KeNHA 2839 2025 Kakamega Airstrip Shinyalu Chepsonoi
KeNHA 2839 2025 Kakamega Airstrip Shinyalu Chepsonoi
KeNHA/2839/2025
JANUARY 2025
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Contents
SECTION I INVITATION TO TENDER ................................................................................4
PART 1 TENDERING PROCEDURES.......................................................................................8
SECTION II - INSTRUCTIONS TO TENDERERS ............................................................ 9
SECTION III - TENDER DATA SHEET (TDS).................................................................28
SECTION IV- EVALUATION AND QUALIFICATION CRITERIA .......................................32
SECTION V - TENDERING FORMS ..............................................................................54
FORM ELI-1.1- TENDERER INFORMATION FORM ...................................................55
FORM ELI- 1.2- TENDERER JV INFORMATION ........................................................56
FORM ELI - 1.3- QUALIFICATION OF FOREIGN CONTRACTORS..............................57
FORM ELI - 1.4- DECLARATIONS OF MATERIALS, EQUIPMENT AND LABOUR
SOURCES ................................................................................................................59
FORM OF TENDER ..................................................................................................60
FORM CON – 1 HISTORICAL CONTRACT NON-PERFORMANCE, PENDING
LITIGATION AND LITIGATION HISTORY ...................................................................81
FORM CON – 2: DECLARATION FORM – FAIR EMPLOYMENT LAW AND PRACTICES
................................................................................................................................82
FORM CON – 3: CERTIFICATE OF BIDDER’S VISIT TO SITE ....................................83
FORM FIN – 3.1: FINANCIAL SITUATION AND PERFORMANCE ................................84
FORM FIN – 3.2: AVERAGE ANNUAL CONSTRUCTION TURNOVER..........................88
FORM FIN - 3.3: CURRENT CONTRACT COMMITMENTS / WORKS IN PROGRESS ..89
FORM EXP - 4.1: GENERAL CONSTRUCTION EXPERIENCE ....................................90
FORM EXP - 4.2(A): SPECIFIC CONSTRUCTION AND CONTRACT MANAGEMENT
EXPERIENCE ...........................................................................................................91
FORM EXP - 4.2(B): CONSTRUCTION EXPERIENCE IN KEY ACTIVITIES..................93
TECHNICAL PROPOSAL ...........................................................................................95
FORM OF TENDER SECURITY - DEMAND GUARANTEE ........................................129
PART 2 - WORKS' REQUIREMENTS ....................................................................................................... 130
SECTION VI - BILLS OF QUANTITIES ........................................................................131
SECTION VII - SPECIFICATIONS .................................... Error! Bookmark not defined.
SECTION VIII - DRAWINGS ....................................................................................... 174
PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS ...... Error! Bookmark not defined.
SECTION IX CONDITIONS OF CONTRACT, PART I -GENERAL CONDITIONS ...... Error!
Bookmark not defined.
SECTION X CONDITIONS OF CONTRACT, PART II -CONDITIONS OF PARTICULAR
APPLICATION Error! Bookmark not defined.
SECTION XI - CONTRACT FORMS ............................................................................. 267
FORM NO. I - NOTIFICATION OF INTENTION TO AWARD ......................................268
FORM NO. 2 - NOTIFICATION OF AWARD .............................................................. 271
FORM NO. 3 – CONTRACT AGREEMENT................................................................ 272
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FORM NO. 4 - PERFORMANCE SECURITY ............................................................. 273
FORM NO. 6 - ADVANCE PAYMENT SECURITY ...................................................... 275
FORM NO. 7 - RETENTION MONEY SECURITY ...................................................... 277
FORM NO. 8 BENEFICIAL OWNERSHIP DISCLOSURE FORM ................................ 278
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SECTION I INVITATION TO TENDER
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TENDER No. KeNHA/2839/2025
The Kenya National Highways Authority (KeNHA) is a State Corporation established under the Kenya
Roads Act, 2007, with the responsibility for the management, development, rehabilitation and
maintenance of national roads.
The Authority invites bids from eligible construction companies registered with the National
Construction Authority (NCA) in Category 1 or equivalent for foreign contractors (however the
successful tenderer shall register with the NCA before the signing of the contract) for the UPGRADING
TO BITUMEN STANDARDS OF KAKAMEGA AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD to be
funded through the Government of Kenya Development Fund.
SCOPE OF WORK
The scope of works shall be as described in the tender document.
QUALIFICATION FOR TENDERING
Mandatory Requirements
The following MUST be submitted together with the bid;
1. Copy of Certificate of Incorporation or Certificate of Compliance for Foreign Contractors.
2. Copy of Valid Annual Practicing Licence with the National Construction Authority in the class
specified above for Citizen Contractors.
3. Copy of Valid Tax Compliance Certificate
4. Copy of a recent CR12 form (or its equivalent for international firms) issued by the Registrar
of Companies, showing the list of directors and ownership structure. The CR12 form must be
dated not earlier than six (6) months from the bid submission deadline.
5. Bidders must sequentially serialize all pages for each bid document submitted.
6. The tender must be accompanied by a Kenya Shillings Twenty Million Only (Kshs
20,000,000) Tender Security.
Other Requirements
As specified in the tender documents, covering the following: -
5. Eligibility
a. Director (s) bidding under different companies for the same tender shall be
disqualified
b. Director (s) bidding under different companies should not participate in more than
Two (2) tenders
c. Only those bidders registered in the NCA 1 category (as indicated in the tender
document) shall bid as a Single Domestic bidder or its equivalent in case of Foreign
Contractors.
d. Bidders to comply with Section 157 of the Public Procurement and Asset Disposal Act, 2015
(PPADA, 2015) on participation of candidates in preference and reservations
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e. Bidders with history of Non-performance (e.g., failure to complete the projects in the last three
(3) Financial Years, notice of termination or termination of contracts in the last three (3)
Financial Years will be disqualified.
f. For Joint Ventures (JV), evidence of a duly executed Joint Venture Agreement by all parties,
clearly stating obligations and liabilities, must be submitted.
1. Additional Notes
There shall be a mandatory pre-tender site visits as specified in the detailed tender notice as uploaded
onto the KeNHA website.
NOTE:
Every Bidder shall be represented by one Technical Person with a Minimum qualification of a
Bsc/Btech in Civil/Highway Engineering. The Individual SHALL bring along the following in hard
copies:
1. Original ID/Passport and a CERTIFIED Copy
2. CERTIFIED copy of Degree Certificate
3. CERTIFIED Copy of Registration Certificate and proof of current subscription by Engineers
Board of Kenya (EBK) / Institute of Engineers of Kenya (IEK)
4. Original Introductory letter bearing the Company letterhead and an Official Stamp authorizing
them to represent them in the specific pre-tender site visit/Pre-Tender Conference. The letter
shall be duly signed. Photocopies or any other media shall not be accepted.
• The copies of ID/Passport, Academic Certificates, Professional Registration Certificate,
proof of current subscription SHALL be certified by commissioner of oaths or Notaries
public
• All the above documents shall be retained by the Procuring Entity’s and may be verified
later for authenticity.
One (1) person shall only represent one (1) company per Tender.
The detailed tender notice is available in the KeNHA website and Public Procurement Information
Portal (PPIP). Clarifications and Questions may be sent to [email protected] as indicated in
the Tender Notice.
NOTE:
1. Every bidder shall make their own arrangements to familiarize themselves with the site
conditions and the Road and its features.
2. Clarity on Serialization of Tender Documents by Prospective Bidders
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Please note that all pages of the tender documents submitted by bidders shall be sequentially
serialized numerically that is; 1,2,3,4,5…etc. The serialization shall be undertaken by the
bidder, by doing fresh numbering on its documents. The pagination of the tender documents
as downloaded from the KeNHA website should not be used as a means of Serialization. The
bidder’s serialization should follow the same logical sequence from the first page to the end.
Interested eligible candidates may obtain further information and inspect tender documents from the
Kenya National Highways Authority Headquarters, Barabara Plaza as detailed in the detailed Advert,
during normal working hours.
A complete set of tender documents may be obtained by interested tenderers from the Kenya National
Highways Authority website: www.kenha.co.ke or PPIP portal: www.tenders.go.ke free of charge.
Bidders are encouraged to download tender documents to minimise physical visits to KeNHA
Headquarters Office.
Completed tender documents are to be enclosed in plain sealed envelope clearly marked with tender name,
reference number and submitted to: -
The Deputy Director, Supply Chain Management
Kenya National Highways Authority
Barabara Plaza,
Jomo Kenyatta International Airport (JKIA), Nairobi, Off Mazao Road,
Block C - 2nd Floor Board Room
or
deposited in the Tender Box at the reception area, KeNHA - Block C - 2nd Floor Board Room so as to be
received on or before the date and time indicated in the Tender Notice.
All interested bidders are required to continually check the Kenya National Highways Authority website:
www.kenha.co.ke for any tender addendum/addenda or clarifications that may arise before submission
date.
Tenders will be opened immediately thereafter in the presence of Tenderers/Representatives who wish to attend
at the Kenya National Highways Authority Headquarters, Barabara Plaza, Jomo Kenyatta International
Airport (JKIA), Nairobi, Off Mazao Road, Block C - 2nd Floor Board Room.
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PART 1 TENDERING PROCEDURES
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SECTION II - INSTRUCTIONS TO TENDERERS
A. GENERAL PROVISIONS
1. Scope of Tender
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 TDS.
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 Tenderers shall permit and shall cause their agents (where declared or not), subcontractors, sub-
consultants, service providers, suppliers, and their personnel, to permit the Procuring Entity to inspect
all accounts, records and other documents relating to any initial selection process, pre-qualification
process, tender submission, proposal submission, and contract performance (in the case of award), and
to have them audited by auditors appointed by the Procuring Entity.
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. 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.
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
3.8, or an individual 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. 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. 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. 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 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
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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 goods or 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 a
consultant for 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 personal relationship with senior management or professional staff of the
Procuring Entity who has the ability to influence the bidding process and:
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) May 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 incorrupt, coercive, obstructive or fraudulent practice. A tenderer
that is proven to have been involved in 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.
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. A firm that is not a
tenderer or a JV member may participate as a subcontractor in more than one tender.
3.6 A Tenderer may have the nationality of any country, subject to the restrictions pursuant to ITT3.9. A
Tenderer shall be deemed to have the nationality of a country if the Tenderer is constituted,
incorporated or registered in and operates inconformity 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 A 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.
3.8 A Tenderer that is a state-owned enterprise or a public institution in Kenya may be eligible to tender
and be awarded a Contract(s) only if it is determined by the Procuring Entity to meet the following
conditions, i.e. if it is:
i) A legal public entity of 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 Firms and individuals shall be ineligible if their countries of origin are:
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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,
local subcontracts and labor) from citizen 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 for this purpose in “SECTION III-
EVALUATION AND QUALIFICATION CRITERIA, Item 9”.
3.11 Pursuant to the eligibility requirements of ITT4.10, 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 Kenyan citizens. 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 be eligible to tender if it provides evidence of having fulfilled his/her tax
obligations by producing a valid tax compliance or valid tax certificate issued by the Kenya Revenue
Authority.
4.1 Goods, equipment and services to be supplied under the Contract may have their origin in any country
that is not ineligible under ITT3.9. 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
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.
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5.2 The tenderer, at the tenderer's own responsibility and risk, is encouraged to visit and examine and
inspect 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 up on 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 examination and 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.
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 ITT10.
PART 1: Tendering
Procedures Section I:
Instructions to Tenderers
Section II: Tender Data Sheet
(TDS)
Section III: Evaluation and Qualification
Criteria Section IV: Tendering Forms
PART 2: Works'
Requirements Section V:
Bills of Quantities Section
VI: Specifications Section
VII: Drawings
6.2 The Invitation to Tender Notice 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 a pre-
arranged site visit and those of the pre-Tender meeting (if any), or Addenda to the Tender document
in accordance with ITT 10. In case of any contradiction, documents obtained directly from the
Procuring Entity shall prevail.
6.4 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 required by the
Tender document.
7.1 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 if provided for in accordance with ITT 7.2. The Procuring Entity will respond in
writing to any request for clarification, provided that such request is received no later than the period
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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 D documents in accordance with
ITT 7.4, including a description of the inquiry but without identifying its source. If so 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 following the procedure under ITT 8 and ITT
22.2.
7.2 The Tenderer, at the Tenderer's own responsibility and risk, is encouraged to visit and examine and
inspect the site(s) of the required contracts and obtain all information that may be necessary for
preparing a tender. The costs of visiting the Site shall be at the Tenderer’s own expense. The Procuring
Entity shall specify in the TDS if a pre- arranged Site visit and or a pre-tender meeting will be held,
when and where. The Tenderer's designated representative is invited to attend a pre-arranged site visit
and a pre-tender meeting, as the case may be. The purpose of the site visit and the pre-tender meeting
will be to clarify issues and to answer questions on any matter that may be raised at that stage.
7.3 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.
7.4 Minutes of a pre-arranged site visit and those of the pre-tender meeting, 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. Minutes shall not identify the source of the questions asked.
7.5 The Procuring Entity shall also promptly publish anonymized (no names) Minutes of the pre-arranged
site visit and those of the pre-tender meeting at the web page identified in the TDS. Any modification
to the Tender Documents that may become necessary as a result of the pre-arranged site visit and those
of the pre-tender meeting 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. Non-attendance
at the pre-arranged site visit and the pre-tender meeting will not be a cause for disqualification of a
Tenderer.
8. Amendment of Tender Documents
8.1 At any time prior to the deadline for submission of Tenders, the Procuring Entity may amend the
Tender Documents by issuing addenda.
8.2 Any addendum issued shall be part of the Tender Documents and shall be communicated in writing to
all who have obtained the Tender Documents from the Procuring Entity. The Procuring Entity shall
also promptly publish the addendum on the Procuring Entity's website in accordance with ITT 7.5.
8.3 To give Tenderers reasonable time in which to take an addendum into account in preparing their
Tenders, the Procuring Entity should extend the deadline for the submission of Tenders, pursuant to
ITT 22.2.
C. PREPARATION OF TENDERS
9. Cost of Tendering
The Tenderer shall meet 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.
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
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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.
11.2 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 JV Agreement. Change of membership and
conditions of the JV prior to contract signature will render the tender liable for disqualification.
12.1 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. The Tenderer shall chronologically
serialize all pages of the tender documents submitted.
12.2 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.
13. Alternative Tenders
13.1 Unless otherwise specified in the TDS, alternative Tenders shall not be considered.
13.2 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.
13.3 Except as provided under ITT13.4 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.
13.4 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.
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14.1 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.
14.2 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.
14.3 The price to be quoted in the Form of Tender, in accordance with ITT 12, shall be the total price of the
Tender, including any discounts offered.
14.4 The Tenderer shall quote any discounts and the methodology for their application in the Form of
Tender, in accordance with ITT 12
14.5 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, excepting 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.
14.6 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 14.4, provided the Tenders
for all lots (contracts) are opened at the same time.
14.7 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.
15.1 The currency (ies) of the Tender and the currency (ies) of payments shall be the same.
15.2 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) A Tenderer expecting to incur expenditures in other currencies for inputs to the Works supplied
from outside Kenya (referred to as “the foreign currency requirements”) shall (if so allowed in
the TDS) indicate in the Appendix to Tender the percentage(s) of the Tender Price (excluding
Provisional Sums), needed by the Tenderer for the payment of such foreign currency
requirements, limited to no more than two foreign currencies.
b) The rates of exchange to be used by the Tenderer in arriving at the local currency equivalent and
the percentage(s) mentioned in (a) above shall be specified by the Tenderer in the Appendix to
Tender and shall be based on the exchange rate provided by the Central Bank of Kenya on the date
30 days prior to the actual date of tender opening. Such exchange rate shall apply for all foreign
payments under the Contract.
15.3 Tenderers may be required by the Procuring Entity to justify, to the Procuring Entity's satisfaction,
their local and foreign currency requirements, and to substantiate that the amounts included in the unit
rates and prices and shown in the Schedule of Adjustment Data in the Appendix to Tender are
reasonable, in which case a detailed breakdown of the foreign currency requirements shall be provided
by Tenderers.
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16. Documents Comprising the Technical Proposal
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, insufficient
detail to demonstrate the adequacy of the Tenderer's proposal to meet the work's requirements and the
completion time.
18.1. 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 22). A Tender valid for a shorter period shall be rejected by the
Procuring Entity as non-responsive.
18.2 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 19, 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 their quest shall not be
required or permitted to modify its Tender.
19.1 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.
19.2 If a Tender Security is specified pursuant to ITT19.1, the Tender Security shall be a demand guarantee
in any of the following forms at the Tenderer's option:
i) cash;
ii) a bank guarantee;
iii) a guarantee by an insurance company registered and licensed by the Insurance Regulatory
Authority listed by the Authority; or
iv) a guarantee issued by a financial institution approved and licensed by the Central Bank of
Kenya, from a reputable source, and an eligible country.
19.3 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 18.2.
19.4 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.
19.5 If a Tender Security is specified pursuant to ITT 19.1, 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 non-responsive or a bidder declines to extend
tender validity period.
19.6 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.
19.7 The Tender Security may be forfeited or the Tender-Securing Declaration executed:
a) if a Tenderer withdraws its Tender during the period of Tender validity specified by the
Tenderer on the Form of Tender, or any extension there to provided by the Tenderer; or
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b) if the successful Tenderer fails to:
i) sign the Contract in accordance with ITT 47; or
ii) furnish a Performance Security and if required in the TDS, and any other documents required in
the TDS.
19.8 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.
19.9 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.
20.1 The Tenderer shall prepare one original of the documents comprising the Tender as described in ITT
11 and clearly mark it “ORIGINAL.” Alternative Tenders, if permitted in accordance with ITT 13,
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.
20.2 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.
20.3 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 bye ach 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.
20.4 In case the Tenderer is a JV, the Tender shall be signed by an authorized representative of the JV on
behalf of the JV, and so as to be legally binding on all the members as evidenced by a power of
attorney signed by their legally authorized representatives.
20.5 Any inter-lineation, erasures, or overwriting shall be valid only if they are signed or initialed by the
person signing the Tender.
21.1 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 describedinITT11; 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 13, and if relevant:
i) in an envelope or package or container marked “ORIGINAL - ALTERNATIVE
TENDER”, the alternative Tender; and
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ii) in the envelope or package or container marked “COPIES-ALTERNATIVETENDER”, 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.
21.2 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 were
misplaced or opened prematurely will not be accepted.
22.1 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.
22.2 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.
The Procuring Entity shall not consider any Tender that arrives after the deadline for submission of
tenders, in accordance with ITT 22. 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.
24.1 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 20.3, (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 20 and ITT 21 (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 22.
24.2 Tenders requested to be withdrawn in accordance with ITT 24.1 shall be returned unopened to the
Tenderers.
24.3 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.
25.1 Except in the cases specified in ITT 23 and ITT 24.2, 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 and anyone who chooses to attend. Any specific
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electronic Tender opening procedures required if electronic Tendering is permitted in accordance
with ITT 22.1, shall be as specified in the TDS.
25.2 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 attender opening.
25.3 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.
25.4 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.
25.5 Next, all remaining envelopes shall be opened on eata 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 Entity may consider
appropriate.
25.6 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 Bill of Quantities (to be
decided on by the tender opening committee) are to be initialed by the members of the tender opening
committee attending the opening.
25.7 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 23.1).
25.8 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.
25.9 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 tender opening register shall be issued to a tenderer upon request.
26. Confidentiality
26.1 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
43.
26.2 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.
26.3 Notwithstanding ITT 26.2, 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.
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27. Clarification of Tenders
27.1 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 31.
27.2 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.
29.1 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 11.
29.2 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.
29.3 The Procuring Entity shall examine the technical aspects of the tender submitted in accordance with
ITT 16, to confirm that all requirements of Section VII, Works' Requirements have been met without
any material deviation, reservation or omission.
29.4 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.
30.1 Provided that a tender is substantially responsive, the Procuring Entity may waive any non-
conformities in the tender.
30.2 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 of time, 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
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tender.
30.3 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.
31.1 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 anyway by any person or entity.
31.2 Provided that the Tender is substantially responsive, the Procuring Entity shall handle errors on the
following basis:
a) Any error detected if considered a major deviation that affects the substance of the tender,
shall lead to disqualification of the tender as non-responsive.
b) Any errors in the submitted tender arising from a miscalculation of unit price, quantity, sub total
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
31.3 Tenderers shall be notified of any error detected in their bid during the notification of award.
32. Conversion to Single Currency
For evaluation and comparison purposes, the currency (ies) of the Tender shall be converted into a
single currency as specified in the TDS.
33.1 A margin of preference may be allowed only when the contract is open to international competitive
tendering where foreign contractors are expected to participate in the tendering process and where
the contract exceeds the value/threshold specified in the Regulations.
33.2 A margin of preference shall not be allowed unless it is specified so in the TDS.
33.3 Contracts procured on basis of international competitive tendering shall not be subject to reservations
exclusive to specific groups as provided in ITT 33.4.
33.4 Where it is intended to reserve a contract to a specific group of businesses (these groups are Small
and Medium Enterprises, Women Enterprises, Youth Enterprises and Enterprises of persons living
with disability, as the case may be), and 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 or firms belonging to the specified group are eligible to tender. No
tender shall be reserved to more than one group. If not so stated in the Invitation to Tender and in the
Tender documents, the invitation to tender will be open to all interested tenderers.
34.1 Unless otherwise stated in the TDS, the Procuring Entity does not intend to execute any specific
elements of the Works by subcontractors selected/nominated by the Procuring Entity. Incase the
Procuring Entity nominates a subcontractor, the subcontract agreement shall be signed by the
Subcontractor and the Procuring Entity. The main contract shall specify the working arrangements
between the main contractor and the nominated subcontractor.
34.2 Tenderers may propose subcontracting upto 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
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for their parts of the Works.
34.3 Domestic 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 so 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.
35.1 The Procuring Entity shall use the criteria and methodologies listed in this ITT and Section III,
Evaluation and Qualification Criteria. No other evaluation criteria or methodologies shall be
permitted. By applying the criteria and methodologies the Procuring Entity shall determine the
Lowest Evaluated Tender in accordance with ITT 40.
35.2 To evaluate a Tender, the Procuring Entity shall consider the following:
a) Price adjustment in accordance with ITT 31.1(iii); excluding provisional sums and
contingencies, if any, but including Day work items, where priced competitively;
b) Price adjustment due to discounts offered in accordance with ITT 14.4;
c) converting the amount resulting from applying (a) and (b) above, if relevant, to a single
currency in accordance with ITT 32;
d) price adjustment due to quantifiable non-material non-conformities in accordance with ITT 30.3;
and
e) any additional evaluation factors specified in the TDS and Section III, Evaluation and
Qualification Criteria.
35.3 The estimated effect of the price adjustment provisions of the Conditions of Contract, applied over
the period of execution of the Contract, shall not be considered intender evaluation.
35.4 Where the tender involves multiple lots or contracts, the tenderer will be allowed to tender for one or
more lots (contracts). Each lot or contract will be evaluated in accordance with ITT 35.2. The
methodology to determine the lowest evaluated tenderer or tenderers based one lot (contract) or based
on a combination of lots (contracts), will be specified in Section III, Evaluation and Qualification
Criteria. In the case of multiple lots or contracts, tenderer will be will be required to prepare the
Eligibility and Qualification Criteria Form for each Lot.
The Procuring Entity shall compare the evaluated costs of all substantially responsive Tenders
established in accordance with ITT 35.2 to determine the Tender that has the lowest evaluated cost.
37.1 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.
37.2 In the event of identification of a potentially Abnormally Low Tender, the Procuring Entity shall seek
written clarifications from the Tenderer, including detailed price analyses of its Tender price in
relation to the subject matter of the contract, scope, proposed methodology, schedule, allocation of
risks and responsibilities and any other requirements of the Tender document.
37.3 After evaluation of the price analyses, in the event that the Procuring Entity determines that the
Tenderer has failed to demonstrate its capability to perform the Contract for the offered Tender Price,
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the Procuring Entity shall reject the Tender.
37.4 An abnormally high tender 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.
37.5 In case of an abnormally high price, the Procuring Entity shall make a survey of the market prices,
check if the estimated cost of the contract is correct and review the Tender Documents to check if 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.
37.6 If the Procuring Entity determines that the Tender Price is abnormally too high because genuine
competition between tenderers is compromised (often due to collusion, corruption or other
manipulations), the Procuring Entity shall reject all Tenders and shall institute or cause competent
Government Agencies to institute an investigation on the cause of the compromise, before
retendering.
38.1 If in the Procuring Entity's opinion, the Tender that is evaluated as the lowest evaluated price is
seriously unbalanced and/or front loaded, the Procuring Entity may require the Tenderer to provide
written clarifications. Clarifications may include detailed price analyses to demonstrate the
consistency of the tender prices with the scope of works, proposed methodology, schedule and any
other requirements of the Tender document.
38.2 After the evaluation of the information and detailed price analyses presented by the Tenderer, the
Procuring Entity may as appropriate:
a) accept the Tender; or
b) require that the total amount of the Performance Security be increased at the expense of the
Tenderer to a level not exceeding a 10% of the Contract Price; or
c) agree on a payment mode that eliminates the inherent risk of the Procuring Entity paying too
much for undelivered works; or
d) reject the Tender,
39.1 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.
39.2 The determination shall be based upon an examination of the documentary evidence of the Tenderer's
qualifications submitted by the Tenderer, pursuant to ITT 17. 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),
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or any other firm(s) different from the Tenderer.
39.3 An affirmative determination shall be a prerequisite for award of the Contract to the Tenderer. A
negative determination shall result in disqualification of the Tender, in which event the Procuring
Entity shall proceed to the Tenderer who offers a substantially responsive Tender with the next lowest
evaluated price to make a similar determination of that Tenderer's qualifications to perform
satisfactorily.
Having compared the evaluated prices of Tenders, the Procuring Entity shall determine the Lowest
Evaluated Tender. The Lowest Evaluated Tender is the Tender of the Tenderer that meets the
Qualification Criteria and whose Tender has been determined to be:
a) Most responsive to the Tender document; and
b) The lowest evaluated price.
41. Procuring Entity's Right to Accept Any Tender, and to Reject Any or All Tenders.
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 there by incurring any liability to
Tenderers. In case of annulment, all Tenders submitted and specifically, Tender securities, shall be
promptly returned to the Tenderers.
F. AWARD OF CONTRACT
The Procuring Entity shall award the Contract to the successful tenderer whose tender has been
determined to be the Lowest Evaluated Tender.
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 stand still period;
42.1 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.
42.2 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.
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45.1 On receipt of the Procuring Entity's Notification of Intention to Enter into a Contract referred to in
ITT 43, an unsuccessful tenderer may make a concern(s) regarding their tender. The Procuring Entity
shall provide the debriefing within five days of receipt of the request.
45.2 Debriefings of unsuccessful Tenderers may be done in writing or verbally. The Tenderer shall bear
its own costs of attending such a debriefing meeting.
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 21 days of the date of the letter.
47.1 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.
47.2 Within fourteen (14) days of receipt of the Contract Agreement, the successful Tenderer shall sign,
date, and return it to the Procuring Entity.
47.3 The written contract shall be entered into within the period specified in the notification of award and
before expiry of the tender validity period.
48.1 Within twenty-one (21) days of the receipt of the Letter of Award 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 38.2 (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.
48.2 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.
48.3 Performance security shall not be required for contract estimated to cost less than the amount
specified in the Regulations.
Within fourteen days after signing the contract, the Procuring Entity shall publish the awarded
contract at its notice boards and websites; and on the Website of the Authority. At the minimum, the
notice shall contain the following information:
a) name and address of the Procuring Entity;
b) name and reference number of the contract being awarded, a summary of its scope and the
selection method used;
c) the name of the successful Tenderer, the final total contract price, the contract duration.
d) dates of signature, commencement and completion of contract;
e) names of all Tenderers that submitted Tenders, and their Tender prices as read out at Tender
opening.
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50. Procurement Related Complaint
The procedures for making Procurement-related Complaints shall be specified in the TDS.
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SECTION III - TENDER DATA SHEET (TDS)
The following specific data for the Works and Services to be procured 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.
A. General
The firms that provided consultancy services for the contract being tendered for are:
NONE
ITT 7.1
i) The Tenderer will submit any request for clarification in writing at the Address
Provided in the detailed Tender Notice
To reach the Procuring Entity not later than 7 days before bid submission
deadline
as indicated in the Tender Notice
ii) The Procuring Entity will publish the response at the Website www.kenha.co.ke
ITT 7.5 The Procuring Entity's website where Minutes of the pre-Tender meeting and
the pre- arranged pretender will be published is www.kenha.co.ke
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C. Preparation of Tenders
ITP 11.1(h) The Tenderer shall submit the following additional documents in its Tender: As
indicated in the Qualification Form/Criteria
ITT 13.4 Alternative technical solutions shall be permitted for the following parts of the
Works: None
ITT 14.5 The prices quoted by the Tenderer shall be: fixed
ITT 18.1 The Tender validity period shall be 175 days from the specified date of
opening as indicated in the invitation to Tender
ITT 18.2 a) The Number of days beyond the expiry of the initial tender validity period will
be 30 days.
(b) The Tender price shall be adjusted by the following percentages of the tender
price:
(i) By 0 % of the local currency portion of the Contract price adjusted to
reflect local inflation during the period of extension,
and
(ii) By 0 % the foreign currency portion of the Contract price adjusted to
reflect the international inflation during the period of extension.
ITT 19.1 A Bid Security IS required.
The amount and currency of the bid security shall be Twenty Million Kenya Shillings
(KShs. 20,000,000.00).
The Bid Security shall be an unconditional demand guarantee issued by a bank.
19.2 (h) The other security is Not Applicable
ITT 19.5 Other documents required are as specified in Form No. 3; Contract Agreement
ITT 19.9 The Procuring Entity will declare the Tenderer ineligible to be awarded contracts by
the Procuring Entity for a period of two (2) years.
ITT 20.1 In addition to the original of the Tender, the number of copies is: One (1)
ITT 20.3 The written confirmation of authorization to sign on behalf of the Tenderer shall
consist of: Certificate of Independent Tender Determination Part B of Form of
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Tender
ITT 25.1 If Tenderers are allowed to submit Tenders electronically, they shall follow the
electronic tender submission procedures specified below
Not Applicable
ITT 25.6 The Form of Tender and the summary page of the Bills of Quantities shall be initialed
by representatives of the Procuring Entity (Tender Opening Committee) attending
Tender opening.
E. Evaluation, and Comparison of Tenders
ITT 30.3 The adjustment shall be based on the average 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 Lowest estimate.
ITT 31.2 The error shall be considered a major deviation that leads to disqualification of
the tender if the percentage of the error (error over the tender price quoted) is:
more than 0% or less than 0%.
ITT 32.1 The currency that shall be used for Tender evaluation and comparison
purposes is-: Kenya Shillings
ITT 33.4
The invitation to tender is extended to the following groups that qualify
for reservations- ALL
ITT 34.1
At this time, the Procuring Entity does not intend to execute certain specific
parts of the Works by subcontractors selected in advance.
ITT 34.2
Contractor's may propose subcontracting: Maximum percentage of
subcontracting permitted is: 40% of the total contract amount.
Tenderers planning to subcontract more than 10% of total volume of work
shall specify, in the Form of Tender, the activity (ies) or parts of the Works to
be subcontracted along with complete details of the subcontractors and their
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qualification and experience.
ITT 34.3
The parts of the Works for which the Procuring Entity permits Tenderers to
propose Specialized Subcontractors are designated as follows:
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. N/A
ITT 35.2 Additional requirements apply. These are detailed in the evaluation criteria
(d) in Section III, Evaluation and Qualification Criteria.
ITT 37 Abnormally High/low Tenders shall be treated as per the procedure outlined in
Section IV, Evaluation and Qualification Criteria
ITT 38 Unbalanced or Front-loaded Tenders shall be treated as per the procedure
outlined in Section IV, Evaluation and Qualification Criteria
ITT 48.2
Additional requirements are: As detailed in the Qualification Criteria/Form
ITT 49.1 The procedures for making a Procurement-related Complaint are available from
the PPRA website [email protected] or complaints @ppra.go.ke. 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: Director General
Procuring Entity: Kenya National Highways Authority (KeNHA)
Email address: [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.
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SECTION IV- EVALUATION AND QUALIFICATION CRITERIA
General Provisions
1 General Provisions
1.1 This section contains the criteria that the Employer shall use to evaluate tender and qualify tenderers.
No other factors, methods or criteria shall be used other than specified in this tender document. The
Tenderer shall provide all the information requested in the forms included in Section IV, Tendering
Forms. The Procuring Entity shall use the Standard Tender Evaluation Document for Goods and
Works for evaluating Tenders.
1.2 Wherever a Tenderer is required to state a monetary amount, Tenderers should indicate the Kenya
Shilling equivalent using the rate of exchange determined as follows:
a) For construction turnover or financial data required for each year - Exchange rate prevailing on
the last day of the respective calendar year (in which the amounts for that year is to be converted)
was originally established.
b) Value of single contract - Exchange rate prevailing on the date of the contract signature.
c) Exchange rates shall be taken from the publicly available source identified in the ITT 14.3.
Any error in determining the exchange rates in the Tender may be corrected by the Procuring
Entity.
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.
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• The Tenderer shall have executed at least two (2) contracts of a similar nature, each with
a minimum value of Kshs 2,000,000,000.00, within the last five (5) years. At least one (1)
contract shall have been satisfactorily and substantially completed (Eighty Per cent) as a
prime contractor or joint venture member within Kenya or the East African Community.
NB:
i. A bidder with any ongoing Contracts with the Authority, with work progress at 30%
or less shall not eligible for bidding.
ii. To enhance equality, bidders shall bid for a maximum of two (2 No.) tenders but
can only be awarded a maximum of one (1 No.)
iii. The total value of outstanding works on the on-going contracts should not exceed
the average annual turnover for the last five years.
• The Tenderer shall possess the necessary equipment listed in the table “Contractor's
Equipment” below, including but not limited to [specify requirements].
• The Tenderer shall comply with any additional conditions specified in the tender
documents, including environmental, safety, and quality standards.
Tenderers who score less than the required pass will be automatically disqualified. Tenderers who pass the
technical evaluation will be evaluated further.
……………N/A……………
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2. Alternative Technical Solutions for specified parts of the Works, if permitted under ITT 13.4,
will be evaluated as follows: …………………N/A………………………
3. Other Criteria; if permitted under ITT 35.2(d): …………………N/A………..................
4. Multiple Contracts
Delete in its entirety
The Procuring Entity shall consider Tenders offered for alternatives as specified in Part2-Works
Requirements. Only the technical alternatives, if any, of the Tenderer with the Best Evaluated Tender
conforming to the basic technical requirements shall be considered by the Procuring
6. Margin of Preference
6.1.If the TDS so specifies, the Procuring Entity will grant a margin of preference of fifteen percent (15%)
to be loaded one valuated price of the foreign tenderers, where the percentage of shareholding of Kenyan
citizens is less than fifty-one percent (51%).
6.2.Contractors applying for such preference shall be asked to provide, as part of the data for qualification,
such information, including details of ownership, as shall be required to determine whether, according to
the classification established by the Procuring Entity, a particular contract or or group of contractors
qualifies for a margin of preference.
6.3.After Tenders have been received and reviewed by the Procuring Entity, responsive Tenders shall be
assessed to ascertain their percentage of shareholding of Kenyan citizens. Responsive tenders to shall be
classified into the following groups:
i) Group A: tenders offered by Kenyan Contractors and other Tenderers where Kenyan citizens
hold shares of over fifty one percent (51%).
ii) Group B: tenders offered by foreign Contractors and other Tenderers where Kenyan citizens
hold shares of less than fifty one percent (51%).
6.4 All evaluated tenders in each group shall, as a first evaluation step, be compared to determine the
lowest tender, and the lowest evaluated tender in each group shall be further compared with each other.
If, as a result of this comparison, a tender from Group A is the lowest, it shall be selected for the
award. If a tender from Group B is the lowest, an amount equal to the percentage indicated in Item 3.1
of the respective tender price, including unconditional discounts and excluding provisional sums and
the cost of day works, if any, shall be added to the evaluated price offered in each tender from Group
B. All tenders shall then be compared using new prices with added prices to Group Band the lowest
evaluated tender from Group A. If the tender from Group A is still the lowest tender, it shall be
selected for award. If not, the lowest evaluated tender from Group B based on the first evaluation price
shall be selected.
7. Post qualification and Contract award (ITT 39), more specifically,
a) In case the tender was subject to post-qualification, the contract shall be awarded to the lowest
evaluated tenderer, subject to confirmation of pre-qualification data, if so required.
b) In case the tender was not subject to post-qualification, the tender that has been determined to
be the lowest evaluated tenderer shall be considered for contract award, subject to meeting each
of the following conditions.
i) The Tenderer shall demonstrate that it has access to, or has available, liquid assets,
unencumbered real assets, lines of credit, and other financial means (independent of any
contractual advance payment) sufficient to meet the construction cash flow of Kenya
Shillings .
ii) Minimum average annual construction turnover of Kenya Shillings 1,500,000000,
equivalent calculated as total certified payments received for contracts in progress and/or
completed within the last 5 years.
iii) At least2 of contract(s) of a similar nature executed within Kenya, or the East African
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Community or abroad, that have been satisfactorily and substantially completed as a prime
contractor, or joint venture member or sub-contractor each of minimum value Kenya
shillings 2,000,000,000.
iv) Contractor's Representative and Key Personnel, which are specified in the qualification
criteria
v) Contractors key equipment listed on the table “Contractor's Equipment” below and more
specifically listed as specified in the qualification criteria
vi) Other conditions depending on their seriousness.
d) Pending Litigation
Financial position and prospective long-term profitability of the Single Tenderer, and in the case
the Tenderer is a JV, of each member of the JV, shall remain sound according to criteria
established with respect to Financial Capability under Paragraph (i) above if all pending
litigation will be resolved against the Tenderer. Tenderer shall provide information on pending
litigations in the appropriate form.
e) Litigation History
There shall be no consistent history of court/arbitral award decisions against the Tenderer, in the
last 5 years. All parties to the contract shall furnish the information in the appropriate form about
any litigation or arbitration resulting from contracts completed or ongoing under its execution
over the years specified. A consistent history of awards against the Tenderer or any member of a
JV may result in rejection of the tender.
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SECTION IV: EVALUATION AND QUALIFICATION CRITERIA CONTD…
This Section contains all the factors, methods and criteria that the Employer shall use to evaluate applications.
The information to be provided in relation to each factor and the definitions of the corresponding terms are
included in the respective Application Forms.
1. Eligibility Requirements
2. Historical Contract Non-Performance
3. Financial Situation
4. Technical/Engineering Works Experience
5. Program of Works and Work Methodology
6. Key Professional and Technical Site Staff
7. Major Plant and Equipment to be used in the Project
Page 36 of 292
QUALIFICATION FORM
Page 37 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
No consistent history of court/arbitral award
9. Litigation History decisions against the Tenderer for the last Form CON - 1
three (3) years.
Bidders shall declare they are not guilty
Declaration of Fair of any serious violation of fair
10. employment laws and employment laws and practices and will Form CON - 2
practices be bound to abide by the industry CBA at
minimum
• Attend Pre-Tender Site Visits as per TDS, ITT
7.1
• Bidders to sign attendance register
Declaration of • Certificate must be signed by the Employer’s
11. Knowledge of Site representative Form CON - 3
/Pre-Bid Conference
• Bidders to send Technical Persons for the Site
Visit – Min Qualifications – Diploma in Civil
Engineering
a) Form in the Prescribed Format
12. Tender Security Tender Security document b) Digital Tender Securities will be
accepted
- Fill all rates, and amounts,
- NO Alterations of the Quantities accepted,
Priced Bill of - All bidders own Corrections must be Bills of Quantity in the Prescribed
13.
Quantities Countersigned Format
- NO Errors noted in the Bills of Quantities
Annual Practicing
Proof of registration with the National
License with the Copy of Current NCA Practicing
14. Construction Authority in Category-
National Construction License
NCA 1 Roads/Bridges Contractor.
Authority
Page 38 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
• Line of Credit
• Bank statements
Etc.
Page 42 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
(Max 5marks)
Relevant 15 years and above 3
experience
7-14years 1.5
Less than 7yrs 0
2. Material
vii. Engineer & Registration Registered Engineer 2
Structural/ Bridge
Engineer (Max 4 Qualification Degree 1
marks) Relevant 10 years and above 1
Each personnel above experience
6-9years 0.5
earn Max. 2marks
Less than 6yrs 0
Page 43 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
Foreman (Max Qualification HND 1
2marks)
Diploma 0.8
Relevant 15 years and above 1.0
experience
7-14years 0.5
3-6 years 0.25
Less than 3 years 0
Page 44 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
Main Scope of Main Equipment Quantity Marks No. of
Works of Equipment
Tender (No) (Score) to be made
(Minimum) No. of No. of available
Equipment Equipment to be for the
Owned by hired/ Contract by
the Bidder the Bidder
purchased by
the Bidder
Earthworks a) General Plant
Concrete Primary/Secondary
works Crusher Unit/Power
Screen Min capacity – 1
Bituminous 90t/hr.
works (AC &
Surface Concrete batching plant 1 3 1.5
Dressing) Min Cap 20 m3/hr
9.
Asphalt Concrete 1
batching plant.
b) Bituminous Plants
Bitumen Pressure 2
distributor
2 1
Asphalt concrete paver 1
c) Compactors
Vibrating compaction 2
plate 300 mm wide
1.5 0.5
Vibrating compaction 1
plate 600 mm wide
Page 45 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
d) Mobile Compressors
Single tool (1.8 m3/min) 1
Two tool (2.8 – 7.3 2
m3/min)
Four tool (11.3 – 25.3 1
1.5 1.0
m3/min)
Medium rock drill (1.5 1
m3/min)
Heavy rock drill (2.4 1
m3/min
e) Concrete Equipment
Mobile concrete mixers 3
Truck mounted mixers 1 5 2
Concrete vibrators 5
f) Transport (Tippers, dumpers, water tankers)
4X2 tippers payload 7 – 20
12 tonnes
6X4 tippers payload 16 – 2
20 tonnes
8X4 tippers payload 16 – 1
20 tonnes
Articulated trailers 2 12.5 5
Dump trucks 10
Flatbed lorries 2
Page 46 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
Water tankers (18,000 – 5
20,000 lts. capacity)
g) Diesel Generators
Diesel generators (15 – 3 1.5 0.5
200Kva)
h) Excavators
Hydraulic crawler 1
mounted (7 – 10 tonnes)
– 0.25 – 0.4 m3 SAE
bucket.
Hydraulic crawler 3
mounted (10 – 16
tonnes) – 0.40 – 0.60 m3
SAE bucket.
Hydraulic wheel 3
mounted (7 – 10 tonnes)
– 0.25 – 0.4 m3 SAE
bucket.
Hydraulic wheel 1
mounted (10 – 16 8 3.5
tonnes) – 0.40 – 0.6 m3
SAE bucket.
Hydraulic wheel 1
mounted backloader (7 –
10 tonnes) – 0.25 – 0.4
m3 SAE bucket.
i) Rollers
Page 47 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
Self-propelled single 3
drum vibrating (various
types)
Pneumatic rubber tyre 2 5 1
(1-2 tonnes/wheel)
Sheep’s foot roller 2
Double drum vibrating 2
roller
pedestrian rollers 2
Pulvymixer 2
Motor graders 6
Total 40 16
Page 49 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
9. Procurement
Management
10. Human Resource
Management
Stakeholder Management
b) Work plan/Program of 4marks
Works (PoW)
• PoW Resourced with
Equipment-Min. allocation
pursuant to the Schedule E of
Technical Proposal - – To be
submitted in A3 Size Paper
well legible Fonts
2 Marks
• PoW is superimposed with
Cashflow Projections as
detailed in Schedule A of the
technical proposal
Page 50 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
The Procuring Entity may undertake an analysis of bidders’ rates which are potentially lower/higher than the known prevailing market rates. The bidders shall
be required to provide objective justification including supporting documents on derivation of their rates within stipulated time to the Procuring Entity (See
Schedule G, Part I&II on Derivation of Rates).
In addressing the above criteria, the following steps shall be undertaken by the Procuring Entity;
a. Identify: The Procuring Entity identifies a potential Abnormally Low/High Bid based on comparison with known prevailing market rates or with the
project’s total cost estimate.
b. Evaluate: The Procuring Entity fully analyses the Bidder’s justification provided on Schedule G to verify if it is Abnormally Low/High Bid. Due diligence
may be carried out by the Procuring Entity on the bidder’s documentation.
Page 51 of 292
Document To be For Procuring Entity's
Item
Qualification Subject Qualification Requirement Completed/provided by Use (Qualification met
No.
Tenderer or Not Met)
c. Determination: The Procuring Entity fully documents the decision to accept or reject the Bid and executes appropriate action(s)/recommendation(s)
including but not limited to enhancement of the performance Security.
In view of the above, the procuring Entity shall evaluate and analyze the Bidders’ submissions against the known prevailing market rates and cost estimation
guidelines. The analysis of the bidder’s justification shall take into account all evidence provided.
Accordingly, the Procuring Entity’s relevant committee shall make a recommendation to the Accounting Officer.
D. POST QUALIFICATION: The procuring entity may verify the documents provided by the bidder with the issuing authority.
Page 52 of 292
APPENDIX TO THE QUALIFICATION CRITERIA
POINT SCORE
ITEM DESCRIPTION
SCALE
HISTORY OF NON-PERFORMANCE Max 5
1
History of Non-Performance 0 -5
FINANCIAL CAPACITY Max 15
Audited Statements 0-3
2 Computation of Financial Ratios 0-4
Working capital to be at least 10% of the Bid Price 0-5
Turnover 0-3
EXPERIENCE Max 15
General Experience 0-3
3
Specific experience in related works 0-10
Workload Analysis 0-2
4 KEY PERSONNEL Max 15
PLANT AND EQUIPMENT Max 20
5 Relevant Equipment (As Owned (Max 20marks) 0-20
Detailed in Schedule D) 100% Leased (Max 8 marks) 0-8
6 PROGRAM OF WORKS AND WORK METHODOLOGY Max 30
Provided a detailed Work Methodology 0-3
Work Provided a Methodology on safety during the
6a 0-2
Methodology construction period
Provided a specific Quality management plan 0-2
PoW Resourced with Equipment-Min. allocation
pursuant to the Schedule E of Technical Proposal - – To 0-4
be submitted in A3 Size Paper well legible Fonts
Program of PoW captures Monthly outputs for each activity 0-2
6b
Works
PoW details BoQ Quantities, Units and Rates 0-2
PoW is superimposed with Cash flow Projections as
0-2
detailed in Schedule A of the technical proposal
Organization and staffing (Schedule B of Technical proposal)
7 0-3
Equivalent of Site Base facilities
8 Environmental and social impact requirements 5
9 Participation by Kenyan Citizens among proposed key experts 5
TOTAL MAX 100
Page 53 of 292
SECTION V - TENDERING FORMS
Page 54 of 292
TENDERER’S QUALIFICATION FORMS
FORM ELI-1.1- TENDERER INFORMATION FORM
Form ELI-1.1
Tenderer Information Form
Date:
Tender No.
Tender title:
I. Certificate of Incorporation and CR12 of the legal entity named above, in accordance with ITT 3.6.
In case of a JV, Form of intent to form JV or JV agreement, in accordance with ITT 3.6.
In case of a state-owned enterprise or institution, in accordance with ITT 3.8. documents establishing:
• Legal and financial autonomy
• Operation under commercial law
• Establishing that tenderer is not under the supervision of the Procuring Entity,
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership (Applicable).
Page 55 of 292
FORM ELI- 1.2- TENDERER JV INFORMATION
Date:
Tender No.
Tender title:
Tenderer’s JV name:
JV member’s name:
Name: ________________________________
Address: _______________________________
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FORM ELI - 1.3- QUALIFICATION OF FOREIGN CONTRACTORS
Pursuant to ITT 3.10, a foreign tenderer must complete this form to demonstrate that the tender fulfils this condition
(the 40% Rule).
Describe location of COST in K.
ITEM Description of Work Item Comments, if any
source shillings
A Local Labour
C Local materials
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TOTAL COST LOCAL CONTENT xx
PERCENTAGE OF CONTRACT PRICE xx
Page 58 of 292
FORM ELI - 1.4- DECLARATIONS OF MATERIALS, EQUIPMENT AND LABOUR SOURCES
Pursuant to ITT 5.1, tenderers must complete this form to demonstrate that the tender fulfils this condition
Describe location of
ITEM Description of Work Item Comments, if any
source
A Materials
10/14mm precoated Chippings
Asphalt Concrete
Cement
Coarse aggregates
Gravel
Paver
Tipper
Pneumatic Roller
Concrete Mixer
C Labour
Skilled
Unskilled
6
TOTAL COST LOCAL CONTENT
PERCENTAGE OF CONTRACT PRICE
Page 59 of 292
FORM OF TENDER
INSTRUCTIONS TO TENDERERS
(i) The Tenderer must prepare this Form of Tender on stationery with its letterhead clearly showing the
Tenderer's complete name and business address.
(iii) Tenderer must complete and sign and TENDERER'S ELIGIBILITY- CONFIDENTIAL BUSINESS
QUESTIONNAIRE, CERTIFICATE OF INDEPENDENT TENDER DETERMINATION and the SELF
DECLARATION OF THE TENDERER, all attached to this Form of Tender.
i) The Form of Tender shall include the following Forms duly completed and signed by the Tenderer.
FORM OF TENDER
Date of this Tender submission: [insert date (as day, month and year) of Tender
submission]
To:
a) No reservations: We have examined and have no reservations to the tendering document, including Addenda
issued in accordance with Instructions to Tenderers (ITT) ;
b) Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance with ITT4;
c) Tender-Securing Declaration: We have not been suspended nor declared ineligible by the Procuring Entity
based on execution of a Tender-Securing Declaration or Proposal-Securing Declaration in Kenya in
accordance with ITT 3.9.
d) Conformity: We offer to execute in conformity with the tendering document and in accordance with the
construction or service schedule the following Works:
[Tender Number and Name]
e) Tender Price: The total price of our Tender is [name of currency] (amount in figures and words).
Page 60 of 292
f) Combined Price: We hereby confirm that our combined price for Rehabilitation Works and Improvement
Works does not exceed the threshold given in the TDS ITT 37.5, which is [NOT APPLICABLE].
g) Tender Validity Period: Our Tender shall be valid for a period specified in TDS 18.1 (or as amended if
applicable) from the date fixed for the Tender submission deadline specified in TDS 22.1 (or as amended if
applicable), and it shall remain binding upon us and may be accepted at any time before the expiration of that
period;
h) Performance Security: If our Tender is accepted, we commit to obtain a Performance Security in accordance
with the tendering document;
i) One Tender per Tenderer: We are not submitting any other Tender (s) as an individual Tenderer, and we are
not participating in any other Tender(s) as a Joint Venture member or as a subcontractor, and meet the
requirements of ITT 4.4, other than alternative Tenders submitted in accordance with ITT 13;
a) Suspension and Debarment: We, along with any of our subcontractors, suppliers, consultants,
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
Procuring Entity. Further, we are not ineligible under Kenya laws or official regulations or pursuant to
a decision of the United Nations Security Council;
b) 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];
c) Commissions, gratuities and fees: We have paid, or will pay the following commissions, gratuities, or
fees with respect to the Tendering process or execution of the Contract: [insert complete name of each
Recipient, its full address, the reason for which each commission or gratuity was paid and the amount
and currency of each such commission or gratuity].
r) We undertake to adhere by the Code of Ethics for Persons Participating in Public Procurement and Asset
Disposal, copy available from www.ppra.go.ke during the procurement process and the execution of any
resulting contract.
s) We, the Tenderer, have completed fully and signed 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.
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a) Self-Declaration of the Tenderer – to declare that we will, if awarded a contract, not engage in
any form of fraud and corruption.
b) Declaration and commitment to the Code of Ethics for Persons Participating in Public Procurement
and Asset Disposal.
t) 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]
Signed
Dated on day of ,
Page 62 of 292
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
1 Name of Procuring Entity Kenya National Highways Authority
2. City
3. Location
4. Building
5. Floor
6. Postal Address
Page 63 of 292
General and Specific Details
b) Sole Proprietor, provide the following details
Name in full Age
Citizenship
i) Are there any person/persons in…………………… (Name of Procuring Entity) who has/have an
interest or relationship in this firm? Yes/No………………………
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3
Title or Designation
(Signature) (Date)
Page 67 of 292
B. CERTIFICATE OF INDEPENDENT TENDER DETERMINATION
I, the undersigned, in submitting the accompanying Letter of Tender to the KENYA NATIONAL HIGHWAYS
2. I understand that the Tender will be disqualified if this Certificate is found not to be true and complete in every
respect;
3. I am the authorized representative of the Tenderer with authority to sign this Certificate, and to submit the Tender
on behalf of the Tenderer;
4. For the purposes of this Certificate and the Tender, I understand that the word “competitor” shall include any
individual or organization, other than the Tenderer, whether or not affiliated with the Tenderer, who:
a) Has been requested to submit a Tender in response to this request for tenders;
b) could potentially submit a tender in response to this request for tenders, based on their qualifications, abilities or
experience;
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.
Date
[Name, title and signature of authorized agent of Tenderer and Date]
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C. SELF-DECLARATION FORMS
IN THE MATTER OF THE PUBLIC PROCUREMENT AND ASSET DISPOSAL ACT 2015
No......................................for...................................................................................(insert tender
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.
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FORM SD 2: SELF DECLARATION THAT THE TENDERER WILL NOT ENGAGE IN
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.
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FORM SD 3: DECLARATION AND COMMITMENT TO THE CODE OF ETHICS
I do hereby commit to abide by the provisions of the Code of Ethics for persons participating in Public
Procurement and Asset Disposal.
Sign...............................................................................................................................................................
Position........................................................................................................................................................
Office address...................................................................................Telephone....................................................
E-mail......................................................................................................................................................
Name of the
Firm/Company..................................................................................................................................
Date...........................................................................................................................................................
Witness
Name..............................................................................................................................................
Sign.................................................................................................................................................................
Date.............................................................................................................................................................
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APPENDIX 1-FRAUD AND CORRUPTION
1. Purpose
1.1 The Government of Kenya's Anti-Corruption and Economic Crime laws and their sanction's
policies and procedures, Public Procurement and Asset Disposal Act (no. 33 of 2015) and its
Regulation, and any other Kenya's Acts or Regulations related to Fraud and Corruption, and
similar offences, shall apply with respect to Public Procurement Processes and Contracts that
are governed by the laws of Kenya.
2. Requirements
1.2 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.
1.3 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
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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;
1.4 In compliance with Kenya's laws, regulations and policies mentioned above, the Procuring
Entity:
i) Defines broadly, for the purposes of the above provisions, the terms set forth below as
follows: “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:
• 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:
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
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requiring (i) Tenderers (applicants/proposers), Consultants, Contractors, and Suppliers, and
their Sub-contractors, Sub- consultants, Service providers, Suppliers, Agents personnel,
permit the PPRA or any other appropriate authority appointed by Government of Kenya to
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.
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APPENDIX TO FORM OF TENDER
Director General,
Employer’s name and Kenya National Highways Authority,
1.1.2.2
address P.O. Box 49712 – 00100,
NAIROBI
Director – Development,
Kenya National Highways Authority,
Engineer’s name and address 1.1.2.4
P.O. Box 49712 – 00100,
NAIROBI
Name…. …………………….………………….
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Conditions Sub-Clause Data
P.O Box…………………….…………………..
City/Town…………………...………………….
Email..……………………..…………...………
Telephone:…………………….…………………
Penalty for not implementing approved Upto Kshs. 100, 000.00 per day up to limit of
4.8
ESMP, OHS and Safety Plan. 3% of the contract sum.
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Conditions Sub-Clause Data
Commencement of Works 8.1 Twenty Eight (28) days after order to commence
NB
Upon one month of request by the Employer, the
Advance payment 14.2 Contractor will be required to submit evidence of
utilization of the Advance Payment for the
project as follows:
i. Establishment
ii. Materials
iii. Equipment
Any portion of the advance payment not utilized
in accordance to the conditions of this clause
Shall lead to the Employer recalling the advance
payment guarantee immediately.
Minimum amount of interim certificates 14.6 Per Milestone in accordance with the payment
schedule
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Conditions Sub-Clause Data
Maximum total liability of the Contractor 17.6 The accepted contract amount
to the Employer
Minimum amount of third party insurance 18.3 Limited to Accepted Contract Amount for each
occurrence, with unlimited number of
occurrences
Appointment (if not agreed) to be made by: 20.3 Chartered Institute of Arbitrators (Kenya)
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Q/No. Milestone Payment Valuation Recovery of
Date advance
1. On attainment of 10% of project Full value of Milestone as per
length to bitumen standard approved measured work
2. On attainment of 20% of project Full value of Milestone as per Start recovery as per
length to bitumen standard approved measured work clause 14.2
3. On attainment of 30% of project Full value of Milestone as per
length to bitumen standard approved measured
4. On attainment of 40% of project Full value of Milestone as per
length to bitumen standard approved measured work
5. On attainment of 50% of project Full Value of Milestone as as per
length to bitumen standard approved measured
6. On attainment of 60% of project Full value of Milestone as per
length to bitumen standard approved measured work
7. On attainment of 70% of project Full value of Milestone as per
length to bitumen standard approved measured work
8. On attainment of 80% of project Full measure of Milestone as End of recovery as
length to bitumen standard measured works including with 30% per clause 14.2
of road furniture
9. On attainment of 90% of project Full measure of Milestone as
length to bitumen standard measured works including additional
30% of road furniture
10. On attainment of 100% of Full measure of Milestone as
projectlength to bitumen measured work including the
standard remaining 40% the road furniture.
11. Final statement on attainment of Final statement including value of
100% of project length to measured works,claims, interests
bitumen standard. etc..
Key Notes
1. A milestone shall be a fully completed section of the road as above having all pavement layers, access culverts, cross
pipeculverts and functioning drains.
2. For assigned or formally sub-contracted works, a milestone shall constitute 10% of the total length assigned or formally
sub-contracted, having all pavement layers, access culverts, cross pipe culverts and functioning drains.
3. Works done as part safety installation such as guardrails and road bumps shall be paid within the milestone
4. Completion of bottleneck section on the project road to pavement standard as instructed and approved by the Engineer
shallconstitute a milestone.
5. Work executed under Major structures (box culverts and bridges will be valued and paid together with due milestone
payments
6. Road Furniture and road marking will form part of the completed mile stone for milestones 8,9 and 10.
7. In case of an emergency the cost of repair shall be paid in the succeeding milestone. Emergency works shall be subject to
Employers approval. Emergency works may be undertaken as day works or as approved under the contingencies.
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FORM CON – 1 HISTORICAL CONTRACT NON-PERFORMANCE, PENDING LITIGATION
AND LITIGATION HISTORY
JV Member's Name
Tender No.
Tender title:
Non- Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria
Contract non-performance did not occur for the last five (5) years from the day of tender opening.
Contract(s) not performed for the last five (5) years from the day of tender opening
Year Non- Contract Identification Total Contract
performed Amount (Kenya
portion of Shilling equivalent)
contract
[insert year] [insert Contract Identification: [indicate complete contract [insert amount]
amount and name/number; and any other identification]
percentage]
Name of Procuring Entity: [insert full name]
Pending Litigation, in accordance with Section III, Qualification Criteria and Requirements
No pending litigation in accordance with Section III, Qualification Criteria and Requirements, Sub-Factor 8.
Pending Litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 9 as
indicated below
Year of dispute Amount in dispute Contract Identification Total Contract
(currency) Amount (Kenya
Shilling equivalent)
Contract Identification:
Name of Procuring Entity:
Address of Procuring Entity:
Matter in dispute:
Party who initiated the dispute:
Status of dispute:
Litigation History in accordance with Section III, Evaluation and Qualification Criteria
No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4.
Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4 as
indicated below
Year of award Outcome as Contract Identification Total Contract
percentage of Net Amount (Kenya
Worth Shilling equivalent)
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FORM CON – 2: DECLARATION FORM – FAIR EMPLOYMENT LAW AND PRACTICES
Date
To
The Director General,
Kenya National Highways Authority (KeNHA),
P.O. Box 49712-00100
NAIROBI
1. Have not been involved in and will not be involved in violation of fair employment laws and practices.
2. THAT what is declared hereinabove is true to the best of my knowledge, information and belief
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FORM CON – 3: CERTIFICATE OF BIDDER’S VISIT TO SITE
[Name/s]………………………………………………………………………………………………….
…………………………………………………………………………….………………………………
…………………………………………….………………………………………………………………
participated in the organized inspection visit of the site of the works for the
Signed…………………………………………………………………………………………..
(Employer’s Representative)
……………………………………………………………………………….…………………
……………………………………… …………………………………..
(Name of Employer’s Representative) (Designation)
NOTE: This form is to be completed at the time of the organized site visit.
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FORM FIN – 3.1: FINANCIAL SITUATION AND PERFORMANCE
PART 1
JV Member's Name
Tender No.
Tender title:
1. Financial data
Type of Financial Historic information for previous 5 years,
information (Kenya
Shillings) (amount in Millions (KSh.)
2019 2020 2021 2022 2023
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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)
Letter of line of Credit from a recognized Financial
Institution
Bank account balance (demonstrated by bank
statements)
3. Financial documents
The Tenderer and its parties shall provide copies of financial statements for the last five (5) years
pursuant Section III, Evaluation and Qualifications Criteria, Sub-factor 3.1. The financial statements
shall:
a) Reflect the financial situation of the Tenderer or in case of JV member, and not an affiliated
entity (such as parent company or group member).
b) Be independently audited or certified in accordance with local legislation.
c) Be complete, including all notes to the financial statements.
d) Correspond to accounting periods already completed and audited.
Attached are copies of financial statements for the five (5) years required above; and complying
with the requirements
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PART 2
Max
1. Financial Ratios score=4
Marks
Current
Current Ratio= Ratio more
than 1 = 1
a. Current Assets marks
Current Liabilities
Equity
Debt to Equity
Capital
Ratio =
b. Ratio less
Total Liabilities than 1 = 1
Total Equity Marks
Positive
Working Capital = Working
Current Assets- Capital = 1
c. marks
Current Liabilities
Working
Capital is
equal or
2. Working Capital in KShs. …………………. more than
10% of the
bid price =
5 Marks
The above Financial Ratios have to be derived from first Principles from the Audit Statements. The
Auditor who has undertaken the analysis has to demonstrate the financial ratios and append his signature
and stamp to the Document as below:
The Auditor shall be required to provide his/her workings and demonstrate the source of the workings
from the various Audited statements by including the Page Numbers and references of the source of the
figures used in the computation of the assigned values.
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The Auditor undertaking the above Financial Analysis MUST duly fill the Contact Sheet below in
all aspects and attach current annual practising license.
CPA: Name
ICPAK Number
Telephone Number
Email Address
Postal Address
Physical Address
Contact Person
Mobile Contact of the
Contact Person
Signature
Date
Personal/Corporate
Stamp
Date
Personal/Corporate
Stamp
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FORM FIN – 3.2: AVERAGE ANNUAL CONSTRUCTION TURNOVER
Tenderer's Name:
Date:
JV Member's Name
Tender No.
Tender title:
Annual turnover data (construction only)
Year Amount Currency Exchange Rate Kenya Shilling equivalent
[insert amount and indicate (where
currency] applicable)
2021
2022
2023
Average Annual
Construction
Turnover*
* See Section III, Evaluation and Qualification Criteria.
If the most recent set of financial statements is for a period earlier than 12 months from the date of Bid,
the reason for this should be justified.
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FORM FIN - 3.3: 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 Form 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.
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FORM EXP - 4.1: GENERAL CONSTRUCTION EXPERIENCE
Tenderer's Name:
Date:
JV Member's Name
Tender No.
Tender title:
Amount of contract:
Name of Procuring Entity:
Address:
Contract name:
Amount of contract:
Name of Procuring Entity:
Address:
Contract name:
Amount of contract:
Name of Procuring Entity:
Address:
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FORM EXP - 4.2(A): SPECIFIC CONSTRUCTION AND CONTRACT MANAGEMENT
EXPERIENCE
Tenderer's Name:
Date:
JV Member's Name
Tender No.
Tender title:
Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management Sub-
Contractor JV Contractor Contractor
3. Complexity
4. Methods/Technology
6. Other Characteristics
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FORM EXP - 4.2(B): CONSTRUCTION EXPERIENCE IN KEY ACTIVITIES
Tenderer's Name:
Date:
Tender No.
Tender title:
All Sub-contractors for key activities must complete the information in this form as per ITT 33.2 and Section III,
Qualification Criteria and Requirements, Sub-Factor 4.2.
Information
Contract Identification
Award date
Completion date
Role in Contact Prime Member in Management Sub-
Contractor JV Contractor Contractor
Page 93 of 292
Information
Earthworks
Concrete works
Surface Dressing
If applicable
2. Activity No. Two
3. ......................................................
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TECHNICAL PROPOSAL
SCHEDULE C. Subcontractors
Instructions on how to present the various schedules of the Technical Proposal are given on the following
pages
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SCHEDULE A
1) Tenderers shall tabulate below estimates, based on their preliminary work programme, of:
a) On the expenditure side, the value of the work which will be carried out;
b) On the revenue side, the net payments to which they will become entitled with due allowance for
the advance payment and repayment, materials prepayments, and retention money, but excluding
price adjustments for rise and fall and provisional sums for emergency works.
c) The projected net cash flow during the contract period.
2) The prospective successful Tenderer may be required to submit full details to substantiate his estimates.
1-4
4-8
8-12
12-16
16-20
20-24
24-28
28-32
32-36
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SCHEDULE B
Site Organization
Tenderers shall give below full particulars of the organization they propose to establish, direct, and administer
the performance of the Contract. In particular, Tenderers shall indicate the location of site camps and the
resources they intend to allocate to Self-Control Units for planning and monitoring purposes.
i. ORGANOGRAM
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SCHEDULE C
SUB-CONTRACTORS / PARTNERS
Tenderers shall list below those parts of the Works and Services which they propose to subcontract, and state
the approximate value of those parts and the names and addresses of the proposed subcontractors, if those are
known at Tendering stage. Tenderers shall also list other business partners involved in the execution of the
contract and their respective roles and responsibilities.
Part of Works /
Services:
Approximate
value:
Name and address of proposed subcontractor / partner:
Part of Works /
Services:
Approximate
value:
Name and address of proposed subcontractor / partner:
Part of Works /
Services:
Approximate
value:
Name and address of proposed subcontractor / partner:
Part of Works /
Services:
Approximate
value:
Name and address of proposed subcontractor / partner:
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SCHEDULE D
Contractor’s Equipment Form EQU
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 in Section B (Technical Evaluation) of Qualification
Form.
Equipment Information and current status for equipment leased from Government Agencies may be omitted
Item of equipment
Equipment Name of manufacturer Model and power rating
information
Capacity Year of manufacture
Fax
Agreements Details of rental/ lease/ manufacture agreements specific to the project
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SCHEDULE E
To demonstrate a clear understanding of the requirements of the Contract, Tenderers shall provide the following:
i) A bar chart sub-divided into sections for each road showing the major activities to be carried out for Maintenance
Works. The activities shall be shown against time, with linkages shown between related/sequential activities as
far as possible and appropriate.
ii) A bar chart or schedule showing the usage of major plant, including those listed in Schedule D (Contractor's
Equipment).
Time commitment for this [insert the number of days/weeks/months that has been
position: scheduled for this position]
Time commitment for this [insert the number of days/weeks/months that has been
position: scheduled for this position]
Signature:
Summarize professional experience in reverse chronological order. Indicate particular technical and managerial
experience relevant to the project.
Project Role Duration of Relevant experience
involvement
[main project [role and [time in role] [describe the experience relevant to this
details responsibilities on the position]
project]
Declaration
I, the undersigned Key Personnel, 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 contract: [insert period (start and end dates) for which this Key
Personnel is available to work on this contract]
Time commitment: [insert the number of days/weeks/months that this Key
Personnel will be engaged]
Signature:
Rate build up
i) Unit work
a) Direct cost (DC) Price 1) Material Cost
Market
Description Units Quantity Price Amount
Sub-totals of DC
b) Indirect Cost
c) Overheads and
Profits
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Total Cost
Sum (a+b+c) Carried
forward to the BoQ
Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct
Rate build up
a) Direct cost (DC) i) Unit work price 1) Material Cost
Market
Description Units Quantity Price Amount
Sub-totals of DC
b) Indirect Cost
Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct
Rate build up
a) Direct cost (DC) i) Unit work Price 1) Material Cost
Market
Description Units Quantity Price Amount
b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c) Carried
forward to the BoQ
Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct
Rate build up
a) Direct cost (DC) i) Unit work Price 1) Material Cost
Market
Description Units Quantity Price Amount
b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c) Carried
forward to the BoQ
Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct
Rate build up
i) Unit work
a) Direct cost (DC) Price 1) Material Cost
Market
Description Units Quantity Price Amount
Sub-totals of DC
b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c) Carried
forward to the BoQ
Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct
Rate build up
a) Direct cost (DC) i) Unit work Price 1) Material Cost
Market
Description Units Quantity Price Amount
Sub-totals of DC
Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct
Rate build up
a) Direct cost (DC) i) Unit work Price 1) Material Cost
Market
Description Units Quantity Price Amount
b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c)
Carried forward to
the BoQ
Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct
Rate build up
a) Direct cost (DC) i) Unit work Price 1) Material Cost
Market
Description Units Quantity Price Amount
Sub-totals of DC
b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c)
Carried forward to
the BoQ
Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct
Rate build up
a) Direct cost
(DC) i) Unit work Price 1) Material Cost
Market
Description Units Quantity Price Amount
Sub-totals of DC
b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c)
Carried forward to
the BoQ
Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
I certify that the above information is correct
Rate build up
a) Direct cost (DC) i) Unit work Price 1) Material Cost
Market
Description Units Quantity Price Amount
Sub-totals of DC
b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c)
Carried forward to
the BoQ
Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
Rate build up
a) Direct cost (DC) i) Unit work Price 1) Material Cost
Market
Description Units Quantity Price Amount
Sub-totals of DC
b) Indirect Cost
c) Overheads and
Profits
Total Cost
Sum (a+b+c)
Carried forward to
the BoQ
Notes:
• Attach current (atleast 30 days before tender opening date) proof of cost of materials e.g. Proforma
invoices/quotations.
• This form has been based on the principles of Cost Estimation Manual. The Cost Estimation Manual can
be downloaded from the following website: https://krb.go.ke/downloads
opening date
EQ Equipment B= 0.1– 0.25
Indices
Beneficiary:
Invitation to Tender No:
Date:
TENDER GUARANTEE No.:
Guarantor:
We have been informed that (herein after called "the Applicant") has submitted or
will submit to the Beneficiary its Tender (hereinafter called "the Tender") for the execution of under Invitation to
Tender No. (“the ITT”).
Furthermore, we understand that, according to the Beneficiary's conditions, Tenders must be supported by a Tender
guarantee.
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or
sums not exceeding in total an amount of ( ) upon receipt by us of the Beneficiary's complying
demand, supported by the Beneficiary's statement, whether in the demand itself or a separate signed document
accompanying or identifying the demand, stating that either the Applicant:
a) Has withdrawn its Tender during the period of Tender validity set forth in the Applicant's Form of Tender (“the
Tender Validity Period”), or any extension there to be 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 be provided by the Applicant, (i) has 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
Beneficiary's Tendering document.
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, issued to the Beneficiary in relation to such contract agreement;
or
b) if the Applicant is not the successful Tenderer, upon the earlier of (i) our receipt of a copy of the Beneficiary's
notification to the Applicant of the results of the Tendering process; or (ii) twenty-eight days after the end of
the Tender Validity Period.
Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on
or before that date.
[signature(s)]
4 Site Clearance
5 Earthworks
7 Excavation And Filling For Structures
8 Culvert And Drainage Works
9 Passage Of Traffic
12 Natural Material Bases And Subbase
14 Cement Treated Base And Subbase Materials
15 Bituminous Surface Treatment And Surface Dressing
16 Bituminous Mixes
17 Concrete Works
20 Road Furniture Repair And Maintenance
21 Miscellaneous Bridge Works
22 Dayworks
23 Street Lighting And Roadside Amenities
24 Environmental And Social Mitigation Measures
25 HIV/AIDS Awareness And Education
27 Road Safety Awareness Campaign
A Subtotal - 1
B Add 2.5 % Of Subtotal -1(A) For Physical Contingencies to Be
Expended in Whole, Part or Deleted Entirely by The Engineer.
C Add A Provisional Sum of 7.5 % Of Subtotal -1(A) For Adjustments
Due to Variation of Prices in Accordance with Sub clause 13.8 Of
The Conditions of Contract.
D Subtotal - 2
E Add 16 % Vat Of (D) As VAT
F Add: Public Procurement Capacity Building Levy @ 0.03%
Grand Total Carried Forward To The Form Of Bid (D+E+F)
Bill of Quantities
Bill No. 4 : Site Clearance
Rate Amount
No. Description Units Quantity
(Ksh) (KSh)
Site Clearance
Clear site on road reserve including
removal of trees, hedges, bushes and othe
4.01 Ha 25
vegetation or deterious organic material
in accordance with the specification.
Topsoil Stripping
Remove top soil to maximum depth of
200mm as directed by the Engineer
4.02 stockpile good material for later top m³ 50000
soiling of slide slopes and landscaping of
quarries and borrow pits.
Removal of existing structures
Excavate, remove and dispose of or
stockpile existing concrete pipe culverts
4.03 of any diameter, including outlet and m 1500
inlet structures as will be directed by the
Engineer.
Total Carried Forward to Summary:
Warning signs
Provide, excavate for and erect warning signs, including
20.03
backfill
(a) 450 x 900 mm size No 10
(b) 750 mm size No 40
Priority signs
Carried Forward
20.23 E.O. item 20.22 for the contractor's overheads and profits %
Carried Forward
Carried Forward
Carried Forward
Carried Forward
22.32 Pulvi-mixer hr 55
22.33 Labour:
Note: The rate included herein shall
include all costs of labour, as well as
overtime, travelling time and cost of
accommodation, social security
contributions, use and maintenance of
small tools of trade, supervision insurance,
overheads, profits and any other costs.
a - Labourer hr 4,000
b - Artisan hr 2,000
c - Plant Operator hr 2,000
d - Driver hr 2,000
e - Foreman hr 2,000
f - Site Surveyor hr 2,000
MATERIALS
All items of materials must be priced in
accordance with the requirements of
clause 2202 © of the specifications
22.34 Shuttering timber
a - Class F1 finish m2 125
b - Class F2 finish m2 80
c - Class F3 finish m2 80
Carried Forward
RATE AMOUNT
DESCRIPTION QUANTITY
ITEM UNIT (KShs) (KShs)
Allow a Provisional Sum for
instituting Road Safety Awareness
and Accident Prevention
Campaigns and Training
including preparation and
presentation of monthly reports at
site meetings in accordance with
the specifications to be approved
by the Engineer for the entire
contract period
Instituting a Road Safety
Awareness Campaign and 1
5,500,000
27.01 Accident Prevention Campaign PC Sum
Extra over item 27.01 for
27.02 Contractor's profit and overheads %
Allow for training of Road Safety
Auditors(Engineers, Inspectors
PC Sum 1 5,000,000
etc) as will be directed by the
27.05 Engineer.
Extra over item 27.05 for
%
27.06 Contractor's profit and overheads
Item: 1.02: Furniture and Stationary for the office for the Supervisor's Representative
Desc: Provide and maintain furniture and stationary for the Engineer's Representative's office for the duration of the contract
RATE
DESCRIPTION UNIT QUANTITY AMOUNT (KSHS)
(KSHS)
(The following equipment shall be purpose made for use in the Engineer's laboratories and shall comply with
the relevant British (BS) or American (AASHTO) Standard)
2. General Equipment
104/2.01 Compaction mould complete with base plate No 5
and extension collar, 101.6 mm dia
x116.43 mm high
104/2.02 2.49kg. Compaction hammer, drop No 5
regulated to 304.8mm
9. Miscellaneous Equipment
104/9.03 Shovel No 6
104/9.04 Pick axe with handle No 6
104/9.05 Metal scoop, large (150mm wide) No 4
104/10.12 BS 4449 No 1
11. Concrete: Slump and Cube
Manufacture (BS 1881)
Desc: Allow a prime cost sum to purchase and provide survey equipment and accessories in accordance with
the specifications and as will be directed by the Engineer
DESCRIPTION UNIT QUANTITY RATE AMOUNT
(KSHS) (KSHS)
SURVEY EQUIPMENT
105/1.01 Leica Viva TS12 P 2" R1000 Performance
Robotic Package Smart Station (0,6 mgon)
R1000 type with PowerSearch, automatic target
aiming, reflectorless R1000 EDM, electronic
guide light EGL, laser plummet, 1 keyboard
with 1/4 VGA colour touch screen, Bluetooth /
RS232 / CF card interface, RadioHandle
interface, user manual and container, complete
with RH15, RadioHandle with integrated radio
modem, antenna, user manual (frequency No. 1
range 2400-2483 MHz); CS10 Radio Field
Controller, Ruggedized WinCE field controller
with full VGA touch display, 1GB Flash
Memory, 512MB SDRAM, CF/SD card slot and
2MP camera. Includes bluetooth, internal
WLAN module,internal TPS radio module,
numeric keypad, stylus and all other anciliary
accessories such as batteries,rapid charger, etc
105/1.02 Tripods wild GST/20 or equivalent No. 6
105/1.03 Levels wild NAK2 or equivalent No. 2
105/1.04 Metal (Aluminium) levelling stave (5m)- No. 4
foldable
105/1.05 Steel tape 50m No. 4
105/1.06 Steel tape 25m No. 6
105/1.07 Fibre glass tapes 50m No. 5
105/1.08 Trumeter or equivalent wheeled measuring No. 1
metre
105/1.09 Ranging rods 2.5m No. 10
105/1.10 Ranging rods 2.5m (metal,joinable) No. 10
105/1.11 Optical squares No. 4
105/1.12 Spare batteries No. 4
105/1.13 Rapid charger No. 1
105/1.14 Reflectors with mounts No. 6
105/1.15 Triple prism mount with reflectors No. 2
105/1.16 Tribrachs No. 4
105/1.17 Steel hammer (4kg) No. 4
105/1.18 Spirit level for staves No. 4
105/1.19 Metal pocket rulers (5m) No. 12
105/1.20 Surveying umbrella No. 2
105/1.21 Reflective road safety vests No. 15
105/1.22 Drawing boards (field book frames A4) No. 10
105/1.23 Size metal/wood with plastic cover No. 10
105/1.24 Repair and maintain survey equipment for the
entire project duration Lsum 1
105/1.25 GNSS equipment Real time accuracy SBAS, Post
Processing accuracy, 4GB internal memory
NAND Flash. 32.6 Wh (2200mAh), Battery life No. 1
10 hrs. With all accessories and external radio
The site of the works shall be the area within the road reserve and any other
places as may be designated in the Contract. The works involve construction of
the project roads, junctions and any other works as directed by the Engineer.
The works will also include for any operations necessary for the safe and
convenient passage of through and local traffic at all times
The Engineer may from time to time, in order to enable the satisfactory
completion of the works, revise, amend or supersede any of these drawings. It
shall be the Contractor’s responsibility to construct all works in conformity with
the latest revision, amendment or superseding drawings, provided that the
Engineer has given to the Contractor in writing such reasonable prior notices of
intention to revise, amend or supersede as the nature of the intended change
requires, and the relevant drawings have been issued to the Contractor.
The changed drawings shall entitle the Contractor such reasonable additional
payments as provided for in the Contract, including any abortive work carried
out by the Contractor prior to notice of intent to undertake changes having been
given. The Contractor may be required to demolish, alter and/or correctly
rebuild at his own expense any part of the Works not in conformity with the
current drawings issued to him within a reasonable prior notice.
Documents
The following manuals that are important and relevant to the contract, will not
be issued with the tender documents but will be available for inspection during
normal working hours at the offices of the Director (Highway Planning and
Design), Kenya National Highways Authority, P.O. Box 49712 - 0100, Nairobi,
Kenya.
The contractor shall provide the works programme, required under clause 14 of
the Conditions of Contract, within 14 days of receipt of the Engineer's Order to
commence work
The Contractor shall carry out the contract in accordance with the programme
agreed with the Engineer, but he shall in no manner be relieved by the Engineer's
approval of the programme, of his obligation to complete the works in the
prescribed order and by the prescribed completion date and he shall from time
to time review his progress and make such amendments to his rate of execution
of the works as may be necessary to fulfil his obligations.
The Contractor shall allow in his programme for construction of trial sections
and carrying out tests upon them as directed by the Engineer in accordance with
the provisions of Clause 129 of the Standard Specification. The time for
completion of the Contract shall not be extended because of the time taken to
carry out tests and evaluate trial sections.
In addition to Clause 105 of the Standard Specification the Contractor shall carry
out the Works such that a continuous and consecutive output of fully complete
work is achieved.
The minimum length of the road for which a certificate will be issued is as
provided in the appendix to the form of tender, the entire length of the road
segment to be taken over shall be substantially complete.
It shall be the Contractor’s responsibility to notify the Engineer when any item of
works scheduled are completed and ready for approval, and the contractor shall
give sufficient notice to allow control test to be performed.
(a) The requirements of the Laws of Kenya governing explosives and other
requirements and regulations of Government of Kenya and other authorities
shall be complied with.
(b) No explosives of any kind shall be used without prior written consent of the
Engineer.
(c) The Contractor shall be solely responsible for the provision, handling,
storage and transporting of all explosives, ancillary materials and all other
items of related kind whatsoever required for blasting.
“The Contractor shall provide all such specifications not more than 60 days after
commencement of contract and at least 14 days before the execution of work to
which the specification is applicable.”
(a) The Contractor shall acquaint himself with the location of all existing
services such as telephone lines, electricity cables, water pipes, sewers etc.,
before execution of any works that may affect the services. The cost of
determining the location of the existing services together with making good
or repairing of any damage caused all to the satisfaction of the Engineer shall
be included in the BID rates.
(b) Subject to the agreement with the Engineer, the Contractor shall be
responsible for removal of alteration and relocation of existing services.
The Contractor shall keep in close touch with the Police and the other
Government officials of the area regarding their requirements in the control of
traffic, or other matters, and shall provide all assistance or facilities, which may
be required by such officials in the execution of their duties.
124 LAND FOR ALL CAMPS SITES AND FOR THE CONTRACTOR'S OWN PURPOSES,
INCLUDING TEMPORARY WORKS.
(a) Boreholes. The quality of water from boreholes along the project road was
investigated and found to be suitable for road construction. If instructed by the
Engineer, the Contractor shall make arrangements for sinking of the boreholes
for use by the contractor and the community. These arrangements shall include
but not limited to carrying out hydro geological investigations, sinking the
boreholes, construction of supply tanks and all associated works and operation of
the boreholes for the period or part of the contract period. The boreholes shall be
handed over to the Employer at the completion of the contract
(b) Water pans constructed at the edge of the road reserve placed appropriately to
collect surface runoff during rains at locations proposed by the Contractor and
approved by the Engineer to supplement borehole water. These water pans shall
be made safe by fencing. A committee of six responsible for developing water
sharing guidelines between the local community and the Contractor shall be
Page 186 of 292
formed at the onset of the construction works comprising, the Site Agent, the
Resident Engineer, Social Expert (from Consultant), 2no. Village Elders and the
local Assistant Chief.
Omit the content of Clause 127 and substitute the following Sub-Clauses: -
The time for completion of the Contract shall not be extended because of the time
needed to construct trial sections and evaluate the tests on them.
At least fourteen days before the work of laying any pavement layer is
commenced, the contractor shall construct trial sections of at least 100 m in
length and to the full construction width and the specified pavement layer
thickness. For each trial section, the Contractor shall use the materials, mix
proportions, mixing, laying, compaction plants and construction procedure that
he proposes to use for the main work. The main work of laying the pavement
layer shall not be commenced until this trial has been tested and approved by the
Engineer.
Trial sections, if found satisfactory, will be paid for under the rates in the Bill of
Quantities for the appropriate items, as if the trial sections were part of the
normal work. No separate payment will be made for trial sections and testing and
the Contractor shall be deemed to have provided for this in his rates.
The Contractor shall make good, at his own expense, any trial sections that fail to
meet the specified standards. The standards shall include, but not be limited to,
material quality, layer thickness, levels and compaction.
Page 187 of 292
128 STORAGE OF MATERIALS
All materials shall be stored on Site in a manner approved by the Engineer and
the Contractor shall carefully protect from the weather all work and materials
which may be affected thereby.
When instructed by the Engineer the Contractor shall submit certificates of test
from the suppliers of materials and goods required in connection with the works
as the Engineer may require.
Such certificates shall certify that the materials or goods concerned have been
tested in accordance with the requirements of the specifications and shall give
the results of all the tests carried out. The Contractor shall provide adequate
means of identifying the materials and goods delivered to the site with the
corresponding certificates.
131 SIGNBOARDS
The Contractor shall provide and erect four (4) publicity signboards on each of
the road links as directed by the Engineer. The Engineer shall, as shown in the
Drawings, direct the minimum dimensions of the boards. The signs shall be
printed reflective Vinyl Stickers on galvanised steel plates min 350mm high. Posts
shall be galvanised steel. Main headings lettering shall be Yellow and min 80mm
high, while subheadings lettering shall be White and min 60mm high as per the
drawings.
132 HOUSING ACCOMMODATION FOR THE RESIDENT ENGINEER AND HIS STAFF,
OFFICE AND LABORATORY INCLUDING FURNITURE
The Contractor shall provide and maintain furnished houses as indicated in the
drawing or as approved by the Engineer.
Each house shall be provided with new furniture, equipment and fittings to the
approval of the Engineer as listed below respectively:
All the houses and furniture mentioned above shall revert to the Employer after
the completion of the contract.
Payments shall be made under the relevant provisions in the Bills of Quantities.
A telephone shall also be provided for the Resident Engineer’s office for his
exclusive use. All the charges and fees related to the installation, maintenance
and operation of the telephone including provision of internet services shall be
deemed to have been included in the rates for providing and maintaining the
Main Office.
The offices shall be provided with day and night watchmen and security lights,
the cost of which shall be deemed to have been included in the rates for the
offices.
The office for the Resident Engineer shall be completely separate from that of the
Contractor.
Latrines and washrooms graded to staff seniority, together with a drinkable water
supply and waterborne sewage disposal shall be provided for the office. The
Contractor shall also provide 24 hours a day security and electricity supply to the
offices and shall allow for any water and electricity consumed and for any
statutory charges associated.
Measurement and payment for the Engineers office and laboratory shall be as
specified in the standard specifications. The rate inserted for provision of the
main office shall include the cost of complying with the requirements of clauses
117, 124, 125, 132, 133, 134, 135, 136 and 137 of the standard specifications.
The office building shall revert to the Contractor at the end of the project.
The Contractor may be instructed by the Engineer under clause 58 of the General
Conditions of Contract to make payments of general receipted accounts for such
items as stationery, stores, furniture and equipment, claims and allowances for
supervision personnel and any miscellaneous claims or the Engineer may direct
the Contractor to purchase or pay for the above. The Contractor will, on provision
of receipts, be paid under appropriate bill items in the BoQ.
The Contractor, when instructed, shall provide and install at the Engineer’s office
the Equipment specified below with a dealer’s certificate and warranty:
(a)
(b) Personal Computer (PC) 2 No.
The rate inserted for the PCs shall include for the provision of the UPS, a
Printer and the software specified below for each PC.
The rate inserted for the Laptop shall include for the provision of a Printer
and the software specified below for each laptop.
1. Speed 20ppm
2. Memory 32MB expandable to 80MB
3. Resolution 1200Xx1200dpi
4. Compatibility MS Windows 95/98/2000/XP/Vista
5. Power input 220-240V
6. Paper size A6 – A4 (A3 for 1No. printer)
UPS specifications
Software
All furniture and equipment bought under the Contract shall revert to the
Employer. Payment for provision of the office including the furniture mentioned
above shall be paid against the appropriate bill items in the BOQ.
Note: No separate payment shall be made for provision and maintaining of the
above furniture for both the RE’s office and houses. This will be deemed to have
been included in the rate for provision of the same under the appropriate bill
items.
The Contractor shall provide and maintain for the duration of the contract the
Engineer’s laboratory as shown in the Book of Drawings and provide all the
laboratory equipment, reagents and survey equipment as required by the
Engineer. The Contractor shall be paid under appropriate bill items in the Bills of
Quantities or on provision of receipts as required by the Engineer.
The laboratory shall be sited adjacent to the Resident Engineer’s main office and
shall revert to the contractor at the end of the contract.
The laboratory shall have piped potable water supply and a continuous electricity
supply adequate for lighting, heating and operating the laboratory equipment.
The laboratory shall have a height from floor to ceiling of not less than 2.75
metres and all rooms shall be fitted with electric lighting and power points as
instructed by the Engineer’s Representative, and each door shall be fitted with a
good quality mortise lock and provide with two keys.
Soaking tanks for CBR specimens shall be provided at floor level in the laboratory.
Concrete cube curing tanks of adequate size shall also be provided. Both the CBR
tanks and concrete cube curing shall have drainage pipes built-in.
(i) Office
This room shall have a total floor area of not less than 14 square metres and
a total window area of not less than 2 square meters. The door and windows
shall be fitted with fly screens covered with mosquito gauze. The floor shall
be of concrete with a float finish. The walls shall be lined and ceiling provided.
The floor shall be of concrete and float finished. The room shall be fitted out
as indicated by the Engineer’s Representative with three rigidly constructed
work benches each minimum 2 metres long by 1-metre-wide by 1 metre high
and with top comprising either metal lined hard wood or steel float finished
concrete at least 75mm thick and suitably reinforced, with a sink minimum
Page 195 of 292
size 600mm long by 450mm wide by 300mm deep fitted with a tap and waste
pipe. Wall shelves, 450mm in width and having a surface area of at least 6
square metres, shall be provided and securely fitted.
Two display boards of soft board or similar approved material, each with
minimum area of 3 square metres, shall be securely affixed to the walls as
directed by the Engineer’s Representative.
The contractor may be directed to pay for stationery, equipment or reagents that
are foresaid and also pay for servicing and repair of the laboratory equipment
being used on the project.
Any delays to the Contractor or the Contractor’s activities caused by the Engineer
being unable to perform survey work, field or laboratory tests due to the
contractor’s failure to supply and/or maintain the said equipment shall be
deemed to have been caused entirely by the Contractors own actions, and any
consequences of such delays shall be interpreted as such.
Page 196 of 292
The payment to comply with this requirement is provided in the Bill of Quantities
and ownership of all equipment shall revert to the Employer after the completion
of the Works.
Failure by the Contractor to provide or maintain the equipment shall make him
responsible to bear all costs that may be incurred as a result of the Engineer’s staff
using alternative means of communication, including delays in supervision and
approval of Works by the Engineer.
Until the issue of the Taking-over certificate for the whole of the Works, and if
required for a period thereafter until the Contractor has completed any
outstanding work.”
The Contractor shall provide cleaners, grounds men, and day and night
watchmen for housing camp and offices as directed or instructed by the Engineer
on site, the cost of which shall be included in the rates for providing houses,
offices and laboratory.
Additional armed security shall also be provided as instructed by the Engineer
and payment done under the appropriate item in the Bill of Quantities.
138 VEHICLES AND DRIVERS FOR THE ENGINEER AND HIS STAFF AND METHOD OF
PAYMENT
The Contractor shall insure comprehensively the vehicles for any licensed drivers
and shall provide competent drivers during normal working hours and whenever
required by the Engineer including recognized days of rest.
Should any vehicle supplied not be in road worthy condition, the Contractor shall
provide an acceptable equivalent replacement vehicle until such time as the
original vehicle is repaired to the satisfaction of the Engineer and returned for
use.
Payment for the vehicles (up to 4,000Km per veh.month), shall be by vehicle
months. Payment for mileage above 4,000Km per vehicle month, shall be made
at a rate per Kilometre. These payments shall be inclusive of all fuels, lubricants,
servicing, insurance, maintenance, drivers and repairs. The rate shall include any
overtime the drivers might be due or any other allowances in addition to the
normal working hours. Payment shall be made under appropriate items in the
Bills of Quantities.
The vehicles shall revert to the Contractor at the end of the contract.
139 RECEIPTED ACCOUNTS
If the Contractor wishes to execute the works on regular basis outside the
Engineer’s normal working hours, over a prolonged period, the Engineer may, if
he deems it necessary, employ additional supervisory staff for which the required
salaries, plus twenty (20%) percent additional amount to cover for the Engineer’s
administrative overheads shall be reimbursed in full by the Contractor to the
Engineer. In addition, the Contractor shall provide the required accommodation
for such staff at his own cost. The Contractor shall not be reimbursed any of these
costs.
Prior to the mobilization of the workforce the Contractor shall provide details
of proposed sanitary arrangements to the Engineer for approval, such as will
allow him to assess whether or not the proposed facilities are adequate and
are unlikely to pollute water resources, and also that the facilities will be
properly operated and maintained.
7) The Contractor shall regularly dowse with water all exposed dirt surfaces to
reduce dust levels.
8) The Contractor shall take all reasonable measures, at all sites under his
control, to prevent spillage and leakage of materials likely to cause pollution
of water resources. Such measures shall include, but not be limited to the
provision of bunds around fuel, oil and bitumen storage facilities, and
provision of oil and grease traps for servicing and fuelling areas. Prior to
construction of such facilities, the Contractor shall submit details of pollution
prevention measures to the Engineer for his approval.
9) The Contractor shall be responsible for ensuring that exposed surfaces are
re-vegetated as construction progresses, all to the satisfaction of the Engineer.
Prior to the removal of any trees the Contractor shall inform the Engineer of
the intended operation and obtain the permission of the Engineer for the
removal of the trees. If any tree is removed without permission the
Contractor shall replant another approved tree at no additional cost to the
Employer.
11) The Contractor shall ensure that fires, except for controlled fires for burning
rubbish, do not start within the Site or in the environs thereto as a result of
the works or from the actions of his employees. The burning of waste, such
as vehicle tyres causing noxious emissions is prohibited. The Contractor shall
have available at all times trained fire-fighting personnel provided with
adequate fire-fighting equipment to deal with all fires. The Contractor shall
additionally at all times provide sufficient fire protection and fighting
equipment local to parts of the Works which constitute particular fire
hazards.
12) The contractor shall as instructed by the Engineer carry out off – road
mitigation measures to the approval and satisfaction of the Engineer and to
the required standards. The contractor shall obtain Environmental mitigation
license for the same and also comply with Environmental Management
Coordination Act (EMCA) 1999, and Environmental Impact Assessment (EIA)
and Environmental Audit (EA) Regulations 2003.
No separate payment shall be made in respect of this Clause 142 and the
Contractor shall be deemed to have allowed in his general rates and prices for the
cost of complying with the requirements of this Clauses.
The Contractor shall provide the Engineer with copies of all orders for supply of
materials and goods required in connection with the works as the Engineer may
require.
The Contractor shall make provisions for obtaining bitumen and other materials
required for the Contract if they are not available locally. In particular, the
Employer shall not be liable for any additional costs due to local lack of bitumen
or any other materials.
The exercise in baseline survey and impact evaluation will be carried out in
coordination with the Authority’s for capacity development and technical
assistance.
(b) Objective
Thereafter using the collected data the project will be subjected to impact
evaluation assess the benefits and draw lessons learnt from the project.
The impact study findings shall be used for planning and packaging future
projects and guiding the impact assessment on target groups. The specific tasks
for the consultancy services on the study shall include:
The end-line survey for project impact study is expected to develop household
and community questionnaires, focus group interviews and key informant
discussions for quantitative impact evaluation, and implement the survey in the
field (must refer the baseline survey questionnaire).
Contractor Responsibilities
The Contractor will employ and designate a qualified Consultant to be approved
by the Engineer, who will work closely with the Client and other relevant bodies
so as to undertake the exercise.
Reporting
The Consultant shall prepare a draft report which shall summarize the findings,
analysis, results and recommendations of the socio-economic baseline and shall
contain all supporting materials to be submitted as will be directed by the
Engineer. The Consultant will therefore be required to make adequate provision
for documentation at Inception, during midterm and Final End Term report.
Payment
a) Requirements
Straight run bitumen in addition to the requirements of the Standard Specification the
ash content of penetration grade bitumen shall not exceed 5% by weight
b) Types of Bitumen
Prime coat shall be type MC30 unless otherwise stated. Tack coat shall be K1-70
emulsion. For surface dressing the binder shall be 80/100 pen grade bitumen cut back
or straight run while binder for asphalt concrete shall be 60/70 pen grade bitumen
The Contractor shall conduct tests or have them conducted continually on a regular
basis, to check the properties of natural materials and processed natural materials and
of products manufactured on the site, such as concrete and asphalt. The Contractor shall
remain fully responsible for any defective material or equipment provided by him.
Similarly, the quality of all elements of the Works shall be checked on a regular basis so
as to ensure compliance with the specified requirements
Where any natural materials or products made from natural materials are supplied, and
upon completion of each element of the construction work, the Contractor shall test and
check such materials, products and/or elements for compliance with the specified
requirements and shall submit his results to the Engineer for approval. Such submission
shall include all his measurements and test results and shall furnish adequate proof of
compliance with the specified requirements
No specific pay items are provided as compensation for the above obligations, including
the provision of all samples delivered to the Engineer, the repair of places from which
samples were taken, and the provision of the necessary personnel and testing apparatus
and facilities, for which compensation shall be included in the bid rates of the Contractor
for the various items of work to which these obligations apply.
The Contractor shall submit to the Engineer for examination, the results of all relevant
tests, measurements and levels indicating compliance with the Specifications on
completion of every part of the Work
The road reserve boundary posts shall have 12mm diameter steel pins embedded
in concrete, 200mm long with 25mm exposed to the air, sticking out form its top
surface. This pin shall be coordinated and heighted and result of the same shall be
provided to the Engineer for approval. Cost of these works shall be included in the
rates as no separate item has been provided.
Commencement of the works shall not be permitted until this basic survey data has
been provided and approved by the Engineer for at least 5 Kms of the road.
Reference pegs shall be 50mm by 50mm in section 600mm long driven 400mm
firmly into ground and painted white above the ground. The offset from centre line
shall be indicated by small nail 20mm to 25mm long with its head driven flush
with the top of the peg. Chainages, offset and reference elevation shall be clearly
indicated to the sides of the peg to the satisfaction of the Engineer.
302 TOLERANCES
Add the following:
(e) Pavement Widths
For Pavement widths for subbase, base and wearing course, the allowable
tolerances shall be 0 to +50 mm.
(f) Pipe Culverts
The maximum deviation from the specified line of a drainage pipe shall
be: -
Horizontal - 25mm in 3.0 m
Vertical - 30 mm in 10.0 m
Site clearance is not required over the gravelled width of existing road and
shoulders. No measurement and payment for site clearance will be made for this
width. The remaining area within the road reserve including sides of existing
embankments and cuttings shall be cleared as instructed by the Engineer. This
operation shall also include the removal of all trees, except for some trees as
directed by the Engineer. The Contractor shall provide paint and all the assistance
the Engineer may require to mark the trees which should not be removed during
site clearance.
The Contractor shall take care not to uproot or damage trees which are within
the road reserve but outside the construction width. After the Contractor has
staked out the extent of the road, the Engineer, with the assistance of the
Contractor, shall mark out the trees to be removed. After removal, the trunks and
branches of these trees shall be cut up into pieces not more than 2.0m in length,
transported and neatly stored at the nearest Ministry of Roads camp or otherwise
in a position to be indicated by the Engineer. No additional payment shall be made
for complying with these requirements and it is deemed the Contractor will have
included its cost in the rates for site clearance.
When instructed by the Engineer, the Contractor shall demolish or remove any
structure. Measurement for the works shall be done on dayworks basis and
payments made under the appropriate item in the Bills of Quantities.
In cuttings, the contractor shall excavate to a level that would accommodate the 300mm
subgrade and the existing ground below this MUST be processed and compacted in
accordance with clause 504 of the standard specifications.
Where benching is required to existing pavement to accommodate new cross section, the
rate for compaction of resultant ground shall be deemed to cover this activity
Excavation in the pavement of the existing road shall be kept dry. In the event of water
penetrating the underlying layer, construction of the subsequent layers shall be
postponed until the underlying layers are dry enough to accommodate the construction
plant without deforming or otherwise showing distress. This shall be confirmed through
proof-rolling.
Step construction shall be carried out per layer at the joint where excavating both
vertically and perpendicular to the direction of the travel. The step shall be 500mm
perpendicular to the direction of the travel and 150mm vertical unless otherwise
instructed by the Engineer
Special care shall be taken when compacting the new material at the joint ensuring that
specified density is achieved
Only material approved by the Engineer shall be used in embankments. Soft fill material
shall comply with the following requirements:
Subgrade is defined on the Drawings, and subgrade material shall comply with the
requirements of Clause 505 except that the CBR shall have a value of not less than 14%
measured after a four (4) day soak on a laboratory mix compacted to a dry density of
95% MDD (AASHTO T180)
Improved subgrade layer is defined on the Drawings and shall comply with the following
requirements:
• CBR of not less than 14% measured after 4day soak on a laboratory mix
compacted to a dry density of 100% (AASHTO T 99)
Improved Subgrade shall mean the upper 450mm of earthworks, either in-situ or in fill
and subgrade shall be provided as part of the earthwork operation, and payment shall
be made as fill.
No extra payment will be made for haulage of suitable material from borrow pits as the
overhaul costs shall be deemed to have been factored in the rates inserted in the Bills of
Quantities
At pipe culverts, all fill above ground level around the culverts shall be compacted to
density of 97% MDD (AASHTO T180) up to the level of the top of the pipes or top of the
surround(s), if any and for a width equal to the internal diameter of the pipe on either
side of the pipe(s) or surround(s) as applicable.
At locations adjacent to structures (up to 100m away from structure), all fill above
ground level up to the underside of the subgrade shall be compacted to density of 95%
MDD (AASHTO T180). In case of fill around box culverts this should be carried out for
the full width of the fill and for a length bounded by the vertical plane passing through
the ends of the wingwalls
Notwithstanding the provision of clause 503 of the standard Specification, Compaction
of subgrade material (i.e. material immediately below formation) in cut areas shall not
be carried out by the contractor in areas where the formation is formed in hard material,
unless specific instructions to the contrary are issued by the Engineer
Where improved sub-grade material shall be required, the material shall have a CBR
greater than 14% and this shall be compacted and finished to the same standards and
tolerances as those required for normal subgrade and clauses in the specifications
applying to normal subgrade shall also apply.
509 MASS-HAUL DIAGRAM
Delete Clause 509 entirely and substitute “No Mass-Haul diagram has been
provided with the Documents. The Contractor shall be responsible for locating
suitable materials for constructing earthworks along the alignment and elsewhere
and shall include in his rates for fill, spoil and for the cost of haulage”.
Notwithstanding the provisions of clause 517 of the standard specifications, the rate for
compaction of fill in soft material shall allow for the requirements of clause 508 of the
special specification and no extra payment shall be made for compaction around pipe
culverts (97% MDD AASHTO T180)
Quantities for embankment widening shall be measured using the final compacted
volume of fill material over the existing embankment after removal of topsoil. Payment
for fill for widening shall be made under Item 5.01 of the Bill of Quantities. No payment
shall be made to the Contractor for any additional earthworks resulting from his
construction methods, or for working space for his construction plant and equipment,
or for complying with the requirements of Clause 504. The Contractor shall include the
cost of benching in his rates and prices.
The rate for cut to spoil shall also allow for cutting to spoil in any waterlogged areas.
No separate payment shall be made for overhaul, and the cost of haulage shall be
included in the Contractor’s rates and prices for earthworks.
The rates in the Bill of Quantities shall also include for earthworks associated with
roadside amenities, service roads, walkways and any widenings
601 GENERAL
711 GABIONS
Where instructed by the Engineer the Contractor will install gabions as protection works
to washout areas or bridge Piers and or Abutments. Gabions shall be constructed in
accordance with Clause 711 of the Standard Specification
In cases where existing gabions have been damaged, the Contractor shall identify them
and notify the Engineer for his agreement of the extent of the Work required and his
approval and instructions to proceed with the Works
The Works shall involve removal of the damaged gabions / rocks, excavation to the
correct levels and grades as directed by the Engineer, and in accordance with Clause 711
of the Standard Specifications and reconstruction with new gabions and other necessary
materials as necessary. The damaged gabions shall be recovered and transported to
KeNHA’s Regional Director’s offices
Quarry waste or similar approved material shall be used to backfill scoured and eroded
side, outfall and cut-off drain. The material shall be compacted to form a flat or curved
surface preparatory to stone pitching of drainage channels, existing and new scour
checks as directed by the Engineer
The surface to receive the pitching shall be compacted and trimmed to slope and the
stone hand laid, interlocked and rammed into the material to give an even finished
surface. The interstices of the Pitching shall be rammed with insitu material. The insitu
material immediately behind the pitching shall be compacted to minimum density of
95% MDD compaction (AASHTO T180)
All backfilling material shall be selected backfill complying with the requirements for a
natural subbase material given in Clause 1203. Unless otherwise instructed by the
Engineer, all backfilling material shall be compacted to a minimum of 97% MDD
(AASHTO T180).
Page 212 of 292
SECTION 8 - CULVERTS AND DRAINAGE WORKS
All concrete works for culverts and other drainage structures shall be done in
accordance with Section 17 of the specifications
Amend as follows:
The operations specified in this section apply to the installation of drainage works and
reinstatement and improvement of the same.
- Installation of 600 mm, 900 mm or 1200 mm diameter pipe culverts using the
balloon casting technology or precast pipes rings.
- Desilting and cleaning of existing pipes and outfall drains to make them free
flowing.
(a) In paragraph 6, line 3, and in paragraph 7, line 5 and in paragraph 11, line 6,
"95% MDD (AASHTO T99)" and insert "97% MDD (AASHTO T180)".
Where instructed by the Engineer, the Contractor shall excavate and remove
existing culvert pipes and the void left after removal of culvert pipes shall be
widened as necessary to accommodate new concrete bedding, pipe and
haunching.
The void left by removal of pipes and end-structures shall be carefully preserved
in order to accommodate replacement with 600 mm, 900 mm or 1200 mm
diameter pipe culverts as directed by the Engineer.
In the Standard Specifications, Sub-clauses 805(a) and 805 (b) delete ""95% MDD
(AASHTO T99)" and insert "97% MDD (AASHTO T180").
In sub-clause 809(a), paragraph 1, line 1, substitute "95% MDD (AASHTO T99)" with
"97% MDD (AASHTO T180").
In sub-clause 809(c), paragraph 2, line 4, between the words "compacted" and "and
shaped" insert the words "to "97% MDD (AASHTO T180").
Hard material is material, which can be excavated only after blasting with explosives,
or barring and wedging or the use of a mechanical breaker fitted with a rock point in
good condition and operated correctly. Boulders of more than 0.2m3 occurring in soft
material shall be classified as hard material.
Where pipes are laid on a concrete bed the pipes shall be bedded on class 15/20
concrete at least 50mm thick, and extending the full width and length of the pipe
barrel.
In sub-clause 809(c), paragraph 2, line 4, between the words "compacted" and "and
shaped" insert the words "to 97% MDD (AASHTO T180)".
Bedding, Laying and Surround for Concrete Pipe Culverts Cast In-Situ
Measurement and payment for culverts cast in-situ by use of balloon method or any
other approved method shall be made per linear meter under the existing bill items.
The rates inserted shall allow for compaction of the bottom of excavation to 100%
MDD (AASHTO T.99) and the BRC mesh used.
Add as follows:
The concrete pipes for the culverts shall have ogee joints and will be jointed by 1:2
cement: sand mortar and provided with fillets on the outside as described in clause
810 of the Standard Specification.
Amend the Standard Specification line 1 of the second paragraph, to read as follows:-
All concrete for beds shall be of class 15/20 whilst concrete for surrounds and
haunches shall be of class 20/20 for cross drain culverts, complying with Section 17
of this Specification formed to the dimensions shown on the drawings or as instructed
by the Engineer.
812 BACKFILLING
Wherever the expression "dry density of 95% MDD (AASHTO T. 99)" occurs delete
and replace with "dry density of 97% MDD (AASHTO T180)".
The rates entered for laying of pipe culverts shall allow for backfilling to pipe culverts
and compacting to 97% MDD (AASHTO T180) and these works shall not be measured
and paid for separately.
812.1 Filter fabric for backfilling behind structures, drains and revetment works
The mesh size of the fabric shall be sufficient to effectively retain the material on which
it is placed but shall not be greater than 150 microns.
The fabric shall be installed in accordance with the manufacturer’s instructions. The
fabric shall be placed on levelled ground, with sharp rocks and other objects which are
likely to damage the fabric being removed and all pits and depressions being backfilled
and compacted.
The fabric shall be overlapped by a minimum of 300 mm and stitched at joints in such
a manner that the strength of the joints is at least 50 per cent of the strength of the
fabric.
No mechanical plant shall traffic over filter fabric unless a minimum thickness of 200
mm of fill material has been placed over the fabric.
Precast concrete invert block side drains and gulley chambers shall comply with the
requirements of BS 340, and shall be laid in accordance with the drawings.
Precast concrete invert block drains and side slabs shall be formed of concrete of the
class specified and to the dimensions shown on the drawing. Drains shall not normally
be laid to a radius of a curvature less than 10 times the bed width or a diameter of the
drain.
Invert block drains shall be constructed in the positions and to the levels and dimensions
shown on the drawings or as directed by the Engineer. The earth sides to such channels
shall be neatly finished to a slope of 1: 1 or such other slope as the Engineer may direct.
Invert block drains and side slabs shall be laid on 100 mm thick compacted approved
gravel material and neatly jointed with mortar consisting of 1:3 cement: sand by
volume.
Where instructed, the Contractor shall excavate, compact the excavated bed to 97%
MDD AASHTO (T180), backfill as necessary with selected material compacted to 97%
MDD AASHTO (T180) lay and joint invert block drains of 300mm diameter with two
side slabs.
A filter fabric shall be placed under, around and over rock fill of the sub-soil drains.
The provisions and placing of the fabric shall be in accordance with Clause 814 of the
817 MITRE DRAINS, CUT-OFF DRAINS, CATCHWATER DRAINS, SIDE DRAINS, CULVERT
OUTFALL DRAINS AND EARTH DAMS
In areas of existing side drains, mitre or outfall drains where such are blocked, the
Engineer shall instruct the Contractor to clean and clear the drains to free flowing
condition.
No extra payment will be made for cleaning of existing chains, and the costs shall be
included in other Bill items.
817.2 Channels
The Engineer may instruct that the Contractor provides open channels in place of
existing sub drains where the latter may be damaged or in any other place. The rates
entered by the Contractor in the Bill of Quantities must include for removal and disposal
of any sub drain material, excavation to line and level, backfilling and compaction as
directed by the Engineer.
The Contractor shall be responsible for removal from site of all materials excavated in
the course of undertaking works in this section of the specifications, unless suitable for
re-use, and deposit of the material in a spoil dump to be approved by the Engineer.
Where instructed, the Contractor shall desilt the existing pipe culverts by removing all
the material from the pipe to make them clean and free flowing.
No separate payment will be made for such work and provision should be included in
the rates.
The rate for concrete for each size of culvert instructed shall include for the
surround and for the bedding as instructed including the A193 BRC mesh and
shuttering, calculated from the dimensions given in the drawings or as directed
by the Engineer.
The rate shall also include for the cost of providing and placing the concrete and
complying with the requirements of Clauses 809, 810, 814, 819 and 1713 of the
Standard Specification.
The payment for the invert block drain shall include the cost of the bottom drain
and two side slabs and shall be measured in a linear metre.
Item : Geotextile
Unit : m2
The payment for the geotextile shall be in square metres and shall include the cost of providing
and placing as per the specifications or as instructed by the engineer
During the preparation of this Traffic Control Plan, the Contractor shall take
into consideration the following;
i) The Contractor shall conduct his operations in such a manner that no greater
length or amount of work is undertaken than he can efficiently carry out having
due regard to the rights and conveniences of the public and the requirements of
this Section.
ii) If the Contractor proposes a road closure, he shall provide an alternative routing
of the traffic, which must be approved by the Engineer.
iii) No revisions shall be made to the Traffic Control Plan without the prior
written approval of the Engineer and the Contractor shall allow fourteen (14)
days for the Engineer to review any request for revision of the Traffic Control
Plan.
iv) The Traffic Control Plan shall conform in all respects with the requirements of
this Specification.
The carriageway width of the deviations shall not be less than 6.5m wide and suitable
for 2-way lorry traffic unless otherwise specified.
c) Construction
Unless otherwise instructed gravel wearing course for the deviation shall be 150mm
compacted thickness. The materials shall have a minimum CBR of 20% at "97% MDD
(AASHTO T180"), Plasticity Index of less than 15% and grading class 1 as per Section
10 of the Standard Specification. The Contractor shall allow in his rate for removal
of any unsuitable material before placing of gravel wearing course, as this will not
be paid for separately.
The Contractor shall arrange for passage of traffic through the works during
construction whenever it is not practicable to make deviations. The contractor shall be
reimbursed in accordance with the standard specifications.
Any damage caused by passing traffic through the works shall be made good at the
contractor's own cost.
The Contractor shall provide signs, barriers and lights as shown in the drawings at the
locations where the traffic is being carried off the existing road to the deviation and back
again to existing road.
The Contractor shall provide ramps and carry out any other measures as instructed by
the Engineer to safely carry traffic from the road to deviation.
Contrary to what has been specified in this clause the road signs provided shall be fully
reflectorized and in conformity with clause 9.1 of the "Manual for Traffic Signs in Kenya
Part II".
In addition to provision of clause 909, the Contractor shall maintain close liaison with
the relevant authorities to clear any broken down or accident vehicles from the
deviations and the main road, in order to maintain smooth and safe flow of the traffic.
The Contractor shall be paid only 50% of the rate for this when he completes
deviation road to the satisfaction of the Engineer. The balance shall be paid in
equal monthly installments over the contract period, as he satisfactorily
maintains the deviation (as per clause 904 and 905 above) when it is in
operation.
The Contractor shall be paid only 50% of the rate for this when he completes
deviation to the satisfaction of the Engineer. The balance shall be paid in equal
monthly installments over the contract period, as he satisfactorily maintains the
deviation when it is in operation. The Contractor shall be paid full amount
when the bridge under construction will be in use.
The Contractor will be deemed to have included cost of this item in other items and
no separate payment shall be made.
1101 GENERAL
1.0m wide shoulders whose construction approach is detailed in the drawings shall be
constructed in accordance with sections 5, 12, 15 and 16 of the specifications as appropriate
Natural materials for base and subbase shall conform to the specifications given
in Section 12 of the Standard Specifications for cement or lime improved base
and subbase.
Natural material for subbase and base shall be measured by the cubic metre
placed and compacted upon the road calculated as the product of the compacted
sectional area laid and the length.
No extra payment will be made for haulage of gravel material as the overhaul
costs shall be deemed to have been factored in the rates inserted in the Bills of
Quantities
Treatment of GCS shall be carried out in accordance with Section 14 of the specifications
with the following additional guidelines
Properties
Graded Crushed Stone shall comply in all respects comply with Section13 of the
Standard Specifications and shall be stone Class B in accordance with Clause
1303(b)
Grading
The Maximum Aggregate Size of the material shall be 0/30mm in accordance
with Clause 1303(c)
b) Cement
Cement for treatment shall be CEM II, 42.5N Portland Cement manufactured to KS EAS
18-1: 2001 - Part 1, KS 1725: 2001 standards. The cement content of the treated
material shall be 2% by weight of the GCS
Page 225 of 292
c) Mixing
The material to be treated and the cement shall be mixed in an approved batching plant
Laying
Treated GCS shall be placed by using a self-propelled spreader finisher fitted with an
electronic level control device, and level control shall be from a tensioned wire supported
at every 5m intervals. The graded crushed stone shall be finished to the tolerances given
for base in Section 3 of these Specifications
Compaction
The moisture content of the treated material shall be as directed by the Engineer but
nevertheless within the range of 90% to 100% of the Optimum Moisture Content
(Vibrating Hammer Method). Minimum compaction shall be 97% MDD (Vibrating
Hammer Method)
Protection and curing shall be carried out in accordance with the provisions of Clause
1409 (i) of the Standard Specification. The treated GCS layer shall be kept continuously
damp by spraying with water for seven days after laying to be followed by application of
MC70 prime coat
Stabilizer
The provision of the stabilizer shall be measured by the tonne calculated as the specific
weight of stabilizer added to the material
1401.1 Cement
Cement for improvement shall be CEM II, 42.5N Portland Cement manufactured to KS
EAS 18-1: 2001 - Part 1, KS 1725: 2001 standards. The cement content for the treated
material shall be between 2-3% of the total weight of gravel to be improved. In adopting
the cement content for improvement care shall be taken to ensure that base quality
improved gravel for sub-base is avoided. The Engineer shall exercise his discretion to any
variation in the rate of application of the cement, which he may see fit to order from time
to time
Lime treatment will be as outlined in the Standard Specifications for road and bridge
construction. The lime content of the stabilized material shall be as indicated by the
Engineer.
The moisture content of the treated material shall be as directed by the Engineer but
nevertheless within the range of 95% to 105% of the Optimum Moisture Content
(AASHTO T180). Minimum compaction shall be 97% MDD (AASHTO T180")
1401.4 Mixing
The material to be treated and the cement shall be mixed in an approved batching plant
Compaction
The moisture content of the treated material shall be as directed by the Engineer but
nevertheless within the range of 95% to 105% of the Optimum Moisture Content
(AASHTO T 180). Minimum compaction shall be 95% MDD (AASHTO T 180)
Protection and curing shall be carried out in accordance with the provisions of Clause
1409 (i) of the Standard Specification. The treated sub-base layer shall be kept
continuously damp by spraying with water for seven days after laying to be followed by
laying of GCS base-Course
The provision of the stabilizer shall be measured by the tonne calculated as the specific
weight of stabilizer added to the material
Mix-in stabilizer
Mixing stabilizer into the material shall be measured by the cubic metre of treated
material calculated as the product of the compacted sectional area treated and the length.
PART A - GENERAL
1501A GENERAL
a) Chippings
10/14mm size pre-coated chippings at a spread rate of 80-100 square meters per cubic
meter as single seal.
0.8 - 1.2 l/m2 of 80/100 penetration grade bitumen (cut back or straight run)
for the single seal
For prime coat, the binder shall be a medium-curing cutback MC30 unless otherwise
directed by the Engineer
The rate of spray of bituminous prime coat refers to the gross volume of the cutback
bitumen, that is to say the volume of the bitumen plus dilutants
The rates of spray of the prime coat shall be as instructed by the Engineer and shall
generally be within the range 1.0-1.2 litres/square metre
Prime coat shall be applied to all gravel surfaces that are to receive asphalt concrete
The tack coat shall consist of bitumen emulsion K1-60 unless otherwise directed by the
Engineer.
Binder
The bituminous binder shall be 80/100 penetration grade bitumen (cut-back with
kerosene fuel in accordance with prevailing road temperatures or straight run), and
conforming to Clause 211 of the Standard Specification
The Contractor jointly with the Engineer shall carry out a minimum of five (5) bitumen
affinity tests on each single size aggregate stockpiles to be used into the works and if any
result is less than 95% coverage, then the binder shall be blended with ColAmin or
similar approved adhesive additive as per manufacturer’s instructions at 0.2 - 0.5% by
mass of binder. The Contactor shall propose optimum dosage of the adhesive additive by
carrying out bitumen affinity tests on the crushed aggregates for approval by the
Engineer
Chippings
Chippings shall be of class 2 material and shall comply in all respects with Clause 1502C
of the Standard Specification. The contractor’s attention is drawn to the requirements of
Clause 1502C and 1504C of the Standard Specification with regard to cleanliness and
dust content of chippings for surface dressing. Should it prove necessary in the
Engineer’s opinion to wash chippings, no extra payment will be made to the contractor
for this operation
Spray and Spread Rates for bitumen and chippings cannot be calculated until samples of
the chippings to be used are available for test
After submission of samples and completion of laboratory tests on chippings and binder,
the Contractor shall in the presence of the Engineer and the Chief Materials Engineer or
representatives, lay trial sections of seal at various rates of spray and spread as directed
by the Engineer and in accordance with clause 1503C of the Standard Specification.
Should any change occur in nature of source of chippings or bitumen, the Contractor
shall advice the Engineer accordingly who will then decide if any revisions are required
to the spray and spread rates
If any changes are required, the Contractor shall carry out further trials as instructed by
the Engineer
Payment for binder and chippings will be based on the instructed spray and spread rates
used which may not necessarily be those specified. The Engineer will specify the spray
rates of bitumen as residual bitumen per square meter. Actual spray rates used by the
Contractor must be adjusted to compensate for any cutter added
Chippings utilized for surface dressing works under this contract shall be pre-coated in
accordance with clause 1505C of the Standard Specification. The binder used for pre-
coating chippings shall be MC30 cut-back bitumen
The amount of bituminous binder used to pre-coat chippings will be as instructed by the
Engineer and will normally be between 0.4% and 1.0% residual bitumen as percentage
of the total dry weight.
Prior to laying any pre-coated chippings the Contractor shall prepare trial mixes of
bitumen and chippings in the presence of the Engineer. After completion of trial mixes
the Engineer shall issue written instructions to the Contractor indicating the amount of
binder to be added in pre-coated chippings. The Contractor shall maintain this
proportion unless the surface or nature of the chippings changes when the Contractor
shall repeat the trials and the Engineer will issue revised instruction.
No separate payments shall be made for the pre-coating exercise. The contractor shall
have included in his rates the cost of complying with this clause
Seal coats shall be measured by the litre, for each type of bituminous binder for each
seal coat, calculated as the product of the area in square metres sprayed and the rate
of application in litres/square metres instructed, corrected to 15.6 oC
(b) Chippings
Chippings shall be measured by the cubic metre of each nominal size for each class
calculated as the product of the area in square metres covered and the reciprocal of
the instructed rate of application in square metres/cubic metre or the actual rate of
application in square metres/cubic metre whichever calculation gives the lower
volume
All Bituminous mixes works shall be done in accordance with the standard specifications.
PART A – GENERAL
At least two months, prior to laying asphalt concrete, the contractor jointly with the
Engineer shall carry out design mixes STRICTLY complying with SUPERPAVE
requirements (clause 1602B, 1603B & 1604B) using approved constituent materials.
Should any changes occur in the nature or source of the constituent materials, the
Contractor shall advice the Engineer and a new mix design shall be established using
the procedure set above
a) Test materials designed in the laboratory so that a workable mix, which satisfies
the specification requirements, can be selected.
b) To enable the Contractor to demonstrate the suitability of his mixing and
compaction equipment to provide and compact the material to the specified
density and to confirm that the other specified requirements of the completed
asphalt pavement layer can be achieved.”
Delete the second and third paragraphs, then add the following:
Aggregate and bitumen shall each be heated to enter the mixing chamber at
temperatures selected within the range 150 to 170oC. The temperature of the stone
at entry to the mixing chamber shall not be more than 15oC higher than that of the
bitumen; the temperature of the bitumen shall be such that on entry to the mixer its
kinematic viscosity is in the range 150 – 300 centistokes. The temperature of the
aggregate and bitumen at entry into the mixing chamber shall be chosen within the
above limits and having regard to the prevailing air temperature and haulage
distance to ensure that the temperature of the mix is between 135oC and 165oC when
it is laid and not less than 120oC when rolling is commenced. If excessive
displacement occurs under the roller the minimum rolling temperature may be
reduced at the sole discretion of the Engineer.
The volume of the aggregate and bitumen shall not be so great as to extend above the
tips of the mixer blades when the blades are in vertical position. All overheated and
carbonised mixtures, which foam or show indication of moisture, will be rejected.
When moisture is detected in the finished mixture, all aggregates in the bins shall be
removed and returned to the stockpiles.
The mix shall be transported from the mixing plant to the spreader in trucks having
tight, clean, smooth beds, which have been treated to prevent adhesion of the mixture
to the truck bodies. Gasoline, kerosene, diesel fuel or other solvents shall not be used
for this purpose. Loads shall be covered by waterproof canvas or metal sheets during
wet weather. Vehicles shall be insulated when the air temperature and/or length of
haul make this necessary to maintain the temperature between the specified limits.
Any loads wetted excessively by rain will be rejected. Hauling over freshly laid
material will not be permitted.
Mixtures that have a temperature of less than 135oC when dumped into the spreader,
will be rejected. The spreader shall be adjusted and the speed regulated so that the
All joints shall present the same texture, density and smoothness as other areas of the
surfacing. The joints between old and new lanes or sections shall be carefully formed
in such manner as to ensure a continuous bond between the old and new pavement.
All contact surfaces at cold joints, joints with manholes, pits, etc. shall be coated with
a thin, uniform coat of MC70 or other medium curing bitumen.
Tests for conformity with the smoothness and levels specified shall be made by the
Contractor immediately after initial compaction and any deviations in excess of the
specified tolerances shall be corrected by loosening the hot surface with rakes and
removing or adding material as necessary before continuing the rolling. The speed
of the rollers shall not exceed 5 km/h and shall at all times be slow enough to avoid
displacement of the hot mixture. Any displacement of the mixture occurring as a
result of reversing the direction of the roller, or from any other cause, shall be
corrected at once by loosening the surface with rakes and re-rolling. Rolling of the
surfacing shall be continued until all roller marks are eliminated and the required
density is obtained.
The rollers shall not be permitted to stand on surfacing which has not been fully
compacted. Precautions shall be taken to prevent the dropping of oil, grease,
gasoline, or other foreign matter on any layer. The Contractor shall provide
competent workmen who are capable of performing all work incidental to the
correction of all surfacing irregularities.
After final rolling, no vehicular traffic of any kind shall be permitted for at least 24
hours.
Construction joints in the various pavement layers shall be staggered by at least the
following distances:
The Contractor shall produce a plan showing the position of all pavement
construction joints for approval by the Engineer before pavement construction
commences.
Transverse joints in DBM base, binder and wearing course shall be staggered by at
least 500mm. The roller shall pass over the unprotected end of the freshly laid
mixture only when laying of the surfacing is to be discontinued for such length of
time as to permit the mixture to become cold. Otherwise 500mm at the end of the
lane shall be left uncompacted.
Cold transverse joints shall be cut back to expose an even, vertical surface for the full
compacted thickness of the course and painted with medium curing cutback bitumen
The Contractor shall adjust any kerbs, gulley pots and chambers in accordance with
final finished road level before laying the final wearing course.
1614A TOLERANCES
Passing sieves between 1.0 mm and 3% (by total weight of dry aggregate
0.075 mm sieves including mineral filler)
Where the use of reinforcing for asphalt has been specified, the Contractor shall, at
least three months before the material is to be used, submit samples of the type he/she
intends to use, together with complete specifications of the material, load-strain
relationship of the material, as well as the manufacturer's instructions for use, to the
Engineer for approval. Where the material does not carry the mark of an
acknowledged standards authority, the Engineer may instruct the Contractor to have
the material tested by an approved laboratory and to submit the results.
1601B DEFINITION
Test
Pen Pen Pen
TEST Method
40/50 60/70 80/100
(ASTM)
Based on original bitumen
penetration
at 250C D5 40-50 60-70 80-100
Softening point (oC) D36 49-59 46-56 42-51
Flash point (oC) Min D92 232 232 219
Solubility in trichloroethylene (%) Min D 2042 99 99 99
TFOT heating for 5 hr at 1630C D 1754
The bitumen for asphalt concrete works shall be 80/100 penetration grade. The
Contractor jointly with the Engineer shall carry out a minimum of five (5) bitumen
b) Aggregate
The coarse aggregate shall be entirely crushed rock from a source which is known to
give high values of stability (>9kN) in the Marshall test. Crushed river gravel shall not
be used. Aggregates shall meet the requirements given in Table 16B-1(b) below
(Extracted from ORN 19, Table 4.1)
1. AASHTO T176
2. British Standard 1377: Part 2
3. British Standard 812: Part 105
4. British Standard 812: Part 110 to 114
5. ASTM C131 and C 535
6. British Standard 812: Part 2
7. AASHTO T104
Page 237 of 292
8. D Whiteoak (1990)
9. AASHTO T 182
10. AASHTO T 283
Fine aggregate (passing a 6.3mm sieve) shall consist of entirely crushed rock produced
from stone having a Los Angeles Abrasion of not more than 40%
Aggregates for bituminous mixes shall be stored in single size in separate bins or on areas
covered with tightly laid wood planks, sheet metal, hard compacted gravel, concrete or
other hard and clean surfaces. The surface shall be self draining, and in such a manner
that will preclude the inclusion of foreign material. Aggregates of different grades and
sizes and from different sources shall be stored in separate piles, and if these piles are
close together they shall be separated by bulk heads
For better workability of asphalt concrete designed to refusal density and for laying thickness of
50mm, the Maximum Aggregate Size (MAS) shall be limited to 19mm
The Contractor shall investigate number of grading so that a workable mix, which also retains
a minimum of 3% voids at refusal density, is identified. Restricted Zone boundaries shown under
table 3.3 of MS2 shall be used as guidance towards identifying a such a grading
In addition, under Marshall Mix Design Criteria, the mixture shall comply with the
requirements given in table 7.2, MS2
The proportion, by weight of total mixture, of bitumen shall be 4.5 - 6.0 % for 19mm MAS. This
shall be termed the nominal binder content. The binder content of the working mix will be
instructed by the Engineer following laboratory and site trials.
In order to determine the suitability of a coarse aggregate source, a Marshall test programme
shall be carried out. It will be advantageous to use crushed rock, which is known from past
experience to give good results
Having established the suitability of the aggregate source several grading shall be tested in the
laboratory, including that used for the Marshall test. The blended grading shall include coarse,
intermediate and fine grading that pass below the restricted zone, which shall increase the
degree of interlock. For each mix, samples shall be made up to a range of bitumen contents at
reducing interval of 0.25% from the nominal binder content and compacted using a gyratory
compactor. Compaction to refusal shall be by vibratory hammer in accordance with the
It should first be confirmed that compaction on one face of the sample gives the same refusal
density as when the same compaction cycle is applied to both faces of the same sample. The
procedure, which gives the highest density, must be used and shall be submitted to the Engineer
for approval
From the above bitumen content - VIM @ refusal density relationship, it shall be possible to
identify a bitumen content which corresponds to VIM of 3% for each grading.
To determine the workability of the mix, compaction trials should be undertaken in these
gradings with designed binder content @ 3% VIM. It is advisable to establish two or more
gradings for compaction trials
The compaction trials will identify a workable mix which can be made to a bitumen content
which gives 3% VIM at refusal density and meeting the SUPERPAVE mixture requirements. The
mixes identified in compaction trials should be manufactured to the laboratory design bitumen
content and to two other bitumen contents. Cores will be cut to determine the density of the
compacted material, this core will then be reheated to 145+/-50C in the appropriate mould and
compacted to refusal using the vibrating hammer. To be acceptable the cores cut from the
compaction trial must have a density equivalent to at least 95% of refusal density
The results of all the mix design options, laboratory and site trials for the adopted mix and the
Contractor’s recommendations are to be submitted to the Engineer for approval
Compaction should commence as soon as the mix can support the roller without undue
displacement of material and with the temperature of the mix >1200C, and completed before
the temperature of the mix falls below 900C.
1606B COMPACTION
Rolling shall be continued until compaction of the completed layer attains a minimum mean
value of 95% of refusal density (no value less than 93%) and until the voids measured in the
compacted layer are within the specified range as appropriate
After the wearing course has been trafficked and bitumen has hardened, the wearing course
shall be sealed with class 2, 10/14 mm pre-coated chippings in accordance with Clause 1505C.
The period of hardening will depend on the traffic level and should be such that the chippings
will not become embedded in the wearing surface. The Contractor will propose and the Engineer
will approve a section to be ready for sealing
1601C DEFINITION
Dense bitumen macadam produced from fresh materials shall comply with the
“SUPERPAVE” requirements given in clauses 1602B, 1603B, 1604B, 1605B, 1606B
and 1608B of these Special Specifications, except where modified below.
For Marshall Mix Design Criteria, Modified Marshal Method for large aggregates
shall be adopted as detailed under section 7.5 of MS2
All materials shall comply with the requirements of Section 1703 of the standard
specifications.
Cement for all concrete works shall be CEM I, 42.5N Portland Cement
manufactured to KS EAS 18-1: 2001 - Part 1, KS 1725: 2001 standards
The following classes of concrete shall be designed and mix proportions approved
for use as follows:
▪ Class 15/20 for all blinding to structures and precast pipe culvert beds
and surrounds
▪ Class 30/20 for bridge all bridge members: abutments, piers, beams and
deck
The payment for such finishes shall paid in accordance with the standard
specifications and as captured in the bills items.
The payment for such finishes shall paid in accordance with the standard
specifications and as captured in the bills items.
1728 REINFORCEMENT FOR CONCRETE
All reinforcement to concrete shall be hot rolled high yield deformed bars
complying with BS 4449 and steel mesh fabric to BS 4483
a) Item: Concrete
Amend clause 1741 (a) (iv) of standard specifications to read “class UF 3 finish”
a) Steel
EN ISO 898-1
EN 20898-2
EN 14399-1, EN 14399-2
EN 14399-4
EN 14399-6
EN ISO 4017
EN ISO 4034, EN ISO 4032
DIN 7989-1
EN ISO 4026 DIN 976-1 DIN 125 DIN 529
(c) Galvanizing
(d) Elastomer
EN 1337-3
Road reserve boundary posts shall be provided as directed by the Engineer and
in compliance with Standard Specification clause 2001. They shall be placed
at 100m intervals along the boundary of the road reserve.
Edge marker posts shall be Verge Master MK 111 plastic posts manufactured
by Glasdon Ltd. of Blackpool UK or equivalent approved by the Engineer. They
shall be provided as directed by the Engineer and in compliance with the
requirements of Standard Specification clause 2003
The posts for the signs shall be cylindrical galvanised wrought iron tubes of
minimum 75mm diameter and vandal-proofed by in-filling with concrete
class 15/20.
The sign plates shall be made from approved metal or plastic sheet 3mm thick
and vandal-proofed by the drilling of 3mm diameter holes at 100mm centres
The rate inserted for the signs shall include for all the costs of complying with
this clause.
Where directed by the Engineer, the Contractor shall take down road signs
including all posts, nuts, bolts and fittings, and remove and dispose of the
concrete foundation and backfill the post holes. The signs shall be stored as
directed by the Engineer.
Measurement and payment for taking down road signs shall be made by the
number of signs of any type and size taken down, cleaned and stored as
directed.
2006 GUARDRAILS
Guardrail posts shall be concrete 210 x 210 mm set vertically at least 1.2m
into the shoulder as per the drawings and as directed by the Engineer.
The rate inserted shall include for provision of the flex beams, posts, Swareflex
reflectors, flex beam end bits and installation in accordance with the standard
specifications and drawings.
2007 KERBS
The transition between flush and raised kerbs (e.g. at bus bays) shall
be termed as ramped kerbs and shall occur within a length of 2.0m
2011 BOLLARDS
Where directed by the Engineer, the contractor shall provide and install class
20/20 200mm diameter reinforced concrete bollards concreted 300mm into
the ground.
The contractor shall have the source of the bearings approved by Engineer and shall
provide the engineer with a sample as shall be instructed for destructive testing.
Upon importation of the bearings the engineer shall do random sampling for
another sample for destructive testing to confirm the quality of the bearings to be
used on the bridge.
The contractor shall make provision for the samples and their testing in his rates for
other bearings since no separate payment shall be made for the test samples and
their testing.
The bridge crush barriers shall be of reinforced concrete as shown on drawings and
shall be of the same concrete specification as for the concrete deck slab.
Their measurement and payment shall be in cubic metres under the relevant item
under bill number 17.
(a) Plant
Where items of major plant listed in the schedule of Day works are specified
by type (e.g. Concrete mixer etc.) the power rating of such items of plant
provided by the Contractor shall not be lower than the power ratings of such
plant manufactured within the last two years prior to the date of BID. Any
item of major plant employed upon Day works that has a power rating lower
than specified above shall be paid for at rates lower than those in the schedule
of Day works. The reduction in the rate payable shall be in proportion to the
reduction in power rating below that specified above.
2501 SCOPE
This specification sets out the Contractor’s obligations with regard to on-site
HIV/AIDS awareness campaign and preventive measures which are to be
instituted.
The project will involve both local labour and other contractor’s
labour. It is a contractual requirement for the Contractor to carry out
HIV/AIDS awareness and prevention activities during the construction
period as stipulated in this specification.
Objective
The objective of the HIV/AIDS training programme is to reduce the
risk of exposure to and spread of the HIV virus in the area influenced
by the construction. The target group will be local labourers and their
supervisors employed by the works contractors. The wider community
will benefit indirectly through their normal day-to-day interaction
with the target group.
Scope of activities
Activities for HIV/AIDS awareness and prevention will be broad-
based, targeting both individuals and groups. They may consist of:
(i) Information posters in public places, both on and offsite (eating
houses, bars, guest houses, etc.) and on contractor’s vehicles.
(ii) Availability of socially marketed condoms.
(iii) Peer educators (reference people) drawn from the local labour
and educated in HIV/AIDS issues for discussions with colleagues
(estimate 1 per 50 employees).
(iv) Small focus group discussions to disseminate information
covering key issues.
(v) Theatre groups and video presentations.
(vi) Promotional events (such as football matches) to encourage
openness and discussion of HIV/AIDS issues.
(vii) Promotional bill boards to raise awareness of the integration of
construction and HIV/AIDS activities.
(viii) Inclusion of HIV/AIDS activities at site meetings with the District
Aids Committee and other approved representatives.
(ix) Availability of promotional materials such as T-shirts, caps,
bumper stickers, key rings, etc.
Collaboration
HIV/AIDS activities are co-ordinated nationally by the National Aids
Control Council (NACC). KeNHA, in consultation with NACC and the
Ministry of Health (MOH), will co-ordinate with the provincial,
district and local representatives. Representatives of local health
authorities will be invited to attend training and communication
activities.
Contractor Responsibilities
The Contractor will employ and designate a qualified HIV/AIDS expert
fulltime, to be approved by the Engineer, who will work closely with
the Client, MOH and other implementing agencies to support the
HIV/AIDS awareness and prevention activities. This will ensure
maximum effectiveness and integration with construction activities.
Specific, but not exclusive, issues to be addressed by the Contractor are:
(i) Scheduling appropriate timing and durations of the
implementation of HIV/AIDS activities as part of work plan for
labourers and supervisors. Designated rest times such as lunch
breaks and pay days should be excluded.
(ii) Identification of suitable individuals from recruitment records
for education with the implementing organization.
(iii) Provision of suitable sites for communication activities
and for condom distribution.
(iv) Monitoring of the implementation of peer educator activities.
(v) Provision of support as necessary to the implementing
organization.
Inputs
An organization experienced in the provision of HIV/AIDS awareness
and prevention activities will be selected as a subcontractor to provide
the above scope of activities on behalf of the main Contractor.
Reporting
The implementing organization will produce the following reports to
be submitted to the Contractor, The Engineer, KeNHA and NACC:
- monthly progress briefs for inclusion in site meetings.
- quarterly reports detailing activities carried out, issues, follow
up, etc.
- a review report of activities in the road construction sector,
- a review report of existing IEC materials with
recommendations for development of materials specifically for
the road sector.
- a final report detailing the methodology and activities carried
out under this project including lessons learnt, impact, liaison
with the Contractor and other parties, etc.
In addition, a report with the recommended approach for integration
of HIV/AIDS awareness and prevention activities in the road
construction sector will be produced. This will be a synthesis of project
Timing
Activities shall commence at the start of the construction period and
continue through-out the 24 months to ensure a sustained impact.
Reporting and dissemination activities shall continue for three months
after the project is completed to ensure integration into current
practice.
The payment items in this clause shall include full compensation for all work
associated with the provision of HIV/AIDS related services as specified.
Red Book:
© FIDIC 1999. All rights reserved.
The Conditions of Contract are the “General Conditions” which form part of the “Conditions of Contract
for Construction for Building and Engineering Works Designed by the Employer (“Red book”) First
Edition 1999” published by the Federation Internationale Des Ingenieurs – Conseils (FIDIC) and the
following “Particular Conditions” which comprise of the amendments and additions to such General
Conditions.
An original copy of the above FIDIC publication i.e. “Conditions of Contract for Building and Engineering
Works Designed by the Employer” must be obtained from FIDIC.
Email : [email protected]
www.fidic.orghttp://www.fidic.org/
Replace the text of the first sentence under the third paragraph under Sub-clause 4.2 with the
following:
The Contractor shall ensure that the Performance Security is valid and enforceable until a date 28 days
after the date of issue of the Performance Certificate.
Add the following after the fifth paragraph:
The Employer shall be at liberty to claim part or the entire performance Security without informing or
notifying the Contractor provided that the conditions necessitating the claim are contractual.
Any additional unskilled labour which is required by the Contractor for the works, and which is not in
his employment schedule at the time of the acceptance of the Tender shall be recruited by the
Contractor from the Labour Exchange or Exchange or Exchanges nearest to the site or sites of the
work.
Within the date mentioned in the Appendix to the Form of Bid of the date of the Letter of Acceptance,
the Contractor shall submit to the Engineer for consent a detailed Programme showing the order,
procedure, and method for carrying out the Works. The Programme shall include:
The Contractor's methodology and arrangements for executing the Works, including plant, manpower,
resources, and temporary works.
The submission and consent of the Programme shall not relieve the Contractor of any duties or
responsibilities under the Contract.
If the Contractor fails to submit the Programme or a revised Programme within 28 days, the Employer
may deduct Kshs. 50,000 per day as liquidated damages until the Programme is submitted.
The Contractor shall programme, coordinate, and phase all Works, including those of other
contractors if any, to ensure compliance with the Contract completion dates.
The Engineer may instruct the Contractor to amend the Programme to reflect site conditions. The
Contractor shall comply with such instructions within 14 days.
The Programme shall be in Critical Path Method (CPM) format, identifying critical activities and
showing the relationship between early and late start/finish dates. The Programme shall align with the
specified Project end date.
The Contractor shall bear all expenses and responsibility for delays resulting from its failure to
prepare, provide, or approve the Programme.
The Project float, defined as the time between early and late start/finish dates of any activity in the
approved Programme, is jointly owned by the Employer and the Contractor.
If the actual progress of the Works does not conform to the approved Programme, the Contractor shall,
within 14 days of the Engineer's request, submit a revised Programme showing modifications
necessary to ensure completion within the Time for Completion.
If the Contractor falls behind schedule, it shall take steps to improve progress and submit revised
Programmes demonstrating compliance with Milestone dates, without additional cost to the Employer.
Failure to comply with this Sub-clause, following written notice from the Engineer, shall entitle the
Employer to enforce this requirement.
The Contractor shall submit a detailed Cash Flow Estimate together with the PoW of receiving the
Letter of Acceptance. Any resubmission required shall be made within 28 days of the Engineer's
written notice.
• An S-Curve showing cumulative progress of work done (in % of work) against time (in weeks).
Failure to comply with this Sub-clause, following written notice from the Engineer, shall entitle the
Employer to enforce this requirement through the “Penalty for Delay” provision.
The Contractor shall submit the following reports during the execution of the Works:
For unjustifiable delay in submission, the Employer may deduct Kshs. 50,000 per day as liquidated
damages.
The Contractor shall allow in his programme all published Kenya public holidays including but not
limited to the following per calendar year during which the Contractor shall not be permitted to
work.
• New Year’s Day (1st January)
• Good Friday
• Easter Monday
• Idd ul fitr
• Labour Day (1st May)
• Madaraka Day (1st June)
• Mazingira Day (10th October )
• Mashujaa Day (20th October)
• Jamhuri day (12th December)
• Christmas Day (25th December)
• Boxing Day (26th December)
The Employer shall NOT pay any bonus for early completion of the Works to the Contractor.
TABLE OF FORMS
FORM No. 1 - NOTIFICATION OF INTENTION TO AWARD
FORM No. 2 - NOTIFICATION OF AWARD - LETTER OF ACCEPTANCE
FORM No. 3 - CONTRACT AGREEMENT
FORM No. 4 - PERFORMANCE SECURITY [Option 1 - Unconditional Demand Bank Guarantee]
FORM No. 5 - ADVANCE PAYMENT SECURITY
FORM No. 6 - RETENTION MONEY SECURITY
[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]
FORMAT
[IMPORTANT: insert the date that this Notification is transmitted to Tenderers. The Notification
must be sent to all Tenderers simultaneously. This means on the same date and as close to the same
time as possible.]
Date of Transmission:
This Notification 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:
Name: [insert name of successful Tenderer] Address: [insert address of the successful Tenderer]
Contract price: [insert contract price of the successful Tender]
2. Other Tenderers: 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.]
DEADLINE: The deadline to request a debriefing expires at midnight on [insert date] (local time).
You may request a debriefing in relation to the results of the evaluation of your Tender. If you decide
to request a debriefing your written request must be made within three (3) Business Days of receipt
of this Notification of Intention to Award. Provide the contract name, reference number, name of the
Tenderer, contact details; and address the request for debriefing as follows:
If your request for a debriefing is received within the 3 Business Days deadline, we will provide the
debriefing within five (5) Business Days of receipt of your request. If we are unable to provide the
debriefing within this period, the Standstill Period shall be extended by five (5) Business Days after
the date that the debriefing is provided. If this happens, we will notify you and confirm the date that
the extended Standstill Period will end. The debriefing may be in writing, by phone, video conference
call or in person. We shall promptly advise you in writing how the debriefing will take place and
confirm the date and time.
If the deadline to request a debriefing has expired, you may still request a debriefing. In this case, we
will provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business
Days from the date of publication of the Contract Award Notice.
Provide the contract name, reference number, name of the Tenderer, contact details; and address the
Procurement- related Complaint as follows:
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.
a) 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.
b) The complaint can only challenge the decision to award the contract.
c) You must submit the complaint within the period stated above.
d) You must include, in your complaint, all of the information necessary to support your case.
e) The application must be accompanied by the fees set out in the Procurement Regulations,
Page 269 of 292
which shall not be refundable (information available from the Public Procurement
Authority at www.ppoa.go.ke.
3. Standstill Period
a) DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local time).
i) The Standstill Period lasts ten (14) Days after the date of transmission of this
Notification of Intention to Award.
ii) The Standstill Period may be extended as stated in Section 4 above.
If you have any questions regarding this Notification please do not hesitate to contact us. On behalf of
Name
Signature
Date
Letter of Acceptance
Entity] [date]
FORMAT
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 SCC] 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 our Agency.
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 X, Contract Forms, of the tender document.
Authorized
Signature: Name
and Title of
Signatory: Name of
Agency:
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.
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 by
Signed by
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
1. We have been informed that (herein after called "the Applicant") has entered into
Contract No. dated with the Beneficiary, for the execution of
(herein after called "the Contract").
3. At the request of the Applicant, we as Guarantor, here by irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ( ),1 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 this office indicated above on or
before that date.
5. The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six
months] [one year], in response to the Beneficiary's written request for such extension, such
request to be presented to the Guarantor before the expiry of the guarantee.”
__________________________________________________________________________
[Name of Authorized Official, signature(s) and seals/stamps]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted
from the final product.
1The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount
specified in the Letter of Acceptance, less provisional sums, if
any, and denominated either in the currency(cies) 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. In preparing this guarantee, the Procuring Entity might consider adding the
following text to the form, at the end of the pen ultimate paragraph: “The Guarantor agrees to a one-
Page 273 of 292
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.”
code]
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 (herein after called “the Applicant”) has entered into
Contract No. dated with the Beneficiary, for the execution of
(herein after called" the Contract").
3. At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of (
1
) upon receipt by us of the Beneficiary's complying demand supported by the Beneficiary's
statement, whether in the demand itself or in a separate signed document 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
th e Works; or
b) has failed to repay the advance payment in accordance with the Contract conditions,
specifying the amount which the Applicant has failed to repay.
4. A demand under this guarantee may be presented as from the presentation to the Guarantor of
a certificate from the Beneficiary's bank stating that the advance payment referred to above has
been credited to the Applicant on its account number at
5. The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Applicant as specified in copies of interim statements or
payment certificates which shall be presented to us. This guarantee shall expire, at the latest,
upon our receipt of a copy of the interim payment certificate indicating that ninety (90) percent
of the Accepted Contract Amount, less provisional sums, has been certified for payment, or on
the day of ,2 ,2 whichever is
earlier. Consequently, any demand for payment under this guarantee must be received by us at
this office on or before that date.
6. The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six
months] [one year], in response to the Beneficiary's written request for such extension, such
request to be presented to the Guarantor before the expiry of the guarantee.
Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.
1 The Guarantor shall insert an amount representing the amount of the advance payment and
denominated either in the currency(ies) of the advance payment as specified in the Contract, or in a
Page 275 of 292
freely convertible currency acceptable to the Procuring Entity.
2Insert the expected expiration date of the Time for Completion. The Procuring Entity should note
that in the event of an extension of the time for completion of the Contract, the Procuring Entity would
need to request an extension of this guarantee from the Guarantor. Such request must be in writing
and must be made prior to the expiration date established in the guarantee. In preparing this
guarantee, the Procuring Entity might consider adding the following text to the form, at the end of
the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a
period not to exceed [six months] [one year], in response to the Beneficiary's written request for such
extension, such request to be presented to the Guarantor before the expiry of the guarantee.”
[Guarantor letterhead]
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] (herein after 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] (herein after 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 account 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 foot notes) is for use in preparing this form and shall be
deleted from the final product.
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. 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 Tenderer by meeting one or more of the following conditions:
OR
ii) We declare that there is no Beneficial Owner meeting one or more of the following
conditions: directly or indirectly holding 25% or more of the shares. Directly or indirectly
holding 25% or more of the voting rights. Directly or indirectly having the right to appoint a
majority of the board of directors or equivalent governing body of the Tenderer.
OR
We declare that we are unable to identify any Beneficial Owner meeting one or more of the following
conditions. [If this option is selected, the Tenderer shall provide explanation on why it is unable to
identify any Beneficial Owner]
Directly or indirectly holding 25% or more of the shares. Directly or indirectly holding25% or
more of the voting rights.
Directly or indirectly having the right to appoint a majority of the board of directors or
equivalent governing body 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]
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]
SUPERVISION CHECKLIST
Supervision Check List
TENDER DOCUMENT FOR UPGRADING TO BITUMEN STANDARDS OF KAKAMEGA
Project Name: AIRSTRIP – SHINYALU – CHEPSONOI (B12) ROAD Date Signatures
1. This check list is for Resident Engineer to check Contractor’s work execution process. The Engineer's
Representative
2. Fill in date of checking as (day/month), mark as indicated in Filling Example, and state remarks. (Project Engineer)
Date Date Date Date Date Date Date Date Date Date Reason for unsatisfactory
performance (Site diary No.)
Item Check Point Corrective order by authority
(Date)
/ / / / / / / / / /
Excellent point to be
specified
1 Execution Works
system in Execution
general Programme
1-1 (including its
revised
version if
any) is
submitted
before the
date
specified in
contract
document
Works
Execution
Programme
properly
1-2 reflects the
given
specification
s and site
conditions
Execution
procedures
are in
1-3 accordance
with Works
Execution
Programme
2 2-1
All
equipment
used are
properly
mobilized in
accordance
with Works
Equipmen Execution
t holding Programme
All
equipment
used is well
2-2 maintained
during the
execution of
works
3 Contracto Qualified
r’s in- technical
house staff of
staff 3-1 Contractor
are properly
assigned as
specified in
Works
Execution
Programme
Contractor’s
in-house key
staff
3-2 understand
work process
and schedule
properly
Contractor’s
in-house
staff give
technical
guidance and
3-3
direction to
workers and
operators
properly and
timely
Communicat
ions with
3-4
authority in
writing is
properly and
timely
4 Personele Workers and
mployme operators are
nt deployed in
4-1 accordance
with Works
Execution
Programme
Wage
payment is
4-2 properly
made on
time
5 Site base Office and
facilities stockyard
are prepared
in
5-1
accordance
with Works
Execution
Programme
Site is well
maintained
during the
work
5-2
execution
and cleared
on
completion
Material
stored on site
is properly
5-3 managed
during the
work
execution
6 Quality Material
and testing,
quantity structural
managem examination,
ent 6-1 and
measuremen
ts are
properly and
PERIODICl
y conducted
based on
specification
s and Works
Execution
Programme
Results of
material
testing,
structural
examination
6-2 and
measuremen
ts are within
the
specification
s.
Results of
material
testing,
6-3 structural
examination,
and
measuremen
ts are
properly
compiled as
reports for
confirmation
7 Work Understandi
schedulin ng of critical
g path and its
7-1
reflection on
scheduling is
proper
Actual
proceedings
are
periodically
compared to
7-2 the planned
schedule
described in
Works
Execution
Programme
7-3
Changes
caused by
site
conditions
are properly
handled to
keep things
on schedule
All works
are
completed
within the
7-4 contract term
or within the
extended
term as
allowed
8 Work No accident
safety occurs to
managem 8-1 workers,
ent operators, or
third-parties.
8-2
Safety of
workers and
operators is
considered
Accident
prevention
8-3 efforts for
third-parties
are proper
Traffic and
site safety
devices are
8-4
properly
installed and
managed
Temporary
facilities
(e.g.
8-5 scaffolding)
are
constantly
checked
9 Environm Environment
ental and al and social
social mitigation
managem efforts (e.g.
ent against
9-1
noise,
vibration,
emission,
and dust ) are
conducted
Waste
material
9-2 from site is
properly
disposed
Damage to
existing
roads, works
and services
9-3
is avoided or
are repaired
when it
occurs
No
overloading
for work-
9-4
related
vehicles is
reported
Filling Example: ✓Check point is satisfactory ■ Check point is unsatisfactory N/A Not applicable