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PREFACE

1. This Standard Tender Document (STD) document has been prepared by the Public
Procurement Regulatory Authority (PPRA) for use by Procuring Entities (PEs) for preparing
Framework Agreements for procurement of, goods, works, and services (Consulting, Non-
Consulting, Management and Maintenance) following Competitive Tendering Methods as
defined in the Public Procurement and Asset Disposal Act,2015 (the Act). The procedures and
practices presented in this STD reflect the requirements in the said Act and its Regulations. This
STD will be used by Procuring Entities on a mandatory basis. Lack of its use could be basis for
challenging decision on contract award.

2. A Framework Agreement (FA) is an agreement (essentially a contract) established with

firms or individuals (suppliers, contractors, service providers or consultants), to provide goods,
works or services as required over a specified period of time, and in specified locations. The FA
sets out terms and conditions under which goods, works or services can be provided
competitively throughout the term of the agreement, by means of call-off contracts. A call-off
contract is a contract awarded under a Framework Agreement itself. It does not need to be
advertised and tendered for, as that will have been done to come up with a Framework
Agreement. Framework Agreements are appropriate for the recurring needs for procurement of
goods, works or services or to consolidate requirements when different entities of a Procuring
Entity or different Procuring Entities need to procure the same types of goods, works or services.
For further details see Annex to this Preface on Framework Agreements.

3. The process for procurement under Framework Agreements follows the appropriate
Standard Tender Documents for procurement of goods, works or services, and in each case the
process is modified as provided for in this Standard Tender Document for Framework
Agreements. In the case of normal contracts for goods, works and services, delivery and
payments are one-off activities. Under Framework Agreements, the Procuring Entity is given the
option of signing a contract on basis of periodic orders and the goods, works and services are
delivered and paid for on basis of call-off orders made from time to time within the agreed
contract period. The Framework Agreement (contract) indicates the estimated maximum
quantities of goods, works or services that the Procuring Entity will require within the contract
period, from which the call-offs would be made. Framework Agreements should be for
maximum three years period depending on performance. Framework agreements are also
referred to as Term Contracts given the term of contract within which call-offs are made.
Similarly, an accounting officer may award a contract under a framework agreement through
inviting mini-competition amongst the suppliers under the framework agreement using the
procedures set out in the Regulations.

4. The following STD will be modified appropriately to suit a Framework Agreement. The
following is the List of Standard Tender Documents to be modified to suit Framework
Agreements. Other types of Contracts are not deemed suitable for Framework Agreements.

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 Doc No. 1 Standard tender document for procurement of works (buildings and
associated civil engineering works)
Doc No. 3 Standard tender document for procurement of small works
Doc No. 4 Standard tender document for procurement of goods
Doc No. 5 Standard tender document request for proposals (selection of
consultants)
Doc No. 7 Standard tender document for procurement of non-consultancy
services
Doc No. 11 Standard tender document for Maintenance Services
Doc No. 14 Standard tender document for Procurement of Specialized Goods –
Text Books and Reading Materials
Doc No. 15 Standard tender document for Procurement of Specialized Goods -
Health Sector Goods (pharmaceuticals, vaccines and condoms)

5. The STD is comprised of the parts indicated on the Table of Contents. Before using
this STD, the User is advised to or should be familiar with the Act and the Public
Procurement and Asset Disposal Regulations, 2020 (the Regulations), the applicable
Standard Request, Circulars and manuals prepared and issued by PPRA and other
government agencies to guide Public Entities in the conduct of the public procurement
process. In case of any conflict, the provisions of the Act and the Regulations prevail over
these guidelines.

6. The Public Procurement Regulatory Authority welcomes any comments from the Users of
this STD which will assist in revising (if need be) and improving the structure and contents of
the STD.

Director General
Public Procurement Regulatory Authority (PPRA)
P.O. Box 58535 - 00200
Nairobi, Kenya.

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APPENDIX 1 TO THE PREFACE

NOTES TO THE USERS OF THIS DOCUMENT

1. A Framework Agreement (FA) is an agreement/ pact between a procuring entity and a

selected supplier/s or contractor/s (referred to herein as a Firm) identified for a definite term to
supply goods works or service whose quantities and delivery schedules are not definable or
determinable at the beginning that establishes the terms and conditions that will govern any
contract awarded during the term of the FA. More than one Procuring Entity may, if so desired,
benefit from one FA. The terms and conditions will usually include the price rates, pricing and
payment mechanisms, timings, delivery destinations and works locations. FAs may be
established for the procurement of goods, works and services (Consulting, Non-Consulting,
Management and Maintenance) as and when required, over a specified period of time. An FA
does not commit a Procuring Entity to procure, nor a Firm to supply. Once established, an FA
provides a fast and efficient way to procure Goods, Works and Services. An FA allows a
Procuring Entity to select from a number of firms, helping to ensure that each procurement
represents best value for money. FAs may be appropriate under the following circumstances:

(a) frequent reordering is based on the same, or similar requirements, or set of

specifications;

(b) where different Procuring Entities procure the same goods, works and non-consulting
Services, including maintenance services and where aggregating the demand could
lead to volume discounts;

(c) planning for emergency situations; or

(d) no single firm is considered to have sufficient capacity to carry out the required
works or provide goods.

2. When setting up a Framework Agreement, the Procuring Entity should include in the
contract documents as many of the terms as possible which will apply to the call-off contracts so
that the firms that are party to the FA are clear as to their risks in relation to the call-off terms
and mini competition.

3. A framework agreement should have a minimum of seven alternative vendors are included for
each category. In practice FAs with a large number of suppliers may become difficult to manage,
as Procuring Entity may have to approach each supplier appointed to the framework in relation
to a proposed call-off. Although there is no set limit to the number of firms that can be in one
FA, a FA with a large number of suppliers may be more difficult to manage.

4. A Framework Agreement will generally allow a Procuring Entity more flexibility around
the goods, works or services to be contracted for under the framework, both in terms of volume
and also the detail of the relevant goods, works and services. It allows a contracting authority to
select from a number of suppliers for its requirements, helping to ensure that each purchase
represents best value.
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5. When several Procuring Entities establish an FA together, a lead Procuring Entity is
appointed to act on behalf of the group of Procuring Entities. Each Procuring Entity in the group
is identified in the invitation to Tender Documents at the time of going to the market. Each
individual Procuring Entity shall be specified in each call-off contract.

6. In order to establish an FA, the Procuring Entity shall use appropriate procurement method
with appropriate Invitation for Tenders and specify that the procuring entity intends to establish a
framework agreement. Once an FA is established, the Procuring Entity does not need to openly
advertise individual contract opportunities to be awarded as call-offs.

7. A procuring entity is not required to advertise or invite quotations from persons not shortlisted
under the framework agreement where a framework agreement has been entered into by the
procuring entity.

8. The additional information in the invitation for tenders or proposals shall include as a
minimum:

(a) the number of suppliers or contractors which shall not be less than seven alternative vendors

(b) the duration of the framework agreement which shall not exceed three years;

(c) a description of the Goods, works and Services that the FA is intended to cover;

(d) an estimate of the total volume/scope of the Goods, Works and Services for which call-off
contracts may be placed and, as far as possible, the volume/scope and frequency of the call-
off contracts to be awarded under the FA;

(e) An estimate of the maximum amount of purchases to be carried out under the FA;

(f) qualification and evaluation criteria and, evaluation methodology;

(g) the terms and conditions of contract that will apply to call-offs under the FA, which shall
include the following information:

(ii) a statement that the fees, charge rate or pricing mechanism, and any other associated
costs shall be agreed with each firm, and be valid for the term of the FA;

(iii) a statement that explains that the Procuring Entity will engage FA firms as
required, through call-off contracts and or mini-competition;

(iv) a statement that the FA is:

• a closed panel (which should normally be the case), and the constitution of
the panel shall remain unchanged during the term of the FA (other than
firms being removed from the panel, no additional or replacement firms may
be added); or
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 • an open panel and an outline of the process for selection.

(v) statement that there is no guarantee of being awarded a call-off contract, and no
commitment will be made with regard to possible volume of Goods, Works and
Services;

(vi) a statement that the FA is not an exclusive agreement and that the Procuring Entity
reserves the right to procure the same or similar Goods, Works and Services from other
firms.

(vii) a description of the circumstances that may lead to a firm being removed from the FA,
and the process to be used in securing the removal;

(viii) there will be no secondary procurement method or methods the Procuring Entity shall
use to select a firm (the call-off process);

(ix) the contractual method the Procuring Entity will use to secure the call-off contract (for
example, a statement of work or purchase order); and

(x) the duration of the FA, including any option to extend.

9. FAs shall be established for a maximum period of three (3) years

10. The Procuring Entity shall issue a Notification of Intention to conclude an FA (in
conformance with Paragraphs 5.72 to 5.77 (Notification of Intention to Award), and a Standstill
Period shall apply at the time when the winning firm in the FA is established. A public notice
(Contract Award Notice) of the conclusion of the FA shall be published when the FA is signed.
The notice shall list the names of all firms that have been included in the FA.

11. Call-off Contracts

11.1 For each procurement under an FA, a firm shall be selected from the panel using the
secondary procurement process, or one of the processes, described in the FA.

11.2 The secondary procurement for the call-offs shall be a direct selection from the list of the
firms on the FA, but based on an objective criterion such as the location where call-off contracts
are awarded to the firm that is best able to deliver based on their location and the location where
the Goods, Works, Services are to be delivered.

11.3 As part of the call-off process, firms shall be given a description of the scope of
supply/tasks/services that they will be expected to provide. The statement of goods, work or
service order to be issued as part of the call-off process shall specify the objectives, tasks,
deliverables, timeframes and price or price mechanism. The price for individual call-off
contracts shall be based on the prices detailed in the FA.

12 Mini-Competition

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An accounting officer may award a contract under a framework agreement through inviting
mini-competition amongst the suppliers under the framework agreement using the procedures set
out in the Regulations.

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TABLE OF CONTENTS

THE LIST OF STANDARD TENDER DOCUMENTS TO BE MODIFIED TO SUIT

FRAMEWORK AGREEMENTS.

Doc No. 1 Standard tender document for procurement of works (buildings and
associated civil engineering works)
Doc No. 3 Standard tender document for procurement of small works
Doc No. 4 Standard tender document for procurement of goods
Doc No. 5 Standard tender document request for proposals (selection of
consultants)
Doc No. 7 Standard tender document for procurement of non-consultancy
services
Doc No. 11 Standard tender document for Maintenance Services
Doc No. 14 Standard tender document for Procurement of Specialized Goods –
Text Books and Reading Materials
Doc No. 15 Standard tender document for Procurement of Specialized Goods - Health Sector
Goods (pharmaceuticals, vaccines and condoms)

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Doc No. 1 STANDARD TENDER DOCUMENT FOR PROCUREMENT OF WORKS
(BUILDINGS AND ASSOCIATED CIVIL ENGINEERING WORKS)

1. INVITATION TO TENDER, Paragraph 2, Add: Tenders will be awarded on basis of

a Framework Agreement.

2. SECTION I - INSTRUCTIONS TO TENDERERS

(a) Substitute the word “Contract Agreement” with “Framework Agreement”.

(b) ITT 35.1; Insert as a Second sentence the words “The evaluation and award of
contracts will be based on Packages”.

(c) Section III - Evaluation and Qualification Criteria

Omit Para 4 on Multiple Contracts since evaluation will be made on basis of package and call-
offs will also be on package basis.

(d) PART II – WORKS REQUIREMENTS

(i) Insert before Bills of Quantities:

Packages involved in the Framework Agreement

The Works shall consist of the following packages, and each package shall be described in full as
per Section-Bills of Quantities.

No. Package Description Locations Likely Number Period of

where the of Packages Construction
Package will be
constructed
1 E.g. Primary School of six Any Place 10 Within the FA
classrooms and associated within the Period.
facilities County of the
Procuring
Entity
2
3
4
5
6 ETC.

(ii) BILLS OF QUANTITIES; insert a preamble:

The Bills of Quantities shall be prepared for each Package separately.

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 (iii) Revise the GRAND SUMMARY as follows:

PACKAGE SUMMARY (complete one for each Package)

SUMMARY ITEMS From Page Amount

Bill No. 1: Preliminary Items
Bill No. 2: Work Items
Bill No 3: Daywork Summary
Bill No 4: Provisional Sums
Subtotal of Bills No 1-4
Allow for any Discounts i
TOTAL TENDER PRICE for Package No………Carried
forward to GRAND SUMMARY

GRAND SUMMARY

SUMMARY ITEMS From Page Amount

Package No. 1
Package No. 2
Package No. 3
Package No. 4… ETC.
Subtotal of Packages 1 to 4 ETC.
Allow for any Discounts I
TOTAL TENDER PRICE Carried forward to Form of Tender

3. CONDITIONS OF CONTRACT

(a) Omit the whole of Clause 1.6 and insert the following.

1.6 Framework Agreement

1.6.1 The Parties shall enter into a Framework Agreement within 28 days after the Contractor
receives the Letter of Acceptance, unless the Particular Conditions establish otherwise. The
Framework Agreement shall be based upon FORM No. 3 – FRAMEWORK AGREEMENT
annexed to the Particular Conditions of Contract. The costs of stamp duties and similar charges
(if any) imposed by law in connection with entry into the Framework Agreement shall be borne
by the Procuring Entity.

1.6.2 The Framework Agreement establishes the terms and conditions that will govern the
contract awarded during the term of the Framework Agreement. The Framework Agreement
establishes for the procurement works by package as and when required, over the specified
period of time. The Framework Agreement does not commit a Procuring Entity to procure, nor a

Page 10 of 40
firm to supply. The Framework Agreement allows the Procuring Entity to call the Contractor to
commence the works on a particular package in a specified location within the duration of the
agreement.

1.6.3 This Framework Agreement does not guarantee the contractor of being called for a contract
to start and no commitment is made with regard to possible number of packages to carried out.

1.6.4 This Framework Agreement does exclude the Procuring Entity from the right to procure the
same Works from other firms.

1.6.5 This Framework Agreement does not stop the Procuring Entity from removing the
contractor from the same Agreement.

1.6.6 FAs shall be established for a maximum period of three (3) years. The Procuring Entity
may with the Consent of the Contractor extend this Agreement if the agreement period is less
than three (3) years, if the initial engagement has been satisfactory.

1.6.7 Call-off Contracts; for work on a package to start, the Procuring Entity shall issue a notice
of acceptance of a particular package requesting the contractor to furnish a Performance Security
and to start the works thereafter, and providing the contractor with details of location where the
works, are to be carried out. The call-off statement shall specify the objectives, tasks,
deliverables, timeframes and price or price mechanism. The price for individual call-off
contracts shall be based on the prices detailed in the Framework Agreement.

(b) FORM No 1: NOTIFICATION OF INTENTION TO AWARD

Omit the whole of Para 4. and substitute as follows.

4. REQUEST A DEBRIEFING:

Omit the whole of item (i) and (ii) and substitute as follows.

(i) The successful tenderers:

Package No. Name of successful Address of the successful Contract price of

Tenderer Tenderer the successful
Tenderer
Package No.
Package No.
Package No.
Package No.
Package No.
Package No.

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 (ii) 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.

Package No. Name of Tenderer Address of the Tenderer Tender price evaluated price
Package No.
Package No.
Package No.
Package No.
Package No.
Package No.

(c) FORM NO 2: LETTER OF AWARD

(i) Amend first Paragraph omit the “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).”

And insert the words “for contract Package No… …… (amount…………...),

Packages No… …… (amount…………...), Packages No… ……
(amount…………...). etc. are hereby accepted by ……………… (name of Procuring
Entity.

(ii) Omit the whole of para reading “You are …………………. Tender Document”
and

Insert the words

“You are requested to arrange to sign the Framework Agreement within 28 days in
accordance with the Conditions of Contract. On being instructed to commence the
contract on any of the packages you have won, by a call-off notification, you will be
requested to furnish for the particular package a Performance Security within 28 days
in accordance with the Conditions of Contract, and for that purpose, using one of the
Performance Security Forms included in Section VIII, Contract Forms, of the Tender
Document”.

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DOC NO. 3 -STANDARD TENDER DOCUMENT FOR PROCUREMENT OF SMALL
WORKS

1. INVITATION TO TENDER, Paragraph 2, Add: Tenders will be awarded on basis

of Framework Agreement.

2. SECTION I - INSTRUCTIONS TO TENDERERS

(a) Substitute the word “Contract” and “Contract Agreement” with “Framework
Agreement”.

(b) ITT 37.1; Insert as a second sentence the words “The evaluation and award of contracts
will be based on Packages”.

(c) Section III - Evaluation and Qualification Criteria

Omit Para 4 on Multiple Contracts since evaluation will be made on basis of package and
call-offs will also be on package basis.

(d) SCHEDULES - Bill of Quantities

Insert before Bills of Quantities:

(i) Packages involved in the Framework Agreement

The Works shall consist of the following packages, and each package shall be described in full
as per Section-Bills of Quantities.

No. Package Description Locations Likely Number Period of

where the of Packages Construction
Package will
be constructed
1 E.g. Primary tar Road 15 Any Place 6 Within the FA
KM stretch between ABKO within the Period.
and KAM County of the
Procuring
Entity
2
3
4
5
6 ETC.

(ii) BILLS OF QUANTITIES; insert a preamble:

The Bills of Quantities shall be prepared for each Package separately.

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(iii) Revise the “Sample Bill of Quantities” as follows:

PACKAGE SUMMARY (complete one for each Package)

SUMMARY ITEMS From Amount

Page
Bill No. 1: Preliminary Items
Bill No. 2: Work Items
Bill No 3: Daywork Summary
Bill No 4: Provisional Sums
Subtotal of Bills No 1-4
Allow for any Discounts i
TOTAL TENDER PRICE for Package No………Carried
forward to GRAND SUMMARY

GRAND SUMMARY

SUMMARY ITEMS From Amount

Page
Package No. 1
Package No. 2
Package No. 3
Package No. 4… ETC.
Subtotal of Packages 1 to 4 ETC.
Allow for any Discounts I
Total Tender Price Carried forward to Form of Tender

(g) FORM OF TENDER

(i) Amend Item (5) (v) tender price to read:

“Total price of all Packages (sum of all packages -list all packages, indicate price of each
package tendered for and their total) [insert the total price of all lots in words and figures)];”.
Substitute Lot for Package.

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3. CONDITIONS OF CONTRACT

(a) Insert as Clause 2.4 the following.

2.4 Framework Agreement

2.4.1 The Parties shall enter into a Framework Agreement within 28 days after the Contractor
receives the Letter of Acceptance, unless the Particular Conditions establish otherwise.
The Framework Agreement shall be based upon FORM No. 3 – FRAMEWORK
AGREEMENT annexed to the Particular Conditions. The costs of stamp duties and
similar charges (if any) imposed by law in connection with entry into the Framework
Agreement shall be borne by the Procuring Entity.

2.4.2 The Framework Agreement establishes the terms and conditions that will govern the
contract awarded during the term of the Framework Agreement. The Framework
Agreement establishes for the procurement works by package as and when required,
over the specified period of time. The Framework Agreement does not commit a
Procuring Entity to procure, nor a Firm to supply. The Framework Agreement allows
the Procuring Entity to call the Contractor to commence the works on a particular
package in a specified location within the duration of the agreement.

2.4.3 This Framework Agreement does not guarantee the contractor of being called for a
contract to start and no commitment is made with regard to possible number of packages
to carry out.

2.4.4 This Framework Agreement does exclude the Procuring Entity from the right to procure
the same Works from other firms.

2.4.5 This Framework Agreement does not stop the Procuring Entity from removing the
contractor from the same Agreement.

2.4.6 FAs shall be established for a maximum period of three (3) years. The Procuring Entity
may with the Consent of the Contractor extend this Agreement if the agreement period
is less than three (3) years, if the initial engagement has been satisfactory.

2.4.7 Call-off Contracts; for work on a package to start, the Procuring Entity shall issue a notice
of acceptance of a particular package requesting the contractor to furnish a Performance
Security and to start the works thereafter, and providing the contractor with details of
location where the works, are to be carried out. The call-off statement shall specify the
objectives, tasks, deliverables, timeframes and price or price mechanism. The price for
individual call-off contracts shall be based on the prices detailed in the Framework
Agreement.

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(b) NOTIFICATION OF INTENTION TO AWARD

Omit the whole of Para 4. and substitute as follows.

Omit the whole of item (i) and (ii) and substitute as follows.

(i) The successful tenderers:

Package No. Name of successful Address of the successful Contract price of
Tenderer Tenderer the successful
Tenderer
Package No.
Package No.
Package No.
Package No.
Package No.
Package No.

(ii) 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.

Package No. Name of Tenderer Address of the Tender price evaluated price
Tenderer
Package No.
Package No.
Package No.
Package No.
Package No.
Package No.

(c) LETTER OF AWARD

(i) Amend first Paragraph omit the “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).” And insert the words “for contract Package No… …… (amount…………...),
Packages No… …… (amount…………...), Packages No… …… (amount…………...). etc.
are hereby accepted by ……………… (name of Procuring Entity.

(ii) Omit the whole of para reading “You are …………………. Tender Document”
and

Insert the words

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“You are requested to arrange to sign the Framework Agreement within 28 days in
accordance with the Conditions of Contract. On being instructed to commence the
contract on any of the packages you have won, by a call-off notification, you will be
requested to furnish for the particular package a Performance Security within 28 days in
accordance with the Conditions of Contract, and for that purpose, using one of the
Performance Security Forms included in Section VIII, Contract Forms, of the Tender
Document”.

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DOC NO. 4- STANDARD TENDER DOCUMENT FOR PROCUREMENT OF GOODS

1. INVITATION TO TENDER, Paragraph 2, Add: Tenders will be awarded on basis

of Framework Agreement.

2. SECTION I - INSTRUCTIONS TO TENDERERS

(a) Substitute the word “Contract Agreement” with “Framework Agreement”.

(b) ITT 33.1; Insert as a second sentence the words “The evaluation and award of contracts
will be based on Packages”.

(c) Section III - Evaluation and Qualification Criteria

Omit Para 2.2.4 and insert the following

3. Multiple Contracts (ITT 33.4)

Tenders are invited for individual lots, the contract will be awarded to the tenderer offering a
substantially responsive Tender(s) and the lowest evaluated cost for individual lots, subject to the
selected tenderer(s) meeting the required qualification criteria (this Section III, Sub-Section ITT
36 Qualification Requirements) for each lot. In determining tenderer that offer the lowest
evaluated cost to the Procuring Entity for each lot, the Procuring Entity shall apply the following
steps in sequence:
(a) evaluate individual lots to determine the substantially responsive Tenders and
corresponding evaluated costs;

(b) for each lot, rank the substantially responsive Tenders starting from the lowest
evaluated cost for the lot;

(c) apply to the evaluated costs listed in (b) above, any applicable discounts/price
reductions offered by a tenderer (s) for the award of each Lot based on the discounts and
the methodology for their application offered by the respective Tenderer; and

(d) determine contract award based on the lots that offer the tender offers each of which
has the lowest evaluated cost to the Procuring Entity.

Section V: Schedules of Requirement,

Table of Price Schedule, change on Column 1 the words “Line Item N Omit” to “Lot N.”.

Page 18 of 40
(e) FORM OF TENDER

Omit whole Item (e) Tender Price and substitute with

(a) The total price of our Tender, excluding any discounts offered in item (f) below as per
listed Lots (list each lot with its price and then the total of all tendered for lots) [insert the
prices of the Tender in words and figures, indicating the various amounts for lots and the
respective currencies];

3. CONDITIONS OF CONTRACT

(a) 4.1 entire Agreement: Insert as Clause 4.1.2 the following.

4.1.2 Framework Agreement

4.1.2.1 The Parties shall enter into a Framework Agreement within 28 days after the Contractor
receives the Letter of Acceptance, unless the Particular Conditions establish otherwise.
The Framework Agreement shall be based upon FORM No. 3 – FRAMEWORK
AGREEMENT annexed to the Particular Conditions. The costs of stamp duties and
similar charges (if any) imposed by law in connection with entry into the Framework
Agreement shall be borne by the Procuring Entity.

4.1.2.2 The Framework Agreement establishes the terms and conditions that will govern the
contract awarded during the term of the Framework Agreement. The Framework
Agreement establishes for the procurement works by package as and when required,
over the specified period of time. The Framework Agreement does not commit a
Procuring Entity to procure, nor a Firm to supply. The Framework Agreement allows
the Procuring Entity to call the Contractor to commence the works on a particular
package in a specified location within the duration of the agreement.

4.1.2.3 This Framework Agreement does not guarantee the contractor of being called for a
contract to start and no commitment is made with regard to possible number of packages
to carry out.

4.1.2.4 This Framework Agreement does exclude the Procuring Entity from the right to procure
the same Works from other firms.

4.1.2.5 This Framework Agreement does not stop the Procuring Entity from removing the
contractor from the same Agreement.

4.1.2.6 FAs shall be established for a maximum period of three (3) years. The Procuring Entity
may with the Consent of the Contractor extend this Agreement if the agreement period
is less than three (3) years, if the initial engagement has been satisfactory.

4.1.2.7 Call-off Contracts; for work on a package to start, the Procuring Entity shall issue a
notice of acceptance of a particular package requesting the contractor to furnish a

Page 19 of 40
 Performance Security and to start the works thereafter, and providing the contractor with
details of location where the works, are to be carried out. The call-off statement shall
specify the objectives, tasks, deliverables, timeframes and price or price mechanism.
The price for individual call-off contracts shall be based on the prices detailed in the
Framework Agreement.

(b) FORM No 1: NOTIFICATION OF INTENTION TO AWARD

Omit the whole of Para 4. And substitute as follows.

Omit the whole of item (i) and (ii) and substitute as follows.

(I The successful tenderers:

Package No. Name of successful Address of the successful Contract price of

Tenderer Tenderer the successful
Tenderer
Lot No.
Lot No.
Lot No.
Lot No.
Lot No.
Lot No.

(ii) 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.

Package No. Name of Tenderer Address of the Tender price evaluated price
Tenderer
Lot No.
Lot No.
Lot No.
Lot No.
Lot No.
Lot No.

(c) FORM 3 LETTER OF AWARD

(i) Amend first Paragraph omit the “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).” And insert the words “for contract Lot No… …… (amount…………...), Lot
Page 20 of 40
No… …… (amount…………...), Lot No… …… (amount…………...). etc. are hereby
accepted by ……………… (name of Procuring Entity.

(ii) Omit the whole of para reading “You are …………………. Tender Document”
and

Insert the words

“You are requested to arrange to sign the Framework Agreement within 28 days in
accordance with the Conditions of Contract. On being instructed to commence the
contract on any of the packages you have won, by a call-off notification, you will be
requested to furnish for the particular package a Performance Security within 28 days in
accordance with the Conditions of Contract, and for that purpose, using one of the
Performance Security Forms included in Section VIII, Contract Forms, of the Tender
Document”.

Page 21 of 40
DOC NO. 5 -STANDARD TENDER DOCUMENT REQUEST FOR PROPOSALS
(SELECTION OF CONSULTANTS)

1. REQUEST FOR PROPOSALS; Before Paragraph 1, Add: “Please note that the
selected Consultant shall be requested to sign a Framework Agreement so that the whole of
services could be duplicated and provided in more than one location and to more than one
Procuring Entity” over the period of the Framework Agreement”.

2. SECTION 4. FINANCIAL PROPOSAL - STANDARD FORMS

(a) FORM FIN-1, FINANCIAL PROPOSAL SUBMISSION FORM; Insert after first sentence the
words “We understand that the contract may be duplicated by a further _________ number of
assignments within the Republic of Kenya, subject to negotiations on any additional costs that
may be incurred as a result of performing the assignment in different locations”.

(b) FORM OF CONTRACT

Insert after first sentence the words “We understand that the contract may be duplicated by a
further _________ number of assignments within the Republic of Kenya, subject to negotiations
on any additional costs that may be incurred as a result of performing the assignment in different
locations”.

3. CONDITIONS OF CONTRACT (both Lumpsum and Time-based)

Insert as Appendix E to the Conditions of Contract, both Lumpsum and Time-based.

1. Appendix F - Framework Agreement

1.1 The Parties shall enter into this contract as a Framework Agreement within 28 days after
the Contractor receives the Letter of Acceptance, unless the Particular Conditions establish
otherwise. The Framework Agreement shall be based upon FORM No. 3 – FRAMEWORK
AGREEMENT annexed to the Particular Conditions. The costs of stamp duties and similar
charges (if any) imposed by law in connection with entry into the Framework Agreement shall
be borne by the Procuring Entity.

1.2 The Framework Agreement establishes the terms and conditions that will govern the
contract awarded during the term of the Framework Agreement. The Framework Agreement
establishes for the procurement works by package as and when required, over the specified
period of time. The Framework Agreement does not commit a Procuring Entity to procure, nor
a Firm to supply. The Framework Agreement allows the Procuring Entity to call the Contractor
to commence the works on a package in a specified location within the duration of the
agreement.

Page 22 of 40
1.3 This Framework Agreement does not guarantee the contractor of being called for a
contract to start and no commitment is made with regard to possible number of packages to
carried out.

1.4 This Framework Agreement does exclude the Procuring Entity from the right to procure
the same Works from other firms.

1.5 This Framework Agreement does not stop the Procuring Entity from removing the
contractor from the same Agreement.

1.6 FAs shall be established for a maximum period of three (3) years. The Procuring Entity
may with the Consent of the Contractor extend this Agreement if the agreement period is less
than three (3) years, if the initial engagement has been satisfactory.

1.7 Call-off Contracts; for work on a package to start, the Procuring Entity shall issue a
notice of acceptance of a particular package requesting the contractor to furnish a Performance
Security and to start the works thereafter, and providing the contractor with details of location
where the works, are to be carried out. The call-off statement shall specify the objectives, tasks,
deliverables, timeframes and price or price mechanism. The price for individual call-off
contracts shall be based on the prices detailed in the Framework Agreement.

Page 23 of 40
DOC NO. 7 - STANDARD TENDER DOCUMENT FOR PROCUREMENT OF NON-
CONSULTANCY SERVICES

1. INVITATION TO TENDER, Paragraph 2, Add: Tenders will be awarded on basis of

Framework Agreement.

2. SECTION I - INSTRUCTIONS TO TENDERERS

(a) Substitute the word “Contract Agreement” with “Framework Agreement”.

(b) ITT 35.1; Insert as a Second sentence the words “The evaluation and award of contracts
will be based on each Service Number”.

(c) Section III - Evaluation and Qualification Criteria

Omit the entire Item 4 and insert the following:

4. Award Criteria for Multiple Contracts [ITT 35.4]:

Tenderers have the option to Tender for any one or more Service Lines/Lots. Tenders will be
evaluated lot-wise, taking into account discounts offered, if any. The contract(s) will be awarded
to the Tenderer or Tenderers offering the lowest evaluated cost to the Procuring Entity for each
Service Line or Service Lot, subject to the selected Tenderer(s) meeting the required
qualification criteria for lot or combination of lots as the case may be.

(d) SECTION IV- TENDERING FORMS – Form of tender:

(e) tender price: Omit Option 1 and Adopt Option 2 with following amendment:

In case of multiple Service Lines or Service Packages (a) Total price of each Service Line or
Package [insert the total price of each in words and figures, indicating the various amounts and
the respective currencies]; and (b) Total price of all Service Lines and Packages [insert the total
price in words and figures, indicating the various amounts and the respective currencies];

(e) SECTION IV- TENDERING FORMS - Notification of Intention to Award

Omit the whole of Item 1& 2 and insert the following:

1. The successful Tenderers

Tender price Evaluated
No. Description and No. [insert name of [insert
Tender price
of Service Line or successful Tenderer] Address of
(if
Package successful
applicable)
Tenderer]

Page 24 of 40
 Tender price Evaluated
No. Description and No. [insert name of [insert
Tender price
of Service Line or successful Tenderer] Address of
(if
Package successful
applicable)
Tenderer]

2. Other Tenderers [INSTRUCTIONS: insert names of all Tenderers that submitted a

Tender. If the Tender’s price was evaluated include the evaluated price as well as the
Tender price as read out.]
Tender Evaluated
No. Description and [insert name of [insert Address
price Tender
No. of Service Tenderer] of Tenderer]
price
Line or Package

(f) SECTION IV- TENDERING FORMS - Letter of Award

(i) Amend first Paragraph omit the “for the Contract Price of the equivalent of [amount in
numbers and words] [name of currency], as corrected and modified in accordance with
the Instructions to Tenderers is hereby accepted by us (Procuring Entity)” And insert the
following words and a completed Table:

“for the Contract Amounts [amount in numbers and words] [name of currency], as
corrected and modified in accordance with the Instructions to Tenderers, are hereby
accepted by ……………… (name of Procuring Entity).” for each Service Line or Package
listed on the Table below.

No. Description and Number of Service Line or [insert accepted [insert completion
Package Tender Price] period]

Page 25 of 40
(ii) Omit the whole of para reading “You are …………………. Tender Document” and

Insert the words

“You are requested to arrange to sign the Framework Agreement within 28 days in accordance
with the Conditions of Contract. On being instructed to commence the contract on any of the
packages you have won, by a call-off notification, you will be requested to furnish for the
particular Service Line or Package a Performance Security within 28 days in accordance with the
Conditions of Contract, and for that purpose, using one of the Performance Security Forms
included in Section VIII, Contract Forms, of the Tender Document”.

3. CONDITIONS OF CONTRACT

Insert as Appendix E to the Conditions of Contract.

1. Appendix E - Framework Agreement

1.1 The Parties shall enter into this contract as a Framework Agreement within 28 days after
the Contractor receives the Letter of Acceptance, unless the Particular Conditions establish
otherwise. The Framework Agreement shall be based upon FORM No. 3 – FRAMEWORK
AGREEMENT annexed to the Particular Conditions. The costs of stamp duties and similar
charges (if any) imposed by law in connection with entry into the Framework Agreement shall
be borne by the Procuring Entity.

1.2 The Framework Agreement establishes the terms and conditions that will govern the
contract awarded during the term of the Framework Agreement. The Framework Agreement
establishes for the procurement works by package as and when required, over the specified
period of time. The Framework Agreement does not commit a Procuring Entity to procure, nor a
Firm to supply. The Framework Agreement allows the Procuring Entity to call the Contractor to
commence the works on a particular package in a specified location within the duration of the
agreement.

1.3 This Framework Agreement does not guarantee the contractor of being called for a contract
to start and no commitment is made with regard to possible number of packages to carry out.

1.4 This Framework Agreement does exclude the Procuring Entity from the right to procure the
same Works from other firms.

1.5 This Framework Agreement does not stop the Procuring Entity from removing the contractor
from the same Agreement.

1.6 FAs shall be established for a maximum period of three (3) years. The Procuring Entity may
with the Consent of the Contractor extend this Agreement if the agreement period is less than
three (3) years, if the initial engagement has been satisfactory.

Page 26 of 40
1.7 Call-off Contracts; for work on a package to start, the Procuring Entity shall issue a notice
of acceptance of a particular package requesting the contractor to furnish a Performance Security
and to start the works thereafter, and providing the contractor with details of location where the
works, are to be carried out. The call-off statement shall specify the objectives, tasks,
deliverables, timeframes and price or price mechanism. The price for individual call-off
contracts shall be based on the prices detailed in the Framework Agreement.

Names of all Service Lines and Packages awarded to the Tenderer.

Description and No Name of Tenderer Address of the Tenderer Awarded Tender

of Service Line or price
Package

Page 27 of 40
DOC NO. 11 STANDARD TENDER DOCUMENT FOR MAINTENANCE SERVICES

1. INVITATION TO TENDER, Paragraph 2, Add: Tenders will be awarded on basis of

Framework Agreement.

2. SECTION I - INSTRUCTIONS TO TENDERERS

(a) Substitute the word “Contract Agreement” with “Framework Agreement”.

(b) ITT 35.1; Insert as a Second sentence the words “The evaluation and award of contracts
will be based on each Service Number”.

(c) Section III - Evaluation and Qualification Criteria

Omit the entire Item 4 and insert the following:

4. Award Criteria for Multiple Contracts [ITT 35.4]:

Tenderers have the option to Tender for any one or more Service Lines/Lots. Tenders will be
evaluated lot-wise, taking into account discounts offered, if any. The contract(s) will be awarded
to the Tenderer or Tenderers offering the lowest evaluated cost to the Procuring Entity for each
Service Line or Service Lot, subject to the selected Tenderer(s) meeting the required
qualification criteria for lot or combination of lots as the case may be.

(d) SECTION IV- TENDERING FORMS – Form of tender:

(e)Tender price: Omit Option 1 and Adopt Option 2 with following amendment:

In case of multiple Service Lines or Service Packages (a) Total price of each Service Line or
Package [insert the total price of each in words and figures, indicating the various amounts and
the respective currencies]; and (b) Total price of all Service Lines and Packages [insert the total
price in words and figures, indicating the various amounts and the respective currencies];

(e) SECTION IV- TENDERING FORMS - Notification of Intention to Award

Omit the whole of Item 1. And insert the following:

(i) The successful Tenderers

Page 28 of 40
 Tender price Evaluated
No. Description and No. [insert name of [insert
Tender price
of Service Line or successful Tenderer] Address of
(if
Package successful
applicable)
Tenderer]

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

of [insert Address Tender Evaluated

No. Description and [insert name
price Tender
No. of Service Line Tenderer] of Tenderer]
price
or Package

(f) SECTION IV- TENDERING FORMS - Letter of Award

(i) Amend first Paragraph omit the “for the Contract Price of the equivalent of [amount
in numbers and words] [name of currency], as corrected and modified in accordance
with the Instructions to Tenderers is hereby accepted by us (Procuring Entity).” And
insert the following words and a completed Table:

“for the Contract Amounts [amount in numbers and words] [name of currency], as
corrected and modified in accordance with the Instructions to Tenderers, are hereby
accepted by ……………… (name of Procuring Entity).” for each Service Line or Package
listed on the Table below.

No. Description and No. of Service Line or Package [insert accepted [insert completion
Tender Price] period]

Page 29 of 40
No. Description and No. of Service Line or Package [insert accepted [insert completion
Tender Price] period]

(ii) Omit the whole of para reading “You are …………………. Tender Document” and

Insert the words

“You are requested to arrange to sign the Framework Agreement within 28 days in accordance
with the Conditions of Contract. On being instructed to commence the contract on any of the
packages you have won, by a call-off notification, you will be requested to furnish for the
particular Service Line or Package a Performance Security within 28 days in accordance with the
Conditions of Contract, and for that purpose, using one of the Performance Security Forms
included in Section VIII, Contract Forms, of the Tender Document”.

3. CONDITIONS OF CONTRACT

Insert as Appendix F to the Conditions of Contract, both Time-based and Lumpsum.

1. Appendix F - Framework Agreement

1.1 The Parties shall enter into this contract as a Framework Agreement within 28 days after
the Contractor receives the Letter of Acceptance, unless the Particular Conditions establish
otherwise. The Framework Agreement shall be based upon FORM No. 3 – FRAMEWORK
AGREEMENT annexed to the Particular Conditions. The costs of stamp duties and similar
charges (if any) imposed by law in connection with entry into the Framework Agreement shall
be borne by the Procuring Entity.

1.2 The Framework Agreement establishes the terms and conditions that will govern the
contract awarded during the term of the Framework Agreement. The Framework Agreement
establishes for the procurement works by package as and when required, over the specified
period of time. The Framework Agreement does not commit a Procuring Entity to procure, nor a
Firm to supply. The Framework Agreement allows the Procuring Entity to call the Contractor to
commence the works on a particular package in a specified location within the duration of the
agreement.

1.3 This Framework Agreement does not guarantee the contractor of being called for a contract
to start and no commitment is made with regard to possible number of packages to carry out.

1.4 This Framework Agreement does exclude the Procuring Entity from the right to procure the
same Works from other firms.

1.5 This Framework Agreement does not stop the Procuring Entity from removing the contractor
from the same Agreement.
Page 30 of 40
1.6 FAs shall be established for a maximum period of three (3) years. The Procuring Entity may
with the Consent of the Contractor extend this Agreement where the agreement period is less
than three (3) years, if the initial engagement has been satisfactory.

1.7 Call-off Contracts; for work on a package to start, the Procuring Entity shall issue a
notice of acceptance of a package requesting the contractor to furnish a Performance Security
and to start the works thereafter, and providing the contractor with details of location where the
works, are to be carried out. The call-off statement shall specify the objectives, tasks,
deliverables, timeframes and price or price mechanism. The price for individual call-off
contracts shall be based on the prices detailed in the Framework Agreement.

Names of all Service Lines and Packages awarded to the Tenderer.

Description and No Name of Tenderer Address of the Tenderer Awarded Tender

of Service Line or price
Package

Page 31 of 40
DOC NO. 14 - STANDARD TENDER DOCUMENT FOR PROCUREMENT OF
SPECIALIZED GOODS – TEXT BOOKS AND READING MATERIALS

1. INVITATION TO TENDER, Paragraph 2, Add: Tenders will be awarded on basis

of Framework Agreement.

2. SECTION I - INSTRUCTIONS TO TENDERERS

(a) Substitute the word “Contract Agreement” with “Framework Agreement”.

(b) ITT 34.1; Insert as a second sentence the words “The evaluation and award of contracts
will be based on Packages”.

(c) Section III - Evaluation and Qualification Criteria

Omit Para 6. and insert the following

6. Multiple Contracts (ITT 34.4)

Tenders are invited for individual lots, the contract will be awarded to the tenderer offering a
substantially responsive Tender(s) and the lowest evaluated cost for individual lots, subject to the
selected tenderer(s) meeting the required qualification criteria (this Section III, Sub-Section ITT
37 Qualification Requirements) for each lot. In determining tenderer that offer the lowest
evaluated cost to the Procuring Entity for each lot, the Procuring Entity shall apply the following
steps in sequence:

(a) evaluate individual lots to determine the substantially responsive Tenders and
corresponding evaluated costs;

(b) for each lot, rank the substantially responsive Tenders starting from the lowest
evaluated cost for the lot;

(c) apply to the evaluated costs listed in (b) above, any applicable discounts/price
reductions offered by a tenderer (s) for the award of each Lot based on the discounts and
the methodology for their application offered by the respective Tenderer; and

(d) determine contract award based on the lots that offer the tender offers each of which
has the lowest evaluated cost to the Procuring Entity.

Section V – Schedule of Requirements

Table of Price Schedule, change on Column 1 the words “Line Item N” to “Lot N.”.

Page 32 of 40
(e) FORM OF TENDER

Omit whole Item (e) Tender Price and substitute with “The total price of our Tender,
excluding any discounts offered in item (f) below as per listed Lots (list each lot with its price
and then the total of all tendered for lots)” [insert the prices of the Tender in words and figures,
indicating the various amounts for lots and the respective currencies];

3. CONDITIONS OF CONTRACT

(a) 4.3 Entire Agreement Insert as Clause 4.3.2 the following.

4.3.2 Framework Agreement

4.3.2.1 The Parties shall enter into a Framework Agreement within 28 days after the Contractor
receives the Letter of Acceptance, unless the Particular Conditions establish otherwise. The
Framework Agreement shall be based upon FORM No. 3 – FRAMEWORK AGREEMENT
annexed to the Particular Conditions. The costs of stamp duties and similar charges (if any)
imposed by law in connection with entry into the Framework Agreement shall be borne by the
Procuring Entity.

4.3.2.2 The Framework Agreement establishes the terms and conditions that will govern the
contract awarded during the term of the Framework Agreement. The Framework Agreement
establishes for the procurement works by package as and when required, over the specified
period of time. The Framework Agreement does not commit a Procuring Entity to procure, nor a
Firm to supply. The Framework Agreement allows the Procuring Entity to call the Contractor to
commence the works on a particular package in a specified location within the duration of the
agreement.

4.3.2.3 This Framework Agreement does not guarantee the contractor of being called for a
contract to start and no commitment is made with regard to possible number of packages to carry
out.

4.3.2.4 This Framework Agreement does exclude the Procuring Entity from the right to procure
the same Works from other firms.

4.3.2.5 This Framework Agreement does not stop the Procuring Entity from removing the
contractor from the same Agreement.

4.3.2.6 FAs shall be established for a maximum period of three (3) years. The Procuring Entity
may with the Consent of the Contractor extend this Agreement where the agreement period is
less than three (3) years, if the initial engagement has been satisfactory.

4.3.2.7 Call-off Contracts; for work on a package to start, the Procuring Entity shall issue a
notice of acceptance of a particular package requesting the contractor to furnish a Performance
Security and to start the works thereafter, and providing the contractor with details of location
where the works, are to be carried out. The call-off statement shall specify the objectives, tasks,

Page 33 of 40
deliverables, timeframes and price or price mechanism. The price for individual call-off
contracts shall be based on the prices detailed in the Framework Agreement.

(b) NOTIFICATION OF INTENTION TO AWARD

Omit the whole of (i) & (ii) and substitute as follows.

(i) The successful tenderers:

Package No. Name of successful Address of the successful Contract price of

Tenderer Tenderer the successful
Tenderer
Lot No.
Lot No.
Lot No.
Lot No.
Lot No.
Lot No.

(ii) 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.

Package No. Name of Tenderer Address of the Tender price evaluated price
Tenderer
Lot No.
Lot No.
Lot No.
Lot No.
Lot No.
Lot No.

(c) Letter of Award.

(i) Amend first Paragraph omit the “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).” And insert the words “for contract Lot No… …… (amount…………...), Lot No…
…… (amount…………...), Lot No… …… (amount…………...). etc. are hereby accepted by
……………… (name of Procuring Entity.

Page 34 of 40
(ii) Omit the whole of para reading “You are …………………. Tender Document”
and

Insert the words

“You are requested to arrange to sign the Framework Agreement within 28 days in
accordance with the Conditions of Contract. On being instructed to commence the contract
on any of the packages you have won, by a call-off notification, you will be requested to
furnish for the particular package a Performance Security within 28 days in accordance
with the Conditions of Contract, and for that purpose, using one of the Performance
Security Forms included in Section VIII, Contract Forms, of the Tender Document”.

Page 35 of 40
DOC NO. 15 STANDARD TENDER DOCUMENT FOR PROCUREMENT OF
SPECIALIZED GOODS – HEALTH SECTOR GOODS (Pharmaceuticals, Vaccines and
Condoms)

1. INVITATION TO TENDER, Paragraph 2, Add: Tenders will be awarded on basis

of Framework Agreement.

2. SECTION I - INSTRUCTIONS TO TENDERERS

(a) Substitute the word “Contract Agreement” with “Framework Agreement”.

(b) ITT 34.1; Insert as a second sentence the words “The evaluation and award of contracts
will be based on Packages”.

(c) Section III - Evaluation and Qualification Criteria

Omit Para 5. and insert the following

3. Multiple Contracts (ITT 34.4)

Tenders are invited for individual lots, the contract will be awarded to the tenderer offering a
substantially responsive Tender(s) and the lowest evaluated cost for individual lots, subject to the
selected tenderer(s) meeting the required qualification criteria (this Section III, Sub-Section ITT
37 Qualification Requirements) for each lot. In determining tenderer that offer the lowest
evaluated cost to the Procuring Entity for each lot, the Procuring Entity shall apply the following
steps in sequence:

(a) evaluate individual lots to determine the substantially responsive Tenders and
corresponding evaluated costs;

(b) for each lot, rank the substantially responsive Tenders starting from the lowest
evaluated cost for the lot;

(c) apply to the evaluated costs listed in (b) above, any applicable discounts/price
reductions offered by a tenderer (s) for the award of each Lot based on the discounts and
the methodology for their application offered by the respective Tenderer; and

(e) determine contract award based on the lots that offer the tender offers each of which has
the lowest evaluated cost to the Procuring Entity.

Section V: SCHEDULES of Requirements,

Table of Price Schedule, change on Column 1 the words “Line Item N” to “Lot N.”.

Page 36 of 40
(e) FORM OF TENDER

Omit whole Item (e) Tender Price and substitute with “The total price of our Tender,
excluding any discounts offered in item (f) below as per listed Lots (list each lot with its price
and then the total of all tendered for lots)” [insert the prices of the Tender in words and figures,
indicating the various amounts for lots and the respective currencies];

3. CONDITIONS OF CONTRACT

(a) 4.3 Entire Agreement Insert as Clause 4.3.2 the following.

4.3.2 Framework Agreement

4.3.2.1 The Parties shall enter into a Framework Agreement within 28 days after the Contractor
receives the Letter of Acceptance, unless the Particular Conditions establish otherwise. The
Framework Agreement shall be based upon FORM No. 3 – FRAMEWORK AGREEMENT
annexed to the Particular Conditions. The costs of stamp duties and similar charges (if any)
imposed by law in connection with entry into the Framework Agreement shall be borne by the
Procuring Entity.

4.3.2.2 The Framework Agreement establishes the terms and conditions that will govern the
contract awarded during the term of the Framework Agreement. The Framework Agreement
establishes for the procurement works by package as and when required, over the specified
period of time. The Framework Agreement does not commit a Procuring Entity to procure, nor a
Firm to supply. The Framework Agreement allows the Procuring Entity to call the Contractor to
commence the works on a particular package in a specified location within the duration of the
agreement.

4.3.2.3 This Framework Agreement does not guarantee the contractor of being called for a
contract to start and no commitment is made with regard to possible number of packages to carry
out.

4.3.2.4 This Framework Agreement does exclude the Procuring Entity from the right to procure
the same Works from other firms.

4.3.2.5 This Framework Agreement does not stop the Procuring Entity from removing the
contractor from the same Agreement.

4.3.2.6 FAs shall be established for a maximum period of three (3) years. The Procuring Entity
may with the Consent of the Contractor extend this Agreement where the agreement period is
less than three (3) years, if the initial engagement has been satisfactory.

4.3.2.7 Call-off Contracts; for work on a package to start, the Procuring Entity shall issue a
notice of acceptance of a particular package requesting the contractor to furnish a Performance
Security and to start the works thereafter, and providing the contractor with details of location
where the works, are to be carried out. The call-off statement shall specify the objectives, tasks,

Page 37 of 40
deliverables, timeframes and price or price mechanism. The price for individual call-off
contracts shall be based on the prices detailed in the Framework Agreement.

(b) FORM No 1: NOTIFICATION OF INTENTION TO AWARD

Omit the whole of item (i) and (ii) and substitute as follows.

(i) The successful tenderers:

Package No. Name of successful Address of the successful Contract price of

Tenderer Tenderer the successful
Tenderer
Lot No.
Lot No.
Lot No.
Lot No.
Lot No.
Lot No.

(ii) 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.

Package No. Name of Tenderer Address of the Tender price evaluated price
Tenderer
Lot No.
Lot No.
Lot No.
Lot No.
Lot No.
Lot No.

(c) Letter of Award

(i) Amend first Paragraph omit the “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).” And insert the words “for contract Lot No… …… (amount…………...), Lot No…
…… (amount…………...), Lot No… …… (amount…………...). etc. are hereby accepted by
……………… (name of Procuring Entity.
(ii) Omit the whole of para reading “You are …………………. Tender Document” and
Page 38 of 40
Insert the words
“You are requested to arrange to sign the Framework Agreement within 28 days in
accordance with the Conditions of Contract. On being instructed to commence the contract
on any of the packages you have won, by a call-off notification, you will be requested to
furnish for the particular package a Performance Security within 28 days in accordance
with the Conditions of Contract, and for that purpose, using one of the Performance
Security Forms included in Section VIII, Contract Forms, of the Tender Document”.

Page 39 of 40
 Public Procurement Regulatory Authority (PPRA)
National Bank Building, 11th Floor, Harambee Avenue
P.O Box 58535- 00200, Nairobi Kenya Telephone: +254 020 3244000, 2213106/7
Email: [email protected] Website: www.ppra.go.ke

Page 40 of 40