TENDER DOCUMENT FOR CONSTRUCTION OF A 30,0003 WATER PAN AT NAKURIO LOKIRIAMA-

LOLENGIPPI WARD, LOIMA SUB COUNTY, A 30,000m3WATER PAN AT LORUS NANAM WARD, TURKANA
WEST SUB COUNTY AND DRILLING OF A BOREHOLE AT URUM LOCATION, LOKIRIAMA-LORENGIPPI
WARD, LOIMA SUB-COUNTY

TURKANA COUNTY

TENDER NO: WSTF/WVK/018/FY23-24

WORLD VISION KENYA

KAREN ROAD - OFF, NGONG ROAD
P.O BOX 50816-00200,
NAIROBI.

JANUARY, 2024

viii
INVITATION TO TENDER

PROCURING ENTITY: WORLD VISION KENYA

CONTRACT NAME ANDDESCRIPTION: WSTF/WVK/018/FY23-24 - CONSTRUCTION OF A

30,000M3 WATER PAN AT NAKURIO LOKIRIAMA-LOLENGIPI WARD, LOIMA SUB COUNTY, A

30,000M3 WATER PAN AT LORUS NANAM WARD, TURKANA WEST SUB COUNTY AND

DRILLING OF A 1 NO. BOREHOLE AT URUM LOCATION, LOKIRIAMA-LORENGIPPI WARD,

LOIMA SUB-COUNTY, TURKANA COUNTY

1. World Vision Kenya invites sealed tenders for the Construction of a Water Pan at Nakurio
Lokiriama-Longerippi Ward, Loima Sub County, a Water Pan at Lorus Nanam Ward, Turkana
West Sub County and Drilling of a Borehole Urum Location, Lokiriama-Lorengippi Ward, Loima
Sub-County

2. Tendering will be conducted under Open National Tender method using a standardized tender
document. Tendering is open to all qualified and interested Tenderers.

3. Qualified and interested tenderers may obtain further information and inspect the Tender
Documents during office hours 8:00am to 5:00pm by sending an email to
[email protected].

4. Tender documents may be viewed and downloaded for free from the links that will be shared.
Tenderers who download the tender document must forward their particulars immediately
through the forms shared to facilitate any furtherclarification or addendum and addition to the e-
procurement platform (Coupa System).

5. Tenders shall be quoted be in Kenya Shillings and shall include all taxes. Tenders shall remain valid
for (126) days from the date of opening of tenders.

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

7. Completed tenders MUST be submitted to the Coupa System on or before 13th February, 2024
11.00 a.m. Physical Tenders submission will NOT be permitted. Please find link below on how
to respond with a bid in the Coupa System.

https://vimeo.com/269733916/f4a4a197a2

8. Tenders will be opened immediately after the deadline date and time specified above or any
dead line date and time specified later. Tenders will be publicly opened in the presence of the
Tenderers' designated representatives who choose to attend through this teams link
https://shorturl.at/klvyM

Yours sincerely,

Supply Chain

World Vision, Kenya

ix
PART 1 - TENDERING PROCEDURES
SECTION I: INSTRUCTIONS TO TENDERERS

A General Provisions

1. Scope of Tender

1.1 The Procuring Entity as defined in the Appendix to Conditions of Contract invites tenders for
Works Contract as described in the tender documents. The name, identification, and number of
lots (contracts) of this Tender Document are specified in the Tender Data Sheet.

2. Fraud and Corruption

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

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

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

2.4 Unfair Competitive Advantage -Fairness and transparency in the tender process require that
the Firms or their Affiliates competing for a specific assignment do not derive a competitive
advantage from having provided consulting services related to this tender being tendered for.
The Procuring Entity shall 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.

3. Eligible Tenderers

3.1 A Tenderer may be a firm that is a private entity, a state-owned enterprise or institution subject
to ITT 3.7 or any combination of such entities in the form of a joint venture (JV) under an existing
agreement or with the intent to enter into such an agreement supported by a letter of intent.
Public employees and their close relatives (spouses, children, brothers, sisters and uncles and aunts)
are not eligible to participate in the tender. In the case of a joint venture, all members shall be
jointly and severally liable for the execution of the entire Contract in accordance with the
Contract terms. The JV shall nominate a Representative who shall have the authority to conduct
all business for and on behalf of any and all the members of the JV during the tendering process
and, in the event the JV is awarded the Contract, during contract execution. The maximum
number of JV members shall be specified in the TDS.

3.2 Public Officers of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister. Child,
Parent, Brother or Sister of a Spouse, their business associates or agents and firms/organizations
in which they have a substantial or controlling interest shall not be eligible to tender or be awarded

11
 a contract. Public Officers are also not allowed to participate in any procurement proceedings.

3.3 A Tenderer shall not have a conflict of interest. Any tenderer found to have a conflict of interest
shall be disqualified. A tenderer may be considered to have a conflict of interest for the purpose of
this tendering process, if the tenderer:
a) Directly or indirectly controls, is controlled by or is under common control with another
tenderer; or
b) Receives or has received any direct or indirect subsidy from another tenderer; or
c) Has the same legal representative as another tenderer; or
d) Has a relationship with another tenderer, directly or through common third parties, that
puts it in a position to influence the tender of another tenderer, or influence the decisions of
the Procuring Entity regarding this tendering process; or
e) Any of its affiliates participated as a consultant in the preparation of the design or technical
specifications of the works that are the subject of the tender; or
f) any of its affiliates has been hired (or is proposed to be hired) by the Procuring Entity as
Engineer for the Contract implementation; or
g) Would be providing goods, works, or non-consulting services resulting from or directly
related to consulting services for the preparation or implementation of the contract
specified in this Tender Document or
h) Has a close business or family relationship with a professional staff of the Procuring Entity
who:
i) are directly or indirectly involved in the preparation of the Tender document or
specifications of the Contract, and/or the Tender evaluation process of such contract;
or

ii) would be involved in the implementation or supervision of such Contract unless the
conflict stemming from such relationship has been resolved in a manner acceptable
to the Procuring Entity throughout the tendering process and execution of the
Contract.

3.4 A tenderer shall not be involved in corrupt, coercive, obstructive, collusive or fraudulent practice.
A tenderer that is proven to have been involved any of these practices shall be automatically
disqualified.

3.5 A Tenderer (either individually or as a JV member) shall not participate in more than one
Tender, except for permitted alternative tenders. This includes participation as a subcontractor
in other Tenders. Such participation shall result in the disqualification of all Tenders in which the
firm is involved. A firm that is not a tenderer or a JV member may participate as a subcontractor
in more than one tender. Members of a joint venture may not also make an individual tender, be
a subcontractor in a separate tender or be part of another joint venture for the purposes of the
same Tender.

3.6 A Tenderer may have the nationality of any country, subject to the restrictions pursuant to ITT
4.8.A Tenderer shall be deemed to have the nationality of a country if the Tenderer is constituted,
incorporated or registered in and operates in conformity with the provisions of the laws of that
country, as evidenced by its articles of incorporation (or equivalent documents of constitution or
association) and its registration documents, as the case may be. This criterion also shall apply to
the determination of the nationality of proposed subcontractors or sub- consultants for any part
of the Contract including related Services.

3.7 Tenderer that has been debarred from participating in public procurement shall be ineligible to
tender or be awarded a contract. The list of debarred firms and individuals is available from the
website of PPRA www.ppra.go.ke.

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 3.8 Tenderers that are state-owned enterprises or institutions may be eligible to compete and be
awarded a Contract(s) only if they are accredited by PPRA to be (i) a legal public entity of the
state Government and/or public administration, (ii) financially autonomous and not receiving
any significant subsidies or budget support from any public entity or Government, and (iii)
operating under commercial law and vested with legal rights and liabilities similar to any
commercial enterprise to enable it compete with firms in the private sector on an equal basis.

3.9 A Firms and individuals may be ineligible if their countries of origin (a) as a matter of law or official
regulations, Kenya prohibits commercial relations with that country, or (b) by an act of
compliance with a decision of the United Nations Security Council taken under Chapter VII of the
Charter of the United Nations, Kenya prohibits any import of goods or contracting of works or
services from that country, or any payments to any country, person, or entity in that country. A
tenderer shall provide such documentary evidence of eligibility satisfactory to the Procuring
Entity, as the Procuring Entity shall reasonably request.

3.10 Foreign tenderers are required to source at least forty (40%) percent of their contract
inputs (in supplies, subcontracts and labor) from national suppliers and contractors. To this end, a
foreign tenderer shall provide in its tender documentary evidence that this requirement is met.
Foreign tenderers not meeting this criterion will be automatically disqualified. Information
required to enable the Procuring Entity determine if this condition is met shall be provided in for
this purpose is be provided in “SECTION III - EVALUATION AND QUALIFICATION CRITERIA, Item 9”.

3.11 Pursuant to the eligibility requirements of ITT 4.10, a tender is considered a foreign
tenderer, if the tenderer is not registered in Kenya or if the tenderer is registered in Kenya and has
less than 51 percent ownership by KenyanCitizens. JVs are considered as foreign tenderers if the
individual member firms are not registered in Kenya or if are registered in Kenya and have less
than 51 percent ownership by Kenyan citizens. The JV shall not subcontract to foreign firms more
than 10 percent of the contract price, excluding provisional sums.

3.12 The National Construction Authority Act of Kenya requires that all local and foreign
contractors be registered with the National Construction Authority and be issued with a
Registration Certificate before they can undertake any construction works in Kenya.
Registration shall not be a condition for tender, but it shall be a condition of contract award and
signature. A selected tenderer shall be given opportunity to register before such award and
signature of contract. Application for registration with National Construction Authority may be
accessed from the website www.nca.go.ke.

3.13 The Competition Act of Kenya requires that firms wishing to tender as Joint Venture
undertakings which may prevent, distort or lessen competition in provision of services are
prohibited unless they are exempt in accordance with the provisions of Section 25 of the
Competition Act, 2010. JVs will be required to seek for exemption from the Competition
Authority. Exemption shall not be a condition for tender, but it shall be a condition of contract
award and signature. A JV tenderer shall be given opportunity to seek such exemption as a
condition of award and signature of contract. Application for exemption from the Competition
Authority of Kenya may be accessed from the website www.cak.go.ke

3.14 A Kenyan tenderer shall provide evidence of having fulfilled his/her tax obligations by
producing a valid tax clearance certificate or tax exemption certificate issued by the Kenya
Revenue Authority.

4. Eligible Goods, Equipment, and Services

4.1 Goods, equipment and services to be supplied under the Contract may have their origin in any
country that is not eligible under ITT 3.9. At the Procuring Entity's request, Tenderers may be
required to provide evidence of the origin of Goods, equipment and services.

4.2 Any goods, works and production processes with characteristics that have been declared by the
13
 relevant national environmental protection agency or by other competent authority as harmful
to human beings and to the environment shall not be eligible for procurement.

5. Tenderer's Responsibilities

5.1 The tenderer shall bear all costs associated with the preparation and submission of his/her tender,
and the Procuring Entity will in no case be responsible or liable for those costs.

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

5.3 The Tenderer and any of its personnel or agents will be granted permission by the Procuring
Entity to enter upon its premises and lands for the purpose of such visit. The Tenderer shall
indemnify the Procuring Entity against all liability arising from death or personal injury, loss of or
damage to property, and any other losses and expenses incurred as a result of the inspection.

5.4 The tenderer shall provide in the Form of Tender and Qualification Information, a preliminary
description of the proposed work method and schedule, including charts, as necessary or
required.

B. Contents of Tender Documents

6. Sections of Tender Document

6.1 The tender document consists of Parts 1, 2, and 3, which includes all the sections specified
below, and which should be read in conjunction with any Addenda issued in accordance with ITT 8.
PART 1 Tendering Procedures
i) Section I - Instructions to Tenderers (ITT)
ii) Section II - Tender Data Sheet (TDS)
iii) Section III - Evaluation and Qualification Criteria
iv) Section IV - Tendering Forms

PART 2 Works Requirements

i) Section V - Drawings
ii) Section VI - Specifications
iii) Section VII - Bills of Quantities

PART 3 Conditions of Contract and Contract Forms

i) Section VIII - General Conditions of Contract (GCC)
ii) Section IX - Special Conditions of Contract (SC)
iii) Section X - Contract Forms

6.2 The Invitation to Tender Document (ITT) issued by the Procuring Entity is not part of the Contract
documents.

6.3 Unless obtained directly from the Procuring Entity, the Procuring Entity is not responsible for the
completeness of the Tender document, responses to requests for clarification, the minutes of the
pre-Tender meeting (if any), or Addenda to the Tender document in accordance with ITT 8. In case
of any contradiction, documents obtained directly from the Procuring Entity shall prevail.

The Tenderer is expected to examine all instructions, forms, terms, and specifications in the
Tender Document and to furnish with its Tender all information and documentation as is
14
 required by the Tender document.

7. Site Visit

7.1 The Tenderer, at the Tenderer's own responsibility and risk, is encouraged to visit and examine and
inspect the Site of the Required Services and its surroundings and obtain all information that may be
necessary for preparing the Tender and entering into a contract for the Services. The costs of visiting
the Site shall be at the Tenderer's own expense.

8. Pre-Tender Meeting

8.1 The Procuring Entity shall specify in the TDS if a pre-tender meeting will be held, when and where.
The Procuring Entity shall also specify in the TDS if a pre-arranged pretender site visit will be held
and when. The Tenderer's designated representative is invited to attend a pre-arranged
pretender visit of the site of the works. The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage.

8.2 The Tenderer is requested to submit any questions in writing, to reach the Procuring Entity not
later than the period specified in the TDS before the meeting.

8.3 Minutes of the pre-Tender meeting and the pre-arranged pretender site visit of the site of the
works, if applicable, including the text of the questions asked by Tenderers and the responses
given, together with any responses prepared after the meeting, will be transmitted promptly to
all Tenderers who have acquired the Tender Documents in accordance with ITT 6.3. Minutes shall
not identify the source of the questions asked.

8.4 The Procuring Entity shall also promptly publish anonym zed (no names) Minutes of the pre-Tender
meeting and the pre-arranged pretender visit of the site of the works at the web page identified in
the TDS. Any modification to the Tender Documents that may become necessary as a result of the
pre-tender meeting and the pre-arranged pretender site visit, shall be made by the Procuring Entity
exclusively through the issue of an Addendum pursuant to ITT 8 and not through the minutes of the
pre-Tender meeting. Nonattendance at the pre-Tender meeting will not be a cause for
disqualification of a Tenderer.
9. Clarification and amendments of Tender Documents

9.1 A Tenderer requiring any clarification of the Tender Document shall contact the Procuring Entity in
writing at the Procuring Entity's address specified in the TDS or raise its enquiries during the pre-
Tender meeting and the pre- arranged pretender visit of the site of the works if provided for in
accordance with ITT 8.4. The Procuring Entity will respond in writing to any request for
clarification, provided that such request is received no later than the period specified in the TDS
prior to the deadline for submission of tenders. The Procuring Entity shall forward copies of its
response to all tenderers who have acquired the Tender Documents in accordance with ITT 6.3,
including a description of the inquiry but without identifying its source. If specified in the TDS, the
Procuring Entity shall also promptly publish its response at the web page identified in the TDS.
Should the clarification result in changes to the essential elements of the Tender Documents, the
Procuring Entity shall amend the Tender Documents appropriately following the procedure under
ITT 8.4.

10. Amendment of Tendering Document

10.1 At any time prior to the deadline for submission of Tenders, the Procuring Entity may amend
the Tendering document by issuing addenda.

10.2 Any addendum issued shall be part of the tendering document and shall be communicated in
writing to all who have obtained the tendering document from the Procuring Entity in
15
 accordance with ITT 6.3. The Procuring Entity shall also promptly publish the addendum on the
Procuring Entity's web page in accordance with ITT 8.4.

10.3 To give prospective Tenderers reasonable time in which to take an addendum into account in
preparing their Tenders, the Procuring Entity shall extend, as necessary, the deadline for
submission of Tenders, in accordance with ITT 25.2 below.

C. Preparation of Tenders

11. Cost of Tendering

11.1 The Tenderer shall bear all costs associated with the preparation and submission of its Tender,
and the Procuring Entity shall not be responsible or liable for those costs, regardless of the
conduct or outcome of the tendering process.

12. Language of Tender

12.1 The Tender, as well as all correspondence and documents relating to the tender exchanged by the
tenderer and the Procuring Entity, shall be written in the English Language. Supporting documents
and printed literature that are part of the Tender may be in another language provided they are
accompanied by an accurate and notarized translation of the relevant passages into the English
Language, in which case, for purposes of interpretation of the Tender, such translation shall govern.

13. Documents Comprising the Tender

13.1 The Tender shall comprise the following:

a) Form of Tender prepared in accordance with ITT 14;
b) Schedules including priced Bill of Quantities, completed in accordance with ITT 14 and ITT
16;
c) Tender Security or Tender-Securing Declaration, in accordance with ITT 21.1;
d) Alternative Tender, if permissible, in accordance with ITT 15;
e) Authorization: written confirmation authorizing the signatory of the Tender to commit
the Tenderer, in accordance with ITT 22.3;
f) Qualifications: documentary evidence in accordance with ITT 19establishing the
Tenderer's qualifications to perform the Contract if its Tender is accepted;
g) Conformity: a technical proposal in accordance with ITT 18;
h) Any other document required in the TDS.

13.2 In addition to the requirements under ITT 11.1, Tenders submitted by a JV shall include a copy
of the Joint Venture Agreement entered into by all members. Alternatively, a letter of intent to
execute a Joint Venture Agreement in the event of a successful Tender shall be signed by all
members and submitted with the Tender, together with a copy of the proposed Agreement. The
Tenderer shall chronologically serialize pages of all tender documents submitted.

13.3 The Tenderer shall furnish in the Form of Tender information on commissions and gratuities, if
any, paid or to be paid to agents or any other party relating to this Tender.

14. Form of Tender and Schedules

14.1 The Form of Tender and Schedules, including the Bill of Quantities, shall be prepared using the
relevant forms furnished in Section IV, Tendering Forms. The forms must be completed without
any alterations to the text, and no substitutes shall be accepted except as provided under ITT
20.3. All blank spaces shall be filled in with the information requested.

15. Alternative Tenders

16
15.1 Unless otherwise specified in the TDS, alternative Tenders shall not be considered.

15.2 When alternative times for completion are explicitly invited, a statement to that effect will be
included in the TDS, and the method of evaluating different alternative times for completion will
be described in Section III, Evaluation and Qualification Criteria.

15.3 Except as provided under ITT 13.4 below, Tenderers wishing to offer technical alternatives to
the requirements of the Tender Documents must first price the Procuring Entity's design as
described in the Tender Documents and shall further provide all information necessary for a
complete evaluation of the alternative by the Procuring Entity, including drawings, design
calculations, technical specifications, breakdown of prices, and proposed construction
methodology and other relevant details. Only the technical alternatives, if any, of the Tenderer
with the Winning Tender conforming to the basic technical requirements shall be considered by
the Procuring Entity. When specified in the TDS, Tenderers are permitted to submit alternative
technical solutions for specified parts of the Works, and such parts will be identified in the TDS,
as will the method for their evaluating, and described in Section VII, Works' Requirements.

16. Tender Prices and Discounts

16.1 The prices and discounts (including any price reduction) quoted by the Tenderer in the Form of
Tender and in the Bill of Quantities shall conform to the requirements specified below.

16.2 The Tenderer shall fill in rates and prices for all items of the Works described in the Bill of
Quantities. Items against which no rate or price is entered by the Tenderer shall be deemed
covered by the rates for other items in the Bill of Quantities and will not be paid for separately
by the Procuring Entity. An item not listed in the priced Bill of Quantities shall be assumed to be
not included in the Tender, and provided that the Tender is determined substantially responsive
notwithstanding this omission, the average price of the item quoted by substantially responsive
Tenderers will be added to the Tender price and the equivalent total cost of the Tender so
determined will be used for price comparison.

16.3 The price to be quoted in the Form of Tender, in accordance with ITT 14.1, shall be the total
price of the Tender, including any discounts offered.

16.4 The Tenderer shall quote any discounts and the methodology for their application in the Form
of Tender, in accordance with ITT 14.1.

16.5 It will be specified in the TDS if the rates and prices quoted by the Tenderer are or are not
subject to adjustment during the performance of the Contract in accordance with the provisions of
the Conditions of Contract, except in cases where the contract is subject to fluctuations and
adjustments, not fixed price. In such a case, the Tenderer shall furnish the indices and weightings
for the price adjustment formulae in the Schedule of Adjustment Data and the Procuring Entity
may require the Tenderer to justify its proposed indices and weightings.

16.6 Where tenders are being invited for individual lots (contracts)or for any combination of lots
(packages), tenderers wishing to offer discounts for the award of more than one Contract shall
specify in their Tender the price reductions applicable to each package, or alternatively, to
individual Contracts within the package. Discounts shall be submitted in accordance with ITT
16.4, provided the Tenders for all lots (contracts) are opened at the same time.

16.7 All duties, taxes, and other levies payable by the Contractor under the Contract, or for any
other cause, as of the date 30 days prior to the deadline for submission of Tenders, shall be
included in the rates and prices and the total Tender Price submitted by the Tenderer.

17. Currencies of Tender and Payment

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17.1 Tenderers shall quote entirely in Kenya Shillings. The unit rates and the prices shall be quoted by
the Tenderer in the Bill of Quantities, entirely in Kenya shillings. A Tenderer expecting to incur
expenditures in other currencies for inputs to the Works supplied from outside Kenya shall device
own ways of getting foreign currency to meet those expenditures.

18. Documents Comprising the Technical Proposal

18.1 The Tenderer shall furnish a technical proposal including a statement of work methods,
equipment, personnel, schedule and any other information as stipulated in Section IV, Tender
Forms, in sufficient detail to demonstrate the adequacy of the Tenderer's proposal to meet the
work's requirements and the completion time.

19. Documents Establishing the Eligibility and Qualifications of the Tenderer

19.1 Tenderers shall complete the Form of Tender, included in Section IV, Tender Forms, to establish
Tenderer's eligibility in accordance with ITT 4.

19.2 In accordance with Section III, Evaluation and Qualification Criteria, to establish its qualifications
to perform the Contract the Tenderer shall provide the information requested in the
corresponding information sheets included in Section IV, Tender Forms.

19.3 A margin of preference will not be allowed. Preference and reservations will be allowed,
individually or in joint ventures. Applying for eligibility for Preference and reservations shall
supply all information required to satisfy the criteria for eligibility specified in accordance with ITT
33.1.

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

19.5 The purpose of the information described in ITT 19.4 above overrides any claims to
confidentiality which a tenderer may have. There can be no circumstances in which it would be
justified for a tenderer to keep information relating to its ownership and control confidential
where it is tendering to undertake public sector work and receive public sector funds. Thus,
confidentiality will not be accepted by the Procuring Entity as a justification for a Tenderer's
failure to disclose, or failure to provide required information on its ownership and control.

19.6 The Tenderer shall provide further documentary proof, information or authorizations that the
Procuring Entity may request in relation to ownership and control which information on any
changes to the information which was provided by the tenderer under ITT 6.3. The obligations to
require this information shall continue for the duration of the procurement process and contract
performance and after completion of the contract, if any change to the information previously
provided may reveal a conflict of interest in relation to the award or management of the contract.

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

19.8 If a tenderer fails to submit the information required by these requirements, its tender will be

18
 rejected. Similarly, if the Procuring Entity is unable, after taking reasonable steps, to verify to a
reasonable degree the information submitted by a tenderer pursuant to these requirements,
then the tender will be rejected.

19.9 If information submitted by a tenderer pursuant to these requirements, or obtained by the

Procuring Entity (whether through its own enquiries, through notification by the public or
otherwise), shows any conflict of interest which could materially and improperly benefit the
tenderer in relation to the procurement or contract management process, then:

i) if the procurement process is still ongoing, the tenderer will be disqualified from the
procurement process,
ii) if the contract has been awarded to that tenderer, the contract award will be set aside,
iii) the tenderer will be referred to the relevant law enforcement authorities for investigation
of whether the tenderer or any other persons have committed any criminal offence.

19.10 If a tenderer submits information pursuant to these requirements that is incomplete, inaccurate
or out-of-date, or attempts to obstruct the verification process, then the consequences ITT 6.7
will ensue unless the tenderer can show to the reasonable satisfaction of the Procuring Entity
that any such act was not material, or was due to genuine error which was not attributable to the
intentional act, negligence or recklessness of the tenderer.

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 (as prescribed by
the Procuring Entity in accordance with ITT 24). A Tender valid for a shorter period shall be
rejected by the Procuring Entity as non-responsive.

20.2 In exceptional circumstances, prior to the expiration of the Tender validity period, the
Procuring Entity may request Tenderers to extend the period of validity of their Tenders. The
request and the responses shall be made in writing. If a Tender Security is requested in
accordance with ITT 21.1, it shall also be extended for thirty (30) days beyond the deadline of the
extended validity period. A Tenderer may refuse the request without forfeiting its Tender
security. A Tenderer granting the request shall not be required or permitted to modify its Tender,
except as provided in ITT 20.3.

20.3 If the award is delayed by a period exceeding the number of days to be specified in the TDS days
beyond the expiry of the initial tender validity period, the Contract price shall be determined as
follows:
a) in the case of fixed price contracts, the Contract price shall be the tender price adjusted
by the factor specified in the TDS;
b) in the case of adjustable price contracts, no adjustment shall be made; or in any case,
tender evaluation shall be based on the tender price without taking into consideration the
applicable correction from those indicated above.

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

21.2 If a Tender Security is specified pursuant to ITT 19.1, the Tender Security shall be a demand
guarantee in any of the following forms at the Tenderer's option:

19
 a) an unconditional Bank Guarantee issued by reputable commercial bank); or
b) an irrevocable letter of credit;
c) a Banker's cheque issued by a reputable commercial bank; or
d) another security specified in the TDS,

21.3 If an unconditional bank guarantee is issued by a bank located outside Kenya, the issuing bank
shall have a correspondent bank located in Kenya to make it enforceable. The Tender Security
shall be valid for thirty (30) days beyond the original validity period of the Tender, or beyond any
period of extension if requested under ITT 20.2.

21.4 If a Tender Security or Tender-Securing Declaration is specified pursuant to ITT 19.1, any
Tender not accompanied by a substantially responsive Tender Security or Tender-Securing
Declaration shall be rejected by the Procuring Entity as non-responsive.

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

21.6 The Tender Security of the successful Tenderer shall be returned as promptly as possible once
the successful Tenderer has signed the Contract and furnished the required Performance
Security, and any other documents required in the TDS.

21.7 The Tender Security may be forfeited or the Tender-Securing Declaration executed:
e) if a Tenderer withdraws its Tender during the period of Tender validity specified by the
Tenderer on the Form of Tender, or any extension thereto provided by the Tenderer; or
f) if the successful Tenderer fails to:
i) sign the Contract in accordance with ITT 50; or
ii) furnish a Performance Security and if required in the TDS, and any other documents
required in the TDS.

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

21.9 The Tender Security or the Tender-Securing Declaration of a JV shall be in the name of the JV
that submits the Tender. If the JV has not been legally constituted into a legally enforceable JV
at the time of tendering, the Tender Security or the Tender-Securing Declaration shall be in the
names of all future members as named in the letter of intent referred to in ITT 4.1 and ITT 11.2.

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

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 and clearly mark it “ORIGINAL.” Alternative Tenders, if permitted in accordance with
ITT 15, shall be clearly marked “ALTERNATIVE.” In addition, the Tenderer shall submit copies of
the Tender, in the number specified in the TDS and clearly mark them “COPY.” In the event of
any discrepancy between the original and the copies, the original shall prevail.

22.2 Tenderers shall mark as “CONFIDENTIAL” all information in their Tenders which is confidential
to their business. This may include proprietary information, trade secrets, or commercial or
financially sensitive information.
20
22.3 The original and all copies of the Tender shall be typed or written in indelible ink and shall be
signed by a person duly authorized to sign on behalf of the Tenderer. This authorization shall
consist of a written confirmation as specified in the TDS and shall be attached to the Tender. The
name and position held by each person signing the authorization must be typed or printed below
the signature. All pages of the Tender where entries or amendments have been made shall be
signed or initialed by the person signing the Tender.

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

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

D. Submission and Opening of Tenders

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 ITT 11; and
b) in an envelope or package or container marked “COPIES”, all required copies of the Tender;
and
c) if alternative Tenders are permitted in accordance with ITT 15, and if relevant:
i) in an envelope or package or container marked “ORIGINAL –ALTERNATIVE
TENDER”, the alternative Tender; and
ii) in the envelope or package or container marked “COPIES- ALTERNATIVE TENDER”,
all required copies of the alternative Tender.

The inner envelopes or packages or containers shall:

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

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

24. Deadline for Submission of Tenders

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

24.2 The Procuring Entity may, at its discretion, extend the deadline for the submission of Tenders by
amending the Tender Documents in accordance with ITT 8, in which case all rights and obligations
of the Procuring Entity and Tenderers previously subject to the deadline shall thereafter be
subject to the deadline as extended.
21
25. Late Tenders

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

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 an authorized representative, and shall include a copy of the
authorization in accordance with ITT 22.3, (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 22 and ITT 23 (except that withdrawals
notices do not require copies), and in addition, the respective envelopes shall be clearly
marked “WITHDRAWAL,” “SUBSTITUTION,” “MODIFICATION;”and
b) received by the Procuring Entity prior to the deadline prescribed for submission of Tenders,
in accordance with ITT 24.

26.2 Tenders requested to be withdrawn in accordance with ITT 26.1 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 in the cases specified in ITT 23 and ITT 26.2, the Procuring Entity shall publicly open and
read out all Tenders received by the deadline, at the date, time and place specified in the TDS, in
the presence of Tenderers' designated representatives who chooses to attend. Any specific
electronic Tender opening procedures required if electronic Tendering is permitted in accordance
with ITT 24.1, shall be as specified in the TDS.

27.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelopes with
the corresponding Tender shall not be opened, but returned to the Tenderer. No Tender
withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid
authorization to request the withdrawal and is read out at Tender opening.

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

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

27.5 Next, all remaining envelopes shall be opened one at a time, reading out: the name of the
Tenderer and whether there is a modification; the total Tender Price, per lot (contract) if
applicable, including any discounts and alternative Tenders; the presence or absence of a Tender
Security or Tender-Securing Declaration, if required; and any other details as the Procuring
22
 Entity may consider appropriate.

27.6 Only Tenders, alternative Tenders and discounts that are opened and read out at Tender
opening shall be considered further for evaluation. The Form of Tender and pages of the Bills of
Quantities are to be initialed by the members of the tender opening committee attending the
opening. The number of representatives of the Procuring Entity to sign shall be specified in the
TDS.

27.7 At the Tender Opening, the Procuring Entity shall neither discuss the merits of any Tender nor
reject any Tender (except for late Tenders, in accordance with ITT 25.1).

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

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

E. Evaluation and Comparison of Tenders

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 Tender
process until information on Intention to Award the Contract is transmitted to all Tenderers in
accordance with ITT 46.

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

28.3 Notwithstanding ITT 28.2, from the time of tender opening to the time of contract award, if a
tenderer wishes to contact the Procuring Entity on any matter related to the tendering process,
it shall do so in writing.

29. Clarification of Tenders

29.1 To assist in the examination, evaluation, and comparison of the tenders, and qualification of the
tenderers, the Procuring Entity may, at its discretion, ask any tenderer for a clarification of its
tender, given a reasonable time for a response. Any clarification submitted by a tenderer that is
not in response to a request by the Procuring Entity shall not be considered. The Procuring
Entity's request for clarification and the response shall be in writing. No change, including any
voluntary increase or decrease, in the prices or substance of the tender shall be sought, offered,
or permitted, except to confirm the correction of arithmetic errors discovered by the Procuring
Entity in the evaluation of the tenders, in accordance with ITT 33.

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

30. Deviations, Reservations, and Omissions

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30.1 During the evaluation of tenders, the following definitions apply:
a) “Deviation” is a departure from the requirements specified in the tender document;
b) “Reservation” is the setting of limiting conditions or withholding from complete
acceptance of the requirements specified in the tender document; and
c) “Omission” is the failure to submit part or all of the information or documentation required
in the Tender document.

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 13.

31.2 A substantially responsive Tender is one that meets the requirements of the Tender document
without material deviation, reservation, or omission. A material deviation, reservation, or
omission is one that, if accepted, would:
a) affect in any substantial way the scope, quality, or performance of the Works specified in the
Contract; or
b) limit in any substantial way, inconsistent with the tender document, the Procuring Entity's
rights or the tenderer's obligations under the proposed contract; or
c) if rectified, would unfairly affect the competitive position of other tenderers presenting
substantially responsive tenders.

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

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

32. Non-material Non-conformities

32.1 Provided that a tender is substantially responsive, the Procuring Entity may waive any non-
conformities in the tender.

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

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

33. Arithmetical Errors

33.1 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.

33.2 Provided that the Tender is substantially responsive, the Procuring Entity shall handle errors
on the following basis:
24
 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, and
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

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

34. Currency provisions

34.1 Tenders will priced be in Kenya Shillings only. Tenderers quoting in currencies other than in Kenya
shillings will be determined non-responsive and rejected.

35. Margin of Preference and Reservations

35.1 No margin of preference shall be allowed on contracts for small works.

35.2 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
those specified groups are the only ones eligible to tender. Otherwise if no so stated, the invitation
will be open to all tenderers.

36. Nominated Subcontractors

36.1 Unless otherwise stated in the TDS, the Procuring Entity does not intend to execute any specific
elements of the Works by subcontractors selected in advance by the Procuring Entity.

36.2 Tenderers may propose subcontracting up to the percentage of total value of contracts or the
volume of works as specified in the TDS. Subcontractors proposed by the Tenderer shall be fully
qualified for their parts of the Works.

36.3 The subcontractor's qualifications shall not be used by the Tenderer to qualify for the Works
unless their specialized parts of the Works were previously designated by the Procuring Entity in
the TDS as can be met by subcontractors referred to hereafter as 'Specialized Subcontractors', in
which case, the qualifications of the Specialized Subcontractors proposed by the Tenderer may be
added to the qualifications of the Tenderer.

37. Evaluation of Tenders

37.1 The Procuring Entity shall use the criteria and methodologies listed in this ITT and Section III,
Evaluation and Qualification Criteria. No other evaluation criteria or methodologies shall be
permitted. By applying the criteria and methodologies the Procuring Entity shall determine the
Best Evaluated Tender in accordance with ITT 40.

37.2 To evaluate a Tender, the Procuring Entity shall consider the following:
a) price adjustmentdue to discounts offered in accordance with ITT 16;
b) converting the amount resulting from applying (a) and (b) above, if relevant, to a single
currency in accordance with ITT39;
c) price adjustment due to quantifiable nonmaterial non-conformities in accordance with ITT
30.3; and
d) any additional evaluation factors specified in the TDS and Section III, Evaluation and
Qualification Criteria.
25
37.3 The estimated effect of the price adjustment provisions of the Conditions of Contract, applied
over the period of execution of the Contract, shall not be considered in Tender evaluation.

37.4 In the case of multiple contracts or lots, Tenderers shall be allowed to tender for one or more lots
and the methodology to determine the lowest evaluated cost of the lot (contract) combinations,
including any discounts offered in the Form of Tender, is specified in Section III, Evaluation and
Qualification Criteria.
38. Comparison of Tenders

38.1 The Procuring Entity shall compare the evaluated costs of all substantially responsive Tenders
established in accordance with ITT 38.2 to determine the Tender that has the lowest evaluated
cost.

39. Abnormally Low Tenders

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

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

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

40. Abnormally High Tenders

40.1 An abnormally high price is one where the tender price, in combination with other constituent
elements of the Tender, appears unreasonably too high to the extent that the Procuring Entity
is concerned that it (the Procuring Entity) may not be getting value for money or it may be paying
too high a price for the contract compared with market prices or that genuine competition
between Tenderers is compromised.

40.2 In case of an abnormally high tender price, the Procuring Entity shall make a survey of the
market prices, check if the estimated cost of the contract is correct and review the Tender
Documents to check if the specifications, scope of work and conditions of contract are
contributory to the abnormally high tenders. The Procuring Entity may also seek written
clarification from the tenderer on the reason for the high tender price. The Procuring Entity shall
proceed as follows:
i) If the tender price is abnormally high based on wrong estimated cost of the contract, the
Procuring Entity may accept or not accept the tender depending on the Procuring Entity's
budget considerations.
ii) If specifications, scope of work and/or conditions of contract are contributory to the
abnormally high tender prices, the Procuring Entity shall reject all tenders and may
retender for the contract based on revised estimates, specifications, scope of work and
conditions of contract, as the case may be.

40.3 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,
26
 before retendering.

41. Unbalanced and/or Front-Loaded Tenders

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

41.2 After the evaluation of the information and detailed price analyses presented by the Tenderer,
the Procuring Entity may as appropriate:
a) accept the Tender; or
b) require that the total amount of the Performance Security be increased at the expense of
the Tenderer to a level not exceeding a 30% of the Contract Price; or
c) agree on a payment mode that eliminates the inherent risk of the Procuring Entity paying
too much for undelivered works;or
d) reject the Tender,
42. Qualifications of the Tenderer

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

42.2 The determination shall be based upon an examination of the documentary evidence of the
Tenderer's qualifications submitted by the Tenderer, pursuant to ITT 19. The determination
shall not take into consideration the qualifications of other firms such as the Tenderer's
subsidiaries, parent entities, affiliates, subcontractors (other than Specialized Subcontractors if
permitted in the Tender document), or any other firm(s) different from the Tenderer.

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

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

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

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

43. Best Evaluated Tender

43.1 Having compared the evaluated prices of Tenders, the Procuring Entity shall determine the
Best Evaluated Tender. The Best Evaluated Tender is the Tender of the Tenderer that meets the
Qualification Criteria and whose Tender has been determined to be:
27
 a) Most responsive to the Tender document; and
b) the lowest evaluated price.

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

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

F. Award of Contract

45. Award Criteria

45.1 The Procuring Entity shall award the Contract to the successful tenderer whose tender has been
determined to be the Lowest Evaluated Tender.

46. Notice of Intention to enter into a Contract

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

47. Standstill Period

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

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

48. Debriefing by the Procuring Entity

48.1 On receipt of the Procuring Entity's Notification of Intention to Enter into a Contract referred
to in ITT 46, an unsuccessful tenderer may make a written request to the Procuring Entity for a
debriefing on specific issues or concerns regarding their tender. The Procuring Entity shall
provide the debriefing within five days of receipt of the request.

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

49. Letter of Award

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49.1 Prior to the expiry of the Tender Validity Period and upon expiry of the Standstill Period specified
in ITT 42.1, upon addressing a complaint that has been filed within the Standstill Period, the
Procuring Entity shall transmit the Letter of Award to the successful Tenderer. The letter of award
shall request the successful tenderer to furnish the Performance Security within 21days of the
date of the letter.

50. Signing ofContract

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

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

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

51. Appointment of Adjudicator

51.1 The Procuring Entity proposes the person named in the TDS to be appointed as Adjudicator
under the Contract, at the hourly fee specified in the TDS, plus reimbursable expenses. If the
Tenderer disagrees with this proposal, the Tenderer should so state in his Tender. If, in the Letter
of Acceptance, the Procuring Entity does not agree on the appointment of the Adjudicator, the
Procuring Entity will request the Appointing Authority designated in the Special Conditions of
Contract (SCC) pursuant to Clause 23.1 of the General Conditions of Contract (GCC), to appoint
the Adjudicator.

52. Performance Security

52.1 Within twenty-one (21) days of the receipt of the Letter of Acceptance from the Procuring Entity,
the successful Tenderer shall furnish the Performance Security and, any other documents
required in the TDS, in accordance with the General Conditions of Contract, subject to ITT 40.2
(b), using the Performance Security and other Forms included in Section X, Contract Forms, or
another form acceptable to the Procuring Entity. A foreign institution providing a bank
guarantee shall have a correspondent financial institution located in Kenya, unless the Procuring
Entity has agreed in writing that a correspondent bank is not required.

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

52.3 Performance security shall not be required for contracts estimated to cost less than Kenya
shillings five million shillings.

53. Publication of Procurement Contract

53.1 Within fourteen days after signing the contract, the Procuring Entity shall publish the awarded
contract at its notice boards and websites; and on the Website of the Authority. At the minimum,
the notice shall contain the following information:
a) name and address of the Procuring Entity;
b) name and reference number of the contract being awarded, a summary of its scope and
the selection method used;
c) the name of the successful Tenderer, the final total contract price, the contract duration.
29
 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.

54. Procurement Related Complaints and Administrative Review

54.1 The procedures for making Procurement-related Complaints are as specified in the TDS.

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

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Section II - Tender Data Sheet (TDS)

The following specific data shall complement, supplement, or amend the provisions in the
Instructions to Tenderers (ITT). Whenever there is a conflict, the provisions herein shall prevail
over those in ITT.

ITT PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS

Reference
A. General
ITT 1.1 The name of the contract is CONSTRUCTION OF A WATER PAN AT
NAKURIO LOKIRIAMA-LOLENGIPPI WARD, LOIMA SUB COUNTY,
A WATER PAN AT LORUS NANAM WARD, TURKANA WEST SUB
COUNTY AND DRILLING OF A BOREHOLE AT URUM LOCATION,
LOKIRIAMA-LORENGIPPI WARD, LOIMA SUB-COUNTY,
TURKANA COUNTY

The reference number of the Contract is

TENDER NO: WSTF/WVK/018/FY23-24

The number and identification of lots (contracts) comprising this

Tender are [insert number and identification of lots (contracts)]

Lot 1- CONSTRUCTION OF A WATER PAN AT NAKURIO

LOKIRIAMA-LONGERIPPI WARD, LOIMA SUB COUNTY
1. Construction of a 30,000m3 water pan at Nakurio
2. Construction of 2 No. 10m long cattle troughs
3. Fencing of the water pan areas with installation of 2 No. gates.
4. Construction of 2 no. cattle ramps

Lot 2- CONSTRUCTION OF A WATER PAN AT LORUS NANAM

WARD, TURKANA WEST SUB COUNTY
5. Construction of a 30,000m3 water pan at Lorus
6. Construction of 2 No. 10m long cattle troughs.
7. Fencing of the water pan areas with installation of 2 No. gates.
8. Construction of 2no. cattle ramps and Shallow Well.

Lot 3 - Name DRILLING OF A BOREHOLE AT URUM LOCATION,

LOKIRIAMA-LORENGIPPI WARD, LOIMA SUB-COUNTY
ITT 2.3 The Information made available on competing firms is as follows:

ITT 2.4 The firms that provided consulting services for the contract being
tendered for are: N/A
ITT 3.1 Maximum number of members in the Joint Venture (JV) shall be: JV
Not allowed
B. Contents of Tender Document
8.1 (A) Pre-Tender conference [insert “shall” or “shall not”] take place at the
following date, time and place:
(A) Pre-Tender conference [insert “shall” or “shall not”] take place at the
following date, time and place:
All interested bidders must participate in the Mandatory Pre-tender
site visit. A mandatory pretender site visit to be held on Tuesday 6th
31
ITT PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
Reference
February, 2024 at 10.00a.m. Meeting place will be the World Vision
– Kakuma Office. Bidders will show evidence of the visit through a
signed WVK confirmation certificate from the Project
Engineer/Project Manager.
ITT 8.2 The Tenderer will submit any questions in writing, to reach the
Procuring Entity not later than 3 working days before the closing date.

ITT 8.4 The Procuring Entity’s website where Minutes of the pre-Tender
meeting and the pre-arranged pretender site visit will be published is
World Vision Kenya

ITT 9.1 For Clarification of Tender purposes, for obtaining further information
and for purchasing tender documents, the Procuring Entity’s address
is:

World Vision, Kenya

Email: [email protected]
C. Preparation of Tenders
ITP 13.1 (h) The Tenderer shall submit the following additional documents in its
Tender: N/A

ITT 15.1 Alternative Tenders shall not be considered.

ITT 15.2 Alternative times for completion shall not be permitted.

ITT 15.4 Alternative technical solutions shall be permitted for the following
parts of the Works: N/A

ITT 16.5 The prices quoted by the Tenderer shall be: fixed

ITT 20.1 The Tender validity period shall be 126 days from the date of opening
bids.
ITT 21.1 A Tender Security shall be required.

Lot 1 and 2: Excavation of Nakurio and Lorus Water Pans

If a Tender Security shall be required, the amount and currency of the
Tender Security shall be Ksh. 200,000 for each waterpan in form of
• cash,
• a bank guarantee;
• a guarantee by an insurance company registered and licensed
by the Insurance Regulatory Authority listed by the Authority;
or
• a guarantee issued by a financial institution approved and
licensed by the Central Bank of Kenya
The tender security shall be valid for 156 days from the date of tender
opening.

ITT 22.1 In addition to the original of the Tender, the number of copies is: N/A
Electronic submission ONLY
ITT 22.3 The written confirmation of authorization to sign on behalf of the
32
 ITT PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
Reference
Tenderer shall consist of:
D.
Submission
and Opening
of Tenders
ITT 24.1 Electronically via the Coupa System
ITT 27.1 The Tender opening shall take place at the time and the address for
Opening of
Tenders provided below: 13th February, 2024 at 11:00 AM through
the link below.

https://shorturl.at/klvyM

ITT 27.1 If Tenderers are allowed to submit Tenders electronically, they shall
follow the electronic tender submission procedures specified below:

All documents should be submitted through the Coupa System. Access to

the system shall be given to bidders who register their email addresses.

Please find link below on how to respond with a bid in the system.

https://vimeo.com/269733916/f4a4a197a2

ITT 27.6
E.
Evaluation,
and
Comparison
of Tenders
ITT 32.3 The adjustment shall be based on the ____________ [insert “average” or
“highest”] price of the item or component as quoted in other
substantially responsive Tenders. If the price of the item or
component cannot be derived from the price of other substantially
responsive Tenders, the Procuring Entity shall use its best estimate.
Not Applicable
ITT 35.2 The invitation to tender is extended to the following groups that
qualify for Reservations N/A
ITT 36.1 At this time, the Procuring Entity does not intend to execute certain
specific parts of the Works by subcontractors selected in advance.
ITT 36.2
ITT 36.3 The parts of the Works for which the Procuring Entity permits Tenderers
to propose Specialized Subcontractors are designated as follows:
N/A
For the above-designated parts of the Works that may require
Specialized Subcontractors, the relevant qualifications of the proposed
Specialized Subcontractors will be added to the qualifications of the
Tenderer for the purpose of evaluation.
ITT 37.2 (d) Additional requirements apply. These are detailed in the evaluation
criteria in Section III, Evaluation and Qualification Criteria.
ITT 54.1 The procedures for making a Procurement-related Complaints are
33
ITT PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS
Reference
detailed in the “Regulations” available from the PPRA Website
www.ppra.go.ke or email [email protected]. If a Tenderer
wishes to make a Procurement-related Complaint, 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: Supply Chain

[email protected]

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

the following:

(i) The terms of the Tender Documents; and

(ii) The Procuring Entity’s decision to award the contract.

ITT 2.3 The Information made available on competing firms is as follows:

ITT 2.4 The firms that provided consulting services for the contract being
tendered for are: N/A
ITT 3.1 Maximum number of members in the Joint Venture (JV) shall be: JV
Not allowed
B. Contents
of Tender
Document
8.1 Pre-Tender conference shall ake place at the following date, time and
place:
6th February, 2024 at 10:00am at World Vision Office Kakuma
ITT 8.2 The Tenderer will submit any questions in writing, to reach the
Procuring Entity not later than 3 working days before the closing date.

34
 SECTION III - EVALUATION AND QUALIFICATION CRITERIA

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
subject to a maximum of 2 Lots.

Stage 1: Preliminary Examination for Determination of Responsiveness and Eligibility

In this stage, World Vision will examine all tenders to ensure they meet in all respects the
eligibility criteria and other requirements in the ITT, and that the tender is complete in all aspects
in meeting the requirements of “Part 2 – Procuring Entity's Works Requirements”, including
checking for tenders with unacceptable errors, abnormally low tenders, abnormally high tenders
and tenders that are front loaded. Tenders that do not meet all requirements at the Preliminary
examination will be considered non-responsive and will not be considered forfurther evaluation.

Mandatory Eligibility Criteria

No. Completeness and Responsiveness Criteria Requirement Y/N
1. Valid Tax Compliance Certificate Copy of current certificate
2. Civil, building and Water works category Attach copies of registration and
NCA6 & Above and / or registration as Water licenses
Resource Contractor by the Ministry of
Water, Sanitation and Irrigation for borehole
drilling and equipping
3. Certificate of Incorporation Copy of Certificate
4. Single Business Permit Certified copy of current single
Business Permit
5. CR12 Certified copy of current (taken
within 6 months) CR12 showing
all the directors
6. Serialization All pages of the tender document
submitted shall be sequentially
serialized and paginated
including attachments.

35
 7. Audited financial statements for the last three Signed and stamped by the
years (2020,2021,2022) auditor
8. Tender Security for water pans only Tender Security shall be Ksh.
200,000 for each waterpan in
form of
• cash,
• a bank guarantee;
• a guarantee by an insurance
company registered and licensed
by the Insurance Regulatory
Authority listed by the Authority;
or
• a guarantee issued by a
financial institution approved and
licensed by the Central Bank of
Kenya
The tender security shall be valid
for 156 days from the date of
tender opening.
9. Pre-Tender Site Visit Copy of Valid Certificate signed
by WVK Engineer
10. Confidential Business questionnaire Completed and signed
confidential business
questionnaire form.
11. Form of Tender Form of tender signed and
stamped by the authorized
person.

Stage 2: Technical Qualification Stage

Tenders will be evaluated to ensure that they are substantially responsive to the technical
specifications and contract conditions stated in the Tender Document. The determination of a tender’s
technical responsiveness will be based on the contents of the tender itself, subject to any clarifications
received in the preliminary examination of Tenders. Items of this evaluation will be rated.

Tenders will be evaluated to ensure that they are substantially responsive to the technical
specifications and contract conditions stated in the Tender Document. The determination of a tender’s
technical responsiveness will be based on the contents of the tender itself, subject to any clarifications
received in the preliminary examination of Tenders. Items of this evaluation will be scored.

This is based on a score of 100 marks. Only bidders who score above 70 and above will proceed to
the financial stage of evaluation.

World Vision will award the Contract to the tenderer whose tender is determined to be substantially
responsive to the tender documents and who has offered the lowest evaluated tender price. The
company will verify information submitted. Any form of forgery or misinformation from the bidder shall
lead to cancellation of the tender/award and institution of legal proceedings.

NB: Indicates Lot limited per contract

LOT 1 & 2 (NAKURIO AND LORUS WATERPAN) - TECHNICAL EVALUATION CRITERIA

36
N DESCRIPTION POINT
o SCORE
SCALE
1.
EXPERIENCE Max 30
Attach reference letters/completion certificates
as evidences
1.1 Value of related water works handled in Kshs. (offer letters,
LPOs, completion certificates as evidence)
Three
a) projects of equal or higher value in the last three years. 15
Any
b) three (3No) projects of value between 50 % and 100% of 9
value
Any
c) projects less than 50% value of the tendered works. 6
No
d) submission of project record 0
1.2 Nature, scope and specificity of water works handled
(completion certificates only as basis for evaluation)
Three
a) projects of similar nature as per this scope of works 15
Any
b) three (3No) projects of related nature but not same 6
complexity
E.g., pipeline, intake works, water storage structures etc.
Other
c) 3 unrelated construction works e.g. Electromechanical 3
works etc.
No
d) submission in details works undertaken 0

2. KEY PERSONNEL Max 25

Technical skill in terms of human resource. Attach CVs and certified
copies of academic certificates detailing qualifications of at least (3) key
personnel who shall be involved in this assignment.
The persons must be working with the organization or sign an
undertaking to work with the firm by the time of submitting this tender.
Each of the 3 personnel will be evaluated on the following parameters:
Project
a) BSc. Water Engineering or related course 5
manager /
Site Agent Over 5 years’ experience (5 marks for over 5 years and 5
3 marks for less than 5 Years)
2
Registered with professional body EBK (at least
graduate Engineer)
Surveyor
b) BSc Land Survey or related course or related course 3
from a recognised institution (3 marks for BSc and 1.5
Marks for Diploma or Certificate)

Over 3 years’ experience (5 marks for over 3 years and 3

3 marks for less than 3 years)

Registered with professional body of surveyors in 2

Kenya
Foreman
c) Diploma/Certificate in building works/Mason. 2
3 years’ experience
Registration with relevant professional body 2
(NCA)
1
3. PLANT AND EQUIPMENT Max 15

37
 Relevant Equipment and plant owned by the company.
Equipment Provide a list of relevant equipment attaching
evidence of ownership or lease agreement for any
related equipment.
4
Hydraulic Excavator 20 tons (2 No)
2
Concrete Mixer 2m3 together with vibrator (1 No)
3
Plain roller (Minimum 10 Tons) (1 No)
4
Tippers (20 Tons) (2 No)
2
Real time Kinematics Equipment (RTK) (1 No)

4. WORK METHODOLOGY Max 20

Program of works logically applicable to this task and Resourced with 10
Equipment. To be revised to reflect that the best proposal with respect
to the duration of how long World Vision Kenya anticipates that the job
will take (upon award)
Provide a detailed Work Methodology inclusive safety measures 10
during construction
5. FINANCIAL CAPACITY Max 10
a) Average annual Turnover of the last 3 years, which must be 5
above this contract amount.
b) Evidence of Line of credit or indication of self-financing 5
Total Marks 100

LOT 3 (URUM BOREHOLE) – TECHNICAL EVALUATION CRITERIA

No. DESCRIPTION POINT SCORE
SCALE
6. EXPERIENCE Max 30
Attach reference letters/completion certificates
as evidences
1.1 Value of related water works handled in Kshs.
e) Three projects of equal or higher value in the last three years. 15
f) Any three (3No) projects of value between 50 % and 100% of 9
value
g) Any projects less than 50% value of the tendered works. 6
h) No submission of project record 0
1.2 Nature, scope and specificity of water works handled
e) Three projects of similar nature as per this scope of works 15
f) Any three (3No) projects of related nature but not same 9
complexity
E.g. Water pans, pipeline, intake works, etc.
g) Other unrelated construction works e.g. Electromechanical 6
works etc.
h) No submission in details works undertaken 0

38
 7. KEY PERSONNEL Max 20
Technical skill in terms of human resource. Attach CVs and
certified copies of academic certificates detailing qualifications
of at least (3) key personnel who shall be involved in this
assignment.
The persons must be working with the organization or sign an
undertaking to work with the firm by the time of submitting this
tender. Each of the 3 personnel will be evaluated on the
following parameters:
d) Hydro geologist/ Technical qualification – 10
geologist or trained Degree/diploma/certificate with 5 years
person to prepare of experience (4)
and interpret logical
logs, drill time logs Experience in years (min 3 years for
and recommend diploma and 2 years for degree) (4)
well assembly and
Registration with relevant body (GRB
proper well
etc. (2
development
techniques
e) Experienced trained Technical qualification (2) 5
drillers, to operate Experience in years (2)
drilling rigs, Registration with relevant body (1)
compressors etc.
(Give numbers,
names, qualification,
experience; attach
CV of all

f) Site Agent years Technical qualification in civil/water 5

specific works engineering –
experience and held Degree/diploma/certificate with 5 years
the position of Site of experience (2)
Agent in at least
three projects of Experience in years (min 3 years for
similar nature and diploma and 2 years for degree) (2)
scope
Registration with relevant body (NCA
etc. (1)
8. PLANT AND EQUIPMENT Max 20

Relevant Equipment • Available Rigs with capacity to drill 15

for drilling beyond 250 meters at 6 - 12"
diameter that are in good working
conditions and owned or leased by
the company (List Make and Model)
(5 marks)
• Available compressors in good
working condition owned or leased
by company (5 marks)
• Drilling rig support truck ( 3 marks )
Type, sizes and number of drill bits and
Hammers in stock. (2 marks)

39
 Type of equipment and discharge 5
capacity to undertake pumping test and
recovery test (Maximum litres/sec and
minimum yield Litres/ sec).

9. WORK METHODOLOGY Max 10

Program of works logically applicable to this task _ To be 5

revised to reflect that the best proposal with respect to the
duration of how long WVK anticipates that the job will take
(upon award)

Methodology on safety during the drilling period. 5

10. FINANCIAL CAPACITY Max 20

c) Average annual Turnover of the last 3 years, which must 10

be above this contract amount.

d) Evidence of Line of credit or indication of self-financing 10

Total Marks 100

The technical evaluation pass mark shall be 70% of which bidders who pass will be subjected to tender price
comparisons.
World Vision will award the Contract to the tenderer whose tender is determined to be substantially
responsive to the tender documents and who has offered the lowest evaluated tender price. WVK will verify
the information submitted. Any form of forgery or misinformation from the bidder shall lead to cancellation
of the tender/award and institution of legal proceedings.

40
 2. QUALIFICATION FORM SUMMARY

1 2 3 4 5
Item Qualification Subject Qualification Requirement Document To be For Procuring Entity’s
No. Completed by Tenderer Use (Qualification met
or Not Met)
1 Nationality Nationality in accordance with ITT 3.6 Forms ELI – 1.1 and 1.2,
with attachments
2 Tax Obligations for Has produced a current tax clearance certificate or Form of Tender
Kenyan Tenderers tax exemption certificate issued by the the Kenya
Revenue Authority in accordance with ITT 3.14.
3 Conflict of Interest No conflicts of interest in accordance with ITT 3.3 Form of Tender
4 PPRA Eligibility Not having been declared ineligible by the PPRA as Form of Tender
described in ITT 3.8
5 State- owned Meets conditions of ITT 3.7 Forms ELI – 1.1 and 1.2,
Enterprise with attachments
6 Goods, equipment To have their origin in any country that is not Forms ELI – 1.1 and 1.2,
and services to be determined ineligible under ITT 4.1 with attachments
supplied under the
contract
7 History of Non- Non-performance of a contract did not occur as a Form CON-2
Performing Contracts result of contractor default since 1st January […….].
8 Suspension Based on Not under suspension based on-execution of a Form of Tender
Execution of Tender/Proposal Securing Declaration pursuant to
Tender/Proposal ITT 19.9
Securing Declaration
by the Procuring
Entity
9 Pending Litigation Tender’s financial position and prospective long- Form CON – 2
term profitability still sound according to criteria
established in 3.1 and assuming that all pending
litigation will NOT be resolved against the
Tenderer.
10 Litigation History No consistent history of court/arbitral award Form CON – 2
decisions against the Tenderer since 1st January
[insert year]
1 2 3 4 5
Item Qualification Subject Qualification Requirement Document To be For Procuring Entity’s
No. Completed by Tenderer Use (Qualification met
or Not Met)
11 Financial Capabilities (i) The Tenderer shall demonstrate that it has Form FIN – 3.1, with
access to, or has available, liquid assets, attachments
unencumbered real assets, lines of credit, and
other financial means (independent of any
contractual advance payment) sufficient to meet
the construction cash flow requirements
estimated as Kenya Shillings [insert amount]
equivalent for the subject contract(s) net of the
Tenderer’s other commitments.

(ii) The Tenderers shall also demonstrate, to the

satisfaction of the Procuring Entity, that it has
adequate sources of finance to meet the cash flow
requirements on works currently in progress and
for future contract commitments.

(iii) The audited balance sheets or, if not required

by the laws of the Tenderer’s country, other
financial statements acceptable to the Procuring
Entity, for the last [insert number of years] years
shall be submitted and must demonstrate the
current soundness of the Tenderer’s financial
position and indicate its prospective long-term
profitability.
12 Average Annual Minimum average annual construction turnover of Form FIN – 3.2
Construction Kenya Shillings [insert amount], equivalent
Turnover calculated as total certified payments received for
contracts in progress and/or completed within the
last [insert of year] years, divided by [insert number
of years] years
13 General Construction Experience under construction contracts in the 4. Form EXP – 4.1
1 2 3 4 5
Item Qualification Subject Qualification Requirement Document To be For Procuring Entity’s
No. Completed by Tenderer Use (Qualification met
or Not Met)
Experience role of prime contractor, JV member, sub- Experience
contractor, or management contractor for at least
the last [insert number of years] years, starting 1st
January [insert year].
Specific Construction A minimum number of [state the number] similar Form EXP 4.2(a)
& Contract contracts specified below that have been
Management satisfactorily and substantially completed as a
Experience prime contractor, joint venture member,
management contractor or sub-contractor
between 1st January [insert year] and tender
submission deadline i.e. …. (number) contracts,
each of minimum value Kenya shillings…………...
equivalent.
[In case the Works are to be tender as individual
contracts under multiple contract procedure, the
minimum number of contracts required for purposes of
evaluating qualification shall be selected from the
options mentioned in ITT 35.4]

The similarity of the contracts shall be based on

the following: [Based on Section VII, Scope of Works,
specify the minimum key requirements in terms of
physical size, complexity, construction method,
technology and/or other characteristics including part
of the requirements that may be met by specialized
subcontractors, if permitted in accordance with ITT
34.3]
25 26
27

QUALIFICATION FORMS

1. FORM EQU: EQUIPMENT

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

Item of equipment

Equipment Name of manufacturer Model and power rating

information
Capacity Year of manufacture

Current 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

64
2. FORM PER -1

Contractor's Representative and Key Personnel Schedule

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

Contractor' Representative and Key Personnel

1. Title of position: Contractor’s Representative

Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will
appointment: be engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level
schedule for this Gantt chart]
position:
2. Title of position: [______________________]
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will
appointment: be engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level
schedule for this Gantt chart]
position:
3. Title of position: [______________________]
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will
appointment: be engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level
schedule for this Gantt chart]
position:
4. Title of position: [______________________]
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will
appointment: be engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level
schedule for this Gantt chart]
position:
61
5. Title of position: [insert title]
Name of candidate
Duration of [insert the whole period (start and end dates) for which this position will
appointment: be engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level
schedule for this Gantt chart]
position:

64
 3. FORM PER-2:

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

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

Name of Tenderer

Position [#1]: [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 involvemen Relevant experience
t
[main [role and
[describe the experience relevant to this
project responsibilities on the [time in role]
position]
details] project]

61
64
Declaration

I, the undersigned [insert either “Contractor's Representative” or “Key Personnel” as applicable], certify
that to the best of my knowledge and belief, the information contained in this Form PER-2 correctly
describes myself, my qualifications and my experience.

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

Commitment Details
Commitment to duration of [insert period (start and end dates) for which this
contract: Contractor’s 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):

61
 4. TENDERER’S QUALIFICATION WITHOUT PRE-QUALIFICATION

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

4.1 FORM ELI -1.1

Tenderer Information Form

Date: _________________

ITT No. and title: _________________

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

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

Tenderer's authorized representative information

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

64
 4.2 FORM ELI -1.2

Tenderer's JV Information Form

(to be completed for each member of Tenderer’s JV)
Date: _______________

ITT No. and title: __________________

Tenderer’s JV name:

JV member’s name:

JV member’s country of registration:

JV member’s year of constitution:

JV member’s legal address in country of constitution:

JV member’s authorized representative information

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

1. Attached are copies of original documents of

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

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

61
 4.3 FORM CON – 2

Historical Contract Non-Performance, Pending Litigation and Litigation History

Tenderer’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ITT No. and title: ___________________________

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

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

Year Non- Contract Identification Total Contract

performed Amount (current
portion of value, currency,
contract exchange rate and
Kenya Shilling
equivalent)
[insert [insert amountContract Identification: [indicate complete contract[insert amount]
year] 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)

64
 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 Outcome as Contract Identification Total Contract
award percentage of Amount
Net Worth (currency), Kenya
Shilling Equivalent
(exchange rate)
[insert [insert percentage] Contract Identification: [indicate [insert amount]
year] 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)]

4.4 FORM FIN – 3.1:

Financial Situation and Performance

Tenderer’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ITT No. and title: ___________________________

4.4.1. Financial Data

61
Type of Financial informationHistoric 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

4.4.2 Sources of Finance

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

No. Source of finance Amount (Kenya Shilling equivalent)

1

4.4.3 Financial documents

The Tenderer and its parties shall provide copies of financial statements for ___________years pursuant Section III,
Evaluation and Qualifications Criteria, Sub-factor 3.1. The financial statements shall:
64
(a) reflect the financial situation of the Tenderer or in case of JV member, and not an affiliated entity (such
as parent company or group member).
(b) be independently audited or certified in accordance with local legislation.
(c) be complete, including all notes to the financial statements.
(d) correspond to accounting periods already completed and audited.
 Attached are copies of financial statements1 for the ____________years required above; and complying with
the requirements

1
If 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.
61
 4.5 FORM FIN – 3.2:

Average Annual Construction Turnover

Tenderer’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ITT No. and title: ___________________________

Annual turnover data (construction only)

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

Average
Annual
Construction
Turnover *

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

4.6 FORM FIN – 3.3:

Financial Resources

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

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

64
 4.7 FORM FIN – 3.4:

Current Contract Commitments / Works in Progress

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

Current Contract Commitments

Value of Outstanding Estimated Average Monthly
Name of N Procuring Entity’s Work Completi Invoicing Over Last
Contracto Contact Address, [Current Kenya Shilling on Date Six Months
. Tel, /month Equivalent] [Kenya Shilling
/month)]
1
2
3
4
5

61
 4.8 FORM EXP - 4.1

General Construction Experience

Tenderer’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ITT No. and title: ___________________________

Page _______________of ______________pages

Starting Ending Contract Identification Role of

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

64
 4.9 FORM EXP - 4.2(a)
Specific Construction and Contract Management Experience

Tenderer’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
ITT No. and title: ___________________________

Similar Contract No. Information

Contract Identification
Award date
Completion date
Role in Contract Prime Member inManagement Sub-
Contractor  JV Contractor contracto
  r
Total Contract Amount Kenya Shilling
If member in a JV or sub-
contractor, specify participation
in total Contract amount
Procuring Entity's Name:
Address:
Telephone/fax number
E-mail:

4.10 FORM EXP - 4.2 (a) (cont.)

Specific Construction and Contract Management Experience (cont.)

Similar Contract No. Information

Description of the similarity in

accordance with Sub-Factor 4.2(a)
of Section III:
1. Amount
2. Physical size of required
works items
3. Complexity
4. Methods/Technology
5. Construction rate for key
activities
6. Other Characteristics

61
 4.11 FORM EXP - 4.2(b)

Construction Experience in Key Activities

Tenderer's Name: ________________

Date: ___________________
Tenderer's JV Member Name: __________________
Sub-contractor's Name2 (as per ITT 34): ________________
ITT No. and title: _____________________

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

1. Key Activity No One: _

_______________________
Information
Contract Identification
Award date
Completion date
Role in Contract Prime Member inManagemen Sub-
Contractor JV t 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:

2
If applicable
64
 Information

Description of the key activities in

accordance with Sub-Factor 4.2(b) of
Section III:

2. Activity No. Two

3. …………………

61
 OTHER FORMS
5. 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]

Dear Sirs,

1. In accordance with the Conditions of Contract, Specifications, Drawings and Bills of Quantities
for the execution of the above named Works, we, the undersigned offer to construct and
complete the Works and remedy any defects therein for the sum of Kenya Shillings [[Amount
in figures] Kenya
Shillings [amount in words] .

The above amount includes foreign currency amount (s) of [state figure or a percentage and
currency] [figures] [words] .

The percentage or amount quoted above does not include provisional sums, and only allows not
more than two foreign currencies.

2. We undertake, if our tender is accepted, to commence the Works as soon as is reasonably possible
after the receipt of the Project Manager's notice to commence, and to complete the whole of the
Works comprised in the Contract within the time stated in the Special Conditions of Contract.

3. We agree to adhere by this tender until [Insert date], and it shall remain binding
upon us and may be accepted at any time before that date.

4. Unless and until a formal Agreement is prepared and executed this tender together with your
written acceptance thereof, shall constitute a binding Contract between us. We further
understand that you are not bound to accept the lowest or any tender you may receive.

5. We, the undersigned, further declare that:

i) No reservations: We have examined and have no reservations to the tender document,
including Addenda issued in accordance with ITT 28;
64
ii) Eligibility: We meet the eligibility requirements and have no conflict of interest in
accordance with ITT 3 and 4;
iii) Tender-Securing Declaration: We have not been suspended nor declared ineligible by the
Procuring Entity based on execution of a Tender-Securing or Proposal-Securing
Declaration in the Procuring Entity's Country in accordance with ITT 19.8;
iv) Conformity: We offer to execute in conformity with the tendering documents and in
accordance with the implementation and completion specified in the construction
schedule, the following Works: [insert a brief description of the Works];

v) Tender Price: The total price of our Tender, excluding any discounts offered in item 1 above is:
[Insert one of the options below as appropriate]

vi Option 1, in case of one lot: Total price is: [insert the total price of the Tender in words and figures,
indicating the various amounts and the respective currencies]; Or

Option 2, in case of multiple lots:

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

vii) Discounts: The discounts offered and the methodology for their application are:
viii) The discounts offered are: [Specify in detail each discount offered.]
ix) The exact method of calculations to determine the net price after application of discounts is
shown below: [Specify in detail the method that shall be used to apply the discounts];
x) Tender Validity Period: Our Tender shall be valid for the period specified in TDS 18.1 (as
amended, if applicable) from the date fixed for the Tender submission deadline specified in
TDS 22.1 (as amended, if applicable), and it shall remain binding upon us and may be
accepted at any time before the expiration of that period;
xi) Performance Security: If our Tender is accepted, we commit to obtain a Performance
Security in accordance with the Tendering document;
xii) One Tender Per Tender: We are not submitting any other Tender(s) as an individual Tender,
and we are not participating in any other Tender(s) as a Joint Venture member or as a
subcontractor, and meet the requirements of ITT 3.4, other than alternative Tenders
submitted in accordance with ITT 13.3;
xiii) Suspension and Debarment: We, along with any of our subcontractors, suppliers, Project
Manager, manufacturers, or service providers for any part of the contract, are not subject
to, and not controlled by any entity or individual that is subject to, a temporary suspension
or a debarment imposed by the Public Procurement Regulatory Authority or any other
entity of the Government of Kenya, or any international organization.
xiv) State-owned enterprise or institution: [select the appropriate option and delete the other] [We
are not a state-owned enterprise or institution] / [We are a state-owned enterprise or institution
but meet the requirements of ITT 3.8];
xv) Commissions, gratuities, fees: We have paid, or will pay the following commissions,
gratuities, or fees with respect to the tender process or execution of the Contract: [insert
complete name of each Recipient, its full address, the reason for which each commission or
gratuity was paid and the amount and currency of each such commission or gratuity].

Name of Address Reason Amount

Recipient

61
 (If none has been paid or is to be paid, indicate “none.”)

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

xvii) Not Bound to Accept: We understand that you are not bound to accept the lowest evaluated
cost Tender, the Most Advantageous Tender or any other Tender that you may receive;

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

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

xx) 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.

xxi) Beneficial Ownership Information: We commit to provide to the procuring entity the Beneficial
Ownership Information in conformity with the Beneficial Ownership Disclosure Form upon
receipt of notification of intention to enter into a contract in the event we are the successful
tenderer in this subject procurement proceeding.

xxii) We, the Tenderer, have duly completed, signed and stamped the following Forms as part of
our Tender:
a) Tenderer's Eligibility; Confidential Business Questionnaire – to establish we are not
in any conflict to interest.
b) Certificate of Independent Tender Determination – to declare that we completed the
tender without colluding with other tenderers.
c) Self-Declaration of the Tenderer – to declare that we will, if awarded a contract, not
engage in any form of fraud and corruption.
d) Declaration and commitment to the Code of Ethics for Persons Participating in Public
Procurement and Asset Disposal

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

Name of the Tenderer: *[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]

Date signed day of ,

Notes
* 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 to be attached
64
with the Tender.

61
A. TENDERER’S ELIGIBILITY- CONFIDENTIAL BUSINESS QUESTIONNAIRE

Instruction to Tenderer

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

(a) Tenderer's details

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

64
 General and Specific Details

b) Sole Proprietor, provide the following details.

Name in full Age Nationality

Country of Origin Citizenship

c) Partnership, provide the following details.

Names of Partners Nationality Citizenship % Shares owned

1
2
3

d) Registered Company, provide the following details.

i) Private or public Company

ii) State the nominal and issued capital of the Company

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

Kenya Shillings (Equivalent).....................................................................................

iii) Give details of Directors as follows.

Names of Director Nationality Citizenship % Shares owned

1
2
3

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

i) Are there any person/persons in …………… ……… (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 controls, is
controlled by or is under common control with
another tenderer.
61
 Type of Conflict Disclosure If YES provide details
YES OR of the relationship with
NO 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
are directly or indirectly involved in the preparation
of the Tender document or specifications of the
Contract, and/or the Tender evaluation process of
such contract.
8 Tenderer has a close business or family relationship
with a professional staff of the Procuring Entity who
would be involved in the implementation or
supervision of the such Contract.
9 Has the conflict stemming from such relationship
stated in item 7 and 8 above been resolved in a
manner acceptable to the Procuring Entity
throughout the tendering process and execution of
the Contract.

64
f) Certification

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

Full Name Title

or Designation

(Signature) (Date)

B. CERTIFICATE OF INDEPENDENTTENDERDETERMINATION

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;

61
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 orexperience;

5. The Tenderer discloses that [check one of the following, as applicable:

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

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

7. In addition, there has been no consultation, communication, agreement or arrangement with

any competitor regarding the quality, quantity, specifications or delivery particulars of the works
or services to which this request for tenders relates, except as specifically authorized by the
procuring authority or as specifically disclosed pursuant to paragraph (5)(b) above;

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

Name Title Date

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

64
C. SELF - DECLARATION FORMS

FORM SD1

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

THE PUBLIC PROCUREMENTAND ASSET DISPOSALACT 2015.

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

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

1. THAT I am the Company Secretary/ Chief Executive/Managing Director/Principal

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

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

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

…………………………………. ………………………………. ……………………… (Title)

(Signature) (Date)

Bidder Official Stamp

61
FORM SD2

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

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

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

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

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

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

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

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

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

………………………………… …………………….....……… ................……………………… (Title)

(Signature) (Date)

Bidder's Official Stamp

64
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……………………………………………………

61
D. APPENDIX 1- FRAUDAND CORRUPTION

(Appendix 1 shall not be modified)

1. Purpose

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

3. Requirements

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

Kenya's public procurement and asset disposal act (no. 33 of 2015) under Section 66 describes
rules to be followed and actions to be taken in dealing with Corrupt, Coercive, Obstructive,
Collusive or Fraudulent practices, and Conflicts of Interest in procurement including
consequences for offences committed. A few of the provisions noted below highlight Kenya's
policy of no tolerance for such practices and behavior: -

1) a person to whom this Act applies shall not be involved in any corrupt, coercive, obstructive,
collusive or fraudulent practice; or conflicts of interest in any procurement or asset disposal
proceeding;
2) A person referred to under subsection (1) who contravenes the provisions of that sub-
section commits an offence;
3) Without limiting the generality of the subsection (1) and (2), the person shall be: -
a) disqualified from entering into a contract for a procurement or asset disposal
proceeding; or
b) if a contract has already been entered into with the person, the contract shall be
voidable;
4) The voiding of a contract by the procuring entity under subsection (7) does not limit any
legal remedy the procuring entity may have;
5) An employee or agent of the procuring entity or a member of the Board or committee of
the procuring entity who has a conflict of interest with respect to a procurement: -
a) shall not take part in the procurement proceedings;
b) shall not, after a procurement contract has been entered into, take part in any decision
relating to the procurement or contract; and
c) shall not be a subcontractor for the bidder to whom was awarded contract, or a member
of the group of bidders to whom the contract was awarded, but the subcontractor
appointed shall meet all the requirements of this Act.
6) An employee, agent or member described in subsection (1) who refrains from doing
anything prohibited under that subsection, but for that subsection, would have been
within his or her duties shall disclose the conflict of interest to the procuring entity;
64
 7) If a person contravenes subsection (1) with respect to a conflict of interest described in
subsection (5)(a) and the contract is awarded to the person or his relative or to another
person in whom one of them had a direct or indirect pecuniary interest, the contract shall
be terminated and all costs incurred by the public entity shall be made good by the awarding
officer. Etc.

In compliance with Kenya's laws, regulations and policies mentioned above, the Procuring Entity:
a) Defines broadly, for the purposes of the above provisions, the terms set forth below as
follows:
i) “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly,
of anything of value to influence improperly the actions of another party;
ii) “fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or
other benefit or to avoid an obligation;

iii) “collusive practice” is an arrangement between two or more parties designed to

achieve an improper purpose, including to influence improperly the actions of another
party;
iv) “coercive practice” is impairing or harming, or threatening to impair or harm, directly
or indirectly, any party or the property of the party to influence improperly the actions
of a party;
v) “obstructive practice” is:
• deliberately destroying, falsifying, altering, or concealing of evidence material to
the investigation or making false statements to investigators in order to
materially impede investigation by Public Procurement Regulatory Authority
(PPRA) or any other appropriate authority appointed by Government of Kenya
into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or
threatening, harassing, or intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from pursuing the
investigation; or
• acts intended to materially impede the exercise of the PPRA's or the appointed
authority's inspection and audit rights provided for under paragraph 2.3 e. below.

b) Defines more specifically, in accordance with the above procurement Act provisions set
forth for fraudulent and collusive practices as follows:

"fraudulent practice" includes a misrepresentation of fact in order to influence a

procurement or disposal process or the exercise of a contract to the detriment of the
procuring entity or the tenderer or the contractor, and includes collusive practices
amongst tenderers prior to or after tender submission designed to establish tender prices
at artificial non-competitive levels and to deprive the procuring entity of the benefits of
free and open competition.

c) Rejects a proposal for award1 of a contract if PPRA determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-
contractors, service providers, suppliers and/ or their employees, has, directly or
indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in
competing for the contract in question;

d) Pursuant to the Kenya's above stated Acts and Regulations, may sanction or recommend
to appropriate authority (ies) for sanctioning and debarment of a firm or individual, as
applicable under the Acts and Regulations;

e) Requires that a clause be included in Tender documents and Request for Proposal
documents requiring (i) Tenderers (applicants/proposers), Consultants, Contractors, and
Suppliers, and their Sub-contractors, Sub-consultants, Service providers, Suppliers,
61
 Agents personnel, permit the PPRA or any other appropriate authority appointed by
Government of Kenya to inspect2 all accounts, records and other documents relating to
the procurement process, selection and/or contract execution, and to have them audited
by auditors appointed by the PPRA or any other appropriate authority appointed by
Government of Kenya; and

f) Pursuant to Section 62 of the above Act, requires Applicants/Tenderers to submit along

with their Applications/Tenders/Proposals a “Self-Declaration Form” as included in the
procurement document declaring that they and all parties involved in the procurement
process and contract execution have not engaged/will not engage in any corrupt or
fraudulent practices.

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 tendering, 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 thereof as relevant;
interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining
third party verification of information.

64
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.

61
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.
64
_________________________ ______________________________
[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.

61
TENDER-SECURING DECLARATION FORM

[The Bidder shall complete this Form in accordance with the instructions indicated]

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

Tender No.:......................................[insert number of tendering process]
To:...................................... [insert complete name of Purchaser] I/We, the undersigned, declare that:

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

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

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

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

Signed:……………………………………………………………………..…….....….. Capacity / title (director or

partner or sole proprietor, etc.) ……….………….........……. Name:

………………………………………………………………………………….. Duly authorized to sign the bid for and on

behalf of: [insert complete name of Tenderer]

Dated on …………………. day of …………….……. [Insert date of signing] Seal or stamp

64
Appendix to Tender

Schedule of Currency requirements

Summary of currencies of the Tender for [insert name of Section of the Works]

Name of currency Amounts payable

Local currency:
Foreign currency #1:
Foreign currency #2:
Foreign currency #3:
Provisional sums expressed in local [To be entered by the Procuring Entity]
currency ____________________________________

61
 PART II - WORK REQUIREMENTS

64
LOT 1 – NAKURIO WATERPAN

SUMMARY SHEET-BILL OF QUANTITY NAKURIO WATERPAN (34,933m3)

BILL TOTAL
BROUGHT
Bill Description Bill No
FORWARD
(KES)
PRELIMINARIES & GENERAL Bill No.
REQUIREMENTS 1
Bill No.
EARTH WORKS AND TAKE OFF
2
Bill No.
WATER TROUGHS 2NO.
3
Bill No.
FENCING & 2NO. GATES
4&5
Bill No.
2NO. CATTLE RAMP & SHALLOW WELL
6

GRAND TOTAL FOR NAKURIO WATERPAN (34,933 M3)

Bill No.1: PRELIMINARY AND GENERAL REQUIREMENT-NAKURIO WATERPAN

ITEM DESCRIPTION UNIT QTY RATE (KES) AMOUNT
(KES)
Contractual Requirements
1.1 Mobilize and demobilize PS 1
Plant and equipment
including personnel to the
site including setting up
camp (Provisional).
1.2 Provide for access road to PS
site as directed by the 1.
project Engineer 0
1.3 Allow for Project setting out PS 1 150,00 150,00
and 2 other inspections to 0 0
the approval of the Engineer
with client assigned
Engineer

Project Sign board

1.5 Provide, fix and maintain Nr 2
project sign post with
specifications as per the
drawing (including any
payments to local
authorities) through to end
of defects liability period of
contract (Provisional)
Security (Provisional)
1.6 Secure the camp with 1 Ls 1
Kenya Police Researvists
(KPR) during the day and 2
KPR at night for the entire
period
TOTAL BILL NO. 1: CARRIED OVER TO GRAND SUMMARY

64
 BILL OF QUANTIES FOR CONSTRUCTION OF NAKURIO WATERPAN (30,000 m3)
BILL NO.2: EARTH WORKS
S/NO Description Unit Qty Rate Amount
. (KES) (KES)
2.1 Reservoir excavation
2.1.1 Clear site off all trees (less than 500 M2 15,600
mm diameter) 130m by 120m,
bushes, shrubs including stubs
removal, girth and carting away
2.1.2 Excavate oversite (105m by 85m) M3
average 200mm deep to remove
1,785
vegetable soil, load, wheel and cart
away.
2.1.3 Excavate for drawoff/scour pipe m3 263
trench not exceeding 3.0m from the
stripped level and cart away as
directed by the Project Engineer.
2.1.4 Excavate and cart to spoil for M3 32,648
reservoir formation measuring
105m by 85m (top)from the stripped
area to a depth not exceeding 3.0 m
deep (bottom 90m by 70m) as
directed by the engineer
(maintaining a berm of 3m away from
the upstream embankment)
2.1.5 Ditto but in hard materials M3 500
2.2 Silt trap (Provisional)
2.2.1 Excavate for silt trap measuring 30m M3 1335
by 20m with side slope 1:2 to a depth
of 2.0m from ground surface and
dispose / reuse excavated materials
as directed by the Engineer
2.2.2 Provide all materials, place and M2 83
compact a layer for stone pitching on
the silt trap areas as shown in the
drawings or as directed by the
Engineer
2.3 Inlet construction and protection (Provisional)
2.3.1 Supply, fix and fill with hard core not No. 15
more than 200mm nominal size.
2mx1mx1m gabions wire gauge 4mm
thick and protection of , inlet
channel to the pan minimum 10m as
directed by the project engineer
2.3.2 Excavate for the concrete sill 300mm M3 2
thick, 1000mm deep across the inlet
channel not exceeding 4m across
inlet channel to the pan.
 BILL OF QUANTIES FOR CONSTRUCTION OF NAKURIO WATERPAN (30,000 m3)
BILL NO.2: EARTH WORKS
2.3.3 Provide all materials, mix, place and M 4
Construct insitu concrete sill class
20/25 concrete 300mm wide,
1000mm deep across the inlet
channel as shown in the drawings.
Provide all materials, mix, place and
use concrete to finish surface of the
sill not exceeding 200mm either
sides of the sill firmly fixed between
the gabions as directed by project
Engineer
2.3.4 Provide stone pitching 50 m from m2 40
inlet, across intake channel creating
two double barriers 20m in length
and 1.0m height across the inlet to
waterpan to regulate silt
2.4
2.4.1 Excavation of spillway/cattle ramp M3 1,500
2No measuring minimum 50m long,
15m wide,1.0m deep from ground
surface as directed by the Engineer
2.4.2 Provide for a concrete class 25/20 M3 27
spillway sill 300mm thick (instu cast)
across the channel 1000mm deep
and15m across the spill way/cattle
ramp.
2.4.3 Supply, fix and fill with hard core not No. 30
more than 200mm nominal size.
2mx1mx1m gabions wire gauge 4mm
thick and protection of , inlet
channel to the pan minimun 10m as
directed by the project engineer
2.4.4 Supply, fix and fill with hard core not No. 24
more than 200mm nominal size.
2mx1mx1m gabions wire gauge 4mm
thick and protection of , cattle ramp
and sides of pan at the spill
way/cattle ramp exit section
minimum 20m as directed by the
project engineer
2.4.5 Provide for stone pitching M² 300
protection to spillway/cattle ramp
surface, 10 wide not exceeding 15m
and outflow channel with hard core
stone materials of an area measuring
10mx20m
TOTAL BILL NO.2 CARRIED OVER TO GRAND SUMMARY
BILL NO. 2 CONSTRUCTION OF
AUXILLARY STRUCTURES
2.5 Draw-off system

64
 BILL OF QUANTIES FOR CONSTRUCTION OF NAKURIO WATERPAN (30,000 m3)
BILL NO.2: EARTH WORKS
2.51 Provide all the required materials and Lump 1
construct a standard communal sum
water point as per the drawing, off set
at a tangent to T-juction with cattle
trough minimum 30m distance
(Provisional)
2.45 Provide for a standard intake tower Lump 1
using perforated 4’’ GI pipes with sum
wire mesh screens 3m high using
concrete mix of ration 1:2:4 (cement.
Sand and Ballast). Provide a dead
storage of 0.5m on the pipe.as
described in the working drawings
2.5.3 Provide, lay and connect to intake M 146
tower 110mm HDPE (PN6) pipes
including fittings for draw off system
under the entire embankment upto
the draff off location exceeding
146m length
2.5.4 Allow for Plumbing works for the Item 1
gravity system all inclusive
2.5.4 Gate Valve 100mm Dia. No. 1
2.5.5 Allow for excavate, provide for No. 1
materials and construct lockable
masonry chambers with internal
dimensions 1000mm x1000mm
x1000 mm as indicated in the
drawings and as directed by the
Engineer. Rates to include formwork.
Sub-Total
TOTAL BILL NO.2: CARRIED OVER TO GRAND SUMMARY
Bill No.3: Construction of 10m Long Cattle Trough 2No
ITE DESCRIPTION UNIT QUAN RATE AMOUNT
M TITY (KES) (KES)
3.1 MASONRY CATTLE TROUGH
Excavation (Provisional)
Excavation including
maintaining and supporting sides
and keeping free from water,
mud and fallen materials by
bailing, pumping or otherwise
3.1.1 Prepare site by stripping top 150 m2 52
mm of soil to remove all debris
including sand (if any) from site
and carting away spoil
3.1.2 Excavate for foundation strip m3 25
commencing at stripped levels
depth not exceeding 1.50m deep
3.1.3 Extra-over for excavation in soft m3 1
rock (Provisional)
3.1.4 Extra-over for excavation in m3 1
hard rock (Provisional)
3.1.5 Remove surplus excavated m3 15
material from site
3.1.6 Backfill around foundation m3 10
3.2 Filing
3.2.1 200 mm thick approved m3 8
hardcore filling spread, well
rammed and compacted in
150mm layers to receive
concrete surface bed
3.3 Concrete work
Mass Concrete class 15 (1:3:6)
with 20mm thick maximum
aggregate size in
3.3.1 50mm blinding layer under m2 9
foundations
3.3.2 50mm blinding layer on m2 38
hardcore surfaces
3.4 Vibrated reinforced concrete
class 25 (1:1.5:3) with 20mm
maximum aggregate as
described in:
3.4.1 Strip foundation m3 2
3.4.2 75mm thick concrete benching m3 2.7
laid to falls and with surface
steel trowelled rough (Optional)
3.4.3 100 mm thick floor slab m3 0.5
3.4.4 Vibrated reinforced concrete
class 25 (1:1.5:3) with 20mm
maximum aggregate as
described in:
3.4.5 150mm thick walls m3 4
64
Bill No.3: Construction of 10m Long Cattle Trough 2No
ITE DESCRIPTION UNIT QUAN RATE AMOUNT
M TITY (KES) (KES)
3.5 Reinforcement
3.5.1 Mesh fabric reinforcement ref. m2 38
No. A142 laid in floor slab with
minimum 150 mm side
allowance
3.5.2 provide Mesh fabric m2
reinforcement ref. No. A142 for 21
walling with a nominal pitch of
200mm
3.6 Sawn formwork
3.6.1 Formwork to sides of foundation M 29
strip girth 150-225mm
3.6.2 Formwork to edges of floor slab m 31
girth not exceeding 75mm
3.6.3 Formwork to sides of walls m2 41
3.7 Walling
3.7.1 150 Thick solid concrete block m2 3
walling
3.8 Finishes
Cement and sand mortar (1:3) in:
3.8.1 12 mm Thick paving to floor with m2 4
water proof cement (Optional)
3.8.2 15mm thick plaster to internal m2 14
side of wall with water proof
cement
3.8.3 12mm thick plaster to external m2 6
side of wall
3.8.4 25 mm Thick screed with m2 40
approved hardener to floor steel
trowelled rough on benching
(Optional)
3.9 Galvanized mild steel pipes
class "B" medium thickness with
and including jointing fittings
and fixed as described
3.9.1 25mm diameter inlet pipe No 4
chased through masonry wall
300 mm long with and including
stop cork
3.9.2 25mm diameter inlet pipe No 2
3.9.3 32mm diameter PVC draw off No 1
pipe 300mm long with and
including gate valve
TOTALS FOR ONE TROUGH No. 1
TOTAL BILL NO. 2: CARRIED No. 2
OVER TO GRAND SUMMARY
BILL NO. 4 & 5: FENCING & GATE
Uni Quanti Rate Amount
ts ty (KES) (KES)
Provide and install 100mm by 125mm
by 2.70m long Concrete posts so as to
rise 2.1m above the grounds spaced at
3m center to center along the
4.1 perimeter fence 460m long No 156
Excavation of holes to anchor posts
4.2 concrete posts No 156
Concrete class 1:3:6 for anchoring the
4.3 posts M3 3
Provide and install 100mm by 125mm
by 2.0m long strainer Concrete posts
(double struts) spaced at 30m and at
4.4 all corners and gate No 33
Excavation of holes to anchor strainer
4.5 concrete posts No 42
Concrete class 1:3:6 for anchoring the
4.6 strainer posts M3 2
Supply and fix Barbed wire (barbed
wire 16g, 25kg)-6 strand along 460m
4.7 perimeter M 2,760
G12.5 chain link 2.4m high over 460 m
4.8 long perimeter SM 920
Sub Total
Bill No 5: Gate (2.No)
Supply and install 4000x2000mm
double leave steel grill gate to
300x300mm concrete columns
complete with iron mongery (use
50mmx25mmx6mm SHS with
38mmx25mmx6mm vertical members).
Provide for epoxy primer paint with 2
5.1 coats of final gloss paint Nr 2
Provide, cut and place 10mm square
twisted steel rebars in gate columns
5.2 and 600mmx600mm footing Kg 20
Ditto 8mm twisted steel rebars as
5.3 stirrups in column @150mm Kg 14
Mass concrete class C20/25 in:
5.4 Concrete to poles CM 4
5.5 300mmx300mm Gate columns CM 0.5
Formwork to;
Column edges over 150mm but not
5.6 exceeding 300 mm girth SM 7
Finishes
25mm thick cement: sand (1:4) screed
to surfaces with 12mm thick lime steel
5.7 trowelled smooth finish on columns SM 7
Gloss painting to columns- code
5.8 provided by Engineer SM 6
Sub-total for one gate
5.1 Sub Total for two Gates
64
BILL NO. 4 & 5: FENCING & GATE
Uni Quanti Rate Amount
ts ty (KES) (KES)
0
PIT latrine (Provisional)
5.1 Supply all the materials and construct sum 1
1 2.4m x 2m (Mabati all round) by 3 m
deep pit latrine with concrete pedestal
and locable door
TOTAL FOR FENCE AND GATE CARRIED OVER TO GRAND
SUMMARY
 BILL OF QUANTIES FOR CONSTRUCTION OF NAKURIO WATERPAN TO 30,000 M3
BILL NO. 6: CONSTRUCTION OF AUXILLARY STRUCTURES
S/NO. Description Unit Qty Rate Amount
(KES) (KES)
6.1 Draw-off system (Provisional)
6.1.1 Excavate oversite (20m by 15m) average
1250mm deep to remove soil, load, wheel M3
360
and cart away.
6.1.2 Provide stone pitching protection works m2
around the drinking area with a perimeter 88.00
not exceeding 70m over a height of 1.25m
to cover an area not exceeding 88m2 as
shown in the drawing
6.1.3 Allow for excavate, provide for materials No. 1
and construct lockable masonry
chambers with internal dimensions
1000mm x1000mm x1000 mm as
indicated in the drawings and as directed
by the Engineer. Rates to include
formwork.
Sub-Total
6.2 2 No. Cattle Ramps (Provisional)
6.2.1 Provide for stone pitching protection to M3 135
cattle ramp 15m wide with hard core
stone materials and 15m wide for
300mm thick as shall be directed by
engineer.
6.2.2 Sub-Total for One cattle Ramp
6.2.3 Sub-Total for two cattle Ramps
TOTAL BILL NO. 6: CARRIED OVER TO GRAND SUMMARY

64
LOT 2 LORUS WATERPAN

Bill No.1: PRELIMINARY AND GENERAL REQUIREMENT-LORUS WATERPAN

(30,000m3)
ITEM DESCRIPTION UNIT QTY RATE AMOUNT
(KES) (KES)
Contractual Requirements
1.1 Mobilize and demobilize Plant and equipment PS 1
including personnel to the site including
setting up camp (Provisional).
1.2 Allow for setting out and pegging of the PS 1 150,000 150,000
waterpan and 2 other inspections to the
approval of the Engineer with client assigned
Engineer

Project Sign Post

1.4 Provide, fix and maintain project sign post nr 1
with specifications as per the drawing
(including approval/ licences numbers from
the authority) through to end of defects of
contract (Provisional)
Security (Provisional)
1.5 Secure the camp with guards for the entire No 600
period
TOTAL BILL NO. 1: CARRIED OVER TO GRAND SUMMARY

BILL OF QUANTIES FOR CONSTRUCTION OF LORUS WATERPAN (30,000m3)

S/N Description Unit Qty Rate Amount
O. (KES) (KES)
BILL NO.2: EARTH WORKS

2.1 Reservoir excavation

2.1. Clear site off all trees (less than 500 mm M2 14,950
1 diameter) 130m by 115m, bushes, shrubs
including stubs removal, girth and carting
away
2.1. Excavate oversite (114m by 104m) M3
2 average 200mm deep to remove vegetable 2,371
soil, load, wheel and cart away.
 BILL OF QUANTIES FOR CONSTRUCTION OF LORUS WATERPAN (30,000m3)
S/N Description Unit Qty Rate Amount
O. (KES) (KES)
2.1. Excavate for drawoff/scour pipe trench not m3 168
3 exceeding 2.8m from the stripped level and
cart away as directed by the Project
Engineer.
2.1. Excavate and cart to spoil for reservoir M3 37,277
4 formation measuring 114m by 104m
(top)from the stripped area to a depth not
exceeding 2.8 m deep (bottom 100m by
90m) as directed by the engineer
(maintaining a berm of 4-10m away from
the upstream embankment)
2.1. Ditto but in hard materials (provisional) M3 500
5
2.2 Inlet construction and protection
2.2. Supply, fix and fill with hard core not more No. 25
1 than 200mm nominal size. 2mx1mx1m
gabions wire gauge 4mm thick and
protection of , inlet channel to the pan
minimun 10m as directed by the project
engineer
2.2. Excavate for the concrete sill 300mm thick, M3 1.5
2 1000mm deep across the inlet channel not
exceeding 3m across inlet channel to the
pan.
2.2. Provide all materials, mix, place and M2 3
3 Construct insitu concrete sill class 20/25
concrete 300mm wide, 1000mm deep
across the inlet channel as shown in the
drawings. Provide all materials, mix, place
and use concrete to finish surface of the sill
not exceeding 200mm either sides of the
sill firmly fixed between the gabions as
directed by project Engineer
2.2. Provide stone pitching 50 m from inlet, m2 40
4 across intake channel creating two double
barriers 20m in length and 1.0m height
across the inlet to waterpan to regulate silt
2.3 Outlet channel Construction (Provisional)
2.3. Excavtion of spillway/cattle ramp M3 750
1 measuring minimum 50m long, 15m
wide,1.0m deep from ground surface as
directed by the Engineer
2.3. Provide for a concrete class 25/20 spillway M3 2
2 sill 300mm thick (instu cast) across the
channel 1000mm deep and10m across the
spill way/cattle ramp.
2.3. Supply, fix and fill with hard core not more No. 28
3 than 200mm nominal size. 2mx1mx1m
gabions wire gauge 4mm thick and
protection of , inlet channel to the pan
minimum 10m as directed by the project
64
 BILL OF QUANTIES FOR CONSTRUCTION OF LORUS WATERPAN (30,000m3)
S/N Description Unit Qty Rate Amount
O. (KES) (KES)
engineer

2.3. Supply, fix and fill with hard core not more No. 24
4 than 200mm nominal size. 2mx1mx1m
gabions wire gauge 4mm thick and
protection of , cattle ramp and sides of pan
at the spill way/cattle ramp exit section
minimum 20m as directed by the project
engineer
2.3. Provide for stone pitching protection to M² 600
5 2No. spillway/cattle ramp surface, 15wide
not exceeding 20m and outflow channel
with hard core stone materials of an area
measuring 15mx20m; For two cattle ramps
as per the drawing
2.4 Silt trap (Provisional)
2.4. Excavate for silt trap measuring 30m by M3 1120
1 20m with side slope 1:2 to a depth of 2.0m
from ground surface and dispose / reuse
excavated materials as directed by the
Engineer
2.4. Provide all materials, place and compact a M2 83
2 layer for stone pitching on the silt trap
areas as shown in the drawings or as
directed by the Engineer
TOTAL BILL NO.2 CARRIED OVER TO GRAND
SUMMARY
BILL NO. 2 CONSTRUCTION OF
AUXILLARY STRUCTURES
2.5 Draw-off system
2.5. Provide all the required materials and Lum 1
1 construct a standard communual psu
water point as per the drawing, off set m
at a tangent to T-juction with cattle
trough minimum 30m distance
2.5. Provide for a standard intake tower using Lum 1
2 perforated 4’’ GI pipes with wire mesh p
screens 3m high using concrete mix of sum
ration 1:2:4 (cement. Sand and Ballast).
Provide a dead storage of 0.5m on the
pipe.as described in the working drawings
2.5. Provide, lay and connect to intake tower M 100
3 110mm HDPE (PN6) pipes including
fittings for draw off system under the
entire embankment upto the Shallow well
not exceeding 100m length
2.5. Allow for Plumbing works for the pumped Item 1
4 system from
 BILL OF QUANTIES FOR CONSTRUCTION OF LORUS WATERPAN (30,000m3)
S/N Description Unit Qty Rate Amount
O. (KES) (KES)
2.5. Gate Valve 100mm Dia. No. 1
4
2.5.Allow for excavate, provide for materials No. 1
5 and construct lockable masonry chambers
with internal dimensions 1000mm
x1000mm x1000 mm as indicated in the
drawings and as directed by the Engineer.
Rates to include formwork.
Sub-Total
TOTAL BILL NO.2: CARRIED OVER TO GRAND SUMMARY

Bill No.3: Construction of 10m Long Cattle Trough 2No

ITEM DESCRIPTION UNIT QUANTITY RATE (KES) AMOUNT (KES)
3.1 MASONRY CATTLE
TROUGH
Excavation (Provisional)
Excavation including
maintaining and
supporting sides and
keeping free from water,
mud and fallen materials
by bailing, pumping or
otherwise
3.1.1 Prepare site by stripping m2 52
top 150 mm of soil to
remove all debris
including sand (if any)
from site and carting away
spoil
3.1.2 Excavate for foundation m3 25
strip commencing at
stripped levels depth not
exceeding 1.50m deep
3.1.3 Extra-over for excavation m3 1
in soft rock (Provisional)
3.1.4 Extra-over for excavation m3 1
in hard rock (Provisional)
3.1.5 Remove surplus m3 15
excavated material from
site
3.1.6 Backfill around foundation m3 10
3.2 Filing
3.2.1 200 mm thick approved m3 8
hardcore filling spread,
well rammed and
compacted in 150mm
layers to receive concrete
surface bed
64
Bill No.3: Construction of 10m Long Cattle Trough 2No
ITEM DESCRIPTION UNIT QUANTITY RATE (KES) AMOUNT (KES)
3.3 Concrete work
Mass Concrete class 15
(1:3:6) with 20mm thick
maximum aggregate size
in
3.3.1 50mm blinding layer m2 9
under foundations
3.3.2 50mm blinding layer on m2 38
hardcore surfaces
3.4 Vibrated reinforced
concrete class 25 (1:1.5:3)
with 20mm maximum
aggregate as described in:
3.4.1 Strip foundation m3 2
3.4.2 75mm thick concrete m3 2.7
benching laid to falls and
with surface steel
trowelled rough
(Optional)
3.4.3 100 mm thick floor slab m3 0.5
3.4.4 Vibrated reinforced
concrete class 25 (1:1.5:3)
with 20mm maximum
aggregate as described in:
3.4.5 150mm thick walls m3 4
3.5 Reinforcement
3.5.1 Mesh fabric m2 38
reinforcement ref. No.
A142 laid in floor slab with
minimum 150 mm side
allowance
3.5.2 provide Mesh fabric m2 21
reinforcement ref. No.
A142 for walling with a
nominal pitch of 200mm
3.6 Sawn formwork
3.6.1 Formwork to sides of M 29
foundation strip girth 150-
225mm
3.6.2 Formwork to edges of m 31
floor slab girth not
exceeding 75mm
3.6.3 Formwork to sides of m2 41
walls
3.7 Walling
3.7.1 150 Thick solid concrete m2 3
block walling
3.8 Finishes
Cement and sand mortar
(1:3) in:
Bill No.3: Construction of 10m Long Cattle Trough 2No
ITEM DESCRIPTION UNIT QUANTITY RATE (KES) AMOUNT (KES)
3.8.1 12 mm Thick paving to m2 4
floor with water proof
cement (Optional)
3.8.2 15mm thick plaster to m2 14
internal side of wall with
water proof cement
3.8.3 12mm thick plaster to m2 6
external side of wall
3.8.4 25 mm Thick screed with m2 40
approved hardener to
floor steel trowelled rough
on benching (Optional)
3.9 Galvanized mild steel
pipes class "B" medium
thickness with and
including jointing fittings
and fixed as described
3.9.1 25mm diameter inlet pipe No 4
chased through masonry
wall 300 mm long with and
including stop cork
3.9.2 25mm diameter inlet pipe No 2
3.9.3 32mm diameter PVC draw No 1
off pipe 300mm long with
and including gate valve
TOTALS FOR ONE No. 1
TROUGH
TOTAL BILL NO. 2: No. 2
CARRIED OVER TO
GRAND SUMMARY

BILL NO. 4: FENCING & 2 No. GATES FOR LORUS WATERPAN

Rate Amount
Unit Quantity (KES) (KES)
Provide and install 100mm by 125mm by
2.70m long Concrete posts so as to rise
2.1m above the grounds spaced at 3m
center to center along the perimeter fence
4.1 640m long No 216
Excavation of holes to anchor posts
4.2 concrete posts No 216
Concrete class 1:3:6 for anchoring the
4.3 posts M3 3
Provide and install 100mm by 125mm by
2.0m long strainer Concrete posts (double
struts) spaced at 30m and at all corners
4.4 and gate No 42
Excavation of holes to anchor strainer
4.5 concrete posts No 42
Concrete class 1:3:6 for anchoring the
4.6 strainer posts M3 2
64
BILL NO. 4: FENCING & 2 No. GATES FOR LORUS WATERPAN
Rate Amount
Unit Quantity (KES) (KES)
Supply and fix Barbed wire (barbed wire
4.7 16g, 25kg)-6 strand along 640m perimeter M 3,840
G12.5 chain link 2.4m high over 640 m
4.8 long perimeter SM 1,280
Sub Total

Bill No 5: Gate 2No.

Supply and install 4000x2000mm double
leave steel grill gate to 300x300mm
concrete columns complete with iron
mongery (use 50mmx25mmx6mm SHS
with 38mmx25mmx6mm vertical
members). Provide for epoxy primer paint
5.1 with 2 coats of final gloss paint Nr 1
Provide, cut and place 10mm square
twisted steel rebars in gate columns and
5.2 600mmx600mm footing Kg 20
Ditto 8mm twisted steel rebars as stirrups
5.3 in column @150mm Kg 14
Mass concrete class C20/25 in:
5.4 Concrete to poles CM 4
5.5 300mmx300mm Gate columns CM 0.5
Formwork to;
Column edges over 150mm but not
5.6 exceeding 300 mm girth SM 7
Finishes
25mm thick cement: sand (1:4) screed to
surfaces with 12mm thick lime steel
5.7 trowelled smooth finish on columns SM 7
Gloss painting to columns- code provided
5.8 by Engineer SM 6
5.9 Sub Total for 1 No Gate
5.1 Sub Total for 2 No. Gate
PIT latrine (Provisional)
Supply all the materials and construct sum 1
2.4m x 2m (Mabati all round) by 3 m deep
pit latrine with concrete pedestal and
5.9 locable door
TOTAL FOR FENCE & 2No. GATES CARRIED OVER TO GRAND
SUMMARY

BILL OF QUANTIES FOR CONSTRUCTION OF LORUS WATERPAN TO 30,000 M3

BILL NO. 6: CONSTRUCTION OF AUXILLARY STRUCTURES
S/N Description Unit Qty Rate Amount
O. (KES) (KES)
6.1 Draw-off system (Provisional)
 6.1. Supply and install AFRIDEV pump Lumps
1 system as directed by the Project um 1.00
Engineer (Provisional)
6.1. Allow for excavate, provide for No. 1
2 materials and construct lockable
masonry chambers with internal
dimensions 1000mm x1000mm x1000
mm as indicated in the drawings and as
directed by the Engineer. Rates to
include formwork.
6.1. Allow for excavation of shallow well Item 1
3 complete with 900mm Circular culvert
lining and 1200mm wide top cover for
communal draw off not exceeding 4m
depth.
Sub-Total
6.2 Cattle Ramp (Provisional)
6.2. Provide for stone pitching protection M3 135
1 to cattle ramp 15m wide with hard
core stone materials and 15m wide for
300mm thick as shall be directed by
engineer.
6.2. Sub Total for 1 No Cattle Ramp
2
6.2. Sub-Total for 2 No. Cattle Ramp
3
TOTAL BILL NO. 6: CARRIED OVER TO GRAND SUMMARY

LOT 3 - URUM BOREHOLE

The contractor shall drill the boreholes at the exact locations as per the hydrogeological survey
report. The Employer is responsible for providing all land, way-leaves and easements for the
permanent works. The contractor shall be deemed to have fully informed himself as to the
suitability of the roads or tracks to the sites and shall exercise due care in the use of such roads
and shall make good any damage caused by their use. The contractor shall provide such
temporary tracks to the actual borehole location as are necessary, with as little as possible
interference with existing fences and cultivated land.

64
 Mobilization

Mobilization shall consist of all, necessary manpower, drilling rig and tools, and construction
materials to different sites. Demobilization shall consist of clean-up work and operations
including but not limited to those necessary to the removal of personnel, equipment, and
incidentals from the project site.

The Contractor shall also mobilize all the necessary materials such as water for drilling, drilling
chemicals fuels etc., which are required during the progress of the works.

Minimum Equipment, Facilities and Personnel

The following will be required at the drilling site:

• One (1) drilling rig with skilled complete crew. Specify type of drilling rig and its
ownership too. The rig shall be capable of drilling to a depth ranging up to 200 meters.

• The rig is to be fully supported with a competent supervisor assigned full time for the
duration of the project. Drilling supervisors shall be, unless agreed otherwise, the
contractor’s elected representative vested with the authority to receive and administer
instructions while making all decisions necessary for the efficient execution of the
works.

• The rig is to be equipped with a drilling foreman who will be responsible for all borehole
development and well testing activities and must have independent transport means.

• All support equipment necessary for the operation and maintenance of the rig and
pumping equipment.

• Transport and communication facilities for the contractor’s drilling, construction and
installation crew.

• Temporary accommodation fitted with adequate sanitation and offices for the
construction team and construction supervisors.

• Temporary store facilities for materials, fuel, chemicals and lubricants used for
construction activities.

• All necessary materials for well completion (plain and slotted casings, etc.), well testing
and execution of civil works as appropriate.

• All necessary testing equipment including EC meter for electrical conductivity and
Deep meter.

DRILLING
General instructions
An 8" borehole should be air drilled to a maximum depth of 170m bgl and a minimum of
150 m; yield increases with depth.
The most suitable location for the borehole is at VES 1 Profile 1 point 7 (Latitudes 0688562
Longitudes 0325612 Alt 1011M Asl).
Considering that the upper aquifers in this region are quite vulnerable to depletion, all
aquifers encountered from ground level down to a penetration depth of about 80m should
be sealed off with plain casings and bentonite cement to avoid any possible further
depletion of these shallow groundwater resources and in turn avoid any impact to any
 surrounding borehole abstracting water from this vulnerable level. This borehole will only
abstract water from the deepest aquifers within the fractured metamorphic. Thus, there
won’t be any foreseen interference in the hydraulic properties of the existing boreholes or
their groundwater abstraction trends.
The borehole should be cased using machine made MILD STEEL screen casings and plain
casings.
Test pumping should be done for 24 consecutive hours to aid in determining the safe
pumping yield and appropriate pump size.
A piezometer should be installed in the borehole to enable monitoring of the water level.
A water sample should be collected at the end of the test pumping to be taken to a
competent lab for a complete water quality test.
Drilling additives must be non-toxic and biodegradable.
Units of measurements for drilling shall be in meters and measurements are taken based
on geological samples taken after drilling.
The rates of drilling shall be based on geological formations and as quoted.
Geological logging shall be performed after the end of each drilling and drawings should be
submitted accordingly.
Drilling up to the estimated depth shall not necessarily proceed and drilling can be ceased
based on the hydrogeological and geological condition when approved by client
representative.
Test pumping equipment should be independent from the drilling rig(s).
The upper part of the well (6 m) should be drilled using 12 1/4-inch diameter bit for the
upper un-consolidated part and shall be installed at 12-inch surface casing. The remainder
of the drilling depth should be drilled at 8 inch drill bit.

The diameter of the wells shall not be less than 8 inch. The contractor shall drill to such
depth and diameter as guided by the reports of the hydro-geophysical studies.
Installation of any temporary casing required for the construction of the boreholes will be
left to the contractor so long as the finished product meets the borehole specifications.
Cost for supply, installation and removal of temporary casing shall be borne entirely by the
contractor. The contractor shall not claim any casing that is not retrievable and left in the
borehole.

No borehole will be accepted if drilled to such depth and diameter other than instructed by
the Engineer/client representative/hydrogeological reports.
Drilling at smaller diameter followed by reaming to the recommended diameter will not be
acceptable and such reaming shall be the responsibility of the contractor.
The minimum depth of the borehole should be as specified in table 1, table 2 and table 3
above and to a depth as may be advised by the hydrogeologist/client representative.
However, the hydrogeologist/client representative could stop the drilling before reaching
the recommended drilling depth, provided that the yield of the borehole is determined to
be sufficient to cover water demand of the community.

Yield estimate during drilling

For rotary drilling method, a 90° V-notch flow measurement shall be used in the drain line so
that continuous monitoring of airlift yields can be obtained. Care should be taken to ensure
that no floating debris impede the flow of water over the V-notch. The weir shall at all times
be kept clear of a build-up of silt and other fines. The contractor shall provide the calibration
curve, to be verified and approved by the Engineer/client representative, for the V-notch weir.
64
Average yields shall be read and rated at every aquifer struck and as otherwise directed by the
Engineer/client representative.

In case of change from rotary to percussion drilling, if the confirmatory survey recommends so,
a bailer test of at least 30 minutes’ duration shall be carried out for each aquifer encountered.

Verticality test
If required by the Engineer/client representative, the contractor will conduct a verticality test
during and after drilling by approved methods to demonstrate that the departure from the
verticality does not exceed 3 in 100 between ground level and the base of the borehole.
If this departure is exceeded, the contractor shall make the necessary corrections to the
approval of the Engineer/client representative without additional payments. If the error
cannot be corrected, drilling shall cease, and a new borehole shall be drilled at a position nearby
as indicated by the Engineer/client representative. No payment shall be made for the
alternative drilling and the sealing of the abandoned borehole or for moving to the alternative
point.
Environmental protection for the site
Care must be taken in the handling and storage of all drilling fluids, oils, greases and fuel on site
to avoid any degradation. The contractor shall dispose of any toxic materials, drilling fluid and
other additives, cuttings and discharged water in a manner approved by the Engineer/client
representative so as not to create damage to public and private property.

Submission of samples and testing

Continuous samples (minimum, 250 grams) of the strata penetrated shall be collected for each
2-m interval and by whatever method that is standard for the drilling techniques in use and
approved by the Engineer/client representative. Samples are not to be washed. The samples
shall be put into suitable sample bags, labelled with waterproof labels with the depth interval
and delivered to respective government water department offices without delay. Geological
logging will be the responsibility of the contractor and is to be carried out by his qualified
hydro-geologist.
Before incorporating in the permanent works any materials or products, which s/he supplies
under the contract, the contractor shall submit to the Engineer/client representative for
her/his approval a sample or each respective material or product and such samples shall be
delivered to and kept by him for reference.
All the respective types of materials and products used in the works shall be at least equal in
quality to the approved samples. Each and every sample shall be a fair average of the bulk
material or of the product that it represents. The Engineer/client representative may decide
the method by which each sample to be taken from bulk shall be obtained.
Where deemed necessary by the Engineer/client representative, samples may be taken for
testing at the employer’s laboratory to confirm compliance with the specification requirement.
Where tests cannot be performed by the employers’ laboratory, samples will be submitted to
an independent laboratory for testing at the contractors cost.
Water supply for drilling
The contractor shall make his own arrangements for obtaining, storing, transporting and
pumping of water required for drilling/development purposes, and for use by the drilling crew
at their campsite. The costs for the same are deemed to be included in the BOQ rates.

BOREHOLE CASING
The well should be cased and screened with good quality material owing to the depth of the
borehole.
 Surface steel casing of minimum 12 inch might be needed for the upper unconsolidated
sediments.
The production casings and screens shall be 8-inch mild steel as this would allow for
equipping with bigger capacity pumps for long-term development/advancement in
water supply for future demand.
The rates of casing (blind or screen) shall include installing up to desired depth.
Installations of casings and screens shall be up to required depth as per standards and
the geological logs to meet the function of the aquifer and the type of pumps to be used.
Minimum wall thickness for all well casing shall be 10 mm.
The minimum open area of the screens should be 5%.
Well screen shall be continuous slot wire wound screens as manufactured by Johnson
screens or equivalent. For different sizes, the slot size should be specified by the
Engineer/client representative after sieve analysis of the aquifer samples.
We strongly advise against the use of torch-cut steel well casing as screen. In general,
its use will reduce well efficiency (which leads to lower yield), increase pumping costs
through greater draw down, increase maintenance costs, and eventually reduction of
the potential effective life of the well.
Gravel pack
- The use of a gravel pack is recommended within the aquifer zone. A 10" diameter borehole
screened at 6" will leave an annular space of approximately 2". The slot size should be in the
order of 1.5 mm.

- The Contractor shall supply river gravel pack, round particles of uniform grading with 95%
siliceous material and conform to the 2-4 mm diameter grain size, selected based on the
geological strata of the drilled well.

- The gravel should be having sufficient strength and proper sizes to meet the designed
screen for proper filtration.

- There shall be no clay, shale’s, silt, fines, excessive amounts of calcareous materials and no
crushed rock. Sampling and analysis at site will be required for confirmation of delivered
materials.

- The gravel shall be washed before installation to remove weathered particles before
packing.

- Sufficient amount of gravel pack shall be installed to completely cover the uppermost
screen measured in m3 or using a suitable volumetric method as approved by the
Engineer/client representative.

- The annular space above the clay seal shall be back filled with inert drill-cuttings.

64
Figure 1: Example of gravel pack to be used

Other works to the drilled borehole

2.6.1. Sanitary seal
- In installing screen and casing, centralizers at 6meter intervals should be used to ensure
centrality within the borehole. This is particularly important for correct insertion of
artificial gravel pack all around the screen.

After installation, the gravel pack should be capped with a 2meter vertical column of clay
sanitary seal to prevent any seepage that may contaminate aquifers with subsequent pollution
of ground water.
The remaining annular space should be backfilled with an inert material, and the top 5 meters
grouted with cement to ensure that no surface water at the wellhead can enter the well bore
and cause contamination. Grout is to be injected, by a method approved by the Engineer/client
representative, into the annulus between the casing and the wall of the hole.
- Any aquifer bearing saline or poor quality water shall also be sealed.

2.6.2. Development and cleaning of borehole

- The contractor shall carry out development and cleaning of borehole by airlifting and air
jetting methods upon completion of the drilling and installation of casing and gravel pack.
The use of the mechanical plunger, which physically agitates the gravel pack and adjacent
aquifer material can also be used. Development shall be done effective from the depth at
which water is encountered to the bottom of the borehole. This shall be done to remove
silts, clays and drilling fluid residues deposited on the borehole wall and adjacent portions
of the aquifer during the drilling process. Cleaning also helps to arrange the positions of
gravels for a good filter media so that clean water can be drawn while developing

- The time interval for cleaning and developing shall be of minimum twelve (12hrs)

- If organic drilling fluids are used, they shall be broken down chemically according to the
manufacturer’s recommendations before or during development. Clay desegregation by
means of sodium hexametaphosphate (calgon) treatment might be necessary and should
be allowed for.
- Development shall continue until the water is completely free from fine particles, as
decided by the Engineer/client representative.

- Upon completion of development, any accumulation of material shall be removed from the
bottom of the borehole by airlifting.

- Within this frame the pump should be installed at least 2 m above the screen, certainly not
at the same depth as the screen.

Test pumping
A well test consists of pumping a well from a measured start level (Water Rest Level - (WRL) at
a known or measured yield, and simultaneously recording the discharge rate and the resulting
drawdowns as a function of time. Once a dynamic water level (DWL) is reached, the rate of
inflow to the well equals the rate of pumping. Usually the rate of pumping is in¬creased
stepwise during the test, each time equilibrium has been reached (Step Draw down Test).
Towards the end of the test a water sample of 2 liters should be collected for chemical analysis.

The duration of the test should be 24 hours, followed by a recovery test for a further 24 hours,
or alternatively until the initial WRL has been reached (during which the rate of recovery to
WRL is recorded). The results of the test will enable a Hydrogeologist to calculate the optimum
pumping rate, the pump installation depth, and the draw down for a given discharge rate.

The British Standard BS 6316; 1992 Code of Practice for Test Pumping of Water Wells shall
be followed, which includes;

• A period of recovery after production pumping/development;

• A pre-test (calibration, typically 2 to 3 hours);

• A period of recovery after pre-test;

• A step draw-down test (typically five steps, each of 2 hours’ duration; total 10 hours);

• A period of recovery after step draw-down test;

• A constant discharge test (typically) 24 hours); and

• A recovery test (typically 12 hours).

• Analysis of test results

2.7.1 Method and equipment for test pumping

The contractor shall provide the following equipment
i. Submersible pump designed to pump water at the desired depth and measured
discharge rate.

ii. Diesel generator to run the pump.

iii. Suitable devices to measure the discharge.

iv. Water level measurement device capable of measuring the desired depth.

2.7.2 Data collection

Step draw-down test:
64
 • Test pumping will comprise of an extended step draw-down test of 2 hours’ duration for
each step and minimum of five (5) steps is required. This will be analyzed to determine
an estimate of the aquifer’s transmissivity to find out a suitable pumping rate for the
constant discharge test.

Continuous Draw-down (Constant rate Test)

The duration of the test shall be 24 hours, and is undertaken to determine;

- Whether the aquifer is confined, unconfirmed or semi-confined;

- The aquifer’s transmissivity; and where measurements from an observation well are also
available, the aquifer’s storage coefficient.

Recovery test

After 24 hours of continuous test, the pump should be turned off and measurement of water
level recovery should immediately be undertaken

Field analysis

During the pumping tests, pH, electrical conductivity and the temperature of the water should
be measured.

Physiochemical analysis

Two samples of 5 liter shall be collected at the end of the pumping test for further chemical
analysis of the water in order to determine the portability of the water and should be compared
with WHO guideline. The test to be performed are bacteriological and physio-chemical
analysis. The parameters that to be analyzed should include: PH, Alkalinity, Hardness,
Electrical Conductivity, and major and minor Cations & Anions (Na+1, K+1, Ca+2, Mg+2, Fe+3,
HCO3, CO3-2, Cl-1, F-1, NO3, NO2 and so on), arsenic, manganese, fluorides, nitrates, TDS, SS
etc.

The contractor should inform the designated site Engineer/client representative about a
propose date of pump test in advance so that a site Engineer/client representative can avail
himself in the field during the pump test.

The contractor shall provide a suitable means of achieving the rate of flow specified.

Test pumping should start at least 12 hours after completion of development and cleaning of
the borehole.

Discharge measurements shall be made by volumetric method or otherwise approved

calibrated measuring devise.

During the test pumping, the discharged water must be handled and disposed of in an
appropriate manner to a point of overland drainage sufficiently far from the well to prevent
recharge. The water shall be diverted over a distance of at least 100-metre from the wellhead.
This condition may not be required for confined aquifer but approval to vary this distance must
be obtained from the Engineer/client representative.
During all test-pumping operations, once the flow rate has been determined and preliminary
adjustments made, the measured discharge rate shall be maintained within ±5% of the
required rate for the duration of the test.

Failure of the pump operation during the test shall require abortion of the whole test and the
test shall be repeated after recovery of the water level. No payment shall be made for aborted
tests or for standing time during water level recovery after aborted tests. Test pumping
comprises the following activities:

Calibration Test: - The borehole shall be subject to calibration test to establish the
approximate yield and draw down characteristics and to decide upon pumping rates for step
draw down or constant discharge tests.

Step draw down test: - The step draw down test shall comprise pumping the well at four to six
separate discharge rates as shall be specified by the Engineer/client representative. Each
discharge rate shall be pumped for a period of two hours. The change from one pumping rate
to the next shall be effected without stopping the pump, but by means of regulating a globe
valve in the discharge pipe, or by any other means to be approved by the Engineer/client
representative. The change from one step to the next shall take place in the shortest time
possible.

During each step of the draw down test, water levels and discharge measurements shall be
taken at appropriate time intervals as shall be instructed by the Engineer/client
representative; while at the same time electrical conductivity (EC) readings shall be taken.

After completion of the last step, 12 hours’ recovery is to be undertaken. For very low yielding
boreholes (<3m³/h), the Engineer/client representative may waive the requirement of step
draw down test.

Constant Discharge Test: - Separate constant discharge test for maximum duration of forty-
eight (48) hours of pumping and twelve (12) hours of recovery shall be implemented. The
discharge rate at which the well is to be pumped shall be specified prior to the test. During the
test, water level and discharge measurements shall be taken at the same time intervals as for
the step draw down test.

Test pumping data from all tests conducted from each borehole shall be supplied to the
Engineer/client representative. These will show dates, water levels, discharge rates, EC values,
times of starting and stopping the pumping change in discharge, weather and other conditions
that could affect the test data.

2.7.3 Water level observation

The Contractor shall supply appropriate electric contact level gauges for measuring water
levels in the boreholes to the nearest 10-millimetre at pre-determined intervals. Wellhead
arrangements shall permit these gauges to be inserted and passed freely. Hereto the
contractor shall be required to install a dipper tube, minimum 19-millimetre internal diameter
(ID) lowered approximately 1-metre above the pump intake or approximately 2-metres below
anticipated maximum draw down level. Other methods for measuring water levels are subject
to the approval by the Engineer/client representative. Cost of water level observations is
included in the BOQ rates for test pumping.

64
 2.7.4 Well disinfection
Disinfection of the borehole shall be carried out by the contractor before demobilization from
the site. This shall be done by placing a chlorine solution into the well so that a concentration
of at least 50mg/l of available chlorine exists in all parts of the borehole at static conditions. All
the borehole surfaces above the static water level shall be completely flushed with the
solution. The solution shall remain in the borehole for a minimum of 2 hours before pumping
the borehole to waste.

2.7.5 Borehole capping

The contractor shall, on completion of each borehole, cap the top of the borehole with a 5-mm-
thick mild steel blank flange. The blank flange shall be 600-mm above the ground level and be
spot-welded to the 2-m long mild steel casing coated internally and externally with two coats
of non-toxic bitumen or epoxy paint to the approval of the Engineer/client representative.

This casing shall fit neatly; over the mild steel casing and be permanently grouted in at the time
of completion of the borehole. Prior to, during and after the construction of the wellhead, the
contractor must ensure that no debris whatsoever falls into the borehole.

During borehole construction, installation, development and test pumping, the Contractor
shall use all reasonable measures to prevent entrance of foreign matter into the borehole. The
Contractor shall be responsible for any objectionable materials that may fall into the borehole
and any effect it may have on water quality and/or quantity until completion of works and
acceptance by the Engineer/client representative.

The contractor shall therefore construct a well-built well head in order to protect the well
against pollution. The well head should be constructed with concrete mix of 1:2:2 ratios.

2.7.6 Site clearance

On completion of each borehole, the site must be left clean and free from all debris,
hydrocarbon and waste, and all pits filled to the approval of the Engineer/client representative.
A site not delivered clean may render the borehole unacceptable. The specification should be
itemized together with a standard borehole design.

Borehole works Conditions

2.8.1 Records
The Contractor shall keep daily activity records for the borehole. The record should include;

• Site name;

• Borehole reference Number;

• Date of reporting;

• Names of Drilling Team Staff;

• Drilling method;

• Bore Diameter and depth, including diameter changes and their corresponding depths;

• Depth and size of casing at start and end of sift/working day;

• Description of rocks drilled with depths of transitions encountered;

• Depths of water struck levels;

 • Depth of main aquifer;

• Estimated yield of airlift measurement when drilling and developing with air;

• Time log (min/metre), for penetration rates for given type of bit and standby time due
to breakdown;

• Depth intervals at which each formation samples are taken;

• Records of components and quantities used or added to the drilling or air;

• Water level at the start of each working day;

• EC measurements;

• Problems encountered during drilling;

• Details on installation in the borehole (if any);

• Depth and description of well plain and screen casing and

A copy of the daily record shall be made available daily to the Engineer/client representative
for signature, including any other pertinent data as may be requested by the Engineer/client
representative.

2.8.2 Borehole Completion Report

A final report shall be produced for well including but not limited to the following information:

✓ Location and reference number of the well

✓ Make and type of drilling rig and details of tools used

✓ Names of Foremen and Drillers

✓ The detailed log of drilling activities

✓ Well screen and casing arrangements

✓ Details of gravel pack sections, Bentonite seals and inert fillings

✓ Details of development operations carried out.

✓ Detailed diary of test pumping operations.

✓ Result of pumping test analysis

✓ A complete record to all water level readings time and discharge.

✓ Details of the pump and its installation depth.

Complete chemical analysis of ground water

2.8.3 Acceptance of borehole

The borehole shall consider a positive borehole only if a minimum discharge of the borehole is
6 m3/hr and only accepted by the Engineer/client representative upon satisfactory completion
of all borehole construction operations as per the technical specifications.

64
 2.8.4 Loss of equipment
Any equipment lost down a borehole must be removed or the borehole will be considered a
lost bore. A replacement borehole will have to be constructed and tested at the contractor’s
expense.

2.8.5 Lost bore

Should any incident to the plant, behavior of the ground, jamming of tools or casing, or any
other cause prevent the satisfactory completion of the works, a borehole shall be deemed lost
and no payments shall be made for that borehole or for any materials not recovered there from,
nor for any time spent during drilling or while attempting to overcome problems.

In the event of a lost bore, the contractor shall permanently seal the bore and construct a
borehole immediately adjacent to the lost bore or at a site indicated by the Engineer/client
representative. The option of declaring any bore lost shall rest with the Contractor, subject to
the approval of the Engineer/client representative.

The abandoned borehole shall be treated as follows:

• The Contractor may salvage as much casing from the bore as possible and use it in the
alternative borehole with the approval by the Engineer/client representative;

• Salvaged materials shall be property of the Contractor;

• The lost bore shall be sealed by concrete, cement grout, or neat cement, and shall be
placed from bottom upwards by methods that avoid segregation or dilution of materials,
and

• The upper two (2) – meters of the bore shall be backfilled with native topsoil. Sealing of
the bore shall be done in such a manner as to avoid accidents and to prevent it from
acting as a vertical conduit for transmitting contaminated surface or subsurface waters
into the water bearing formations.

2.8.6 Standby time

In the event of delays occurring as a result of action or inaction by the Engineer/client
representative for which the Contractor would be entitled to claim standby time, the
contractor should notify the Engineer/client representative immediately in writing that such
claims are becoming applicable.

2.8.7 Insurance
All required insurance for public and private liability covering injury or death and property
damage or loss will be the sole responsibility of the contractor. The contractor will provide
WORLD VISION with the insurance certificates before the works commence.

Borehole drilling contract conditions and variations

Based on the provided hydro-geophysical study report, WORLD VISION and contractor will
discuss to agree on risk sharing of a negative borehole if any before proceeding to this contract
(risk sharing is maximum of 50%). By “Negative” borehole it means the drilled borehole does
not yield the required portable water3 of minimum yield 6 m3/hr. This does not affect “no cure
no pay” agreement with Water Sector Trust Fund (WSTF).

3
Meeting WHO and national standard guidelines
The Contractor should communicate any variation in writing to the engineer/client
representative and forwarded to the client, accompanied by recommendations, for a decision.
No works in relation to the requested variation shall be undertaken by the contractor until a
decision is made by the client and given to the contractor in writing. Any claim for payment by
the contractor for variations to the contract undertaken without approval will not be paid.

The contractor is expected to clearly read between the lines and note the condition of the
contract before submitting a bid document and signing a contract agreement with WORLD
VISION.

64
 1. BILLS OF QUANTITIES

Unit Price
ITEM DESCRIPTION UNIT QTY (KSH) TOTAL (KSH)

1 Preliminary
Mobilization of all plant,
materials, equipment and
1.1 personnel. LS 1
Demobilization of all plant,
materials, equipment and
1.3 personnel. LS 1
Site clearance, preparation of
mud pit and setting up of the
1.4 drilling rig. LS 1
Provide for confirmatory
hydrogeological survey for
1.5 productive borehole LS 1
WELL DRILLING – The drilling
equipment and methods used
should be capable of drilling
through unconsolidated
material, hard and compact
rocks. (drilling depths and
2 development are provisional)
Drilling by DTH hammer
methods 150mm (6") borehole
soft formation at a diameter
large enough to allow
installation of a 8'' temporary
2.1 casing 0 to 6 meters. Meter 6
Drilling by DHT methods 204
mm (8") borehole in hard
formation to allow for
installation of 204mm (8") inch
internal diameter permanent
2.3 casing 0 to 150 meters. Meter 164
Lithological logging - sampling
and storing drill cuttings
2.4 sampled at 2m intervals Nos. 85
SUPPLY AND INSTALLATION
3 OF MATERIALS
Supply of water for
3.1 drilling/development Ls 1
Surface plain casing of mild
steel, 5mm pipe thickness 8"
3.2 diameter Meter 6
Supply and installation of 6" ND
mild steel permanent plain
casing as instructed by
3.3 supervisor. Meter 120

5 60
9
 Unit Price
ITEM DESCRIPTION UNIT QTY (KSH) TOTAL (KSH)
Supply and installation of 6" ND
mild steel permanent screen
casings as instructed by the
3.4 supervisor. Meter 50
3.5 Installation of bottom plug/cap No. 1
4 Well sanitary protection work
Supply and installation of gravel
pack clean well rounded
comprising 90% quartzitic
gravel material to fill annular
space and /or casing (payable as
4.1 per depth of the borehole) CM 6
Clay seal backfill (2-10m from
4.2 ground level) Meter 5
Grout with mass concrete to a
4.3 depth of 3m CM 1

WELL CLEANING,
DEVELOPMENT AND
5 COMPLETION
Well cleaning and development
by airlifting for a minimum of 6
hours until a stabilized
satisfactory yield is reached and
5.1 turbidity is less than 5 NTU Hour 6
Concrete well head 1m
x1mx.3m construction and
5.2 capping Item. 1

6 TEST PUMPING
Step drawdown test (2 hours) in
6.1 5 steps Hour 10
Constant discharge test for a
period of 24 hours, which might
be extended at the discretion of
supervisor if the water level has
not stabilized after the 24 hours.
The Contractor shall provide a
suitable means of achieving the
6.2 rate of flows specified Hour 24
6.3 Monitoring recovery test Hour 12
Water quality testing and
analysis (physical, chemical and
bacteriological) to be
undertaken in a Kenya Water
Resources Authority
laboratory.
6.4 Arsenic test is mandatory No. 1
Clean and disinfect well post
drilling and pump testing using
6.5 HTH chlorine Lumpsum 1
7 REPORTING
64
 Unit Price
ITEM DESCRIPTION UNIT QTY (KSH) TOTAL (KSH)
Well completion report
stratigraphic and construction
logs, pump testing data and
analysis, water quality data and Lump
7.1 analysis – (4 copies) sum 1
TOTAL FOR COMPLETE DRILLED AND CAPPED
BOREHOLE
Any other charges- please specify

TOTAL FOR COMPLETE ONE (1) DRILLED AND CAPPED BOREHOLE

62
 PART III - CONDITIONS OF CONTRACT AND CONTRACT FORMS

64
SECTION VIII - GENERAL CONDITIONS OF CONTRACT

These General Conditions of Contract (GCC), read in conjunction with the Special Conditions of
Contract (SCC) and other documents listed therein, should be a complete document expressing fairly
the rights and obligations of both parties.

These General Conditions of Contract have been developed on the basis of considerable international
experience in the drafting and management of contracts, bearing in mind a trend in the construction
industry towards simpler, more straightforward language.

The GCC can be used for both smaller admeasurement contracts and lump sum contracts.

General Conditions of Contract

A. General

1. Definitions

1.1 Bold face type is used to identify defined terms.

a) The Accepted Contract Amount means the amount accepted in the Letter of Acceptance
for the execution and completion of the Works and the remedying of any defects.
b) The Activity Schedule is a schedule of the activities comprising the construction,
installation, testing, and commissioning of the Works in a lump sum contract. It includes a
lump sum price for each activity, which is used for valuations and for assessing the effects of
Variations and Compensation Events.
c) The Adjudicator is the person appointed jointly by the Procuring Entity and the
Contractor to resolve disputes in the first instance, as provided for in GCC 23.
d) Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.
e) Compensation Events are those defined in GCC Clause 42 hereunder.
f) The Completion Date is the date of completion of the Works as certified by the Project
Manager, in accordance with GCC Sub-Clause 53.1.
g) The Contract is the Contract between the Procuring Entity and the Contractor to
execute, complete, and maintain the Works. It consists of the documents listed in GCC Sub-
Clause 2.3 below.
h) The Contractor is the party whose Bid to carry out the Works has been accepted by the
Procuring Entity.
i) The Contractor's Bid is the completed bidding document submitted by the Contractor to
the Procuring Entity.
j) The Contract Price is the Accepted Contract Amount stated in the Letter of Acceptance
and thereafter as adjusted in accordance with the Contract.
k) Days are calendar days; months are calendar months.
l) Day works are varied work inputs subject to payment on a time basis for the Contractor's
employees and Equipment, in addition to payments for associated Materials and Plant.
m) A Defect is any part of the Works not completed in accordance with the Contract.
n) The Defects Liability Certificate is the certificate issued by Project Manager upon
correction of defects by the Contractor.
o) The Defects Liability Period is the period named in the SCC pursuant to Sub-Clause 34.1
and calculated from the Completion Date.
p) Drawings means the drawings of the Works, as included in the Contract, and any additional
and modified drawings issued by (or on behalf of) the Procuring Entity in accordance with
64
 the Contract, include calculations and other information provided or approved by the
Project Manager for the execution of the Contract.
q) The Procuring Entity is the party who employs the Contractor to carry out the Works, as
specified in the SCC, who is also the Procuring Entity.
r) Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to
construct the Works.

s) “In writing” or “written” means hand-written, type-written, printed or electronically

made, and resulting in a permanent record;
t) The Initial Contract Price is the Contract Price listed in the Procuring Entity's Letter of
Acceptance.
u) The Intended Completion Date is the date on which it is intended that the Contractor shall
complete the Works. The Intended Completion Date is specified in the SCC. The Intended
Completion Date may be revised only by the Project Manager by issuing an extension of
time or an acceleration order.
v) Materials are all supplies, including consumables, used by the Contractor for incorporation
in the Works.
w) Plant is any integral part of the Works that shall have a mechanical, electrical, chemical,
or biological function.
x) The Project Manager is the person named in the SCC (or any other competent person
appointed by the Procuring Entity and notified to the Contractor, to act in replacement of
the Project Manager) who is responsible for supervising the execution of the Works and
administering the Contract.
y) SCC means Special Conditions of Contract.
z) The Site is the area of the works as defined as such in the SCC.
aa) Site Investigation Reports are those that were included in the bidding document and are
factual and interpretative reports about the surface and subsurface conditions at the Site.
bb) Specification means the Specification of the Works included in the Contract and any
modification or addition made or approved by the Project Manager.
cc) The Start Date is given in the SCC. It is the latest date when the Contractor shall
commence execution of the Works. It does not necessarily coincide with any of the Site
Possession Dates.
dd) A Subcontractor is a person or corporate body who has a Contract with the Contractor to
carry out a part of the work in the Contract, which includes work on the Site.
ee) Temporary Works are works designed, constructed, installed, and removed by the
Contractor that are needed for construction or installation of the Works.
ff) A Variation is an instruction given by the Project Manager which varies the Works.
gg) The Works are what the Contract requires the Contractor to construct, install, and turn
over to the Procuring Entity, as defined in the SCC.

2. Interpretation

2.1 In interpreting these GCC, words indicating one gender include all genders. Words indicating
the singular also include the plural and words indicating the plural also include the singular.
Headings have no significance. Words have their normal meaning under the language of the
Contract unless specifically defined. The Project Manager shall provide instructions
clarifying queries about these GCC.

2.2 If sectional completion is specified in the SCC, references in the GCC to the Works, the
Completion Date, and the Intended Completion Date apply to any Section of the Works
(other than references to the Completion Date and Intended Completion Date for the whole

65
 of the Works).

2.3 The documents forming the Contract shall be interpreted in the following order of priority:
a) Agreement,
b) Letter of Acceptance,
c) Contractor's Bid,
d) Special Conditions of Contract,
e) General Conditions of Contract, including Appendices,
f) Specifications,
g) Drawings,
h) Bill of Quantities6, and
i) any other document listed in the SCC as forming part of the Contract.

3. Language andLaw
3.1 The language of the Contract is English Language and the law governing the Contract are the
Laws of Kenya.

3.2 Throughout the execution of the Contract, the Contractor shall comply with the import of
goods and services prohibitions in the Procuring Entity's Country when
a) as a matter of law or official regulations, Kenya prohibits commercial relations with that
country; or
b) by an act of compliance with a decision of the United Nations Security Council taken under
Chapter VII of the Charter of the United Nations, Kenya prohibits any import of goods from
that country or any payments to any country, person, or entity in that country.

4. Project Manager's Decisions

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

5. Delegation
5.1 Otherwise specified in the SCC, the Project Manager may delegate any of his duties and
responsibilities to other people, except to the Adjudicator, after notifying the Contractor, and
may revoke any delegation after notifying the Contractor.

6. Communications
6.1 Communications between parties that are referred to in the Conditions shall be effective only
when in writing. A notice shall be effective only when it is delivered.

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

8. Other Contractors
8.1 The Contractor shall cooperate and share the Site with other contractors, public authorities,
utilities, and the Procuring Entity between the dates given in the Schedule of Other
Contractors, as referred to in the SCC. The Contractor shall also provide facilities and services
for them as described in the Schedule. The Procuring Entity may modify the Schedule of Other
66
 Contractors, and shall notify the Contractor of any such modification.

9. Personnel andEquipment
9.1 The Contractor shall employ the key personnel and use the equipment identified in its Bid, to
carry out the Works or other personnel and equipment approved by the Project Manager.
The Project Manager shall approve any proposed replacement of key personnel and
equipment only if their relevant qualifications or characteristics are substantially equal to or
better than those proposed in the Bid.
9.2 If the Project Manager asks the Contractor to remove a person who is a member of the
Contractor's staff or work force, stating the reasons, the Contractor shall ensure that the
person leaves the Site within seven days and has no further connection with the work in the
Contract.
9.3 If the Procuring Entity, Project Manager or Contractor determines, that any employee of the
Contractor be determined to have engaged in Fraud and Corruption during the execution of
the Works, then that employee shall be removed in accordance with Clause 9.2 above.

10. Procuring Entity's and Contractor's Risks

10.1 The Procuring Entity carries the risks which this Contract states are Procuring Entity's risks,
and the Contractor carries the risks which this Contract states are Contractor's risks.

11. Procuring Entity's Risks

11.1 From the Start Date until the Defects Liability Certificate has been issued, the following are
Procuring Entity's risks:
a) The risk of personal injury, death, or loss of or damage to property (excluding the Works,
Plant, Materials, and Equipment), which are due to
i) use or occupation of the Site by the Works or for the purpose of the Works, which is
the unavoidable result of the Works or
ii) negligence, breach of statutory duty, or interference with any legal right by the
Procuring Entity or by any person employed by or contracted to him except the
Contractor.

b) The risk of damage to the Works, Plant, Materials, and Equipment to the extent that it is due
to a fault of the Procuring Entity or in the Procuring Entity's design, or due to war or
radioactive contamination directly affecting the country where the Works are to be
executed.
11.2 From the Completion Date until the Defects Liability Certificate has been issued, the risk of
loss of or damage to the Works, Plant, and Materials is a Procuring Entity's risk except loss or
damage due to
aa) a Defect which existed on the Completion Date,
bb) an event occurring before the Completion Date, which was not itself a Procuring Entity's
risk, or
cc) the activities of the Contractor on the Site after the Completion Date.

12. Contractor's Risks

12.1 From the Starting Date until the Defects Liability Certificate has been issued, the risks of
personal injury, death, and loss of or damage to property (including, without limitation, the
Works, Plant, Materials, and Equipment) which are not Procuring Entity's risks are
Contractor's risks.

67
13. Insurance

13.1 The Contractor shall provide, in the joint names of the Procuring Entity and the Contractor,
insurance cover from the Start Date to the end of the Defects Liability Period, in the amounts
and deductibles stated in the SCC for the following events which are due to the Contractor's
risks:
a) loss of or damage to the Works, Plant, and Materials;
b) loss of or damage to Equipment;
c) loss of or damage to property (except the Works, Plant, Materials, and Equipment) in
connection with the Contract; and
d) personal injury or death.
13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Project
Manager for the Project Manager's approval before the Start Date. All such insurance shall
provide for compensation to be payable in the types and proportions of currencies required to
rectify the loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and certificates required, the Procuring
Entity may effect the insurance which the Contractor should have provided and recover the
premiums the Procuring Entity has paid from payments otherwise due to the Contractor or,
if no payment is due, the payment of the premiums shall be a debt due.
13.4 Alterations to the terms of an insurance shall not be made without the approval of the Project
Manager.
13.5 Both parties shall comply with any conditions of the insurance policies.

14. Site Data

14.1 The Contractor shall be deemed to have examined any Site Data referred to in the SCC,
supplemented by any information available to the Contractor.

15. Contractor to Construct the Works

15.1 The Contractor shall construct and install the Works in accordance with the Specifications and
Drawings.

16. The Works to Be Completed by the Intended Completion Date

16.1 The Contractor may commence execution of the Works on the Start Date and shall carry out
the Works in accordance with the Program submitted by the Contractor, as updated with the
approval of the Project Manager, and complete them by the Intended Completion Date.

17. Approval by the Project Manager

17.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary
Works to the Project Manager, for his approval.
17.2 The Contractor shall be responsible for design of Temporary Works.

17.3 The Project Manager's approval shall not alter the Contractor's responsibility for design of
the Temporary Works.
17.4 The Contractor shall obtain approval of third parties to the design of the Temporary Works,
where required.
17.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent
Works, are subject to prior approval by the Project Manager before this use.

68
 18. Safety

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

19. Discoveries

19.1 Anything of historical or other interest or of significant value unexpectedly discovered on the
Site shall be the property of the Procuring Entity. The Contractor shall notify the Project
Manager of such discoveries and carry out the Project Manager's instructions for dealing with
them.

20. Possession of the Site

20.1 The Procuring Entity shall give possession of all parts of the Site to the Contractor. If
possession of a part is not given by the date stated in the SCC, the Procuring Entity shall be
deemed to have delayed the start of the relevant activities, and this shall be a Compensation
Event.

21. Access to the Site

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

22. Instructions, Inspections and Audits

22.1 The Contractor shall carry out all instructions of the Project Manager which comply with the
applicable laws where the Site is located.
22.2 The Contractor shall keep, and shall make all reasonable efforts to cause its Subcontractors
and sub-consultants to keep, accurate and systematic accounts and records in respect of the
Works in such form and details as will clearly identify relevant time changes and costs.
22.3 The Contractor shall permit and shall cause its subcontractors and sub-consultants to permit,
the Procuring Entity and/or persons appointed by the Public Procurement Regulatory
Authority to inspect the Site and/or the accounts and records relating to the procurement
process, selection and/or contract execution, and to have such accounts and records audited
by auditors appointed by the Public Procurement Regulatory Authority. The Contractor's
and its Subcontractors' and sub-consultants' attention is drawn to Sub-Clause 25.1 (Fraud
and Corruption) which provides, inter alia, that acts intended to materially impede the
exercise of the Public Procurement Regulatory Authority's inspection and audit rights
constitute a prohibited practice subject to contract termination (as well as to a determination
of ineligibility pursuant to the Public Procurement Regulatory Authority's prevailing
sanctions procedures).

23. Appointment of the Adjudicator

23.1 The Adjudicator shall be appointed jointly by the Procuring Entity and the Contractor, at the
time of the Procuring Entity's issuance of the Letter of Acceptance. If, in the Letter of
Acceptance, the Procuring Entity does not agree on the appointment of the Adjudicator, the
Procuring Entity will request the Appointing Authority designated in the SCC, to appoint the
Adjudicator within 14 days of receipt of such request.
23.2 Should the Adjudicator resign or die, or should the Procuring Entity and the Contractor agree
that the Adjudicator is not functioning in accordance with the provisions of the Contract, a
new Adjudicator shall be jointly appointed by the Procuring Entity and the Contractor. In
case of disagreement between the Procuring Entity and the Contractor, within 30 days, the
Adjudicator shall be designated by the Appointing Authority designated in the SCC at the
request of either party, within 14 days of receipt of such request.

69
24. Settlement of Claims and Disputes

24.1 Contractor's Claims

24.1.1 If the Contractor considers itself to be entitled to any extension of the Time for
Completion and/or any additional payment, under any Clause of these Conditions or
otherwise in connection with the Contract, the Contractor shall give Notice to the Project
Manager, describing the event or circumstance giving rise to the claim. The notice shall be
given as soon as practicable, and not later than 30 days after the Contractor became aware,
or should have become aware, of the event or circumstance.

24.1.2 If the Contractor fails to give notice of a claim within such period of 30 days, the Time
for Completion shall not be extended, the Contractor shall not be entitled to additional
payment, and the Procuring Entity shall be discharged from all liability in connection with
the claim. Otherwise, the following provisions of this Sub- Clause shall apply.

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

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

24.1.5 Within 42 days after the Contractor became aware (or should have become aware) of
the event or circumstance giving rise to the claim, or within such other period as may be
proposed by the Contractor and approved by the Project Manager, the Contractor shall
send to the Project Manager a fully detailed claim which includes full supporting
particulars of the basis of the claim and of the extension of time and/or additional
payment claimed. If the event or circumstance giving rise to the claim has a continuing
effect:

a) this fully detailed claim shall be considered as interim;

b) the Contractor shall send further interim claims at monthly intervals, giving the
accumulated delay and/or amount claimed, and such further particulars as the Project
Manager may reasonably require; and
c) the Contractor shall send a final claim within 30 days after the end of the effects
resulting from the event or circumstance, or within such other period as may be
proposed by the Contractor and approved by the Project Manager.

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

24.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in
accordance with Sub-Clause

24.1.8 [Determinations] to agree or determine (i) the extension (if any) of the Time for
Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of
Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor
is entitled under the Contract.
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 24.1.9 Each Payment Certificate shall include such additional payment for any claim as has
been reasonably substantiated as due under the relevant provision of the Contract.
Unless and until the particulars supplied are sufficient to substantiate the whole of the
claim, the Contractor shall only be entitled to payment for such part of the claim as he has
been able to substantiate.

24.1.10 If the Project Manager does not respond within the timeframe defined in this Clause,
either Party may consider that the claim is rejected by the Project Manager and any of the
Parties may refer to Arbitration in accordance with Sub-Clause 24.4 [Arbitration].

24.1.11 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause
which may apply to a claim. If the Contractor fails to comply with this or another Sub-
Clause in relation to any claim, any extension of time and/or additional payment shall take
account of the extent (if any) to which the failure has prevented or prejudiced proper
investigation of the claim, unless the claim is excluded under the second paragraph of this
Sub-Clause 24.3.
24.2 Amicable Settlement
24.2.1 Where a notice of a claim has been given, both Parties shall attempt to settle the dispute
amicably before the commencement of arbitration. However, unless both Parties agree
otherwise, the Party giving a notice of a claim in accordance with Sub-Clause 24.1 above
should move to commence arbitration after the fifty-sixth day from the day on which a
notice of a claim was given, even if no attempt at an amicable settlement has been made.
24.3 Matters that may be referred to arbitration
24.3.1 Notwithstanding anything stated herein the following matters may be referred to
arbitration before the practical completion of the Works or abandonment of the Works or
termination of the Contract by either party:

a) The appointment of a replacement Project Manager upon the said person ceasing to act.
b) Whether or not the issue of an instruction by the Project Manager is empowered by these
Conditions.
c) Whether or not a certificate has been improperly withheld or is not in accordance with these
Conditions.
e) Any dispute arising in respect of war risks or war damage.
f) All other matters shall only be referred to arbitration after the completion or alleged
completion of the Works or termination or alleged termination of the Contract, unless the
Procuring Entity and the Contractor agree otherwise in writing.
24.4 Arbitration
24.4.1 Any claim or dispute between the Parties arising out of or in connection with the Contract
not settled amicably in accordance with Sub-Clause 24.3 shall be finally settled by arbitration.
24.4.2 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.
24.4.3 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.
24.4.4 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.
24.4.5 The Arbitrator shall, without prejudice to the generality of his powers, have powers to

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 open up, review and revise any certificate, opinion, decision, requirement or notice and to
determine all matters in dispute which shall be submitted to him in the same manner as if no
such certificate, opinion, decision requirement or notice had been given.
24.4.6 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.
24.4.7 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.
24.4.8 Arbitration may be commenced prior to or after completion of the Works. The
obligations of the Parties, and the Project Manager shall not be altered by reason of any
arbitration being conducted during the progress of the Works.
24.4.9 The terms of the remuneration of each or all the members of Arbitration shall be
mutually agreed upon by the Parties when agreeing the terms of appointment. Each Party
shall be responsible for paying one-half of this remuneration.
24.5 Arbitration with National Contractors
24.5.1 If the Contract is with national contractors, arbitration proceedings will be conducted in
accordance with the Arbitration Laws of Kenya. In case of any claim or dispute, such claim or
dispute shall be notified in writing by either party to the other with a request to submit it to
arbitration and to concur in the appointment of an Arbitrator within thirty days of the notice.
The dispute shall be referred to the arbitration and final decision of a person to be agreed
between the parties. Failing agreement to concur in the appointment of an Arbitrator, the
Arbitrator shall be appointed, on the request of the applying party, by the Chairman or Vice
Chairman of any of the following professional institutions;
i) Architectural Association of Kenya
ii) Institute of Quantity Surveyors of Kenya
iii) Association of Consulting Engineers of Kenya
iv) Chartered Institute of Arbitrators (Kenya Branch)
v) Institution of Engineers of Kenya

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

24.6 Alternative Arbitration Proceedings

24.6.1 Alternatively, the Parties may refer the matter to the Nairobi Centre for International
Arbitration (NCIA) which offers a neutral venue for the conduct of national and international
arbitration with commitment to providing institutional support to the arbitral process.
24.7 Failure to Comply with Arbitrator's Decision
24.7.1 The award of such Arbitrator shall be final and binding upon the parties.

24.7.2 In the event that a Party fails to comply with a final and binding Arbitrator's decision, then the
other Party may, without prejudice to any other rights it may have, refer the matter to a
competent court of law.
24.8 Contract operations to continue
24.8.1 Notwithstanding any reference to arbitration herein,
a) the parties shall continue to perform their respective obligations under the Contract
unless they otherwise agree; and
b) the Procuring Entity shall pay the Contractor any monies due the Contractor.

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 25. Fraud andCorruption

25.1 The Government requires compliance with the country's Anti-Corruption laws and its
prevailing sanctions policies and procedures as set forth in the Constitution of Kenya and its
Statutes.
25.2 The Procuring Entity requires the Contractor to disclose any commissions or fees that may
have been paid or are to be paid to agents or any other party with respect to the bidding
process or execution of the Contract. The information disclosed must include at least the
name and address of the agent or other party, the amount and currency, and the purpose of
the commission, gratuity or fee.

B. Time Control

26. Program

26.1 Within the time stated in the SCC, after the date of the Letter of Acceptance, the Contractor
shall submit to the Project Manager for approval a Program showing the general methods,
arrangements, order, and timing for all the activities in the Works. In the case of a lump sum
contract, the activities in the Program shall be consistent with those in the Activity Schedule.
26.2 An update of the Program shall be a program showing the actual progress achieved on each
activity and the effect of the progress achieved on the timing of the remaining work, including
any changes to the sequence of the activities.
26.3 The Contractor shall submit to the Project Manager for approval an updated Program at
intervals no longer than the period stated in the SCC. If the Contractor does not submit an
updated Program within this period, the Project Manager may withhold the amount stated
in the SCC from the next payment certificate and continue to withhold this amount until the
next payment after the date on which the overdue Program has been submitted. In the case
of a lump sum contract, the Contractor shall provide an updated Activity Schedule within 14
days of being instructed to by the Project Manager.
26.4 The Project Manager's approval of the Program shall not alter the Contractor's obligations.
The Contractor may revise the Program and submit it to the Project Manager again at any
time. A revised Program shall show the effect of Variations and Compensation Events.

27. Extension of the Intended Completion Date

27.1 The Project Manager shall extend the Intended Completion Date if a Compensation Event
occurs or a Variation is issued which makes it impossible for Completion to be achieved by
the Intended Completion Date without the Contractor taking steps to accelerate the
remaining work, which would cause the Contractor to incur additional cost.
27.2 The Project Manager shall decide whether and by how much to extend the Intended
Completion Date within 21 days of the Contractor asking the Project Manager for a decision
upon the effect of a Compensation Event or Variation and submitting full supporting
information. If the Contractor has failed to give early warning of a delay or has failed to
cooperate in dealing with a delay, the delay by this failure shall not be considered in assessing
the new Intended Completion Date.

28. Acceleration

28.1 When the Procuring Entity wants the Contractor to finish before the Intended Completion
Date, the Project Manager shall obtain priced proposals for achieving the necessary
acceleration from the Contractor. If the Procuring Entity accepts these proposals, the
Intended Completion Date shall be adjusted accordingly and confirmed by both the
Procuring Entity and the Contractor.
28.2 If the Contractor's priced proposals for an acceleration are accepted by the Procuring Entity,
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 they are incorporated in the Contract Price and treated as a Variation.

29. Delays Ordered by the Project Manager

29.1 The Project Manager may instruct the Contractor to delay the start or progress of any activity
within the Works.

30. Management Meetings

30.1 Either the Project Manager or the Contractor may require the other to attend a management
meeting. The business of a management meeting shall be to review the plans for remaining
work and to deal with matters raised in accordance with the early warning procedure.
30.2 The Project Manager shall record the business of management meetings and provide copies
of the record to those attending the meeting and to the Procuring Entity. The responsibility
of the parties for actions to be taken shall be decided by the Project Manager either at the
management meeting or after the management meeting and stated in writing to all who
attended the meeting.

31. Early Warning

31.1 The Contractor shall warn the Project Manager at the earliest opportunity of specific likely
future events or circumstances that may adversely affect the quality of the work, increase
the Contract Price, or delay the execution of the Works. The Project Manager may require
the Contractor to provide an estimate of the expected effect of the future event or
circumstance on the Contract Price and Completion Date. The estimate shall be provided by
the Contractor as soon as reasonably possible.
31.2 The Contractor shall cooperate with the Project Manager in making and considering
proposals for how the effect of such an event or circumstance can be avoided or reduced by
anyone involved in the work and in carrying out any resulting instruction of the Project
Manager.

C. Quality Control

32. Identifying Defects

32.1 The Project Manager shall check the Contractor's work and notify the Contractor of any
Defects that are found. Such checking shall not affect the Contractor's responsibilities. The
Project Manager may instruct the Contractor to search for a Defect and to uncover and test
any work that the Project Manager considers may have a Defect.

33. Tests

33.1 If the Project Manager instructs the Contractor to carry out a test not specified in the
Specification to check whether any work has a Defect and the test shows that it does, the
Contractor shall pay for the test and any samples. If there is no Defect, the test shall be a
Compensation Event.

34. Correction of Defects

34.1 The Project Manager shall give notice to the Contractor of any Defects before the end of the
Defects Liability Period, which begins at Completion, and is defined in the SCC. The Defects
Liability Period shall be extended for as long as Defects remain to be corrected.
34.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within
the length of time specified by the Project Manager's notice.

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 35. Uncorrected Defects

35.1 If the Contractor has not corrected a Defect within the time specified in the Project Manager's
notice, the Project Manager shall assess the cost of having the Defect corrected, and the
Contractor shall pay this amount.

D. Cost Control

7
36. Contract Price

36.1 The Bill of Quantities shall contain priced items for the Works to be performed by the
Contractor. The Bill of Quantities is used to calculate the Contract Price. The Contractor will
be paid for the quantity of the work accomplished at the rate in the Bill of Quantities for each
item.

8
37. Changes in the Contract Price

37.1 If the final quantity of the work done differs from the quantity in the Bill of Quantities for the
particular item by more than 25 percent, provided the change exceeds 1 percent of the Initial
Contract Price, the Project Manager shall adjust the rate to allow for the change. The Project
Manager shall not adjust rates from changes in quantities if thereby the Initial Contract Price
is exceeded by more than 15 percent, except with the prior approval of the Procuring Entity.
37.2 If requested by the Project Manager, the Contractor shall provide the Project Manager with
a detailed cost breakdown of any rate in the Bill of Quantities.

38. Variations

38.1 All Variations shall be included in updated Programs9 produced by the Contractor.

38.2 The Contractor shall provide the Project Manager with a quotation for carrying out the
Variation when requested to do so by the Project Manager. The Project Manager shall assess
the quotation, which shall be given within seven (7) days of the request or within any longer
period stated by the Project Manager and before the Variation is ordered.
38.3 If the Contractor's quotation is unreasonable, the Project Manager may order the Variation
and make a change to the Contract Price, which shall be based on the Project Manager's own
forecast of the effects of the Variation on the Contractor's costs.
38.4 If the Project Manager decides that the urgency of varying the work would prevent a
quotation being given and considered without delaying the work, no quotation shall be given
and the Variation shall be treated as a Compensation Event.
7In lump sum contracts, replace GCC Sub-Clauses 36.1 as follows:
36.1 The Contractor shall provide updated Activity Schedules within 14 days of being instructed to by
the Project Manager. The Activity Schedule shall contain the priced activities for the Works to be
performed by the Contractor. The Activity Schedule is used to monitor and control the performance of
activities on which basis the Contractor will be paid. If payment for materials on site shall be made
separately, the Contractor shall show delivery of Materials to the Site separately on the Activity
Schedule.
8In lump sum contracts, replace entire GCC Clause 37 with new GCC Sub-Clause 37.1, as follows:
The Activity Schedule shall be amended by the Contractor to accommodate changes of Program or
method of working made at the Contractor's own discretion. Prices in the Activity Schedule shall not
be altered when the Contractor makes such changes to the Activity Schedule.
9In lump sum contracts, add “and Activity Schedules” after “Programs.” 10In lump sum contracts,
delete this paragraph.

38.5 The Contractor shall not be entitled to additional payment for costs that could have been

75
 avoided by giving early warning
38.6 If the work in the Variation corresponds to an item description in the Bill of Quantities and if,
in the opinion of the Project Manager, the quantity of work above the limit stated in Sub-
Clause 39.1 or the timing of its execution do not cause the cost per unit of quantity to change,
the rate in the Bill of Quantities shall be used to calculate the value of the Variation. If the
cost per unit of quantity changes, or if the nature or timing of the work in the Variation does
not correspond with items in the Bill of Quantities, the quotation by the Contractor shall be
in the form of new rates for the relevant items of work
38.7 Value Engineering: The Contractor may prepare, at its own cost, a value engineering proposal
at any time during the performance of the contract. The value engineering proposal shall, at
a minimum, include the following;
a) the proposed change(s), and a description of the difference to the existing contract
requirements;
b) a full cost/benefit analysis of the proposed change(s) including a description and estimate
of costs (including life cycle costs) the Procuring Entity may incur in implementing the value
engineering proposal; and
c) a description of any effect(s) of the change on performance/functionality.

38.8 The Procuring Entity may accept the value engineering proposal if the proposal
demonstrates benefits that:
a) accelerate the contract completion period; or
b) reduce the Contract Price or the life cycle costs to the Procuring Entity; or
c) improve the quality, efficiency, safety or sustainability of the Facilities; or
d) yield any other benefits to the Procuring Entity, without compromising the functionality of
the Works.

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

39. Cash FlowForecasts

39.1 When the Program11, is updated, the Contractor shall provide the Project Manager with an
updated cash flow forecast. The cash flow forecast shall include different currencies, as
defined in the Contract, converted as necessary using the Contract exchange rates.

40. Payment Certificates

40.1 The Contractor shall submit to the Project Manager monthly statements of the estimated
value of the work executed less the cumulative amount certified previously.
40.2 The Project Manager shall check the Contractor's monthly statement and certify the amount
to be paid to the Contractor.
40.3 The value of work executed shall be determined by the Project Manager.

40.4 The value of work executed shall comprise the value of the quantities of work in the Bill of
Quantities that have been completed12.
40.5 The value of work executed shall include the valuation of Variations and Compensation
Events.
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 40.6 The Project Manager may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later information.
40.7 Where the contract price is different from the corrected tender price, in order to ensure the
contractor is not paid less or more relative to the contract price (which would be the tender
price), payment valuation certificates and variation orders on omissions and additions valued
based on rates in the Bill of Quantities or schedule of rates in the Tender, will be adjusted by
a plus or minus percentage. The percentage already worked out during tender evaluation is
worked out as follows: (corrected tender price – tender price)/tender price X 100.
41. Payments

41.1 Payments shall be adjusted for deductions for advance payments and retention. The
Procuring Entity shall pay the Contractor the amounts certified by the Project Manager
within 30 days of the date of each certificate. If the Procuring Entity makes a late payment,
the Contractor shall be paid interest on the late payment in the next payment. Interest shall
be calculated from the date by which the payment should have been made up to the date
when the late payment is made at the prevailing rate of interest for commercial borrowing
for each of the currencies in which payments are made.
41.2 If an amount certified is increased in a later certificate or as a result of an award by the
Adjudicator or an Arbitrator, the Contractor shall be paid interest upon the delayed payment
as set out in this clause. Interest shall be calculated from the date upon which the increased
amount would have been certified in the absence of dispute.
41.3 Unless otherwise stated, all payments and deductions shall be paid or charged in the
proportions of currencies comprising the Contract Price.
41.4 Items of the Works for which no rate or price has been entered in shall not be paid for by the
Procuring Entity and shall be deemed covered by other rates and prices in the Contract.

42. Compensation Events

42.1 The following shall be Compensation Events:

d) The Procuring Entity does not give access to a part of the Site by the Site Possession Date
pursuant to GCC Sub-Clause 20.1.
e) The Procuring Entity modifies the Schedule of Other Contractors in a way that affects
the work of the Contractor under the Contract.
f) The Project Manager orders a delay or does not issue Drawings, Specifications, or
instructions required for execution of the Works on time.
g) The Project Manager instructs the Contractor to uncover or to carry out additional tests
upon work, which is then found to have no Defects.
h) The Project Manager unreasonably does not approve a subcontract to be let.
i) Ground conditions are substantially more adverse than could reasonably have been
assumed before issuance of the Letter of Acceptance from the information issued to
bidders (including the Site Investigation Reports), from information available publicly and
from a visual inspection of the Site.
j) The Project Manager gives an instruction for dealing with an unforeseen condition,
caused by the Procuring Entity, or additional work required for safety or other reasons.
k) Other contractors, public authorities, utilities, or the Procuring Entity does not work
within the dates and other constraints stated in the Contract, and they cause delay or extra
cost to the Contractor.
l) The advance payment is delayed.
m) The effects on the Contractor of any of the Procuring Entity's Risks.
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 n) The Project Manager unreasonably delays issuing a Certificate of Completion.

42.2 If a Compensation Event would cause additional cost or would prevent the work being
completed before the Intended Completion Date, the Contract Price shall be increased
and/or the Intended Completion Date shall be extended. The Project Manager shall decide
whether and by how much the Contract Price shall be increased and whether and by how
much the Intended Completion Date shall be extended.
42.3 As soon as information demonstrating the effect of each Compensation Event upon the
Contractor's forecast cost has been provided by the Contractor, it shall be assessed by the
Project Manager, and the Contract Price shall be adjusted accordingly. If the Contractor's
forecast is deemed unreasonable, the Project Manager shall adjust the Contract Price based
on the Project Manager's own forecast. The Project Manager shall assume that the
Contractor shall react competently and promptly to the event.

42.4 The Contractor shall not be entitled to compensation to the extent that the Procuring
Entity's interests are adversely affected by the Contractor's not having given early warning or
not having cooperated with the Project Manager.

43. Tax

43.1 The Project Manager shall adjust the Contract Price if taxes, duties, and other levies are
changed between the date 30 days before the submission of bids for the Contract and the
date of the last Completion certificate. The adjustment shall be the change in the amount of
tax payable by the Contractor, provided such changes are not already reflected in the
Contract Price or are a result of GCC Clause 44.

44. Currency y of Payment

44.1 All payments under the contract shall be made in Kenya Shillings

45. Price Adjustment

45.1 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, before deducting for
Advance Payment, shall be adjusted by applying the respective price adjustment factor to the
payment amounts due in each currency. A separate formula of the type specified below applies:
P = A + B Im/Io
where: P is the adjustment factor for the portion of the Contract Price payable.
A and B are coefficients13 specified in the SCC, representing the non-adjustable and adjustable
portions, respectively, of the Contract Price payable and Im is the index prevailing at the end of
the month being invoiced and IOC is the index prevailing 30 days before Bid opening for inputs
payable.
45.2 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 of all changes in cost due to fluctuations in costs.

46. Retention

46.1 The Procuring Entity shall retain from each payment due to the Contractor the proportion
stated in the SCC until Completion of the whole of the Works.
46.2 Upon the issue of a Certificate of Completion of the Works by the Project Manager, in
accordance with GCC 53.1, half the total amount retained shall be repaid to the Contractor
and half when the Defects Liability Period has passed and the Project Manager has certified
78
 that all Defects notified by the Project Manager to the Contractor before the end of this
period have been corrected. The Contractor may substitute retention money with an “on
demand” Bank guarantee.

47. Liquidated Damages

47.1 The Contractor shall pay liquidated damages to the Procuring Entity at the rate per day
stated in the SCC for each day that the Completion Date is later than the Intended
Completion Date. The total amount of liquidated damages shall not exceed the amount
defined in the SCC. The Procuring Entity may deduct liquidated damages from payments due
to the Contractor. Payment of liquidated damages shall not affect the Contractor's liabilities.
47.2 If the Intended Completion Date is extended after liquidated damages have been paid, the
Project Manager shall correct any overpayment of liquidated damages by the Contractor by
adjusting the next payment certificate. The Contractor shall be paid interest on the
overpayment, calculated from the date of payment to the date of repayment, at the rates
specified in GCC Sub-Clause 41.1.

48. Bonus

48.1 The Contractor shall be paid a Bonus calculated at the rate per calendar day stated in the SCC
for each day (less any days for which the Contractor is paid for acceleration) that the
Completion is earlier than the Intended Completion Date. The Project Manager shall certify
that the Works are complete, although they may not be due to be complete.
49. Advance Payment
49.1 The Procuring Entity shall make advance payment to the Contractor of the amounts stated
in the SCC by the date stated in the SCC, against provision by the Contractor of an
Unconditional Bank Guarantee in a form and by a bank acceptable to the Procuring Entity in
amounts and currencies equal to the advance payment. The Guarantee shall remain effective
until the advance payment has been repaid, but the amount of the Guarantee shall be
progressively reduced by the amounts repaid by the Contractor. Interest shall not be charged
on the advance payment.

49.2 The Contractor is to use the advance payment only to pay for Equipment, Plant, Materials, and
mobilization expenses required specifically for execution of the Contract. The Contractor
shall demonstrate that advance payment has been used in this way by supplying copies of
invoices or other documents to the Project Manager.

49.3 The advance payment shall be repaid by deducting proportionate amounts from payments
otherwise due to the Contractor, following the schedule of completed percentages of the
Works on a payment basis. No account shall be taken of the advance payment or its
c c

repayment in assessing valuations of work done, Variations, price adjustments,

Compensation Events, Bonuses, or Liquidated Damages.

50. Securities
50.1 The Performance Security shall be provided to the Procuring Entity no later than the date
specified in the Letter of Acceptance and shall be issued in an amount specified in the SCC, by a
bank or surety acceptable to the Procuring Entity, and denominated in the types and
proportions of the currencies in which the Contract Price is payable. The Performance
Security shall be valid until a date 28 day from the date of issue of the Certificate of
Completion in the case of a Bank Guarantee, and until one year from the date of issue of the
Completion Certificate in the case of a Performance Bond.

51. Dayworks
51.1 If applicable, the Dayworks rates in the Contractor's Bid shall be used only when the Project
Manager has given written instructions in advance for additional work to be paid for in that
way.
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 51.2 All work to be paid for as Dayworks shall be recorded by the Contractor on forms approved
by the Project Manager. Each completed form shall be verified and signed by the Project
Manager within two days of the work being done.

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

52. Cost of Repairs

52.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start
Date and the end of the Defects Correction periods shall be remedied by the Contractor at
the Contractor's cost if the loss or damage arises from the Contractor's acts or omissions.

E. Finishing theContract

53. Completion
53.1 The Contractor shall request the Project Manager to issue a Certificate of Completion of the
Works, and the Project Manager shall do so upon deciding that the whole of the Works is
completed.

54. Taking Over

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

55. Final Account

55.1 The Contractor shall supply the Project Manager with a detailed account of the total amount
that the Contractor considers payable under the Contract before the end of the Defects
Liability Period. The Project Manager shall issue a Defects Liability Certificate and certify any
final payment that is due to the Contractor within 56 days of receiving the Contractor's
account if it is correct and complete. If it is not, the Project Manager shall issue within 56 days a
schedule that states the scope of the corrections or additions that are necessary. If the Final
Account is still unsatisfactory after it has been resubmitted, the Project Manager shall decide
on the amount payable to the Contractor and issue a payment certificate.

Operating and Maintenance Manuals

55.2 If “as built” Drawings and/or operating and maintenance manuals are required, the
Contractor shall supply them by the dates stated in the SCC.
55.3 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the
SCC pursuant to GCC Sub-Clause 56.1, or they do not receive the Project Manager's
approval, the Project Manager shall withhold the amount stated in the SCC from payments
due to the Contractor.

56. Termination

56.1 The Procuring Entity or the Contractor may terminate the Contract if the other party causes a
fundamental breach of the Contract.
56.2 Fundamental breaches of Contract shall include, but shall not be limited to, the following:
a) the Contractor stops work for 30 days when no stoppage of work is shown on the current
Program and the stoppage has not been authorized by the Project Manager;
b) the Project Manager instructs the Contractor to delay the progress of the Works, and the
instruction is not withdrawn within 30 days;
c) the Procuring Entity or the Contractor is made bankrupt or goes into liquidation other than
for a reconstruction oramalgamation;
d) a payment certified by the Project Manager is not paid by the Procuring Entity to the
80
 Contractor within 84 days of the date of the Project Manager's certificate;
e) the Project Manager gives Notice that failure to correct a particular Defect is a
fundamental breach of Contract and the Contractor fails to correct it within a reasonable
period of time determined by the Project Manager;
f) the Contractor does not maintain a Security, which is required;
g) the Contractor has delayed the completion of the Works by the number of days for which
the maximum amount of liquidated damages can be paid, as defined in the SCC; or
h) if the Contractor, in the judgment of the Procuring Entity has engaged in Fraud and
Corruption, as defined in paragraph 2.2 a of the Appendix A to the GCC, in competing for or
in executing the Contract, then the Procuring Entity may, after giving fourteen (14) days
written notice to the Contractor, terminate the Contract and expel him from the Site.
56.3 Notwithstanding the above, the Procuring Entity may terminate the Contract for
convenience.
56.4 If the Contract is terminated, the Contractor shall stop work immediately, make the Site safe
and secure, and leave the Site as soon as reasonably possible.
56.5 When either party to the Contract gives notice of a breach of Contract to the Project
Manager for a cause other than those listed under GCC Sub-Clause 56.2 above, the Project
Manager shall decide whether the breach is fundamental ornot.

57. Payment upon Termination

57.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor,
the Project Manager shall issue a certificate for the value of the work done and Materials
ordered less advance payments received up to the date of the issue of the certificate and less
the percentage to apply to the value of the work not completed, as specified in the SCC.
Additional Liquidated Damages shall not apply. If the total amount due to the Procuring
Entity exceeds any payment due to the Contractor, the difference shall be a debt payable to
the Procuring Entity.
57.2 If the Contract is terminated for the Procuring Entity's convenience or because of a
fundamental breach of Contract by the Procuring Entity, the Project Manager shall issue a
certificate for the value of the work done, Materials ordered, the reasonable cost of removal
of Equipment, repatriation of the Contractor's personnel employed solely on the Works, and
the Contractor's costs of protecting and securing the Works, and less advance payments
received up to the date of the certificate.

58. Property

58.1 All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be deemed to
be the property of the Procuring Entity if the Contract is terminated because of the
Contractor's default.

59. Release from Performance

59.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the
control of either the Procuring Entity or the Contractor, the Project Manager shall certify that
the Contract has been frustrated. The Contractor shall make the Site safe and stop work as
quickly as possible after receiving this certificate and shall be paid for all work carried out
before receiving it and for any work carried out afterwards to which a commitment wasmade.

81
SECTION IX - SPECIAL CONDITIONS OF CONTRACT

Except where otherwise specified, all Special Conditions of Contract should be filled in by the Procuring Entity
prior to issuance of the bidding document. Schedules and reports to be provided by the Procuring Entity
should be annexed.

Number of Amendments of, and Supplements to, Clauses in the General Conditions of
GC Clause Contract

A. General

GCC 1.1 (q) The Procuring Entity is: World Vision Kenya

GCC 1.1 (u) The Intended Completion Date for the whole of the Works shall be 2 months
from date of reporting and handing over of the site to the selected contractor

GCC 1.1 (x) The Project Manager is WASH Technical Manager

GCC 1.1 (z) The Site is located at : Bissan Biliqo

GCC 1.1 (cc) The Start Date shall be : February, 2024

GCC 1.1 (gg) The Works consist of :

As per attached Bills of Quantities

GCC 2.2 Sectional Completions are: [insert nature and dates, if appropriate] to be agreed and
negotiated as per the construction proposed plan by the contractor

GCC 5.1 The Project manager may delegate any of his duties and responsibilities.

GCC 8.1 Schedule of other contractors: N/A

GCC 9.1 Key Personnel

GCC 9.1 is replaced with the following:

9.1 Key Personnel are the Contractor’s personnel named in this GCC 9.1 of the
Special Conditions of Contract. The Contractor shall employ the Key
Personnel and use the equipment identified in its Bid, to carry out the
Works or other personnel and equipment approved by the Project
Manager. The Project Manager shall approve any proposed replacement of
Key Personnel and equipment only if their relevant qualifications or
characteristics are substantially equal to or better than those proposed in
the Bid.
[insert the name/s of each Key Personnel agreed by the Procuring Entity
prior to Contract signature.]

GCC 13.1 The minimum insurance amounts and deductibles shall be:

(a) for loss or damage to the Works, Plant and Materials: N/A].
(b) For loss or damage to Equipment: N/A
(c) for loss or damage to property (except the Works, Plant, Materials, and
Equipment) in connection with Contract N/A

82
 (d) for personal injury or death:
(i) of the Contractor’s employees: N/A.
(ii) of other people: N/A.

GCC 14.1 Site Data are: Bidders to capture data required during site visit

i. Survey coordinates

ii. Distance in Km

iii. Soil Characteristics

iv. Depths

GCC 20.1 The Site Possession Date(s) shall be: Bissan Biliqo after contracts signing

GCC 23.1 & Appointing Authority for the Adjudicator: As per the constitution of Kenya
GCC 23.2
Hourly rate and types of reimbursable expenses to be paid to the Adjudicator:
[insert hourly fees and reimbursable expenses]. Not Applicable

B. Time Control

GCC 26.1 The Contractor shall submit for approval a Program for the Works within
fourteen days from the date of the Letter of Acceptance.

GCC 26.3 The period between Program updates is [insert number] days.

The amount to be withheld for late submission of an updated Program is Not

Applicable

C. Quality Control

GCC 34.1 The Defects Liability Period is: 6 Months

D. Cost Control

GCC 38.9 If the value engineering proposal is approved by the Procuring Entity the amount
to be paid to the Contractor shall be ___% (N/A) of the reduction in the Contract
Price.

GCC 44.1 The currency of the Procuring Entity’s Country is: Kenya Shillings

GCC 45.1 The Contract “is NOT subject to price adjustment in accordance with GCC Clause
45, and the following information regarding coefficients “does not”] apply.

[Price adjustment is mandatory for contracts which provide for time of completion
exceeding 18 months] Not Applicable

The coefficients for adjustment of prices are:

(a) N/A] percent nonadjustable element (coefficient A).

(ib) N/Apercent adjustable element (coefficient B).

(c) The Index I for shall be N/A.

GCC 46.1 The proportion of payments retained is: 10%

83
GCC 47.1 The liquidated damages for the whole of the Works are 0.25 per day. The
maximum amount of liquidated damages for the whole of the Works is 10% of
the final Contract Price.

GCC 48.1 The Bonus for the whole of the Works is N/A per day. The maximum amount of
Bonus for the whole of the Works is [insert percentage] of the final Contract Price.

GCC 49.1 The Advance Payments shall be: N/A and shall be paid to the Contractor no later
than N/A

GCC 50.1 The Performance Security amount is 10% of the accepted contract amount in
form of Bank guarantee.

E. Finishing the Contract

GCC 56.1 The date by which operating and maintenance manuals are required is [insert
date].

The date by which “as built” drawings are required is [insert date].As per the BoQ

GCC 56.2 The amount to be withheld for failing to produce “as built” drawings and/or
operating and maintenance manuals by the date required in GCC 58.1 is [insert
amount in local currency]. Not Applicable

GCC 57.2 (g) The maximum number of days is: 20 days

GCC 58.1 The percentage to apply to the value of the work not completed, representing
the Procuring Entity’s additional cost for completing the Works, is [insert
percentage].

84
FORM No 1: NOTIFICATION OF INTENTION TO AWARD

This Notification of Intention to Award shall be sent to each Tenderer that submitted a Tender. Send
this Notification to the Tenderer's Authorized Representative named in the Tender Information Form
on the format below.
----------------------------------------------------------------------------------------------------------------

FORMAT

1. For the attention of Tenderer's Authorized Representative

i) Name: [insert Authorized Representative's name]
ii) Address: [insert Authorized Representative's Address]
iii) Telephone: [insert Authorized Representative's telephone/fax numbers]
iv) 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.]

2. Date of transmission: [email] on [date] (local time)

This Notification is sent by (Name and designation)

3. Notification of Intention to Award

i) Procuring Entity: [insert the name of the Procuring Entity]

ii) Project: [insert name of project]
iii) Contract title: [insert the name of the contract]
iv) Country: [insert country where ITT is issued]
v) 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:

4. Request a debriefing in relation to the evaluation of your tender

Submit a Procurement-related Complaint in relation to the decision to award the contract.

a) The successful tenderer
i) Name of successful Tender

ii) Address of the successful Tender

iii) Contract price of the successful Tender Kenya Shillings (in

words )

b) Other Tenderers

Names of all Tenderers that submitted a Tender. If the Tender's price was evaluated include the
evaluated price as well as the Tender price as read out. For Tenders not evaluated, give one main
85
 reason the Tender was unsuccessful.

SNo Name of Tender Tender’s One Reason Why not

Tender Price as evaluated price Evaluated
read out (Note a)
1
2
3
4
5

(Note a) State NE if not evaluated

5. How to request a debriefing

a) DEADLINE: The deadline to request a debriefing expires at midnight on [insert date] (local
time).
b) You may request a debriefing in relation to the results of the evaluation of your Tender. If
you decide to request a debriefing your written request must be made within three (5)
Business Days of receipt of this Notification of Intention to Award.
c) Provide the contract name, reference number, name of the Tenderer, contact details; and
address the request for debriefing as follows:
i) Attention: [insert full name of person, if applicable]
ii) Title/position: [insert title/position]
ii) Agency: [insert name of Procuring Entity]
iii) Email address: [insert email address]
d) If your request for a debriefing is received within the 3 Days deadline, we will provide the
debriefing within five (3) Business Days of receipt of your request. If we are unable to
provide the debriefing within this period, the Standstill Period shall be extended by five (3)
Days after the date that the debriefing is provided. If this happens, we will notify you and
confirm the date that the extended Standstill Period will end.
e) The debriefing may be in writing, by phone, video conference call or in person. We shall
promptly advise you in writing how the debriefing will take place and confirm the date and
time.
f) If the deadline to request a debriefing has expired, you may still request a debriefing. In this
case, we will provide the debriefing as soon as practicable, and normally no later than fifteen
(15) Days from the date of publication of the Contract Award Notice.

6. How to make a complaint

a) Period: Procurement-related Complaint challenging the decision to award shall be
86
 submitted by midnight, [insert date] (local time).
b) Provide the contract name, reference number, name of the Tenderer, contact details; and
address the Procurement-related Complaint as follows:
i) Attention: [insert full name of person, if applicable]
ii) Title/position: [insert title/position]
iii) Agency: [insert name of Procuring Entity]
iv) Email address: [insert email address]

c) At this point in the procurement process, you may submit a Procurement-related Complaint
challenging the decision to award the contract. You do not need to have requested, or
received, a debriefing before making this complaint. Your complaint must be submitted
within the Standstill Period and received by us before the Standstill Period ends.
d) Further information: For more information refer to the Public Procurement and Disposals
Act 2015 and its Regulations available from the Website [email protected] or
[email protected].
You should read these documents before preparing and submitting your complaint.
e) There are four essential requirements:
i) You must be an 'interested party'. In this case, that means a Tenderer who submitted a
Tender in this tendering process, and is the recipient of a Notification of Intention to
Award.
ii) The complaint can only challenge the decision to award the contract.
iii) You must submit the complaint within the period stated above.

iv) You must include, in your complaint, all of the information required to support
your complaint.

7. Standstill Period
i) DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local time).
ii) The Standstill Period lasts ten (14) Days after the date of transmission of this Notification
of Intention to Award.
iii) The Standstill Period may be extended as stated in paragraph Section 5 (d) above.

If you have any questions regarding this Notification please do not hesitate to contact us. On
behalf of the Procuring Entity:

Signature: Name:

Title/position: Telephone: Email:

87
 FORM NO. 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

88
FORM NO 3: LETTER OF AWARD

[letterhead paper of the Procuring Entity] [date]

To: [name and address of the Contractor]

This is to notify you that your Tender dated [date] for execution of the [name of the Contract and
identification number, as given in the Contract Data] for the Accepted Contract Amount [amount in
numbers and words] [name of currency], as corrected and modified in accordance with the Instructions to
Tenderers, is hereby accepted by ……………… (name of Procuring Entity).

You are requested to furnish the Performance Security within 30 days in accordance with the
Conditions of Contract, using, for that purpose, one of the Performance Security Forms included in
Section VIII, Contract Forms, of the Tender Document.

Authorized Signature:.................................................................................................................

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

Name of Procuring Entity.............................................................................................................

Attachment: Contract Agreement................................................................................................

89
FORM NO 4: CONTRACT AGREEMENT

THIS AGREEMENT made the day of , 20 ,

between
______________________________________of __________________________ (hereinafter “the Procuring
Entity”), of the one part, and of
(hereinafter “the Contractor”), of
the other part:

WHEREAS the Procuring Entity desires that the Works known as should
be executed by the Contractor, and has accepted a Tender by the Contractor for the execution and
completion of these Works and the remedying of any defects therein,

The Procuring Entity and the Contractor agree as follows:

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

2. The following documents shall be deemed to form and be read and construed as part of this
Agreement. This Agreement shall prevail over all other Contract documents.
a) the Letter of Acceptance
b) the Letter of Tender
c) the addenda Nos (if any)
d) the Special Conditions of Contract
e) the General Conditions of Contract;
f) the Specifications
g) the Drawings; and
h) the completed Schedules and any other documents forming part of the contract.

3. In consideration of the payments to be made by the Procuring Entity to the Contractor as

specified in this Agreement, the Contractor hereby covenants with the Procuring Entity to
execute the Works and to remedy defects therein in conformity in all respects with the provisions
of the Contract.

4. The Procuring Entity hereby covenants to pay the Contractor in consideration of the execution
and completion of the Works and the remedying of defects therein, the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance
with the Laws of Kenya on the day, month and year specified above.

Signed and sealed by (for the Procuring Entity)

Signed and sealed by (for the Contractor).

90
FORM NO. 5 - PERFORMANCE SECURITY

[Option 1 - Unconditional Demand Bank Guarantee]

[Guarantor letterhead]

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

[Insert date of issue]

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

1. We have been informed that (hereinafter called

"the Contractor") has entered into Contract No. dated with
(name of Procuring Entity) (the Procuring Entity as the Beneficiary), for the
execution of
(hereinafter called "the Contract").

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

guarantee is required.

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

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 the office indicated above on or before that date.

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

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

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

91
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
of the Contract or a freely convertible currency acceptable to the Beneficiary.
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.

92
 FORM No. 6 - 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 BONDNo.:

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

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

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

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

5. Any suit under this Bond must be instituted before the expiration of one year from the date of
the issuing of the Taking-Over Certificate. No right of action shall accrue on this Bond to or for the
93
 use of any person or corporation other than the Procuring Entity named herein or the heirs,
executors, administrators, successors, and assigns of the Procuring Entity.

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

94
 SIGNED ON on behalfof By in the capacity of In the

presence of

SIGNED ON on behalf of By in the capacity of

In the presence of

87
FORM NO. 7 - ADVANCE PAYMENT SECURITY

[Demand Bank Guarantee]

[Guarantor letterhead]

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 Contractor”) has entered
into Contract No. dated with
the Beneficiary, for the execution of (hereinafter called "the Contract").

2. Furthermore, we understand that, according to the conditions of the Contract, an advance

payment in the sum
(in words) is to be made against an advance payment guarantee.

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

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

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

88
 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 of the advance payment as specified
in the Contract.
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.

87
FORM NO. 8 - RETENTION MONEY SECURITY

[Demand Bank Guarantee]

[Guarantor letterhead]

Beneficiary: [Insert name and Address of Procuring Entity]

Date: [Insert date of issue]
Advance payment guarantee no. [Insert guarantee reference number]

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

1. We have been informed that [insert name of Contractor, which in the case of a joint
venture shall be the name of the joint venture] (hereinafter called "the Contractor") has entered
into Contract No.
[insert reference number of the contract] dated with the Beneficiary, for
the execution of [insert name of contract
and brief description of Works] (hereinafter called "the Contract").

2. Furthermore, we understand that, according to the conditions of the Contract, the Beneficiary
retains moneys up to the limit set forth in the Contract (“the Retention Money”), and that when
the Taking-Over Certificate has been issued under the Contract and the first half of the
Retention Money has been certified for payment, and payment of [insert the second half of the
Retention Money] is to be made against a Retention Money guarantee.

3. At the request of the Contractor, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures]
([insert amount in words ])1 upon receipt by us of the Beneficiary's complying demand
supported by the Beneficiary's statement, whether in the demand itself or in a separate signed
document accompanying or identifying the demand, stating that the Contractor is in breach of
its obligation(s) under the Contract, without your needing to prove or show grounds for your
demand or the sum specified therein.

4. A demand under this guarantee may be presented as from the presentation to the Guarantor of
a certificate from the Beneficiary's bank stating that the second half of the Retention Money as
referred to above has been credited to the Contractor on its a c c o u n t number at
[insert name and address of Applicant's bank].

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

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

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

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

88
 1The Guarantor shall insert an amount representing the amount of the second half of the Retention
Money.
2Insert a date that is twenty-eight days after the expiry of retention period after the actual completion date of
the contract. 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.

FORM NO. 9 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

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

2. Full Name Directly-- Directly……… 1. Having the 1. Exercis

--------- …….% of right to appoint a es significant
National majority of the influence or
% voting rights
identity card board of the control over
of shares
number or directors or an the Company
Passport Indirectly----- equivalent body of the
number -----% of governing body Company
Indirectly voting rights of the Tenderer: (tenderer)
Personal
Identification ---------- Yes -----No---- Yes -----No---
Number % 2. Is this right -
(where of shares held directly or
applicable) indirectly?: 2. Is this
influence or
Nationality(ie
control
s)
88
 Details of all Beneficial % of % of voting Whether a person Whether a
Owners shares a rights a directly or person
person person indirectly holds a directly or
holds in holds in the right to appoint or indirectly
the company remove a member exercises
company of the board of significant
Directly directors of the influence or
or company or an control over
indirectly equivalent the Company
governing body of (tenderer)
the Tenderer (Yes (Yes / No)
/ No)
Date of birth exercised
[dd/mm/yyyy] Direct……………… directly or
… indirectly?
Postal address
Residential Direct…………..
address Indirect……………
…... Indirect…………
Telephone
number
Email address
Occupation or
profession

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

87
 (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

88
 Public Procurement Regulatory Authority (PPRA)
KISM Towers, 6th Floor, Ngong Rd
P.O Box 58535- 00200, Nairobi Kenya
Telephone: +254 020 3244000, 2213106/7
Email: [email protected]
Website: www.ppra.go.ke