Evaluated Bidder.
6. Recommendation for Award
2. TECHNICAL EVALUATION
Technical evaluation will be allocated 70% score.
The Tenderer MUST show proof of equipment, plant and machinery, vehicles,
similar works etc.
4 No. 7
5 and over
3 Qualified Personnel in relevant Trade I.e Water/Construction
Industry)
a. Directors of the Company Diploma
(anyone (1) Director Degree 3
Masters Degree
2no. Key personnel but of Diploma 2
b. different specialty with over Degree
4
5 years experience. Registered with
Civil/Water Engineers, Water 4
Supply Officers or relevant Professional
Construction Management Body
4 Financial Status KES - Financial Year 2015
Audited Financial Reports Financial Year 2016 4
Financial Year 2017
26
Item Criteria Project Max Score
Score
Non Yearly Operating 4
Profit Statement
Non Current Asset
Base - 0 -10M
Over 10 - 20M 4
Over 20 - 30M
Over 30M
5 Evidence of Adequacy of Has the financial
working capital (Cash at resources
Hand & Bank - signed & 1). Below the cost of
stamped current Bank the project
statement dated not more
than a month from the date of 2). Equal to the cost 4
submission or letters of credit of the project
stating amount to be
advanced. 3). More than 2x the
cost of the project
6 DETAILED WORKS
PROGRAMME OUTLINING
METHODOLOGY OF
COMPLETING AND
DELIVERING THE CONTRACT 6
WORKS ON OR BEFORE THE
EXPIRY OF THE CONTRACT
PERIOD
TOTAL SCORE 70
• All companies that get a total score of 35 and below (out of 70) will be disqualified from further
evaluation and will not proceed to financial evaluation.
• All companies that score 36 and above will proceed to financial evaluation.
3. FINANCIAL EVALUATION
The average of all tender sums of various bidders shall be calculated. Any bid
which is 10% lower than or higher than the average shall be eliminated from
calculating the working mean. In cases where the Working Mean is more
than the Engineer’s Estimate, then the Engineer’s Estimate is used as the
Working Mean.
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(b) Elimination of the high bids
Any bid which will be higher than the 110% of the Working Mean shall be
eliminated from further evaluation. They will be deemed to be too expensive
and therefore Non-financially responsive.
A recommendation will be made to award this tender to the tenderer with the
highest technical score and the lowest quoted project amount as determined in 3
above at the price indicated in the Form of Tender.
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SECTION IV – SPECIFICATIONS, DRAWINGS AND BILLS OF
QUANTITIES/SCHEDULE OF RATES
I. SPECIFICATIONS
2. Specifications from previous similar projects are useful and it may not
be necessary to rewrite specifications for every works contract.
II DRAWINGS
NOTE: 1. A list of the Contract Drawings should be inserted here
2. The actual Contract Drawings including Site plans should be
annexed in a separate booklet. These will be provided later.
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III BILL OF QUANTITIES/SCHEDULE OF RATES
Where the time limit or other constraints do not allow the preparation of a
Bill of Quantities for the Works, a lump-sum Contract shall be adopted and
a Schedule of Rates (in place of a Bills of Quantities) shall be issued as part
of the tender documents.
(b) when a Contract has been entered into, to provide a basis for the
pricing of Works executed for interim and final valuations.
30
considerations of cost. Consistent with these requirements, the layout and
content of Schedule of Rates should be as simple and brief as possible.
31
Supply and assembly on steel tower a
250m3 Galvanized steel tank
comprising of 8mm thick mild steel
pressed panels, internal bracings,
2.1 brackets, calibrated level indicator, Item
1
1.5mm thick galvanized roof cover,
fasteners, standard 100 NB threaded
nozzles, sealants, lockable manhole etc.
Steel Tower
32
duty 600 x 450mm.
ALLOW 2% CONTINGENCY
GRAND TOTAL
33
SECTION V
STANDARD FORMS
34
(xii) Details of Sub-Contractors
Dear Sirs:
We hereby invite you and other prequalified tenderers to submit a tender for the
execution and completion of the above Contract.
36
FORM OF TENDER
TO: __________________________[Name of Employer) ____________[Date]
Dear Sir,
4. Unless and until a formal Agreement is prepared and executed this tender
together with your written acceptance thereof, shall constitute a binding
Contract between us.
5. We understand that you are not bound to accept the lowest or any tender you
may receive.
Witness; Name______________________________________
Address_____________________________________
Signature___________________________________
Date_______________________________________
37
(Amend accordingly if provided by Insurance Company)
LETTER OF ACCEPTANCE
[letterhead paper of the Employer]
_______________________[date]
To: _______________________
[name of the Contractor]
_____________________
[address of the Contractor]
Dear Sir,
You are hereby instructed to proceed with the execution of the said Works in
accordance with the Contract documents.
Attachment : Agreement
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FORM OF AGREEMENT
THIS AGREEMENT, made the _________________ day of ________ 20 ______
between________________________________________________of[or whose registered
office is situated at]__________________________________________
(hereinafter called “the Employer”) of the one part AND
________________________________________________________of[or whose registered
office is situated at]_________________________________________
(hereinafter called “the Contractor”) of the other part.
1. In this Agreement, words and expressions shall have the same meanings as
are respectively assigned to them in the Conditions of Contract hereinafter
referred to.
2. The following documents shall be deemed to form and shall be read and
construed as part of this Agreement i.e.
(v) Specifications
(vi) Drawings
Address_____________________________________
Signature___________________________________
Address_____________________________________
Signature____________________________________
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FORM OF TENDER SECURITY
WHEREAS ………………………………………..(hereinafter called “the Tenderer”) has
submitted his tender dated ………………………… for the construction of
………………………………………………………………………
…………………… (name of Contract)
1. If after tender opening the tenderer withdraws his tender during the period
of tender validity specified in the instructions to tenderers
Or
2. If the tenderer, having been notified of the acceptance of his tender by the
Employer during the period of tender validity:
This guarantee will remain in force up to and including thirty (30) days after
the period of tender validity, and any demand in respect thereof should
reach the Bank not later than the said date.
___________________________ ______________________________
[date[ [signature of the Bank]
___________________________ ______________________________
[witness] [seal]
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PERFORMANCE BANK GUARANTEE
To: _________________________(Name of Employer)___________(Date)
__________________________(Address of Employer)
Dear Sir,
AND WHEREAS it has been stipulated by you in the said Contract that the
Contractor shall furnish you with a Bank Guarantee by a recognised bank for the
sum specified therein as security for compliance with his obligations in
accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to
you, on behalf of the Contractor, up to a total of Kshs. ________________ (amount of
Guarantee in figures) Kenya Shillings__________________________________________
(amount of Guarantee in words), and we undertake to pay you, upon your first
written demand and without civil or argument, any sum or sums within the limits
of Kenya Shillings _________________________ (amount ofGuarantee in words) as
aforesaid without your needing to prove or to show grounds or reasons for your
demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the
Contractor before presenting us with the demand.
We further agree that no change, addition or other modification of the terms of the
Contract or of the Works to be performed thereunder or of any of the Contract
documents which may be made between you and the Contractor shall in any way
release us from any liability under this Guarantee, and we hereby waive notice of
any change, addition, or modification.
This guarantee shall be valid until the date of issue of the Certificate of
Completion.
Address ________________________________________________
Date ______________________________________________________
(Amend accordingly if provided by Insurance Company)
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PERFORMANCE BOND
By this Bond, We__________________________________of (or whose registered office is
situated at]______________________________________
as Principal (hereinafter called “the Contractor”) and _________________
________________________________________of[or whose registered office is situated
at]___________________________________________________________
as Surety (hereinafter called “the Surety”), are held and firmly bound unto
_________________________________________________________________________of[or
whose registered office is situated
at]___________________________________________________________________
as Obligee (hereinafter called “the Employer”) in the amount of
Kshs.______________________________[amount of Bond in figures]Kenya Shillings
____________________________________________________________
[amount of Bond in words], for the payment of which sum well and truly, the
Contractor and the Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS the Contractor has entered into a Contract with the Employer dated
the ________________ day of ______________ 20 ________________ for the execution of
_______________________________________________________
[name of Contract] in accordance with the Contract documents, Specifications and
amendments thereto, which to the extent herein provided for, are by reference
made part hereof and are hereinafter referred to as the Contract.
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 Employer to be, in default under the Contract, the Employer having performed
the Employer’s obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
(1) complete the Contract in accordance with its terms and conditions; or
(2) obtain a tender or tenders from qualified tenderers for submission to the
Employer for completing the Contract in accordance with its terms and
conditions, and upon determination by the Employer and the Surety of the
lowest responsive tenderer, arrange for a Contract between such tenderer
and Employer and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the Contract Price; but not
exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof.
The term “Balance of the Contract Price”, as used in this paragraph, shall
mean the total amount payable by the Employer to the Contractor under the
43
Contract, less the amount properly paid by the Employer to the Contractor;
or
(3) pay the Employer the amount required by the Employer to complete the
Contract in accordance with its terms and conditions up to a total not
exceeding the amount of this Bond.
The Surety shall not be liable for a greater sum than the specified penalty of this
Bond.
Any suit under this Bond must be instituted before the expiration of one year from
the date of issuance of the Certificate of Completion.
No right of action shall accrue on this Bond to or for the use of any person or
corporation other than the Employer named herein or the heirs, executors,
administrators, successors and assigns of the Employer.
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__________
By ___________________________________ By _____________________________
Address_____________ Address______
_______________ _______________
Signature____________ Signature_____
Date_________________ Date__________
44
BANK GUARANTEE FOR ADVANCE PAYMENT
Gentlemen,
No drawing may be made by you under this guarantee until we have received
notice in writing from you that an advance payment of the amount listed above
has been paid to the Contractor pursuant to the Contract.
This guarantee shall remain valid and in full effect from the date of the
advance payment under the Contract until
______________________________________________(name of Employer) receives full
payment of the same amount from the Contract.
Yours faithfully,
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Signature and Seal __________________________________________________
Address ______________________________________________________________
Date _________________________________________________________________
Address: __________________________________________________
Signature: ________________________________________________
Date: _____________________________________________________
46
QUALIFICATION INFORMATION
1. Individual Tenderers or Individual Members of Joint Ventures
1.2. Total annual volume of construction work performed in the last Three
(3) years shall be ( Insert figure in Ksh.)
Year Volume
Currency Value
Yr 1
Yr 2
Yr 3
Yr 1
Yr 2
Yr 3
1.3 Work performed as Main Contractor on works of a similar nature
within the last Three (3) yearswith a minimum value of Ksh._____.
Also list details of work under way or committed, including expected
completion date.
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Item of Description, Condition(new, Owned, leased
Equipment Make and age good, poor) and (from whom?),
(years) number or to be
available purchased
(from whom?)
(etc.)
6. Financial reports for the last three (3) years: balance sheets, profit
and loss statements, auditor’s reports, etc. List below and attach
copies.
_____________________________________________________________________
___________________________________________________
48
8. Name, address and telephone, telex and facsimile numbers of banks
that may provide reference if contacted by the Employer.
__________________________________________________________________
____________________________________________________________
10. Proposed program (work method and schedule) for the whole of the
Works shall be submitted
2. Joint Ventures
2.0 The information listed in 1.1 – 2.0 above shall be provided for each partner
of the joint venture.
1. The information required in 1.11 above shall be provided for the joint
venture.
3. Attach the Agreement among all partners of the joint venture ( and which is
legally binding on all partners), which shows that:
a) all partners shall be jointly and severally liable for the execution of the
Contract in accordance with the Contract terms;
49
TENDER QUESTIONNAIRE
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
4. Telex of tenderer;
………………………………………………………………………………………
6. Details of tenderer’s nominated agent (if any) to receive tender notices. This
is essential if the tenderer does not have his registered address in Kenya
(name, address, telephone, telex);
………………………………………………………………………………………
………………………………………………………………………………………
_______________________
Signature of Tenderer
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CONFIDENTIAL BUSINESS QUESTIONNAIRE
You are requested to give the particulars indicated in Part 1 and either Part 2 (a),
2 (b) or whichever applies to your type of business.
You are advised that it is a serious offence to give false information on this Form.
Part 1 – General
Nature of Business…………………………………………………………………..
Branch…………………………………………………………………………………
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DETAILS OF SUB-CONTRACTORS
If the Tenderer wishes to sublet any portions of the Works under any
heading, he must give below details of the sub-contractors he intends to
employ for each portion.
………………………………
………………………………
………………………………
………………………………
………………………………
………………………………
____________________ _______________________
[Signature of Tenderer) Date
52
LETTER OF NOTIFICATION OF AWARD
Tender Name
This is to notify that the contract/s stated below under the above mentioned
tender have been awarded to you.
3. You may contact the officer(s) whose particulars appear below on the
subject matter of this letter of notification of award.
(FULL PARTICULARS)
53
FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD
APPLICATION NO…………….OF……….….20……...
BETWEEN
…………………………………………….APPLICANT
AND
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…
SIGNED
Board Secretary
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WATER DEPARTMENT: COMPLETED PROJECT SIGNPOST DESIGN
REPUBLIC
REPUBLICOF
OFKENYA
KENYA
TR County
TR County Logo
Logo
TANA RIVER COUNTY GOVERNMENT
TANA RIVER COUNTY GOVERNMENT
2800mm
PROJECT OBJECTIVE:
PROJECT OBJECTIVE:
INCREASING COMMUNITY’S ACCESS TO SAFE
INCREASING COMMUNITY’S ACCESS TO SAFE
WATER
WATER
1200mm
500mm
1100mm
55