KENYA PORTS AUTHORITY
TENDER NO. KPA/095/2013-14/EE
SUPPLY, INSTALLATION AND
COMMISSIONING OF 2NO. NEW
PANORAMIC LIFTS AND ASSOCIATED CIVIL
WORKS AT BANDARI COLLEGE
TENDER DOCUMENT
MARCH 2014
TENDER NO. KPA/095/2013-14/EE – SUPPLY, INSTALLATION AND COMMISIONING OF 2 NO PANORAMIC LIFTS AND
ASSOCIATED CIVIL WORKS AT BANDARI COLLEGE
TABLE OF CONTENTS
TABLE OF CONTENTS .......................................................................................................................................... 2
ABBREVIATIONS AND ACRONYMS ................................................................................................................. 4
SECTION I:
INVITATION FOR TENDERS (IFT) ........................................................................................ 5
VISION, MISSION, & CORE VALUES ................................................................................................................ 7
HEALTH, SAFETY AND ENVIRONMENT POLICY STATEMENT .............................................................. 8
SECTION II: INSTRUCTIONS TO TENDERERS (ITT) ................................................................................... 9
Scope of Tender ............................................................................................................................................................. 10
Source of Funds ............................................................................................................................................................. 10
Eligible Tenderers ......................................................................................................................................................... 10
One Tender per Tenderer .............................................................................................................................................. 11
Alternative Tenders by Tenderers .................................................................................................................................. 11
Cost of Tendering .......................................................................................................................................................... 11
Site Visit and Pre-Tender Meeting ................................................................................................................................ 11
TENDERING DOCUMENTS .................................................................................................................................................... 12
Content of Tendering Documents .................................................................................................................................. 12
Clarification of Tendering Documents .......................................................................................................................... 13
Amendments of the Tendering Documents..................................................................................................................... 13
PREPARATION OF TENDERS ................................................................................................................................................. 13
Language of Tender ....................................................................................................................................................... 13
Documents Constituting the Tender .............................................................................................................................. 14
Documents Establishing Eligibility and Qualifications of the Tenderer ....................................................................... 14
Form of Tender .............................................................................................................................................................. 15
Tender Prices ................................................................................................................................................................ 15
Tender Currencies ......................................................................................................................................................... 15
Tender Validity Period .................................................................................................................................................. 15
Tender Security and Tender Securing Declaration ....................................................................................................... 16
Format and Signing of Tender....................................................................................................................................... 17
SUBMISSION OF TENDERS.................................................................................................................................................... 17
Sealing and Marking of Tenders ................................................................................................................................... 17
Deadline for Submission of Tenders .............................................................................................................................. 18
Late Tenders .................................................................................................................................................................. 18
Modification, Substitution and Withdrawal of Tenders ................................................................................................. 18
OPENING AND EVALUATION OF TENDERS ........................................................................................................................... 19
Opening of Tenders ....................................................................................................................................................... 19
Confidentiality ............................................................................................................................................................... 20
Clarification of Tenders ................................................................................................................................................ 20
Preliminary Examination of Tenders............................................................................................................................. 20
Correction of Errors ...................................................................................................................................................... 21
Conversion to Single Currency...................................................................................................................................... 21
Comparison of Tenders ................................................................................................................................................. 22
National Preference....................................................................................................................................................... 22
Determination of the winning evaluated Tender ........................................................................................................... 22
Post-qualification of Tenderer....................................................................................................................................... 22
AWARD OF CONTRACT ........................................................................................................................................................ 22
Criteria of Award .......................................................................................................................................................... 22
Clarifications ................................................................................................................................................................. 23
Procuring Entity’s Right to Accept any Tender and to Reject any or all Tenders ......................................................... 23
Procuring Entities Right to Vary Quantities at the Time of Award ............................................................................... 23
Notification of Award .................................................................................................................................................... 23
Signing of Contract........................................................................................................................................................ 24
Performance Security .................................................................................................................................................... 24
Advance Payment .......................................................................................................................................................... 24
Adjudicator .................................................................................................................................................................... 24
REVIEW OF PROCUREMENT DECISIONS ............................................................................................................................... 25
Right to Review .............................................................................................................................................................. 25
Time Limit on Review .................................................................................................................................................... 25
Submission of Applications for Review by the Public Procurement Administrative Review Board .............................. 25
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Decision by the Public Procurement Administrative Review Board ............................................................................. 25
Appeal on the decision of the Review Board ................................................................................................................. 26
SECTION III: TENDER DATA SHEET............................................................................................................. 27
SECTION IV: GENERAL CONDITIONS OF CONTRACT ............................................................................ 36
PART I – GENERAL CONDITIONS ................................................................................................................... 36
PREAMBLE TO GENERAL CONDITIONS .................................................................................................................. 37
PART II – SPECIAL CONDITIONS OF CONTRACT...................................................................................... 40
4 LANDING DOOR .............................................................................................................................................. 47
SECTION VI: DRAWINGS.................................................................................................................................. 57
SECTION VII: BILLS OF QUANTITIES .......................................................................................................... 59
TENDER-SECURING DECLARATION (MANDATORY) ............................................................................................................ 73
LETTER OF ACCEPTANCE .................................................................................................................................................... 79
CONTRACT DATA SHEET ..................................................................................................................................................... 80
FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF ......................... 82
SECTION IX: FORMS OF SECURITY ............................................................................................................. 84
TENDER SECURITY GUARANTEE ......................................................................................................................................... 84
PERFORMANCE BANK GUARANTEE [UNCONDITIONAL] ...................................................................................................... 85
BANK GUARANTEE FOR ADVANCE PAYMENT ..................................................................................................................... 86
SECTION X: APPLICATION TO PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD .. 87
APPENDIX TO TENDER ...................................................................................................................................... 89
SPECIAL STIPULATIONS ................................................................................................................................... 89
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ABBREVIATIONS AND ACRONYMS
CDS
Contract Data Sheet
GCC
General Conditions of Contract
IFT
Invitation for Tender
ITT
Instruction to Tenderers
PE
Procuring Entity
PM
Project Manager
PPDA 2005
Public Procurement and Disposal Act, 2005
PPDR 2006
Public Procurement and Disposal Regulations, 2006
PPOA
Public Procurement Oversight Authority
STD
Standard Tender Documents
SOR
Statement of Requirements
SP
Service Provider
TDS
Tender Data Sheet
VAT
Value Added Tax
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SECTION I:
INVITATION FOR TENDERS (IFT)
Invitation for Tenders
Tender No. KPA/095/2013-14//EE
Tender Name: SUPPLY, INSTALLATION AND COMMISSIONING OF 2 NO PANORAMIC
LIFTS AND ASSOCIATED CIVIL WORKS AT BANDARI COLLEGE
1. The Kenya Ports Authority now invites sealed tenders from eligible electrical contractors
registered with Ministry of Energy’s ERC Class A2 and National Construction Authority
Specialist Contractors Minimum NCA 5 or above for carrying out the SUPPLY,
INSTALLATION AND COMMISSIONING OF 2 NO PANORAMIC LIFTS AND
CONSTRUCTION OF LIFT SHAFTS AT BANDARI COLLEGE.
2. Tendering will be conducted through the National Competitive Bidding procedures specified
in the Public Procurement and Disposal Act, 2005 and the Public Procurement and Disposal
Regulations, 2006 and Amendment Regulations (2013) Nos. 106 and 114 and are open to all
Tenderers as defined in the Regulations.
3. Interested eligible Tenderers may obtain further information from and inspect the Tendering
Documents at the offices of the Head of Procurement & Supplies located on the 4th floor of
office Block 3 at the Kenya Ports Authority Headquarters, Kilindini Kipevu from MONDAY
TO FRIDAY (BETWEEN 0800 HOURS AND 1600 HOURS inclusive) except on public
holidays and Sundays.
4.
A complete set of Tender Document(s) can be obtained/ purchased by interested Tenderers at
the address given under paragraph 8 below and upon payment of a non-refundable fee of
Kshs. 1,000.00 in cash or Bankers Cheque payable to Kenya Ports Authority.
5. The document can also be viewed and downloaded from the KPA website www.kpa.co.ke at
no fee. Bidders who download the tender document from the website must forward their
particulars immediately for records and communication of any further tender clarifications or
addenda. Enquiries can be made via email address: ctcsecretary@kpa.co.ke fax number
+25422 2226721.
Bidders are advised to regularly visit the KPA website to obtain any additional
information/addendum on the tender.
6. There shall be a pre-planned site visit on Thursday, 10th April, 2014 starting from
1000Hours. Interested and eligible candidates shall be required to gather at the Bandari
College Amphitheatre located in Bandari College. All bidders shall be required to sign an
attendance register as evidence of having participated in the site visit. Bidders who shall not
turn up for the pre – planned site visit shall make their own arrangements to visit the site.
Non – attendance shall not lead to disqualification.
7. The amount of Tender Security shall be Kenya Shillings Two Hundred Thousand (Kshs.
200,000.00) in the form of a Banker’s guarantee or an Insurance Company Guarantee issued
by an insurance firm approved by the Public Procurement Oversight Authority (PPOA), cash,
letter of credit or guarantee by a deposit taking microfinance institution, Sacco society, the
Youth Enterprise Development Fund or the Women Enterprise Fund valid for 120 days from
the date of tender opening in the format provided in the tender document.
8. All Tenders in one original plus 2 (Two) copies, properly filled in, and enclosed in plain
envelopes must be delivered to the address below:
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THE SECRETARY
CORPORATION TENDER COMMITTEE
KENYA PORTS AUTHORITY
KIPEVU HEADQUARTERS 4TH FLOOR
FINANCE BLOCK III, DOOR BLK-3.4.3
KILINDINI MOMBASA
Phone: +254 (41) 2113600/ 2113999
Fax: +254 (41) 2226721
E-mail: ctcsecretary@kpa.co.ke
a. Tender Box No. 7 located at the BUS TERMINUS, PORT MAIN PEDESTRIAN
GATE NO.8, KILINDINI, MOMBASA BEFORE 1000 HOURS ON
THURSDAY, 24TH APRIL, 2014
b. Bulky tenders shall be submitted at the office of the Head of Procurement &
Supplies located on the 4th floor of office Block III at the Kenya Ports Authority
Headquarters, Kipevu, Kilindini Mombasa 1000 HOURS ON THURSDAY,
24TH APRIL, 2014.
9. Tenders will be opened promptly thereafter in the presence of Tenderers’ representatives who
choose to attend the opening from 1030Hours at the Procurement Conference Room located
at the New Service Area (Kapenguria), in the former Supplies Accounts office. Late or
incomplete tenders shall not be accepted.
10. Canvassing or lobbying for the tender shall lead to automatic disqualification.
Yobesh Oyaro
HEAD OF PROCUREMENT AND SUPPLIES
FOR: MANAGING DIRECTOR
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VISION, MISSION, & CORE VALUES
Vision
World class seaports of choice.
Mission
To facilitate and promote global maritime trade through the provision of competitive port
services.
Values
Customer Focus: Service excellence is key to our operations and we endeavour to exceed
customer expectations.
Integrity: We uphold fairness, honesty, professionalism and transparency in all our
undertakings.
Teamwork: We embrace team spirit in all that we do.
We Care: We care for our staff, the communities around us and are sensitive to the
environment.
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HEALTH, SAFETY AND ENVIRONMENT POLICY STATEMENT
The Kenya Ports Authority recognizes and appreciates the importance of Health, Safety and
Environment in the organization.
The Authority therefore places Health, Safety and Environment matters as important Boardroom
Agenda.
To translate this commitment into actions, the Authority shall adopt a health, safety and
environment policy that shall ensure:
1.
Compliance with all relevant statutory instruments in all matters of Health, Safety and
Environment.
2.
Appropriate consideration of relevant international conventions and recommendations.
3.
Formulation and compliance with rules, regulations and guidelines on matters of Health,
Safety and Environment.
4.
All reasonably practicable precautions are taken to safeguard the safety and health of all
employees and Port users.
5.
Appropriate systems for providing adequate information and instructions to all cadres of
employees on risks to their health and safety are in place.
6.
That all work places and equipment/plant are safe and regularly inspected.
7.
All employees and Port Users assume defined responsibilities in matters of health, safety and
environment in conformity with this policy.
8.
Appropriate training for all employees to enhance their performance is provided.
9.
That all Suppliers comply with Health, Safety and Environment rules, regulations and
guidelines.
10.
Adequate provision for prevention and control of fires and proper use of Fire fighting
appliances.
11.
Adequate provision for prevention and control of environmental pollution.
12.
That Environmental Impact Assessment is carried out for all projects likely to have an impact
on the environment.
13.
Provision and promotion of First Aid services and activities.
14.
Contravention of the Health, Safety and Environment Management System attracts severe
disciplinary action including dismissal and/or prosecution.
15.
Review of the Health, Safety and Environment Management System to conform to changing
trends.
(Signed)
GICHIRI NDUA
MANAGING DIRECTOR
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SECTION II: INSTRUCTIONS TO TENDERERS (ITT)
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Introduction
1.1
The Procuring Entity indicated in the Tender Data Sheet (TDS) invites
Tenders for the construction of works as specified in the Tender Data
Sheet and Sections V (Technical Specifications) and VII (Drawings).
1.2
The successful Tenderer will be expected to complete the works by the
required completion date specified in the Tender Data Sheet.
1.3
The objectives of the works are listed in the Tender Data Sheet. These
are mandatory requirements. Any subsequent detail is offered to support
these objectives and must not be used to dilute their importance.
Source of Funds
2.2
Eligible
Tenderers
3.1
Payments will be made directly by the Procuring Entity (or by financing
institution specified in the Tender Data Sheet upon request of the
Procuring Entity to so pay) and will be subject in all respects to the terms
and conditions of the resulting contract placed by the Procuring Entity.
A Tenderer may be a natural person, private or public company,
government-owned institution, subject to sub-Clause 3.4 or any
combination of them with a formal intent to enter into an agreement or
under an existing agreement in the form of a joint venture, consortium, or
association. In the case of a joint venture, consortium, or association,
unless otherwise specified in the Tender Data Sheet, all parties shall be
jointly and severally liable.
Scope of Tender
3.2
The Invitation for Tenders is open to all suppliers as defined in the Public
Procurement and Disposal Act, 2005 and the Public Procurement and
Disposal Regulations, 2006 except as provided hereinafter.
3.3
A Tenderer shall not have a conflict of interest. All Tenderers found to
have a conflict of interest shall be disqualified. A Tenderer may be
considered to have a conflict of interest with one or more parties in this
Tendering process, if they:
a)
Are associated or have been associated in the past directly or
indirectly with employees or agents of the Procuring Entity or a
member of a board or committee of the Procuring Entity;
b) Are associated or have been associated in the past, directly or
indirectly with a firm or any of its affiliates which have been engaged
by the Procuring Entity to provide consulting services for the
preparation of the design, specifications and other documents to be
used for the procurement of the works under this Invitation for
Tenders;
c)
Have controlling shareholders in common; or
d) Receive or have received any direct or indirect subsidy from any of
them; or
e)
Have the same legal representative for purposes of this Tender; or
f) Have a relationship with each other, directly or through common third
parties, that puts them in a position to have access to information
about or influence on the Tender of another Tenderer, or influence the
decisions of the Procuring Entity regarding this Tendering process; or
g) Submit more than one Tender in this Tendering process. However,
this does not limit the participation of subcontractors in more than one
Tender, or as Tenderer and subcontractor simultaneously.
3.4
A Tenderer will be considered to have a conflict of interest if they
participated as a consultant in the preparation of the design or technical
specification of the project and related services that are the subject of the
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Tender.
3.5
Tenderers shall not be under a declaration of ineligibility for corrupt and
fraudulent practices issued by the Government of Kenya in accordance
with GCC sub-Clause 3.2.
3.6
Government owned enterprises in Kenya may participate only if they are
legally and financially autonomous, if they operate under commercial
law, are registered by the relevant registration board or authorities and if
they are not a dependent agency of the Government.
3.7
Tenderers shall provide such evidence of their continued eligibility
satisfactory to the Procuring Entity, as the Procuring Entity shall
reasonably request.
4.1
A firm shall submit only one Tender, in the same Tendering process,
either individually as a Tenderer or as a partner in a joint venture
pursuant to ITT Clause 5.
4.2
No firm can be a subcontractor while submitting a Tender individually or
as a partner of a joint venture in the same Tendering process.
4.3
A firm, if acting in the capacity of subcontractor in any Tender, may
participate in more than one Tender but only in that capacity.
4.4
A Tenderer who submits or participates in more than one Tender (other
than as a subcontractor or in cases of alternatives that have been
permitted or requested) will cause all the Tenders in which the Tenderer
has participated to be disqualified.
5.1
Tenderers shall submit offers that comply with the requirements of the
Tendering documents, including the basic Tenderer’s technical design as
indicated in the specifications and Drawings and Bill of Quantities.
Alternatives will not be considered, unless specifically allowed for in the
Tender Data Sheet. If so allowed, sub-Clause 5.2 and 5.3 shall govern.
5.2
When alternative times for completion are explicitly invited, a statement
to that effect will be included in the Tender Data Sheet as will the
method of evaluating different times for completion.
5.3
If so allowed in the Tender Data Sheet, Tenderers wishing to offer
technical alternatives to the requirements of the Tendering documents
must also submit a Tender that complies with the requirements of the
Tendering documents, including the basic technical design as indicated in
the specifications. In addition to submitting the basic Tender, the
Tenderer shall provide all information necessary for a complete
evaluation of the alternative by the Procuring Entity, including technical
specifications, breakdown of prices, and other relevant details. Only the
technical alternatives, if any, of the winning evaluated tenderer
conforming to the basic technical requirements shall be considered by the
Procuring Entity.
6.1
The Tenderer shall bear all costs associated with the preparation and
submission of its Tender, and the Procuring Entity shall in no case be
responsible or liable for those costs, regardless of the conduct or outcome
of the Tendering process.
Site Visit and Pre- 7.1
Tender
Meeting
The Tenderer, at the Tenderer’s own responsibility and risk, is advised to
visit and examine the Site of 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.
One Tender per
Tenderer
Alternative
Tenders by
Tenderers
Cost of Tendering
7.2
The Procuring Entity may conduct a site visit and a pre-Tender meeting.
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The purpose of 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’s designated representative is invited to attend a site visit
and pre-Tender meeting which, if convened, will take place at the venue
and time stipulated in the Tender Data Sheet.
7.4
The Tenderer is requested as far as possible, to submit any questions in
writing or by electronic means to reach the procuring Entity before the
pre-Tender meeting. It may not be practicable at the meeting to answer
all questions, but questions and responses will be transmitted in
accordance with sub-Clause 7.5.
7.5
Minutes of the pre-Tender meeting, including the text of the questions
raised and the responses given together with any responses prepared after
the pre-Tender meeting will be transmitted within the time stated in the
Tender Data Sheet to all purchasers of the Tendering documents. Any
modification of the Tendering documents listed in sub-Clause 8.1 that
may become necessary as a result of the pre-Tender meeting shall be
made by the Procuring Entity exclusively through the issue of an
Addendum pursuant to ITT sub Clause 10.2 and not through the minutes
of the pre-Tender meeting.
7.6
Non attendance during the site visit or pre-Tender meeting will not be a
cause for disqualification of a Tenderer unless specified to the contrary in
the Tender Data Sheet.
Tendering Documents
Content of
Tendering
Documents
8.1
The works required, Tendering procedures, and contract terms are
prescribed in the Tendering Documents. In addition to the Section I
Invitation for Tenders, Tendering documents which should be read in
conjunction with any addenda issued in accordance with ITT sub
Clause 10.2 include:
Section II
Instructions to Tenderers
Section III
Tender Data Sheet
Section IV
General Conditions of Contract
Section V
Technical Specifications
Section VII
Drawings
Section VIII Bill of Quantities
Section IX
Forms of Tender
 Form of Tender
 Appendix to Tender
 Confidential Business Questionnaire
 Integrity Declaration
 Letter of Acceptance
 Contract Data Sheet
Section X
Forms of Security
 Tender Security Form
 Tender Securing Declaration
 Performance Bank or Insurance Guarantee
 Advance Payment Guarantee
Section XI Form RB 1 Application to Public Procurement
Administrative Review Board
8.2
The number of copies to be completed and returned with the Tender is
specified in the Tender Data Sheet.
8.3
The Invitation for Tenders (Section I) issued by the Procuring Entity is
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not part of the Tendering Documents and is included for reference
purposes only. In case of discrepancies between the Invitation for
Tenders and the Tendering Documents listed in sub-Clause 8.1 above,
the said Tendering Documents will take precedence.
Clarification of
Tendering
Documents
Amendments of
the Tendering
Documents
8.4
The Procuring Entity is not responsible for the completeness of the
Tendering Documents and their addenda, if they were not obtained
directly from the authorized staff of the Procuring Entity.
8.5
The Tenderer is expected to examine all instructions, forms, terms and
specifications in the Tendering documents. Failure to furnish all
information required by the Tendering Documents or to submit a
Tender substantially responsive to the Tendering documents in every
respect will be at the Tenderer’s risk and may result in the rejection of
its Tender.
9.1
A prospective Tenderer requiring any clarification of the Tendering
documents may notify the Procuring Entity in writing, e-mail or
facsimile at the Procuring Entity's address indicated in the Tender
Data Sheet.
9.2
The Procuring Entity will within the period stated in the Tender Data
Sheet respond in writing to any request for clarification provided that
such request is received no later than the period indicated in the
Tender Data Sheet prior to the deadline for the submission of Tenders
prescribed in sub-Clause 22.1.
9.3
Copies of the procuring entity's response will be forwarded to all
Purchasers of the Tendering documents, including a description of the
inquiry, but without identifying its source.
9.4
Should the Procuring Entity deem it necessary to amend the Tendering
documents as a result of a clarification, it shall do so following the
procedure under ITT Clause 10.
10.1
Before the deadline for submission of Tenders, the Procuring Entity
may, for any reason, whether at its own initiative or in response to a
clarification requested by a prospective Tenderer, modify the
Tendering documents by issuing addenda.
10.2
Any addendum issued shall be part of the Tender documents pursuant
to sub-Clause 8.1 and shall be communicated in writing, by e-mail or
facsimile to all who have obtained the Tendering documents directly
from the Procuring Entity.
10.3
In order to allow prospective Tenderers reasonable time in which to
take an addendum into account in preparing their Tenders, the
Procuring Entity at its discretion shall extend, as necessary, the
deadline for submission of Tenders, in accordance with sub-Clause
22.2
Preparation of Tenders
Language of
Tender
11.1
The Tender, and all correspondence and documents related to the
Tender exchanged by the Tenderer and the Procuring Entity shall be
written in the Tender language stipulated in the Tender Data Sheet.
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are accompanied
by an accurate translation of the relevant passages in the above stated
language, in which case, for purposes of interpretation of the Tender,
the translation shall prevail.
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Documents
Constituting the
Tender
12.1
The Tender submitted by the Tenderer shall consist of the following
components:
a) The Form of Tender (in the format indicated in Section IX)
completed in accordance with ITT Clause 15, 16 and 17;
b) Information requested by Instructions to Tenderers ITT subClause 13.2; 13.3 and 13.4;
c) Tender Security or Tender Securing Declaration in accordance
with Instructions to Tenderers ITT Clause 19;
d) Priced Bill of Quantities; – the tender bills of quantities must
not be altered and it shall be in the format provided in the
tender document and all elements in the Bills of Quantities
must be priced (This is a mandatory requirement).
e) Qualification Information Form and Documents;
f) Alternative offers where invited in accordance with Instructions to
Tenderers ITT Clause 5;
g) Written confirmation authorizing the signatory of the Tender to
commit the Tenderer in accordance with Instructions to Tenderers
ITT sub Clause 19.2; and
h) Technical schedules duly filled in details as requested.
i) And any information or other materials required to be completed
and submitted by Tenderers, as specified in the Tender Data
Sheet.
Documents
Establishing
Eligibility and
Qualifications of
the Tenderer
13.1
Pursuant to ITT Clause 13, the Tenderer shall furnish, as part of its
Tender, documents establishing the Tenderer’s eligibility to Tender
and its qualifications to perform the contract if its Tender is accepted.
In the event that pre-qualification of potential Tenderers has been
undertaken, only Tenders from pre-qualified Tenderers will be
considered for award of contract. These qualified Tenderers should
submit their Tenders with any information updating the original prequalification applications or, alternatively, confirm in their Tenders
that the originally submitted pre-qualification information remains
essentially correct as of the date of Tender submission. The update or
confirmation should be provided in Section IX
If the Procuring Entity has not undertaken pre-qualification of
potential Tenderers, to qualify for award of the contract, Tenderers
shall meet the minimum qualifying criteria specified in the Tender
Data Sheet:
13.2
Tenders submitted by a joint venture of two or more firms as partners
shall comply with the following requirements, unless otherwise
stated in the Tender Data Sheet:
a) The Tender shall include all the information listed in the Tender
Data Sheet pursuant to sub-Clause 13.3 above for each joint
venture partner;
b) The Tender shall be signed so as to be legally binding on all
partners;
c) One of the partners will be nominated as being in charge, and this
authorization shall be evidenced by submitting a power of
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attorney signed by legally authorized signatories of all the
partners;
d) The partner in charge shall be authorized to incur liabilities and
receive instructions for and on behalf of any and all partners of a
joint venture and the entire execution of the Contract, including
payment, shall be done exclusively with the partner in charge;
e) All partners of the joint venture shall be liable jointly and
severally for the execution of the contract in accordance with the
contract terms and a statement to this effect shall be included in
the authorization mentioned under (c) above as well as in the
Tender and in the Agreement (in case of a successful Tender); and
f) A copy of the joint venture agreement entered into by all partner
shall be submitted with the Tender. Alternatively, a Letter of
Intent to execute a joint venture agreement in the event of a
successful Tender shall be signed by all partners and submitted
with the Tender, together with a copy of the proposed Agreement.
g) The Tender Security and Tender Securing Declaration as stated in
accordance with ITT Clause 19, and in case of a successful
Tender, the Agreement, shall be signed so as to be legally binding
on all partners.
Form of Tender
14.1
The Tenderer shall fill the Form of Tender furnished in the Tendering
Documents. The Form of Tender must be completed without any
alterations to its format and no substitute shall be accepted (This is a
mandatory requirement).
Tender Prices
15.1
The Contract shall be for the whole Works, as described in subClause 1.1, based on the priced Bill of Quantities submitted by the
Tenderer.
15.2
The Tenderer shall fill in rates and prices for all Items of the
Works described in the Bill of Quantities including the
preliminary items without any amendment to the quantities
(This is a mandatory requirement).
15.3
All duties, taxes and other levies payable by the Contractor under the
Contract, or for any other cause, as of the date 15 days prior to the
deadline for submission of Tenders, shall be included in the rates,
prices and total Tender price submitted by the Tenderer.
Tender Currencies 16.1
Tender Validity
Period
The unit rates and prices shall be quoted by the Tenderer in the
currency as specified in the Tender Data Sheet.
16.2
Tenderers shall indicate details of their expected foreign currency
requirements in the Tender, if any. The rates of exchange to be used
by the Tenderers in arriving at the local currency equivalent shall be
the selling rates for similar transactions established by the authority
specified in the Tender Data Sheet prevailing on the date 28 days
prior to the latest deadline for submission of Tenders. These
exchange rates shall apply for all payments so that no exchange risk
will be borne by the Tenderer. In any case, payments will be
computed using the rates quoted in the Tender.
16.3
Tenderers may be required by the Procuring Entity to clarify their
foreign currency requirements and to substantiate that the amounts
included in the rates and prices and in the Contract Data Sheet are
reasonable and responsive to sub-Clause 17.1.
17.1
Tenders shall remain valid for the period specified in the Tender
Data Sheet after the Tender submission deadline prescribed by the
Page 15 of 89
Procuring Entity, pursuant to ITT Clause 22. A Tender valid for a
shorter period shall be rejected by the Procuring Entity as non
responsive.
Tender Security
and Tender
Securing
Declaration
17.2
In exceptional circumstances, prior to expiry of the original Tender
validity period, the Procuring Entity may request that the Tenderers
extend the period of validity for a specified additional period. The
request and the Tenderers' responses shall be made in writing or by
cable. A Tenderer may refuse the request without forfeiting its
Tender Security or causing to be executed its Tender Securing
declaration. A Tenderer agreeing to the request will not be required
or permitted to otherwise modify the Tender, but will be required to
extend the validity of its Tender Security or Tender Securing
declaration for the period of the extension, and in compliance with
ITT Clause 19 in all respects.
17.3
In the case of fixed price contracts, if the award is delayed by a
period exceeding sixty (60) days beyond the expiry of the initial
Tender validity period, the contract price will be increased by a
factor specified in the request for extension. The Tender evaluation
shall be based on the Tender price without taking into consideration
on the above correction.
18.1
Pursuant to ITT Clause 12, where required in the Tender Data
Sheet, the Tenderer shall furnish as part of its Tender, a Tender
Security in original form and in the amount and currency specified in
the Tender Data Sheet.
A Tender Securing Declaration as specified in the Tender Data
Sheet in the format provided in section IX shall be provided as a
mandatory requirement.
18.2
The Tender Security or Tender Securing Declaration is required to
protect the Procuring Entity against the risk of Tenderer’s conduct
which would warrant the security’s forfeiture, pursuant to ITT subClause 19.9.
18.3
The Tender Security shall be denominated in the currency of the
Tender and shall be in one of the following forms:
a) Cash;
b) A Bank Guarantee;
c) An Insurance Bond issued by an insurance firm approved by the
PPOA located in Kenya;
d) An irrevocable letter of credit issued by a reputable bank.
18.4
The Tender Security shall be in accordance with the Form of the
Tender Security included in Section IX or another form approved by
the Procuring Entity prior to the Tender submission.
18.5
The Tender Security shall be payable promptly upon written demand
by the Procuring Entity in case any of the conditions listed in subClause 19.8 are invoked.
18.6
Any Tender not accompanied by a Tender Security in accordance
with sub-Clauses 19.1 or 19.3 shall be rejected by the Procuring
Entity as non-responsive, pursuant to ITT Clause 28.
18.7
The Procuring Entity shall immediately release any Tender Security
if:
a) The procuring proceedings are terminated;
b) The Procuring Entity determines that none of the submitted
Page 16 of 89
Tenders is responsive;
c) A contract for the procurement is entered into.
18.8
The Tender Security shall be forfeited and the Tender Securing
Declaration executed if the Tenderer:
a) Withdraws its Tender after the deadline for submitting Tenders
but before the expiry of the period during which Tenders must
remain valid;
b) Rejects a correction of an arithmetic error pursuant to sub-Clause
29.2;
c) Refuse to enter into a written contract in accordance with ITT
Clause 40;
18.9
18.10
d) Fails to furnish the Performance Security in accordance with ITT
Clause 41.
The Tender Security and Tender Securing Declaration of a joint
venture must be in the name of the joint venture submitting the
Tender.
A Tenderer shall be suspended from being eligible for Tendering in
any contract with the Procuring Entity for the period of time
indicated in the Tender Securing Declaration:
a) If the Tenderer withdraws its Tender, except as provided in ITT
sub-Clauses 18.2 and 29.2; or
b) In the case of a successful Tenderer, if the Tenderer fails within
the specified time limit to:
(i) Sign the contract; or
(ii) Furnish the required Performance Security.
Format and
Signing of Tender
19.1
The Tenderer shall prepare one original of the documents comprising
the Tender as described in ITT Clause 12 of these Instructions to
Tenderers, with the Form of Tender, and clearly marked
“ORIGINAL”. In addition, the Tenderer shall submit copies of the
Tender, in the number specified in the Tender Data Sheet, and
clearly marked as “COPIES”. In the event of discrepancy between
them, the original shall prevail.
19.2
The original and all copies of the Tenders shall be typed or written in
indelible ink and shall be signed by a person or persons duly
authorized to sign on behalf of the Tenderer. This authorization
shall consist of a written confirmation as specified in the Tender
Data Sheet and shall be attached to the Tender. The name and
position held by each person signing the authorization must be typed
or printed below the signature. All pages of the Tender, except for
un-amended printed literature, shall be initialled by the person or
persons signing the Tender.
19.3
Any interlineations, erasures, or overwriting shall be valid only if
they are initialled by the person or persons signing the Tender.
19.4
The Tenderer shall furnish information as described in the Form of
Tender on commissions or gratuities, if any, paid or to be paid to
agents relating to this Tender and to contract execution if the
Tenderer is awarded the contract
Submission of Tenders
Sealing and
Marking of
20.1
The Tenderer shall seal the original and each copy of the Tender in
separate envelopes, duly marking the envelopes as “ORIGINAL”
Page 17 of 89
Tenders
20.2
and “COPY”. The envelopes shall then be sealed in an outer
envelope securely sealed in such a manner that opening and resealing
cannot be achieved undetected.
The inner and outer envelopes shall:
a) Be addressed to the Procuring Entity at the address given in the
Tender Data Sheet; and
b) Bear the Project name indicated in the Tender Data Sheet, the
Invitation for Tenders (IFT) title and number indicated in the
Tender Data Sheet, and a statement: “DO NOT OPEN
BEFORE,” to be completed with the time and the date specified
in the Tender Data Sheet, pursuant to ITT sub-Clause 22.1.
Deadline for
Submission of
Tenders
Late Tenders
20.3
In addition to the identification required in sub-Clause 21.2, the inner
envelopes shall also indicate the name and address of the Tenderer to
enable the Tender be returned unopened in case it is declared late,
pursuant to sub-Clause 22.1 and for matching purpose under ITT
Clause 23
20.4
If the outer envelope is not sealed and marked as required by ITT sub
clause 21.2, the Procuring Entity shall assume no responsibility for
misplacement or premature opening of the Tender.
21.1
Tenders shall be received by the Procuring Entity at the address
specified under ITT sub-Clause 21.2 no later than the date and time
specified in the Tender Data Sheet.
21.2
The Procuring Entity may, in exceptional circumstances and at its
discretion, extend the deadline for the submission of Tenders by
amending the Tendering documents in accordance with ITT Clause 9,
in which case all rights and obligations of the Procuring Entity and
Tenderers previously subject to the deadline will thereafter be subject
to the new deadline.
21.3
The extension of the deadline for submission of Tenders shall not be
made later than the period specified in the Tender Data Sheet before
the expiry of the original deadline.
22.1
22.2
Modification,
Substitution and
Withdrawal of
Tenders
The Procuring Entity shall not consider for evaluation any Tender that
arrives after the deadline for submission of Tenders, in accordance
with ITT Clause 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
23.1
A Tenderer may modify or substitute or withdraw its Tender after it
has been submitted, provided that written notice of the modification,
including substitution or withdrawal of the Tender, is received by the
Procuring Entity prior to the deadline prescribed for submission of
Tenders prescribed under ITT sub-Clause 22.1.
23.2
The Tenderer’s modification or substitution or withdrawal notice shall
be prepared, sealed, marked, and dispatched in accordance with the
provisions of ITT Clauses 20 and 21 with the outer and inner
envelopes additionally marked “MODIFICATION” or
SUBSTITUTION or “WITHDRAWAL” as appropriate. The notice
may also be sent by electronic mail and facsimile, but followed by a
signed confirmation copy, postmarked not later than the deadline for
submission of Tenders.
Page 18 of 89
23.3
No Tender may be withdrawn, replaced 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 Tender
Form. Withdrawal of a Tender during this interval shall result in the
Tenderer’s forfeiture of its Tender Security or execution of Tender
Securing Declaration, pursuant to the ITT sub-Clause 19.9.
23.4
Withdrawal of a Tender between the deadline for submission of
Tenders and the expiration of the period of Tender validity specified
in the Tender Data Sheet or as extended pursuant to sub-Clause 22.2
shall result in the forfeiture of the Tender Security and execution of
Tender Securing Declaration pursuant to ITT sub-Clause 19.9.
23.5
Tenderers may only offer discounts to, or otherwise modify the prices
of their Tenders by submitting Tender modifications in accordance
with this Clause, or included in the original Tender submission.
Opening and Evaluation of Tenders
Opening of Tenders
24.1
The Procuring Entity will open all Tenders including modifications,
substitution or withdraw notices made pursuant to ITT Clause 24, in
public, in the presence of Tenderers or their representatives who
choose to attend and other parties with legitimate interest and Tender
proceedings, at the place on the date and at time specified in the
Tender Data Sheet. The Tenderers’ representatives who are present
shall sign a register as proof of their attendance.
24.2
Envelopes marked “WITHDRAWAL” shall be opened and read out
first. Tenders for which an acceptable notice of withdrawal has been
submitted pursuant to ITT Clause 24 shall not be opened but returned
to the Tenderer. If the withdrawal envelope does not contain a copy
of the “Power of Attorney” confirming the signature as a person duly
authorized to sign on behalf of the Tenderer, the corresponding
Tender will be opened. Subsequently, all envelopes marked
"MODIFICATION" shall be opened and the submissions therein
read out in appropriate detail. Thereafter all envelopes marked or
"SUBSTITUTION" opened and the submissions therein read out in
appropriate detail.
24.3
All other envelopes shall be opened one at a time. The Tenderers'
names, the Tender prices, the total amount of each Tender and of any
alternative Tender (if alternatives have been requested or permitted),
any discounts, the presence or absence of Tender security, and such
other details as the appropriate tender opening committee may
consider appropriate, will be announced by the Secretary of the
Tender Opening Committee at the opening.
24.4
Tenders or modifications that are not opened and not read out at
Tender opening shall not be considered further for evaluation,
irrespective of the circumstances. In particular, any discount offered
by a Tenderer which is not read out at Tender opening shall not be
considered further.
24.5
Tenderers are advised to send in a representative with the knowledge
of the content of the Tender who shall verify the information read out
from the submitted documents. Failure to send a representative or to
point out any un-read information by the sent Tenderer’s
representative shall indemnify the Procuring Entity against any claim
or failure to read out the correct information contained in the
Tenderer’s Tender.
Page 19 of 89
Confidentiality
Clarification of
Tenders
Preliminary
Examination of
Tenders
24.6
No Tender will be rejected at Tender opening except for late Tenders
which will be returned unopened to the Tenderer, pursuant to ITT
Clause 23.
24.7
The Secretary of the appropriate tender opening committee shall
prepare minutes of the Tender opening. The record of the Tender
opening shall include, as a minimum: the name of the Tenderers and
whether or not there is a withdrawal, substitution or modification, the
Tender price per Lot if applicable, including any discounts and
alternative offers and the presence or absence of a Tender Security or
Tender Securing Declaration.
24.8
The Tenderers’ representatives who are present shall be requested to
sign the record. The omission of a Tenderer’s signature on the record
shall not invalidate the contents and affect the record.
24.9
A copy of the minutes of the Tender opening shall be furnished to
individual Tenderers upon request.
25.1
Information relating to the examination, clarification, evaluation, and
comparison of Tenders and recommendations for the award of a
Contract shall not be disclosed to Tenderers or any other persons not
officially concerned with such process until the award to the
successful Tenderer has been announced.
25.2
Any effort by a Tenderer to influence the Procuring Entity’s
processing of Tenders or award decisions may result in the rejection
of his Tender.
25.3
Notwithstanding sub-Clause 26.2, from the time of Tender opening to
the time of Contract award, if any Tenderer wishes to contact the
Procuring Entity on any matter related to the Tendering process, it
should do so in writing.
26.1
To assist in the examination, evaluation, comparison of Tenders and
post-qualification of the Tenderer, the Procuring Entity may, at its
discretion, ask a Tenderer for clarification of its Tender including
breakdown of prices. Any clarification submitted by a Tenderer that
is not in response to a request by the Procuring Entity shall not be
considered.
26.2
The request for clarification and the response shall be in writing. No
change 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 Tenders
in accordance with ITT Clause 29.
26.3
From the time of Tender opening to the time of Contract award if any
Tenderer wishes to contact the Procuring Entity on any matter related
to the Tender it should do so in writing.
27.1
Prior to the detailed evaluation of Tenders, the Procuring Entity will
determine whether:
a) The Tender has been submitted in the required format;
b) Any Tender Security submitted is in the required form, amount
and validity period;
c) The Tender has been signed by the person lawfully authorized to
do so;
d) The required number of copies of the Tender have been submitted;
e) The Tender is valid for the period required;
f) All required documents and information have been submitted; and
Page 20 of 89
g) Any required samples have been submitted.
27.2
The Procuring Entity will confirm that the documents and
information specified under ITT Clause 12 and ITT Clause 13 have
been provided in the Tender. If any of these documents or
information is missing, or is not provided in accordance with the
Instructions to Tenderers, the Tender shall be rejected.
27.3
The Procuring Entity may waive any minor informality,
nonconformity, or irregularity in a Tender which does not constitute a
material deviation, provided such waiver does not prejudice or affect
the relative ranking of any Tenderer
27.4
A substantially responsive Tender is one which conforms to all the
terms, conditions, and specifications of the Tendering documents,
without material deviation or reservation. A material deviation or
reservation is one that:
a) Affects in any substantial way the scope, quality, or execution of
the Works;
b) Limits in any substantial way, inconsistent with the Tendering
documents, the Procuring Entity's rights or the Tenderer’s
obligations under the Contract; or
c) If rectified, would affect unfairly the competitive position of other
Tenderers presenting substantially responsive Tenders.
27.5
Correction of
Errors
28.1
If a Tender is not substantially responsive, it will be rejected by the
Procuring Entity, and may not subsequently be made responsive by
correction or withdrawal of the non-conforming deviation or
reservation.
Tenders determined to be substantially responsive will be checked by
the Procuring Entity for any arithmetic errors. Errors will be
corrected by the Procuring Entity as follows:
a) If there is a discrepancy between unit prices and the total price
that is obtained by multiplying the unit price and quantity, the unit
price shall prevail, and the total price shall be corrected, unless in
the opinion of the Procuring Entity there is an obvious
misplacement of the decimal point in the unit price, in which the
total price as quoted shall govern and the unit price shall be
corrected;
b) If there is an error in a total corresponding to the addition or
subtraction of subtotals, the subtotals shall prevail and the total
shall be corrected; and
28.2
Conversion to
Single Currency
29.1
c) Where there is a discrepancy between the amounts in figures and
in words, the amount in words will govern.
The amount stated in the Tender will, be adjusted by the Procuring
Entity in accordance with the above procedure for the correction of
errors and, with, the concurrence of the Tenderer, shall be considered
as binding upon the Tenderer. If the Tenderer does not accept the
corrected amount, its Tender will then be rejected, and the Tender
Security may be forfeited and the Tender Securing Declaration may
be executed in accordance with sub-Clause 19.9.
To facilitate the evaluation and comparison, the Procuring Entity will
convert all Tender prices expressed in the amounts in various
currencies in which the Tender prices are payable to Kenya Shillings
at the selling exchange rate established for similar transactions by the
Central Bank of Kenya ruling on the date specified in the Tender
Page 21 of 89
Data Sheet.
Comparison of
Tenders
30.1
30.2
30.3
National Preference
31.1
Determination of
the winning
evaluated Tender
Post-qualification of
Tenderer
32.1
33.1
33.2
33.3
33.4
The Procuring Entity shall evaluate and compare only the Tenders
determined to be substantially responsive in accordance with ITT
Clause 28.
In evaluating the Tenders, the Procuring Entity will determine for
each Tender the evaluated Tender price by adjusting the Tender price
as follows:
Making any correction for errors pursuant to ITT Clause 29;
Excluding provisional sums and the provision, if any for
contingencies in the Bill of Quantities, but including Day work ,
where priced competitively ; and
Making appropriate adjustments to reflect discounts or other price
modifications offered in accordance with sub-Clause 24.5.
The Procuring Entity may waive any minor informality or nonconformity, which does not constitute a material deviation, provided
such waiver does not prejudice or affect the relative standing of any
Tenderer. Variations, deviations, and alternative offers and other
factors, which are in excess of the requirements of the Tendering
documents or otherwise result in unsolicited benefits for the
Procuring Entity will not be taken into account in Tender evaluation.
There will be no national preference except to the effect and
substance as contained in the Tender Data Sheet.
The Tender with the highest combined technical and financial score
evaluated from among those which are eligible, compliant and
substantially responsive shall be the winning evaluated Tender.
If specified in the Tender Data Sheet, post-qualification shall be
undertaken.
The Procuring Entity will determine to its satisfaction whether the
Tenderer that is selected as having submitted the winning evaluated
responsive Tender is qualified to perform the contract satisfactorily,
in accordance with the criteria listed in sub-Clause 13.3.
The determination will take into account the Tenderer’s financial,
technical, and production capabilities. It will be based upon an
examination of the documentary evidence of the Tenderer’s
qualifications submitted by the Tenderer, pursuant to sub-Clause
13.3, as well as such other information as the Procuring Entity deems
necessary and appropriate. Factors not included in these Tendering
documents shall not be used in the evaluation of the Tenderer’s
qualifications.
An affirmative determination will be a prerequisite for award of the
contract to the Tenderer. A negative determination will result in
rejection of the Tenderer’s Tender, in which event the Procuring
Entity will proceed to the next highest evaluated tender to make a
similar determination of that Tenderer’s capabilities to perform
satisfactorily.
Award of Contract
Criteria of Award
34.1
Subject to ITT Clause 35 and 36, the Procuring Entity will award the
Contract to the Tenderer whose Tender has been determined to be
substantially responsive to the Tendering documents and who has
offered the winning evaluated tender Price, provided that such
Tenderer has been determined to be:
a) Eligible in accordance with the provisions of ITT Clause 3;
b) Is determined to be qualified to perform the Contract satisfactorily;
c) Successful negotiations have been concluded.
Page 22 of 89
Clarifications
35.1
a)
b)
c)
d)
e)
f)
g)
Clarifications may be undertaken with the winning evaluated
tenderer relating to the following areas:
A minor alteration to the technical details of the statement of
requirements;
Reduction of quantities for budgetary reasons, where the reduction
is in excess of any provided for in the Tendering documents;
A minor amendment to the Contract Data Sheet;
Finalizing payment arrangements;
Mobilization arrangements;
Agreeing final delivery or work schedule to accommodate any
changes required by the Procuring Entity;
The methodology or staffing; or
Clarifying details that were not apparent or could not be finalized at
the time of Tendering.
35.2
Clarifications shall not change the substance of the tender.
36.1
Notwithstanding ITT Clause 35, the Procuring Entity reserves the
right to accept or reject any Tender, and to cancel the Tendering
process and reject all Tenders, at any time prior to the award of
Contract, without thereby incurring any liability to the affected
Tenderer or Tenderers.
36.2
Notice of the rejection of all Tenders shall be given promptly within
14 days to all Contractors that have submitted Tenders.
36.3
The Procuring Entity shall upon request communicate to any Tenderer
the grounds for its rejection of its Tenders, but is not required to
justify those grounds.
Procuring Entities
Right to Vary
Quantities at the
Time of Award
37.1
Notification of
Award
38.1
The Procuring Entity reserves the right at the time of contract award to
increase or decrease the quantity of goods or related services
originally specified in these Tendering documents (schedule of
requirements) provided this does not exceed by the percentage
indicated in the Tender Data Sheet, without any change in unit price
or other terms and conditions of the Tender and Tendering documents.
The Tenderer whose Tender has been accepted will be notified of the
award by the Procuring Entity prior to expiration of the Tender
validity period by e-mail or facsimile confirmed by registered letter.
This letter (hereinafter and in the Conditions of Contract called the
"Letter of Acceptance") will state the sum that the Procuring Entity
will pay the Contractor in consideration of the provision and
maintenance of the Work(s) as prescribed by the Contract (hereinafter
and in the Contract called the “Contract Price”).
The notification of award will constitute the formation of the Contract,
subject to the Tenderer furnishing the Performance Security in
accordance with ITT Clause 41 and signing the Contract in
accordance with sub-Clause 40.2
Procuring Entity’s
Right to Accept
any Tender and to
Reject any or all
Tenders
38.2
38.3
At the same time as the person submitting the successful Tender is
notified, the Procuring Entity will notify each unsuccessful Tenderer,
the name of the successful Tenderer and the Contract amount and will
discharge the Tender Security and Tender Securing Declaration of the
Tenderer pursuant to ITT sub Clause 19.7
If, after notification of award, a Tenderer wishes to ascertain the
grounds on which it’s Tender or application for pre-qualification was
unsuccessful, it should address its request to the secretary of the
Tender Committee that authorized the award of contract. The secretary
of the Tender Committee shall, within fourteen days after a request,
provide written reasons as to why the Tender, proposal or application
Page 23 of 89
to be pre-qualified was unsuccessful. However, failure to take this
opportunity to clarify the grounds for rejection does not affect the
Tenderer’s right to seek immediate review by the Public Procurement
Administrative Review Board under Clause 45.
Signing of Contract 39.1
39.2
Performance
Security
40.1
40.2
Promptly, and in no case later than 14 days, after notification,
Procuring Entity shall send the successful Tenderer the Agreement
and Contract Data Sheet, incorporating all agreements between the
parties obtained as a result of Contract negotiations.
Within the period specified in the notification or Tender Data Sheet
but not earlier than fourteen (14) days since notification of award of
contract, the successful Tenderer shall sign and date the contract and
return it to the Procuring Entity.
Within thirty (30) days but after 14 days after receipt of the Letter of
Acceptance, the successful Tenderer shall deliver to the Procuring
Entity a Performance Security in the amount and in the form stipulated
in the Tender Data Sheet and the Contract Data Sheet, denominated in
the type and proportions of currencies in the Letter of Acceptance and
in accordance with the Conditions of Contract.
If the Performance Security is provided by the successful Tenderer in
the form of a Bank Guarantee or Insurance Bond, it shall be issued
either:
a) At the Tenderer’s option, by a bank or insurance firm located in
Kenya, or a foreign bank or insurance firm through a
correspondent bank or insurance firm located in Kenya;
b) With the consent of the Procuring entity, directly by a foreign bank
acceptable to the Procuring entity.
40.3
Advance Payment
Adjudicator
41.1
Failure of the successful Tenderer to comply with the requirement of
sub-Clause 41.1 shall constitute sufficient grounds for the annulment
of the award and forfeiture of the Tender Security, in which event the
Procuring Entity may make the award to the next winning evaluated
tenderer or call for new Tenders.
The Procuring Entity will provide an Advance Payment as stipulated in
the Conditions of Contract, subject to a maximum amount, as stated in
the Tender Data Sheet.
41.2
The Advance Payment request shall be accompanied by an Advance
Payment Security (Guarantee) in the form provided in Section X. For
the purpose of receiving the Advance Payment, the Tenderer shall
make an estimate of, and include in its Tender, the expenses that will
be incurred in order to commence work. These expenses will relate to
the purchase of equipment, machinery, materials, and on the
engagement of labour during the first month beginning with the date of
the Procuring Entity’s “Notice to Commence” as specified in the
Contract Data Sheet.
42.1
The Procuring Entity proposes the person named in the Tender Data
Sheet to be appointed as Adjudicator under the Contract. If the
Tenderer disagrees with this proposal, the Tenderer should so state in
the Tender. If, in the Letter of Acceptance, the Procuring Entity has not
agreed on the appointment of the Adjudicator, the Adjudicator shall be
appointed by the Appointing Authority designated in the Contract Data
Sheet at the request of either party.
Page 24 of 89
Review of Procurement Decisions
Right to Review
43.1
A Tenderer who claims to have suffered or risk suffering, loss or
damage or injury as a result of breach of a duty imposed on a
Procuring Entity or an Approving Authority by the Public
Procurement and Disposal Act, 2005 and the Public Procurement and
Disposal Regulations 2006, the procurement proceedings or
processes, may seek administrative review as prescribed by the Act.
The following matters, however, shall not be subject to the
administrative review:
a) The choice of procurement method;
b) a decision by the Procuring Entity to reject all Tenders, proposals
or quotations;
c) Where a contract is signed in accordance to Section 68 of the
Public Procurement and Disposal Act,2005;
d) Where an appeal is frivolous.
Time Limit on
Review
44.1
Submission of
Applications for
Review by the
Public Procurement
Administrative
Review Board
45.1
45.2
The Tenderer shall submit an application for review in the number of
copies and pay fees as prescribed by the Public Procurement and
Disposal Regulations 2006 within fourteen (14) days of the time the
Tenderer became or should have become aware of the circumstances
giving rise to the complaint or dispute.
Any application for administrative review shall be submitted in
writing to the Secretary, Public Procurement Administrative Review
Board on Form RB 1 at the address shown in the Tender Data Sheet.
The secretary to the review board shall immediately after filing of the
request, serve a copy thereof on the Procuring Entity or DirectorGeneral as the case may be.
The application for administrative review shall be in accordance with
the requirements of Regulation 73 of the Public Procurement and
Disposals Regulations, 2006, including:
a) Reasons for the complaint ,including any alleged breach of the
Act or Regulations;
b) An explanation of how the provisions of the Act and or
Regulation has been breached or omitted, including the dates and
name of the responsible public officer, where known;
c) Statements or other evidence supporting the complaint where
available as the applicant considers necessary in support of its
request;
d) Remedies sought;
e) Any other information relevant to the complaint.
Decision by the
Public Procurement
Administrative
Review Board
46.1
The Administrative Review Board shall within thirty days after
receipt of an application for administrative review deliver a written
decision which shall indicate:
a) Annulling anything the Procuring Entity has done in the
procurement proceedings, including annulling the procurement
proceedings in their entirety;
b) Giving directions to the Procuring Entity with respect to anything
to be done or redone in the procurement proceedings;
c) Substituting the decision of the Review Board for any decision of
the Procuring Entity in the procurement proceedings;
d) Order the payment of costs as between parties to the review.
Page 25 of 89
Appeal on the
decision of the
Review Board
46.2
The decision made by the Review Board shall, be final and binding
on the parties unless judicial review thereof commences within
fourteen (14) days from the date of the Review Board’s decision.
47.1
Any party to the review aggrieved by the decision of the Review
Board may appeal to the High Court and the decision of the High
Court shall be final.
Page 26 of 89
SECTION III: TENDER DATA SHEET
Page 27 of 89
Tender Data Sheet (TDS)
Instructions to Tenderers Clause Reference
TDS
ITT
Reference
Clause
Number
Number
A. Introduction
The Procuring Entity is: The Kenya
Ports Authority (KPA).
1
1. 1.1
.
2.
Amendments of, and Supplements to, Clauses in the Instruction to
Tenderers
1.1
2.
3. 1.2
.
4. 1.3
.
5. 3.1
7
.
6. 7.1
7. 7.5
.
8. 7.6
Name of Project is SUPPLY, INSTALLATION AND COMMISSIONING OF
2
2NO. PANORAMIC LIFTS AND ASSOCIATED CIVIL WORKS AT
BANDARI COLLEGE
The expected completion date of
3 the works is (six) 6 months.
The Objectives of the Project are:
4 to provide 2No. passenger panoramic lifts at
Bandari college for students, staff and other users
This invitation to tender is open to contractors who are Duly Authorized Local
agents of manufacturers of panoramic lifts and who shall demonstrate Technical
and Financial capability to execute the works envisaged in the tender document and
are eligible electrical contractors registered with Ministry of Energy’s ERC Class
A2 and National Construction Authority Specialist Contractors Minimum NCA 5
There shall be a pre-planned site visit on Thursday, 10th April, 2014 starting
from 1000Hours. Interested and eligible candidates shall be required to gather at
the Bandari College Amphitheatre located in Bandari College. All bidders shall be
required to sign an attendance register as evidence of having participated in the site
visit. Bidders who shall not turn up for the pre – planned site visit shall make their
own arrangements to visit the site. Non – attendance shall not lead to
disqualification.
The minutes of the pre-Tender 1meeting will be transmitted within [Three (3 days)]
Non-attendance at the pre-tender meeting will not result in disqualification
B. Tendering Documents
9.
8.2
The number of copies to be completed and returned with the Tender is 1 i.e. One
ORIGINAL and Two (2) COPIES
10.
8.1
Address for clarification of Tendering Document is
The Secretary,
Corporation Tender Committee,
Kenya Ports Authority,
Mombasa, KENYA
Tel +254 041 2113600/999 Fax: +254-041-2226721
Email: ctcsecretary@kpa.co.ke
11.
9.2
Period to Respond to request for clarification by the Procuring Entity [2- days]
12.
10.1
Period Prior to deadline for submission of Tenders for Tenderers to request
clarification [seven (7) days]
C. Preparation of Tenders
13.
11.1
Language of Tender and all correspondence shall be English
Page 28 of 89
14.
12.1
Other information or materials required to be completed and submitted by
Tenderers :
Tenders shall be submitted in a two envelope systems (Envelope A Technical Submission and Envelope B - financial Submission) the two sealed
envelopes shall then be sealed in an outer envelope bearing the tender number
and name and a statement ‘ DO NOT OPEN BEFORE 1000 HOURS ON
THURSDAY, 24TH APRIL, 2014’
Envelope A shall contain the Technical submission and shall be clearly marked
“Envelope A – Technical Submission”. Envelope A shall contain NO
indication of the tender price or other financial information of the bid and: 
Shall have a table of contents pages clearly indicating Sections and
Page Numbers. The various sections shall be highlighted and arranged in
the format below and

Shall have pages in the whole document numbered in the correct
sequence and all pages MUST be initialled. THIS IS A
MANDATORY REQUIREMENT AND TENDERS WITHOUT
PAGE NUMBERS SHALL BE DISQUALIFIED.
Section
1. Profile
2. Manufacturer’s
Authorization
And certification
Requirements

Particulars of Tendering Company including the
Company background, statutory registration
documents e.g. Taxpayer Registration Certificate,
Valid County Single Business Permit and a Valid
/Current Tax Compliance certificate (TCC3) for
the Bidder.(MANDATORY)

Duly filled, signed and stamped Confidential
Business Questionnaire (MANDATORY).

Duly filled, signed and stamped Anti-Corruption
Declaration Commitment/ Pledge
(MANDATORY).

A Valid and Current Ministry of Energy’s ERC
Class A2 license (MANDATORY).

National Construction Authority (NCA),
Specialist Contractors category, Minimum NCA 5
(MANDATORY).

Civil subcontractor NCA 6 (MANDATORY).
Original Manufacturer’s Authorization Form for the lifts
in the format provided in the tender document - where the
bidder is not the manufacturer of the lifts quoted for
(MANDATORY).
Must submit a certified Copy of EN 81 Compliance from
the Manufacturing Factory. (MANDATORY).
3. Tender
Security
Original Tender Security of Kenya Shillings Two
Hundred Thousand (Kshs. 200,000.00) in the form of a
Banker’s guarantee or an Insurance Company Guarantee
issued by an insurance firm approved by the Public
Procurement Oversight Authority (PPOA), cash, letter of
credit or guarantee by a deposit taking microfinance
institution, Sacco society, the Youth Enterprise
Development Fund or the Women Enterprise Fund valid
Page 29 of 89
for 120 days from the date of tender opening in the format
provided in the tender document (MANDATORY).
4. Experience
5. Technical
Specifications
and Technical
schedules
Tenderers Experience In Similar works

Provide evidence to demonstrate that the bidder
have previously installed similar lifts and have
adequate technical knowledge and practical
experience in the last 5 years.

The Manufacturer must have minimum 10
years’ experience of manufacturing lifts. Proof
including site details, technical brochures must be
included with the tender.

List and contact details of sites where the bidder
has installed similar lifts complete with brief
description of project scope, contract value, and
Contract period. Site Visit may be requested to
prove the same. (Use the table format provided in
Confidential Business Questionnaire part D)
reference letters from the clients shall be an added
advantage.

Qualifications and Experience of Key Projects
Staff proposed for the Project (Team Leader, CoTeam Leader, and other Engineers) provide a list,
attach Curriculum Vitae (Use the table format
provided in Confidential Business Questionnaire
part E) and attach certified copies of professional
and academic certificates.

Key equipment proposed for the works and
evidence of ownership or lease (Provide a list
and attach evidence of ownership or lease).

The Manufacturers must have ISO 9001 quality
assurance Certification or equivalent certification
(MANDATORY).

Detailed Specifications and information of lifts
which the Contractor intends to install.

Detailed Information Brochures of the lifts and
details of manufacturer and their country of
origin, CE conformity certificate etc.

Statement of adherence to technical specifications.
This should be in form of a clause-by-clause
commentary on the Procuring Entity’s Technical
Specifications demonstrating substantial
responsiveness of the specifications.

A statement of deviations and exceptions to the
provisions of the Technical Specifications.
Tenderer’s Technical Specifications shall not be a
reproduction of the Procuring Entity’s specifications. The
schedule of deviations should be accompanied by a
commentary of how they enhance the operational
efficiency, cost effectiveness, maintainability, and
Page 30 of 89
durability, environmental and economic advantages.
6. Methodology
and work plan
Work plan for design, building, shipping, delivery, testing
and commissioning in descriptive Gantt chart format.
7. Under-takings
A written undertaking:
a. That the proposed components are of standard
non-customized type, which is likely to remain,
readily available throughout the working life of
the installation at least for a minimum of 25 years.
(MANDATORY)
b. to supply the lifts accompanied by all necessary
manuals from the original manufacturer of each
major component to be of good quality, plastic
covered, and in the English language required to
operate and maintain the lifts and in three (3)
copies for each of the following categories:
- Operation,
- Maintenance and Parts
(MANDATORY)
c.
Details that the bidder intends to carry out their
part of the obligations during the duration of
Warranty (defects liability) period - 12 months
after commissioning and how it shall be carried
out (MANDATORY).
d. Bidder shall submit the right information
brochures relevant to and in compliance to the
technical specifications of the Items offered.
(MANDATORY)
8. Major
Component
Manufacturer
Documentation
Form
9. Defects
liability
period support
plan
10. Spare Parts
11. Financial
Capacity
This should list the major components used on the lifts,
their manufacturers’ details to include name, address &
location, contacts and name of the contact person where
applicable and be submitted in the format provided in the
tender document (MANDATORY)
(NOTE: The manufacturer’s engineer shall give a
minimum 4 months on site technical support as long as the
Procuring entity has given notice to require their presence.
Thereafter, the manufacturer’s engineer shall be availed
on site within 48 hours of notification) (MANDATORY)
Recommended list of Tools and Spares to be supplied
with the lifts for three year's preventive maintenance
consumption after the 12 months Defect Liability period
(MANDATORY)
FINANCIAL CAPABILITY (MANDATORY)
In particular the bidders shall submit financial statements
for the last three (3) years i.e. 2010, 2011 and 2012 or
(2011, 2012 and 2013). The financial statements
submitted should be audited by a registered auditor and
Page 31 of 89
certified as true copies of the originals and should
comprise but not limited to: - a statement of financial
position, a statement of profit or loss and other
comprehensive income, a statement of cash flows, a
statement of changes in equity and explanatory notes to
the accounts.
Further, bidders shall be required to submit evidence of:i.
Evidence of access to credit lines, indicating the
credit limits (valid and current reference letters
from reputable financial institutions)
ii.
Access to or availability of financial resources
such as liquid assets, cash reserves, unencumbered
real assets (indicating the values) and other
financial means other than any contractual
advance payments.
iii.
Financial statements shall not be fabricated for
tendering purposes and bidders who don’t comply
with this requirement shall not be considered for
further evaluation.
Bidders in joint ventures must all submit their financial
statements and complete the Financial Data for 3 Years.
12. Accompanyin
g technical
documents
13. Information
regarding
litigation,
Operator manuals, Maintenance manuals etc Any other
item and information which the Tenderer considers may
support his technical proposal.(MANDATORY)
(Litigation history in the last ten years in the format
provided)
(MANDATORY)
Envelope B shall contain:
i.
ii.
iii.
iv.
16
13.1
Form of Tender.(MANDATORY)
Priced Bill Of quantities in format provided in the tender document
with rates and prices for all items including preliminary items
(MANDATORY)
Cost of spare-parts to be used for one year’s preventive maintenance
after warranty period. (MANDATORY)
Priced list of major spare parts, listed tools Accessories and
consumables (MANDATORY)
Minimum qualifying criteria shall be 80% of the marks in the technical
evaluation (Envelope A).
The marks shall be distributed as follows:
ITEM
Adherence to Technical Specification
(Only bids that meet a score of 80% i.e 48 out of
60 of the technical specification score shall be
considered)
Adherence to Technical Specifications as in
Tender Document for the panoramic lifts;
Page 32 of 89
Rating %
60





Elevator general data (20 Marks)
Car
(10 Marks)
Car doors (10 Marks)
Control System (10 Marks)
Drive system/machinery (10 Marks)
Tenderer’s experience
15




Company Profiles
Curriculum Vitae of Key staff
Equipment capability
Experience in similar works as proposed
by KPA, give at least five(5) sites and
referees of installations in the last five
years
 Proposed Method statement and program
(work method and schedule) for the whole
of the Works presented in Gantt chart
format depicting organizational capability
and experience for execution of similar
projects
 Detailed after sales support plan and
Warranty.
Proposed training for the clients personnel
 local training
 Factory training
 FATs
Audited Accounts for the last three years 2010,
2011 and 2012 or (2011,2012 and 2013)
TOTAL
10
5
10
100
17
13.2
In the case of joint venture each partner shall submit information required under
Clause ITT Clause 13.2 and a copy of the joint venture agreement entered into
by all partners shall be submitted.
18
15.3
The price shall be fixed. Variations shall be governed by the Public Procurement
& Disposal Act, 2005 and its Regulations of 2006.
19
16.1
The currency in which the prices shall be quoted shall be: Kenya Shilling or
United States Dollars
20
16.2
The authority for establishing the rates of exchange shall be Central Bank of
Kenya.
The applicable date for exchange rates for tendering and evaluation purposes is
28 days earlier than the final deadline for the submission of tenders.
21
22
17.1
18.1
The Tender validity period shall be 90 days.
The amount of Tender Security shall be Kenya Shillings Two Hundred
Thousand (Kshs. 200,000.00) in the form of a Banker’s guarantee or an
Insurance Company Guarantee issued by an insurance firm approved by the
Public Procurement Oversight Authority (PPOA), cash, letter of credit or
guarantee by a deposit taking microfinance institution, Sacco society, the Youth
Page 33 of 89
23
19.1
24
19.2
Enterprise Development Fund or the Women Enterprise Fund valid for 120 days
from the date of tender opening in the format provided in the tender document
In addition to submitting the original Tender, the Tenderer should submit two
copies of the original Tender
Written confirmation of authorization are Sealed Power of Attorney authorising
the signatory to commit the tenderer
D. Submission of Tenders
25
26
20.2 a)
20.2 b)
27
21.1
28
21.3
29
23.4
Tenders shall be submitted to:
Tender Box No. 7 located at the BUS TERMINUS, PORT MAIN
PEDESTRIAN GATE NO.8, KILINDINI, MOMBASA BEFORE 1000
HOURS ON THURSDAY, 24TH APRIL, 2014
Bulky tenders shall be submitted at the office of Head of Procurement &
Supplies located on the 4th floor of office Block III at the Kenya Ports
Authority Headquarters, Kipevu, Kilindini Mombasa BEFORE 1000
HOURS ON THURSDAY, 24TH APRIL, 2014
Project name: SUPPLY, INSTALLATION AND COMMISSIONING OF
2NO. PANORAMIC LIFTS AND ASSOCIATED CIVIL WORKS AT
BANDARI COLLEGE
Tender number : KPA/095/2013-14/EE
Time and date for submission, BEFORE 1000 HOURS ON THURSDAY,
24TH APRIL, 2014
The deadline for Tender submission is BEFORE 1000 HOURS ON
THURSDAY, 24TH APRIL, 2014
The extension of the deadline for submission of Tenders shall be made not later
than 7days; normally not more than seven days] before the expiry of the original
deadline.
Expiry of Tender validity is 90 days from tender opening date.
E. Opening and Evaluation of Tenders
31
31.1
The Tender opening shall take place as follows:
from 1030Hours at the Procurement Conference Room located at the New
Service Area (Kapenguria), in the former Supplies Accounts, Kenya Ports
Authority, Kilindini and Tenderers or their representatives may attend
Additional Preference [Nil]
32
33.1
Post- qualification will be undertaken where KPA deems it necessary
33
37.1
Percentage for quantities increase or decrease will be as deemed necessary by the
Procuring Entity.
30
24.1
F. Award of Contract
34
40.1
The amount of Performance Security shall be [10% of the contract price]in the
form of a Bank guarantee for an equivalent amount in the format provided
35
41.1
36
42.1
The Advance Payment shall be limited to a maximum of fifteen (15) percent of
the Contract Price] and in any event shall be covered by a Bank guarantee for an
equivalent amount in the format provided.
The proposed adjudicator for the project is:
The chairman Chartered Institute of Arbitrators Kenya Branch
Page 34 of 89
G. Review of Procurement Decisions
37
46.1
The address for submitting appeals to Administrative Review Board :
The Secretary,
Public Procurement Administrative Review Board ,
The Public Procurement Oversight Authority,
10th Floor ,National Bank House,
P.O. Box 58583-00200, NAIROBI, Kenya.
Tel: +254 (0) 20 3244000Email: info@ppoa.go.ke
Website: www.ppoa.go.ke
Page 35 of 89
SECTION IV: GENERAL CONDITIONS OF CONTRACT
The Conditions of Contract shall be :
A: MAIN ELECTROMECHANICAL WORKS
CONDITIONS OF CONTRACT (Including erection on site)
PART I – GENERAL CONDITIONS
PART I – General Conditions, shall be those forming Part I of the “Conditions of Contract for
Electrical and Mechanical Works – Including Erection on Site, Third Edition 1987, re-printed 1988
with Editorial Amendments” prepared by the Federation International des Ingenieurs – conseils
(FIDIC). The Conditions are subject to variations and additions set out in Part II hereof entitled
“Special Conditions”.
i.
The Special Conditions take precedence over the General Conditions of Contract.
ii.
Copies of the FIDIC Conditions of Contract can be obtained from:
FIDIC Secretariat
P.O.Box 86
1000 Lausanne 12
Switzerland
Fax:
41 21 653 5432
Telephone
41 21 653 5003
Page 36 of 89
PREAMBLE TO GENERAL CONDITIONS
This Preamble, the General Conditions, the Special Conditions, Technical Specification, Employer’s
and Contractor’s Drawings and Technical Literature, Schedules and Bills of Quantities and other
documents constitute the Contract documents.
The clauses and sub-clauses mentioned here are from the FIDIC conditions of Contract for
Mechanical and Electrical Works.
Commencement Date
Sub-Clause 1.1.1 (i)
The date for commencement of the works is 14 days from the date of
letter of notification by the employer subject to receipt of a letter of
acceptance
The Employer
Sub Clause 1.1.12
The employer is:
KENYA PORTS AUTHORITY
P.O. Box 95246-80104
Mombasa
The Engineer
Sub-Clause 1.1.15
General Manager Infrastructure Development
Kenya Ports Authority
P.O. Box 95009-80104 Mombasa
Time for Completion
Sub-clause 1.1.35
The Time for Completion from the Commencement Date will be agreed
at the time of tender award
Contractor’s Profit
Sub-Clause 1.6
The percentage to cover profit entitlement, where appropriate, is 18%.
Ruling Language
Sub-Clause 5.1
The version in English language (ruling language) shall prevail.
Day to day
Communications
Sub-Clause 5.2
The language for day to day communications is English.
Programme to be
Furnished
Sub-Clause 12.1
The Programme must be submitted in the form of GANTT Chart and
Method Statement.
Electricity, Water, Gas
and Other Services
Sub-Clause 14.3
Supplies on the site are:
a. Electricity: Shall be supplied by the Employer
b. Water: Shall be supplied by the Employer
c. Other Services: The Employer shall not provide any other services.
Employer’s Equipment
Sub-Clause 14.4
The Employer will not avail for use by the Contractor any equipment
Working Hours
Sub-Clause 18.3
The normal working hours are 0800Hours to 1700Hours Monday to
Friday
Delay in Completion
Sub-clause 27.1
Failure to meet the Time for Completion entitles the Employer to
reduction in Contract Price as follows:
Kshs. 100,000.00 per day
Maximum Kshs. NO LIMIT
Page 37 of 89
Prolonged Delay
Sub-Clause 27.2
Maximum amount recoverable from the Contractor by the Employer:
110% of the value of uncompleted work.
Terms of Payment
Sub-Clause 33.1
In addition to the provisions under Clause 33, the terms of payment
shall be on the basis of payment Schedule (if any) annexed to this
Preamble.
Payment in Foreign
Currencies
Sub-Clause 35.1
Payment in foreign currencies shall be arranged as follows: Shall be in
US DOLLARS or equivalent
Rates of Exchange
Sub-Clause 35.3
The rates of Exchange for the purpose of the Contract are: Not
Applicable.
Payment against
Provisional Sums
Minimum Liability
Sub-Clause 36.4 (b)
The percentage to be applied to Provisional. Nil
Sub-Clause 42.2
The maximum liability of the Contractor to the Employer shall be
Contract sum.
Insurance of Works
Sub-Clause 43.1
The deductible limits in the insurance cover of the Works shall not
exceed 10%
Sub-Clause 43.1 (a)
The additional risks to be insured are:
110% of the value of loss of damage
Third Party Liability
Sub-Clause 43.3
The amount of insurance against third party liability taken out by the
Contractor shall not be less than: Kshs. 200,000.00
Payment on Termination
for Employer’s Default
Sub-Clause 46.3
The additional amount payable by the Employer on termination shall not
exceed : Kshs.100,000.00
Labour, Materials and
Transport
Sub-Clause 47.1
The method of Calculating adjustments for changes in costs shall be:
Adjustments for changes in the cost of labour, materials, transport or
other costs shall not be allowed.
Notices to Employer and
Engineer
Sub-Clause 49.2
The address of the Employer for notices is:
THE SECRETARY,
CORPORATION TENDER COMMITTEE
KENYA PORTS AUTHORITY
P. O. BOX 95246-80104
TEL: +254-41-2113999/3600, FAX: +254-41-2226721
E-MAIL: ctcsecretary@kpa.co.ke
Applicable Law
Sub-Clause 51.1
The applicable law is the laws of the Republic of Kenya.
Procedural Law for
Sub-Clause 51.2
Page 38 of 89
Arbitration
The Procedural Law for arbitration is the laws of the Republic of Kenya.
Language and place of
Arbitration
Sub-Clause 51.3
The language of arbitration is English language. The place of arbitration
is Mombasa Kenya.
Page 39 of 89
PART II – SPECIAL CONDITIONS OF CONTRACT
The Conditions of Contract comprise the “General Conditions of Contract” and the following
“Special Conditions of Contract” which include amendments and additions to the “General
Conditions of Contract” and the Special Conditions of Contract.
The provisions in the “General Conditions of Contract” shall apply unless modified in Sub-Section
3.3: special Conditions of Contract”.
(The Clauses referred to in Part II – Section A are those where the provision in the General
Conditions (Part I) refer to an alternative solution to be stated in Part II. The provisions in the
General Conditions will apply unless an alternative solution is given in Part II – Section A.)
Table 3.1
Ser General
ial Conditions
No. Clause No.
01
1.1.12
Brief Description
Modification
Employer
The Employer shall be:
Kenya Ports Authority
P. O. Box 95009-80104
Tel. No. +245-41-2311867
Fax No. +254-41-2226721
Email: ctcsecretary@kpa.co.ke
The Engineer shall be:
General Manager Infrastructure Development
P. O. Box 95246-80104
Tel. No. +245-41-2311867
Fax No. +254-41-2226721
Email: asamatar@kpa.co.ke
The Defects Notification Period shall be 12 months.
02
1.1.15
Engineer
04
1.1.11
05
4 (Sub-clause
6.6.)
06
9.0
Defects
Notification
Period
Operation and
Maintenance
Manuals
Price Variation
07
10.1
Performance
Security
08
Invitation
Tender Validity
Period
09
25.1
Time for
completion
Operation and Maintenance Manuals shall be in
English language.
9.1
Contract price variations shall not be
allowed for contracts not exceeding one year
(12 months)
9.2
Where contract price variation is allowed,
the variation shall not exceed 25% of the
original contract price.
9.3
Price variation requests shall be processed
by the procuring entity within 30 days of
receiving the request.
Performance Security shall be 10% of the Contract
sum in the form of a bank guarantee in the format
provided
The Tender shall remain valid for a period of 120
days from the date of submission.
The time for completion shall be agreed at the time
of Tender Award.
The scope of work shall include:
1.
This part of the contract shall comprise the
supply delivery, erection, testing,
commissioning and setting to work of all
engineering installation works as detailed in
Page 40 of 89
these specifications and the accompanying
contract drawings.
2.
10
26.3
Earlier
Completion
11
-
Currency of
Payments
Terms of Payment
Sub-Clause
33.1
The contractor shall include all apparatus
and appliances not particularly called for in
this specification or on the contract drawings
but which are necessary for completion and
satisfactory function of the contract works.
No claim for extra payment shall be
entertained from the contractor due to his
failure to adhere to the above requirement.
There will be no extra sum paid for partial or full
completion earlier than the stated Time for
Completion.
Currency shall be Kenya Shillings or US Dollars.
In addition to the provisions under Clause 33, the
terms of payment shall be on the following:
i. On Signing of Contract Advance payment of
15% of the contract price against an
approved advance payment Bank guarantee.
ii.
45% of contract price upon receipt of
evidence of shipping.; Clean Bill of Lading
shall be provided by the contractor,
evidencing the shipment of the materials
iii.
20% of contract price upon installation.
iv.
10% of contract price upon commissioning.
v. 10% of contract price - Retention money on
expiry of warranty period - (The release of
the 10% retention money can be replaced
with a warranty
bond covering the
warranty period, issued by a
reputable
bank with operations in Kenya and
approved by the Procuring Entity).
12
-
Sufficiency of
Contract Prices,
Materials, Labour,
Programme
etc
a) The Contractor shall be deemed to have obtained
all necessary information as to the conditions of
working at the site in KENYA PORTS
AUTHORITY and have obtained all necessary
information on all matters and things that may in
any way influence them in making his Tender and
completing the Schedules and to have satisfied
himself as to the risks, obligations and
responsibilities to be undertaken in entering into the
Contract.
b) The Contractor is deemed to have inquired into
and satisfied himself as the sources of supply, the
sufficiency of and the means of obtaining and
transporting all plant, materials, labour, fuel, water,
electricity and other things required for or in
connection with the work and to have considered all
matters as possible contingencies affecting the
execution and completion of the work
Page 41 of 89
13
-
Bribery
Any commission, advantage, gift, gratuity, reward or
bribe given, promised or offered by or on behalf of
the contractor or his agent or servant or any other
person on his or their behalf to any officer, servant,
representative or agent of the Employer shall be in
addition to any criminal liability which may be
thereby incurred subject to the Contractor to the
cancellation of this and all other contracts which he
may have entered into with the Employer of any loss
or damage resulting from such cancellation
The Employer shall be entitled upon a certificate in
writing of the Engineer to deduct the amounts so
certified from any monies otherwise due to the
Contractor recover the said amounts as a debt due or
partly the one and partly the other as the Employer
shall deem advisable.
14
-
First Aid Facilities
The Contractor shall provide and maintain on the
Site adequate and easily accessible first aid facilities
for treatment of all personnel and work-people in
case of accidents during the execution of the works
under the Contract and such equipment as may be
required in any relevant laws and regulations for the
time being in force.
15
-
Fire Prevention
and Fire Fighting
16
-
Regulations and
site Discipline
17
-
Register of
Employees
The places where these items are kept shall be
prominently marked.
A sufficient number of the Contractor’s employees
shall be fully qualified in first aid so that a person so
qualified is immediately available in case of accident
at any time and at any place and the persons so
designated shall be made known to all employees by
the posting of their names and designation in a
prominent position on the Site. Any order from the
engineer as to extensions of or alterations to such
first aid facilities or services shall be promptly
carried out. The Contractor shall provide, maintain
and at all times carry a suitable first aid kit in each
of his supervisory transport vehicles.
The Contractor shall take necessary precautions to
prevent any damage due to fire. The precautions
shall include but not limited to the installation and
maintenance of fire extinguishers in key positions in
or near the buildings. Such arrangements shall be
subject to the approval of the appropriate fire service
officer.
The Contractor shall obey all Government of Kenya,
Local authority and Kenya Ports Authority
regulations and all other regulations which may from
time to time require his observance and he shall
instruct his agents, servants and other employees to
obey such regulations; the Contractor shall be
responsible for keeping discipline of the Site.
The Contractor shall keep on the site a detailed
register in the form required by the Engineer of all
persons employed upon the Works, including Sub-
Page 42 of 89
contractors and their employees, containing the
names, usual and temporary address, trade and rate
of pay of each such person. The register shall be
available for inspection by the Engineer whenever
required.
18
-
Disorderly
Conduct etc
The Contractor shall at all times take all reasonable
precautions to prevent any unlawful riotous or
disorderly conduct by or amongst his employees and
for the preservation of peace and protection of
persons and property in the neighbourhood of the
Works against the same and shall not interfere with
members of any authorized Police Force who shall
have free and undisputed access at all times to any
part of the Works in the performance of their duties.
19
-
Consent by
Authorities
The contractor shall obtain and fill in all notices and
forms required by the Authorities and shall obtain all
consents where necessary for the various works
being executed and shall pay all fees in connection
therewith.
20
-
Declaration
Against Waiver
The condonation by the Employer of any breach or
breaches by the contractor or an authorized SubContractor of any of the stipulations and conditions
contained in the Contract shall in no way prejudice,
or effect or be construed as a waiver of the
Employer’s rights, powers and remedies under the
Contract in respect of any breach or breaches
aforesaid.
Page 43 of 89
SECTION V: TECHNICAL SPECIFICATIONS
5.1
GENERAL
5.1.1.
These specifications describe the basic requirements for equipment. Tenderers are requested
to submit with their offers the detailed specifications, drawings, catalogues, etc for the
products they intend to supply.
5.1.2.
Tenderers must indicate on the specifications sheets whether the equipment offered comply
with each specific requirement.
5.1.3.
All the dimensions and capacities of the equipment to be supplied shall not be less than those
required in these specifications. Deviations from the basic requirements, if any, shall be
explained in detail in writing with the offer, with supporting data such as calculation sheets,
etc. The Authority reserves the right to reject the products, if such deviations shall be found
critical to the use and operation of the products
5.1.4.
The tenderers are requested to present information along with their offers as follows; Information on proper representative and/or workshop for back-up service/repair and
maintenance including their names and addresses
Page 44 of 89
5.2
SCHEDULE OF REQUIREMENTS FOR BANDARI COLLEGE PANORAMIC
PASSENGER LIFT
5.2.1.
The work for installation of new PANORAMIC LIFT at Bandari college shall involve:


5.2.2
Construction of the shaft (Hoist way).
Supply and Installation of 2 new Panoramic Lifts
Testing, commissioning and handing over to KPA.
The criteria to be used in selecting a suitable Panoramic Lift include:











5.2.3.
Space efficiency , the lift shall be Machine Room Less
Adequate passenger transportation capacity
Short waiting times.
Oral/voice announcement in elevator car
Comfort, convenient and quiet operation or very soft music.
Safety.
Attractive and environmentally friendly design.
Reliability and efficiency.
Ease of maintenance
Energy saving: instruments for monitoring power factor to be provided.
Prioritized selected floors
Detailed information as requested in the technical specifications requirements.
The Main Features of the PANORAMIC LIFT:-
5.2.3.1 Passenger Panoramic Lift Car
Must be designed to endure heavy passenger traffic; they must be comfortable. The touch
buttons and signal equipment must be ergonomically designed for easy observation and use.
Car levelling shall be within plus or minus 3mm. Bidders shall specify the guaranteed
tolerance under all loading conditions. Lamps shall be of the energy saving type.
5.2.3.2 Power-operated doors
The two-panel centre opening doors must be AC power operated with effective safety
devices. The safety devices shall include retractable safety edge or electronic detector and a
door pressure switch.
The door shall have durable enamel coatings or other surface materials.
The door hold-open time shall be controlled by a photocell or other specifies electronic
circuits.
5.2.3.3 Control system
The Panoramic Lifts shall incorporate a well-planned and efficient control system.
Each landing must have up and down buttons and lift must respond to calls selectively.
The panoramic lift is to automatically home in to the lobby level to cater for incoming traffic
although at the end of the day the panoramic lift must park at the top landing for security
reasons.
It shall be possible to control traffic using state of art of information technology/electronic
equipment to improve safety, and reduce waiting times.
Page 45 of 89
The controls should operate reliably and efficiently without being adversely affected by heat,
cold, dust, or humidity.
5.2.3.4 Drive System
In order to improve on energy conservation the drive shall be gearless variable voltage and
Variable frequency controlled type with rated speed of approximately 1.0m/s and shall be
vibration free.
5.3.3.5 Installation, testing and commissioning
Qualified staff shall carry out the installation work competently in accordance with
international and local standards. At the completion of the installation the plant shall be
inspected, tested and certified as statutorily required.
5.2.3.6 Maintenance
The supplier must have highly skilled and efficient maintenance procedures in place to
minimize lift down time. Therefore the bidders are required to submit a proposal for
maintenance of the equipment. The charges shall be clearly specified for the lifts on offer.
5.2.3.6 Summary of Lift Specifications
To be completed for type of Panoramic Lift offered and submitted as part of the tender document by
bidders.
SUMMARY OF LIFT SPECIFICATIONS
Requirement
Bidders Offer
1
Elevator general data
1.1
Make
Bidders to specify (for the
PANORAMIC LIFT and for
each major item)
1.2
Country of origin
Bidders to specify (for the
panoramic lift and for each
major item)
1.3
Travel height
Approx 20 meters
1.4
Number
of One car group
elevators/group
1.5
Load
Approx 1000kg
1.6
Travel speed –m/s 1m/s
1.7
Stops/openings
5stops / 5landings
1.8
Roping
2-1
2 Car
2.1
Side wall
KPA
skin-plate-colour
to
approval (Bidders to include
types)
2.2
Front Wall
KPA
skin-plate-colour
to
approval (Bidders to include
types)
2.3
Ceiling type
Full flat honeycomb diffuser or
full ceiling lighting with energy
saving lamps.
2.4
Mirror
Smoked finish, half-height on
side walls.
2.5
Handrail
Round brushed stainless steel
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on two walls.
Anti-slip linoleum or rubbercolour
side Extractor 240V 50Hz
2.6
Floor finish
2.7
Fan plus
vents
Other apparatus
Other apparatus
2.8
2.9
3
Car door
3.1
Type
3.2
3.3
3.4
3.5
Door opening
Door height
Door width
Interior Finish
3.6
Safety devices
4 Landing door
4.1
Type
4.2
Finish
Entrance
Telephone
Oral/voice announcement in
elevator car
Fully automatic AC power
operated, two panel quieter
centre-opening.
centre-opening
Approx. 2100mm
Approx. 900mm
Laminate and Brushed stainless
steel
 Full height infra-red
retractable safety edge
or higher reliability
electronic detectors and
a door pressure switch
 Door photocell (Light
Ray Sensor)
 Closing force limiter
 Appropriate keys
Center-opening,
approx.
900mm clear opening
KPA skin plate-colour to
approval
Splayed Jamb, Light blue
Aluminium frame
5
Control System
5.1
Microprocessor-controlled
system, fully up and down
collective.
5.2
Environmental endurance
5.3
1.Fireman’s control
2.Override Emergency switch
to summon panoramic lifts
rapidly to ground floor
5.4
Accurate electronic levelling
5.5
Jerk less and smooth starting,
acceleration, declaration and
stops
6
Optical & acoustic signals
6.1
Car
operating Economically designed elegant
panel type
touch buttons with LED call
acceptance illumination.
6.2
Car
operating Brushed stainless steel panel
panel finish
Landing
Combine
digital
position
6.3 signalization
indicator and hall call at main
Type
landings.
Page 47 of 89
Electronic
gongs
and
directional arrows at all other
floors.
7 Drive system/machinery
7.1
Hoisting machine Gearless traction
7.2
Drive type
Variable
voltage
variable
frequency, VVVF
7.3
Power supply
3 Phase + neutral + earth
1 Phase + neutral + earth
7.4
7.5
7.6
Frequency
Voltage
Power factor
50Hz
415V /240V
Greater than 0.90lag
8
Regulations/Dire
ctives
Design, installation, testing and
certification
to
EN81/BS5655/96-16-EC/8933EE/89-106-EEC/local
and
directive 95/16EC
5.3 CIVIL WORKS
5.3.1Reinforcement Materials
Quality of Materials
Steel for reinforcement shall comply with the requirements of BS 4449:1997 - "Carbon steel bars for
the reinforcement of concrete"
All steel for concrete reinforcement shall be entirely free from mill scale, loose rust, pitting, oil,
grease, paint and other deleterious matter before being used in reinforced concrete work.
Certificates
The Contractor shall supply to the Engineer a manufacturer's test certificate for each consignment of
reinforcement delivered to the Site, together with a delivery note stating the weight, number, length,
dimension and place of origin of the bars or fabric in each consignment
Samples for Testing
The Contractor shall, under the supervision of the Engineer cut samples from any of the reinforcing
bars or fabric whenever directed and the Contractor shall despatch such samples for testing as the
Engineer may from time to time direct. Minimum sample length shall be 600mm or 20 times the bar
diameter whichever is greater.
Binding Wire
All binding wire shall be galvanised steel wire No.16 SWG (1.6 mm diameter).
Storage
All reinforcement shall be stored at least 300mm off the ground. Bar or rod reinforcement shall be
stored in suitable racks. Reinforcement shall be kept in a clean condition until it is required to be
used.
Cutting and Bending
Bending Schedules
The Contractor will be provided with Bending Schedules of the reinforcement required for the
Page 48 of 89
Permanent Works but the Contractor shall be responsible for checking the schedules before ordering,
cutting or bending the reinforcement.
The preparation of any additional Schedules necessary for the approved methods and sequence of
construction, including any additional reinforcement required, will be the responsibility of the
Contractor. The Schedules shall be submitted to the Engineer for approval before cutting or bending.
Cutting & Bending
Bars shall be cut and bent to the dimensions shown on the Drawing and bending schedules in
accordance with BS 8666:2000.
All bars shall be cold bent by the gradual and uniform application of pressure such that the material is
not injured in any way. No heating of the bars will be permitted without the prior approval of the
engineer.
Tolerances
Tolerances shall be as specified in BS 8666:2000
Re-bending
Bars shall not be straightened or bent again once having been bent. Where it is necessary to bend mild
steel reinforcement projecting from the concrete, the internal radius of bend shall not be less than
twice the diameter of the bar.
Fixing
Placing of Reinforcement
The size, form, spacing and location of all steel reinforcement shall be in exact accordance with the
Drawings and the Contractor shall ensure that the reinforcement is fixed and placed correctly in all
respects, within a tolerance of + or -5 mm of the correct position and that it shall not move in the
forms during concreting. All ties, links stirrups etc. shall be taut, and the bars properly braced and
tied.
There shall be no direct connection between any reinforcement within a concrete member and any
metalwork on the surface of the member.
The Contractor shall provide all spacer bars, chairs and distance pieces necessary to retain the
reinforcement in the correct position and to maintain a rigid reinforcement cage during concreting.
Binding Wire
Binding wire shall be finished tight with the correct tools. The free ends of the binding wire shall be
bent inwards away from the formwork.
Splices and Laps
No splices or overlapping of reinforcement shall be made except where shown on the Drawings or
approved by the Engineer. Unless otherwise shown on the Drawings, the bars shall be provided with
an overlap of not less the lap length specified in Table 3.27 of BS 8110: Part 1: 1997. The gap
between pairs of lapped bars shall not be less than the diameter of the larger bar or the maximum size
of the concrete aggregate. Fabric reinforcement shall be fixed in position with lapped joints of two
meshes and shall be securely bound to any supporting bars with binding wire.
Welding of Reinforcement
Reinforcement shall not be welded except with the approval of the Engineer, who will require
detailed procedures to be submitted for his approval.
Cover
Cover to reinforcement shall be no less than the minimum cover specified on the Drawings and in
general shall not exceed this by more than 10mm except where there are local depressions in any
underlying surface. Spacer blocks not exceeding 50mm square and of the correct depth for the
specified cover, made of concrete not leaner than one part of cement to two parts of fine aggregate
shall be used to maintain the specified cover. Spacer blocks shall be securely wired to the
reinforcement of approved pattern may be used.
Page 49 of 89
Inspection of Reinforcement
No concreting shall be commenced until the Engineer has inspected the reinforcement fixed and
placed in position and given his written approval. Prior to concreting the reinforcement shall be
washed with fresh water to remove any surface contamination and shall be free of surplus water
before concrete is place.
Starter Bars
Reinforcement temporarily exposed from the concrete such as starter bars, shall immediately be
protected against corrosion after concreting, in a manner to be approved by the Engineer.
Tie Bars
All reinforcement passing through a movement joint shall be protected with three coats of approved
bituminous paint after cleaning and preparing the bars. The protection shall extend across the joint
and a minimum of 25 mm into the concrete.
5.3.2 Normal Concrete
Standards
Except where modified by this Specification, the provisions of British Standards BS EN 206-1:2000
and BS 8500 shall be applicable to the Works. Concrete shall be a designed mix unless specifically
stated otherwise on the Drawings or in item descriptions in the Bill of Quantities.
Cement
General
Only CEM I Class 42.5 N (or higher strength) Portland cement complying with the requirements of
Kenyan Standard KS EAS 18-1:2001 shall be used in the works unless otherwise specified, ordered
or permitted in writing.
Alkali Content
The total acid soluble alkali content ( Na20 + 0.658 K20) of the cement shall not exceed 0.60% by
weight except where otherwise approved.
Supply
The Contractor shall inform the Engineer of the brand name and manufacturer of the cement which he
proposes to use in the Works. The Contractor shall not place the order for the cement before the
Engineer's approval of the cement is obtained.
The Contractor shall not use cement from a different source or of a different composition to that used
in the preparation of trial mixes unless approval of the Engineer has been obtained and until any
further trial mixes required by the Engineer have been made and tested.
Testing
Whenever required by the Engineer the Contractor shall take samples, under supervision, of the
cement that he intends to use in the concrete and carry out such tests as required by the Engineer , in
accordance with Kenyan Standards KS 1260 and KS 1261.
Each consignment of cement shall be brought to the site in sufficient time to allow tests to be carried
out before the cement is used in the Works.
Delivery
Cement shall be delivered to the Site either in bags or in suitable containers. Each bag or container
shall be sealed and marked with the name of the brand and manufacturer and the number of the
consignment. The Contractor shall make the necessary arrangements for deliveries to be made
sufficiently frequently to ensure freshness. Delivery arrangements for bulk cement shall be to the
Engineer's approval.
When each consignment of cement is delivered to the Site the Contractor shall supply the Engineer
with a statement showing the quantity so delivered, the number of the consignment, the name of the
manufacturer, the date of grinding and the number and date of the manufacturer's test certificate
relating to that consignment.
Page 50 of 89
If a consignment of cement is delivered to the site without a manufacturer's certificate then the
cement shall be tested in accordance with Clause 905 before being used in the works.
Storage
Cement shall be unloaded and stored in such a way that it will not deteriorate as a result of dampness
or contamination.
Cement in bags shall be stored in weather proof buildings or bins, the floors of which shall be at least
150 mm off the ground. An air space shall be left between the floor and the bottom layer of bags.
Each consignment shall be stacked separately so as to permit easy access for inspection and a record
shall be kept so that each consignment may be identified. Storage shall be arranged so that the cement
is used in the order of delivery.
Cement in bulk shall be stored in suitable weather proof silos. Cement of different source or of
different type shall be stored in separate silos. The Contractor shall keep a complete record of the
flow of cement through the silos so that any cement drawn off can be related to a particular
consignment. Stocks of cement shall be used in the order of delivery and the Contractor shall inform
the Engineer when issues from a fresh consignment are about to begin.
No loose cement that has been spilt from damaged bags or has escaped from bulk containers or silos
shall be used in the permanent works.
Aggregates
General
Concrete aggregates shall comply with the requirements of EN 12620 except where modified by this
Specification and be obtained from sources approved by the Engineer. Such approval shall not relieve
the Contractor of his responsibilities to ensure that the aggregates comply with the requirement of this
Specification.
Approval
Before commencing trial mixes the Contractor shall submit for approval by the Engineer, a 50 kg
sample of each type of aggregate that he proposes to use together with all the test results stating the
source of supply. When approved the samples shall be retained on site by the Engineer for reference
and comparison with later deliveries.
If during the course of the Works the Contractor wishes to change the source or nature of any
aggregate which has been approved, he shall first submit a sample with all the test results to the
Engineer for his approval and retention.
Sampling and Testing
The Contractor shall carry out regular sampling and testing of the aggregate stockpiles as directed by
the Engineer. As well as meeting the requirements of EN 12620, aggregates shall be sampled and
tested in accordance with the further requirements of this Specification
Alkali Reactivity
Aggregates shall be tested chemically in accordance with ASTM test C289. If the test shows them to
be deleteriously or potentially deleteriously reactive with the alkalis in the cement then an alternative
source of aggregates shall be used.
Chloride Content of Aggregates
The Chloride content of the aggregates shall be determined in accordance EN 1744-1:1998. Where
the chloride content of the aggregates is such that the total chloride content of the concrete mix would
exceed the chloride content specified for the concrete use, the aggregates shall be washed with fresh
water, by means approved by the Engineer, to reduce the total chloride content of the mix to 0.40%
by weight of cement or less.
Properties of Coarse Aggregate
The coarse aggregates shall be crushed natural stone or gravel and have the following characteristics
when tested according to:
Page 51 of 89
(a)
(b)
EN 933:
grading as per EN 12620 Table 2
clay, silt, dust and other deleterious matter (by weight) max 1.5%
flakiness index: EN 933-3
FI35
elongation index:
max30.0%
particle density EN 1097-6-2000
min 2600 kg/m3
water absorption: EN 1097-6
max 3.0%
impact value: BS 812:Part 112:1990
max 30.0%
crushing value: BS 812:Part 110:1990
max 30.0%
ASTN C88
loss after 5 cycles of immersion and drying shall not exceed 12% when tested
for soundness using sodium sulphate or 18% using magnesium sulphate
Properties of Fine Aggregates
The fine aggregates shall have the following characteristics when tested according to:
(a)
EN 933-1 and EN 1097-6
grading within the limits of grading CP or MP as Table B1 of EN
12620:2002
(b)
-
clay, silt, dust and other deleterious matter:
(by weight):
max 3.0%
-
apparent relative density: EN 1097-6
min 2.5
ASTM C125
fineness modulus shall not be less than 2.3 nor more than 3.1
Storage
Aggregates shall be stored on clean, well-paved and properly drained areas which are not liable to
flooding. The various sizes and types of aggregates shall be separated by solid dividing walls
Moisture Content
Wet fine aggregate shall not be used until in the opinion of the Engineer, it has drained sufficiently to
ensure proper control of the water/cement ratio.
Coarse aggregates shall be surface dry and saturated when used in preparing concrete and stock piles
shall be watered as necessary to achieve this.
Water for Concrete Mixing
The Contractor shall make his own arrangements to the approval of the Engineer for the supply and,
if necessary, the metering of fresh water for mixing concrete, curing and for all other purposes. The
Water shall be clean, free from deleterious matter in solution or suspension and shall comply with the
requirements of EN 1008:1997
Admixtures
Use of admixtures and cement containing additives will only be permitted with the Engineer's written
approval. Where admixtures are permitted they will conform to EN 934-2.
Concrete Quality
Classes of Concrete
The various classes of concrete shall be in accordance with Table 9.1:
Table 9.1: Schedule of Concrete Mixes
Mix Reference
Compressive strength class
A1
C25/30
A2
C16/20
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A3
C12/15
A4
C32/40
Exposure class
Maximum nominal upper
aggregate size
Maximum Chloride content
Maximum water cement
ratio (Table F.1)
Minimum Cement
Content(kg)
XS1
Dmax 20
X0
Dmax 40
X0
Dmax 40
XS1
Dmax 10
Cl0,4
0.5
Cl0,4
0.55
Cl0,4
0.6
Cl0,4
0.5
325
240
210
325
Chloride Content of Concrete
The total chloride content of the concrete mix arising from the aggregate and from any other source
shall be class Cl 0, 40 as Table 10 of EN 206-1:2000. The chloride content shall be measured in
accordance with EN 1744-1:1998.
Trial Mixes
General
The Contractor shall prepare trial mixes and carry out initial testing in accordance with Clause 9.5
and Annex A of EN 206-1:2000 using three batches for each concrete mix.
Approval of Mixes
The Contractor shall submit to the Engineer for approval full details of the trial Mixes he proposes to
adopt for the works including:i.
the grading of the coarse and fine aggregates
ii.
the ratio by weight of all constituents of the mix;
iii.
the compaction factor and slump test result;
iv.
the test cubes results
No concrete shall be used in the works until the test cubes have attained the required strength and the
mix has been approved in writing by the Engineer.
Calculations to be Provided
The Contractor shall supply copies in triplicate to the Engineer of all calculations relevant to the
determination of the proportions of each class of concrete, and shall prove the sufficiency of such
calculations to the satisfaction of the Engineer.
Batching and Mixing
Measuring Materials
All cement and aggregates shall be measured by weight. The amount of water added shall also be
measured, due allowance being made for the water content of the fine aggregate. The moisture
content of fine aggregate shall be measured using an approved device.
Accuracy of Measuring Equipment
Weigh-batching machines shall be kept clean and in good condition and adjustment.
The Engineer shall require, at reasonable times, the Contractor to check the accuracy of each weigh
batching machine and water measuring device in the presence of the Engineer. The accuracy to be
attained in each case shall be within ±3% of the quantity of cement, water or total aggregates being
measured.
Mixing
Concrete shall be thoroughly mixed to a uniform consistency . Each batch of concrete shall be mixed
for a minimum of two minutes after all the materials have been added.
The mixer shall be washed out with cement grout before mixing the first batch after any stoppage or
alternatively the first mix shall be discarded. After every stoppage the mixer shall be thoroughly
cleaned and washed out.
Concrete shall be discarded from the mixer or agitator onto a level, clean watertight platform or floor
or into watertight receptacles.
Concrete which has commenced to set shall not be re-mixed and shall not be used in the permanent
Page 53 of 89
works.
Quality Control and Testing
Quality Control
The Contractor shall provide full time on site a fully qualified Concrete Supervisor whose duties shall
include day to day supervision of the constituents, concrete mixing, placing, sampling, testing and
record keeping.
The Contractor shall ensure that his Concrete Supervisor is aware of the importance of maintaining a
uniform quality of concrete and that he is experienced in detecting variations in quality and
workability and rapidly correcting the same.
The Contractor shall carry out such tests as the Engineer may require to check the proportions of the
ingredients of any concrete being produced.
Testing of Concrete
Three 150 mm test cubes shall be made from each sample of concrete taken from a section of work as
required by the Engineer. Samples of each class of concrete shall be taken at the rate detailed or for
each shift's work where this is less than the rate detailed. Cubes shall be made, transported, cured in
accordance with EN 12390-2 and tested for compressive strength in accordance with EN 12390-3.
Compliance with Characteristic Strength
Compliance with the characteristic strength shall be assessed as provided for in EN 206-1:2000.
Results of Tests
The results of all works tests carried out to control the quality of concrete and concrete materials shall
be recorded by the Contractor on suitable forms provided by him which shall be subject to the
approval of the Engineer. The contractor shall supply to the Engineer three copies of the results of
each test.
Unsatisfactory Test Results
Should any of the results of the specified works tests on concrete or materials be unsatisfactory the
Engineer may take one of the following actions:i. Reject the work and instruct that the section of the Works to which unsatisfactory test results relate
be cut out and replaced at the Contractor's expense.
ii. Instruct the Contractor to carry out additional tests and/or works to ensure the soundness of the
structure at the Contractor's expense.
iii. Accept the work. Any decision to do so shall be with the Employer's approval and at the
Engineer's discretion and the rate of payment for the appropriate items shall be decided by the
Engineer.
iv. In the case of any test result at 7 days being less than 55% of the characteristic strength, or an
amended percentage based on test results for the trial mixes the Engineer may order that work
affected be stopped but it shall not be liable to rejection until the results of the 28 day tests are
known. Any delay to construction due to the results at 7 days being unsatisfactory shall be at the
Contractor's expense.
Following the failure of test cubes to reach the required standard, the Contractor shall, on the
instructions of the Engineer, take one or both of the following steps:
i. He shall alter his methods of making concrete and control its quality so as to reduce its
variability.
ii. He shall alter the proportions of the concrete mix so as to increase its compressive strength.
Casting of Concrete
Transportation of Concrete
All concrete shall be transported in bottom-opening skips or vehicles of a type and size approved by
the Engineer. Concrete shall be so transported and placed that contamination, segregation or loss of
Page 54 of 89
the constituent materials does not occur.
Placing Concrete
Concrete shall not be placed in any part of the Works without the prior written approval of the
Engineer who shall be given a minimum of 24 hours notice by the Contractor of his wish to do so. No
concrete shall be placed outside normal working hours unless the Engineer so approves.
Concrete shall be placed in its final position and all compaction shall be completed within 30 minutes
of the time of commencement of mixing.
Fresh concrete shall not be placed against previously placed concrete in the same pour which has
been in position for more than 30 minutes or where the initial set has taken place.
Concrete shall be placed and compacted in such a way that previously placed and compacted concrete
is not disturbed. Concrete shall not be placed in a manner which in the Engineer's opinion precludes
even distribution of its constituents and full compaction of the concrete.
Concrete shall be placed uniformly in layers not exceeding 300 mm in depth in its final position in the
works and shall not be caused to flow into position by vibration or other means. The surface of the
work shall be kept generally horizontal.
When the cement content of a mix exceeds 400 kg/m3 and the minimum dimension of concrete to be
placed in a single pour exceeds 600 mm special precautions shall be taken to ensure high temperature
differentials are not generated within the concrete.
Concrete shall be placed in such a way as to avoid any joints other than the construction joints shown
on the Drawings approved by the Engineer.
No concrete shall be allowed to fall more than 1 metre during placing.
If the Contractor proposes to place concrete by pumping or pneumatic means, he shall submit his
proposals for the Engineer's approval and shall not commence operations until such approval has been
obtained.
Concreting During Wet Weather
No concreting shall be carried out during periods of continuous heavy rain. If rain should interrupt
concreting the concrete shall be adequately protected from it.
Concreting During Hot Weather
Concreting shall not be carried out if the temperature of the concrete mix rises above 38oC. Where
concrete pours are greater than 1 m thick the temperature of the mix shall be reduced to below 32oC.
When the air temperature rises above 35oC special measures to control mix temperature and
evaporation from placed concrete shall be provided as set out in ACI 305R-77.
914
Compaction and Finish
Concrete shall be compacted into place by means of a sufficient number of approved internal
vibrators of adequate power with a frequency of not less than 100 hertz. Mechanical vibrators shall
only be operated by trained and experienced workmen. Care shall be taken to avoid contact with
reinforcement or formwork.
Concrete shall be thoroughly worked around the reinforcement and against whatever surface it
adjoins so that a dense homogeneous mass is produced, all entrained air is expelled and the concrete
surface when exposed is free from air pockets, honeycombing and other defects.
If vibrating screeds are used for slab work they shall be of sufficient power to compact the full depth
of the slab being cast, over the full length of screed.
All horizontal surfaces shall be finished with a brushed finish unless otherwise directed by the
Engineer or shown on the Drawings.
Attendance of Steel Fixer
During concreting of all reinforced work a competent steel fixer shall be in attendance. It shall be his
duty to ensure that the reinforcement and other embedded fittings are kept in position as the work
proceeds.
Page 55 of 89
Joints
Structural Joints
Structural joints shall be formed in the positions and to the details shown on the Drawings. Joint
filler, sealing compounds and water bars shall be incorporated in these joints in strict accordance with
the Drawings and manufacturer's instructions.
The faces of structural joints shall have a wrought finish.
Joint Filler
Compressible filler sheets of the thicknesses shown on the Drawing shall be made of bitumen
impregnated wood fibres to the approval of the Engineer. They shall not extrude when compressed
and must return to at least 80% of the original thickness after the compressive force is removed.
Joint Sealants
Sealants for the joints shall be a cold two-part polysulphide based mix complying with ISO 11600.
Protection and Curing
Protecting Concrete
Newly placed concrete shall not be disturbed in any way until it has thoroughly hardened. Newly
placed concrete shall immediately be protected to the Engineer’s satisfaction against sun, rain and
wind and from damage occasioned by other work in progress until it has hardened.
No plant, vehicles, workmen or materials shall be permitted on recently placed concrete until the
Engineer considers the concrete to be sufficiently strong and hard not to be damaged thereby.
Curing
Newly placed concrete shall either be sprayed with a concrete curing liquid immediately after
completion of compaction, or shall be kept continually wet by a sprinkler or trickle system for 7 days
or such other longer period as may be directed by the Engineer. In the event that a curing liquid is
used, it shall have an efficiency index of 95% and a white pigment to reflect suns rays and shall be
applied in accordance with the manufacturer’s recommendations.
Inspection and Records
Inspection of Concrete Surfaces
No concrete surface shall be worked on in any way after the removal of formwork, or covered up,
until it has been inspected and approved by the Engineer.
Tolerances
Except where otherwise noted in Drawings concrete surfaces shall be cast within the tolerances set in
BS 5606:1990.
Records
Records shall be kept by the Contractor of the positions in the Works of all batches of concrete, of
their Class and of all test cubes, cores or other specimen taken from them. Three copies of these
records shall be supplied to the Engineer as soon as possible but not later than 24 hours after
concreting.
Defective Concrete
Concrete which is defective from any cause whatsoever shall, if so directed by the Engineer, be cut
out and the work reconstructed at the Contractor's expense.
If there is any doubt concerning the strength or quality of previously placed and hardened concrete,
150 mm diameter core samples shall be taken at locations directed by the Engineer, regardless of the
results of works tests. The cores shall be tested in accordance with EN 12504: Part 1-2000 and the
equivalent cube strength shall be determined.
Page 56 of 89
SECTION VI: DRAWINGS
Record Drawings
The Sub-Contractor shall keep on site, at all times a complete set of the drawings related to this
contract and as the Contract works are proceeded with, indicate in red color on such drawings, any
variations to the Contract drawings.
On completion of the Contract works, the Contractor shall furnish to the Engineers two SOFT copies
and three hard copies prints of the drawings showing the Contract works as installed or fitted, or such
other drawings and operating instructions for equipment as may be required.
Page 57 of 89
Page 58 of 89
SECTION VII: BILLS OF QUANTITIES
BILL NO.1.0: PASSENGER PANORAMIC LIFTS-ELECTRICAL WORKS
UNIT
QTY
ITEM
DESCRIPTION
1.1
Provide Contractors All Risks Insurance Provide Insurance
to Contractor's Personnel
Provide insurance for the work
Provide third party insurance
Allow for upon completion of the works the Contractor
shall removal of such temporary structures directed and
making good and reinstating of all works and services to
the satisfaction of the Engineer and the employer
Item
Sum
Item
Sum
Offices:- The contractor will be availed space in the sites to
cater for temporary offices but should allow for power,
water, fax machines ,computer, and internet connection for
use also by the site Engineer and the Consultants
Operation and Maintenance of Facilities Offices and Stores,
Ablution and latrine facilities ,Tools and Equipment
Samples:- The Contractor shall furnish at his own cost any
samples of materials or workmanship including concrete
test cubes required for the Works that may be called for by
the Engineer for his approval or rejection and any further
samples in the case of rejection. The engineer shall arrange
for the testing of such materials as he may at his discretion
deem desirable and he Contractor shall pay all expenses in
connection with preparation, transportation and testing
Protection of the Works:- Provide protection of the whole of
the Works contained in the Bills of Quantities, including
casing up, covering of such other means as may be
necessary to avoid damage to the satisfaction of the
Engineer and remove such protection when no longer
required
FAT and Training: - Allow for FAT factory acceptance tests
for 2 No’s KPA nominated personnel and specialized
training for 4 No’s KPA nominated personnel with
equipment manufacturers.
Allow for costs to cover out of pocket allowance, Travel
(ground/ air travel and airport passage taxes) and full
board accommodation expenses in at least in three (3)
star hotels during lift inspection and training.
Allow for preparation of as built drawings and final
documentation and operation maintenance manuals
Item
Sum
Item
Sum
Item
Sum
Item
Sum
Item
Sum
1.2
1.3
1.4
1.5
1.6
1.7
Page 59 of 89
RATE
AMOUNT
UNIT
QTY
ITEM
DESCRIPTION
1.8
Supply and install test and commission
Machine Room Less Passenger Panoramic Lift
shall be as Fujitech, Hitach, Symax, Mitsubishi,
Schindler or Approved Equivalent
Allow for supply of 2 sets of all lift keys
No.
2
Item
Sum
Allow for all costs associated with the on site
installation, general and particular
specifications and for the initial statutory
inspection of the lifts by an Approved
Government Lift Inspector during the
commissioning of the new lifts, and
thereafter for inspection at intervals of six
(6) months during the 12 month defect
liability period
Allow for associated electrical works including
provision of power supply to the two lifts; install
and connect suitable circuit breakers at existing
switchboard complete with suitably sized sub
main armored copper cables installed in metallic
trunking from the power source to the two lifts,
including glands, lugs, and terminations and all
other materials necessary to complete the
installation.
Allow for any other item necessary to complete
the lift and hoist way installation
Item
Sum
Item
Sum
Item
Sum
1.9
1.10
1.11
1.12
1.13
ADD CONTIGENCY@10%
1.14
ADD VAT@16%
TOTAL FOR PASSENGER PANORAMIC LIFTS-ELECTRICAL WORKS
CARRIED FORWARD TO SUMMARY PAGE
Page 60 of 89
RATE
AMOUNT
BILL NO.2.0: PASSENGER PANORAMIC LIFT SHAFTS –CIVILWORKS
PRELIMINARIES AND GENERAL ITEMS SECTION A
ITEM
1
2
DESCRIPTION
UNIT
QTY
Preliminaries and General Items
Allow for mobilisation of plant, equipments and tools,
including maintaining and demobilising on completion.
Item
Sum
Allow for provision and maintenance of power and water
necessary for execution of the works.
Item
Sum
Allow for all necessary insuarance covers related to the
execution of the works.
Item
Sum
Allow for site clearance on completion including loading
and disposing all arsing debris.
Item
Sum
Allow for preservation of existing service lines as may be
directed by the Employer.
Item
Sum
Allow for provision and maintenance of sound scaffolding
for proper execution of the works.
Item
Sum
Provide temporary fence/hoarding around the demolition
site using suitable/stable posts with two strands of 40 mm
diameter manila rope attached with reflective cautionary
signs (length 380 meters)
Item
Sum
Allow for a firefighter including maintaining him on site
as per Kenya Ports Authority HSE regulations.
Item
Sum
NOTES:
Prospective Tenderers MUST visit the site before filling
their bids. Tenderers will be required to sign attendance
register. Non-attendance is an automatic disqualification.
The bid document comprises of two sections;
Section A comprises preliminary items and notes related
to execution of these works.
Section B comprises a schedule of works.
3
Conditions of contract shall be those published by FIDIC
1st Edition 1999 'SHORT FORM OF CONTRACT'
4
5
6
7
8
9
10
11
SUB TOTAL PRELIMINARIES AND GENERAL
ITEMS (SECTION A)CARRIED FORWARD
Page 61 of 89
RATE
KSHS
AMOUNT
KSHS
MEASURED WORKS SECTION B
ITEM
DESCRIPTION
UNIT
1
SITE CLEARANCE
Clear site of all bushes, shrubs and trees not exceeding 600
mm girth, grub up roots and dispose
SM
2
Cut trees, girth 600 - 1000, split into logs and heap on site.
N0
2
3
Excavate and uproot tree stumps average diameter 1.5
meters.
N0
2
Pull down 1400 mm parapets including precast concrete
balutrades spaced at 3000 centers and dispose as directed
LM
7
Cut down 1400 mm high hedge including grabbing up roots
and disposing.
LM
7
Excavate oversite to remove vegetable soil average 150 mm
deep ; wheel, spread and level on site n.e. 100 meters away.
SM
50
Excavate oversite to reduce levels ( for basement ) n.e. 1.5 M
deep starting from existing ground level
CM
120
stripped level and not exceeding 1.50m deep
CM
Rate
only
9
Ditto 1.50m - 3.0m deep
CM
Rate
only
10
Ditto 3.0 m - 4.5 m deep.
CM
Rate
only
11
Return, fill in and ram selected excavated material around
foundations.
CM
36
12
Cart away from site surplus excavation material.
CM
84
13
Extra over for excavating in rock Class 1.
CM
10
14
Ditto in reinforced concrete.
CM
10
4
5
QTY
50
EXCAVATION AND EARTHWORKS
6
7
8
Excavate for column base (surface trench) commencing from
Page 62 of 89
RATE
AMOUNT
15
Approved hardcore bed in making up levels well compacted.
CM
15
16
50mm quarry dust blinding on hardcore to receive concrete.
SM
50
17
150 mm approved murram filling consolidated in layers to
make up levels
SM
50
18
Ditto in approved red soil filling.
SM
36
SM
50
ANTI TERMITE TREATMENT
19
"Termidor" or equivalent approved insecticide treatment to
surfaces of excavations applied as per manufacturer's
instructions with a 10 year guarantee
CONCRETE WORKS
20
Plain concrete class X mix 1:4:8 blinding layer
CM
5
21
Plain concrete 1:3:6 Class Q in foundations
CM
1
22
100 mm thick surface bed ditto
SM
1
Vibrated concrete class 20/20 in:
23
wall and Column
CM
40
24
600 mm thick Basement slab
SM
50
Vibrated concrete class 25/20 in:
25
Foundations and Ground beams
CM
5
26
150 mm thick ground / suspended Roof slab
SM
6.5
MOVEMENT JOINTS
27
12mm movement joint filler as 'Flexcell' or approved
equivalent
SM
50
28
25 x 25mm movement "Expendite" joint sealant or
equivalent
LM
50
SM
50
SM
50
CONCRETE PROTECTION AND WATER PROOFING
AS DESCRIBED IN:
29
30
Penetron or equivalent approved Integral Capillarry System
Water proofing to concrete surfaces
Waterproofing to conrete surfaces in 'Masterseal' or approved
equivalent.
Sawn soft wood formwork to:
Page 63 of 89
31
Sides of foundations / Columns & beams
SM
18
32
Sides of ditto curved on plan to various radii
SM
5
Sawn soft wood formwork contd in:
33
Curved sides of columns and beams to various radii
SM
0
34
Edge of beds and steps 75-150mm high
LM
0
35
Sides and soffits of beams
SM
0
36
Vertical sides of walls and columns
SM
850
37
Ditto but curved in plan
SM
0
38
Soffits of suspended slabs and landings n.e. 3.5 m high
SM
7
39
Ditto exceeding 3.5 m high
SM
7
Extra over formwork for:40
Fair face
SM
100
41
Bush hammering
SM
100
STEEL REINFORCEMENT
Steel reinforcemnt as described including cutting,
bending, hoisting, fixing,spacer blocks and all necessary
binding wire.
42
Round mild steel bars
8 mm diameter.
KG
0
43
10 mm ditto
KG
0
44
12 mm ditto
KG
0
45
16 mm ditto
KG
0
46
20 mm ditto
KG
0
47
High tensile bars
8 mm Diameter.
KG
0
48
10 mm ditto
KG
100
49
12 mm ditto
KG
3,000
50
16 mm ditto
KG
0
51
20 mm ditto
KG
2800
Page 64 of 89
INTERNAL WALL FINISHES
Plasterwork
52
53
15 mm thick two coat cement sand (1:4) plaster trowelled
smooth and comprising 12 mm backing and 3 mm
finishing coat.
SM
350
SM
0
15 mm thick cement sand (1:4) backing plaster to walls to
receive tiling
EXTERNAL WALL FINISHES
54
15 mm thick two coat cement and sand (1:4) render
SM
0
55
Medium chisel dressing on all types of walling
SM
500
56
Pointing with cement/sand mortar 1:3
LM
0
57
key - in with cement/sand mortar 1:3
LM
0
58
12 mm thick coloured tyrolean rendering on walls
SM
0
CLAY FACING BRICKS FIXED IN CEMENT
ADHESIVE
Supply and fix the following items as described including
hacking
existing surface and carting arising debris to spoil
59
25 mm facing strip size 250 X 50 mm
SM
100
60
Ditto curved
SM
0
61
37 mm briquettes size 150 X 75 mm
SM
0
62
Hand scratched bricks size 230 X 75 X 35mm thick
SM
100
63
Ditto 50mm thick
SM
0
HEAVY DUTY ALUMINIUM
Aluminium framed and grazed partition comprising 50 x
38mm natural aluminum the whole filled in 6mm thick
one way tinted glass complete with rubber lining all
necessary iron monger and plugging to wall.
SM
64
SUB TOTAL MEASURED WORKS (SECTION B)
CARRIED FORWARD
Page 65 of 89
112
ITEM
DESCRIPTION
UNIT
SUMMARY-CIVIL WORKS
1
Subtotal Preliminaries and General Items (Section A)
Sum
2
Subtotal Measured works (Section B)
Sum
3
Total of Subtotal Preliminaries and General Items (Section
A) and Subtotal Measured works (Section B)
Sum
Add
3
Contingency @ 10% to be expended in part or in full
at the discretion of the Project Manager.
Add
4
16 % V.A.T
TOTAL FOR PANORAMIC LIFT SHAFT -CIVIL
WORKS CARRIED FORWARD TO SUMMARY PAGE
Page 66 of 89
Sum
QTY
RATE
AMOUNT
SUMMARY PAGE
DESCRIPTION
AMOUNT
BILL NO.1.0: TOTAL FOR PASSENGER PANORAMIC LIFTSELECTRICAL WORKS
BILL NO.2.0: TOTAL FOR PASSENGER PANORAMIC LIFTSCIVIL WORKS
GRAND TOTAL CARRIED TO FORM OF TENDER
Page 67 of 89
SECTION VIII:
TENDER FORMS
Form of Tender
[date]
To:
[name and address of Procuring Entity]
To:
Sir/Madam:
Having examined the Tender documents including Addenda Nos. [insert addenda numbers], the
receipt of which is hereby duly acknowledged, we, the undersigned, offer to s,
in conformity with the said Tender documents for the sum of
______________________________________________[total Tender amount in words and figures]
or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this Tender.
We undertake, if our Tender is accepted, to Execute the works in accordance with the delivery
schedule specified in the Schedule of Requirements.
If our Tender is accepted, we undertake to provide a performance security in the form, in the
amounts, and within the times specified in the Tender documents.
We agree to abide by this Tender for the Tender validity period specified in Clause 18.1 of the Tender
Data Sheet, and it shall remain binding upon us and may be accepted at any time before the expiration
of that period. We are not participating, as Tenderers, in more than one Tender in this Tendering
process.
Our firm, its affiliates or subsidiaries – including any subcontractors or suppliers for any part of the
contract – has not been declared ineligible by the Government of Kenya under Kenyan laws.
Until a formal Contract is prepared and executed, this Tender, together with your written acceptance
thereof and your notification of award, shall constitute a binding Contract between us. We
understand that you are not bound to accept the lowest or any Tender you may receive.
We certify/confirm that we comply with the eligibility requirements as per ITT Clause 3 of the
Tender documents Dated this ________________ day of ________________ 20______.
(Name)
_________________
[Signature]
__________________________
[In the capacity of
Duly authorized to sign Tender for and on behalf of
Authorized Signature:
Name and Title of Signatory:
Name of Tenderer:
Address:
Page 68 of 89
______________________________
Appendix to Tender
Schedule of Adjustment Data
[In Tables A, B, and C, below, the Tenderer shall (a) indicate its amount of local currency payment,
(b) indicate its proposed source and base values of indices for the different foreign currency elements
of cost, (c) derive its proposed weightings for local and foreign currency payment, and (d) list the
exchange rates used in the currency conversion.
Table A. Local Currency
Index
code
Index
description
Source
of index
Nonadjustable
—
Base
Tenderer’ Range of
value
s related
weighting
and date currency Proposed by the
amount
Procuring Entity
—
—
a:
*
Tenderer’s
proposed
weighting
a:
*
b: ------ to -------- b:
*
c:
c: ------- to ------*
d:
d: ------- to ------- e:
*
e: ------- to ------*
etc.
etc.
Total
Page 69 of 89
1.00
Table B. Foreign Currency
State type: ....................... [If the Tenderer wishes to quote in more than one foreign currency, this
table should be repeated for each foreign currency.]
Index Index
code description
Non adjustable
Source of
index
Base
value
and
date
—
—
Tenderer’s
related
source
currency in
type/
amount
—
Equivalen
t in
Foreign
Currency
1
Range of
weighting
Proposed by
the
Procuring
Entity
a:
*
Tenderer’s
proposed
weighting
a:
b: ------ to --- *
-----*
b:
c: ------- to ------*
c:
d: ------- to -- d:
-----*
e:
e: ------- to ------*
etc.
etc.
Total
1.00
Table C. Summary of Payment Currencies
For ………………………..[insert name of Section of the Works]
[Separate tables may be required if the various sections of the Works (or of the Bill of Quantities) will
have substantially different foreign and local currency requirements. The Procuring Entity should
insert the names of each Section of the Works.]
Name of payment
currency
Local currency
A
Amount
of
currency
B
Rate of
exchange
(local currency
per unit of
foreign)
C
Local currency
equivalent
C=AxB
1.00
Foreign currency #1
Foreign currency #2
Page 70 of 89
D
Percentage of
Net Tender Price (NBP)
100xC
NBP
Foreign currency #
Net Tender Price
Provisional sums
expressed in local
currency
100.00
*
*
*
TENDER PRICE
Authorized Signature:
Name and Title of Signatory:
Name of Tenderer:
Address:
Page 71 of 89
Financial Data for Previous 3 Years Form
Each Bidder or member of a joint venture or other consortium making up a Bidder must fill in this
form.
Information from statement of financial position (Balance Sheet)
2010 or 2011
2011 or 2012
2012 or 2013
Noncurrent Assets
Current Assets
Total Assets
Noncurrent Liabilities
Current Liabilities
Total Liabilities
Capital Employed
Information from Statement of income
2010 or 2011
2011 or 2012
Total General Revenues
Total Specific revenues
relevant to the project
Profits Before interests
and Taxes
Profits After interests
Taxes
Page 72 of 89
2012 or 2013
Tender-Securing Declaration
Date: [insert date (as day, month and year)]
Tender No.: [insert number of Tendering process]
To: [insert complete name of Procuring Entity]
We, the undersigned, declare that:
We understand that, according to your conditions, Tenders must be supported by a Tender-Securing
Declaration.
We accept that we will automatically be suspended from being eligible for Tendering in any contract
with the Procuring Entity for the period of time of [insert number of months or years] starting on
[insert date], if we are in breach of our obligation(s) under the Tender conditions, because we;
a) Have withdrawn our Tender during the period of Tender validity specified in the Form of
Tender; or
b) Having been notified of the acceptance of our Tender by the Procuring Entity during the
period of Tender validity,
(i).
(ii).
Fail or refuse to execute the Contract, if required, or
Fail or refuse to furnish the Performance Security, in accordance with the ITT.
We understand this Tender Securing Declaration shall expire if we are not the successful Tenderer,
upon the earlier of;
1) Our receipt of your notification to us of the name of the successful Tenderer; or
2) Thirty days after the expiration of our Tender.
Signed: [insert signature of person whose name and capacity are shown] In the capacity of [insert
legal capacity of person signing the Tender Securing Declaration]
Name: [insert complete name of person signing the Tender Securing Declaration]
Duly authorized to sign the Tender for and on behalf of: [insert complete name of Tenderer]
Dated on ____________ day of __________________, _______ [insert date of signing]
Corporate Seal (where appropriate)
Page 73 of 89
Confidential Business Questionnaire
A. Company
details
Constitution or legal status of Tenderer:___________________
[attach copy]
Place of registration: [_______________________________insert]
Principal place of business: [________________________insert]
Plot No,
Street/Road
Postal address
Tel No.
Fax ………………………..
Email…………………………………………………….
Power of attorney of signatory of Tender: [attach]
Registration certificate [attach] current Business License [attach]
B. Directors
State the nominal and issued capital of company
Nominal Kshs.
Issued Kshs.
Given details of all directors as follows:
Name
Nationality
Citizenship details
Shares
1. ……………………………………………………………………………
…
2. ……………………………………………………………………………
…
3. ……………………………………………………………………………
…
4. ……………………………………………………………………………
…
C. Key
equipment
Major items of Equipment proposed for executing the contract. List all
information requested below.
Description, make, and
age (years)
Condition (new, good,
Poor) and number
available
Owned, leased (from
whom?) or to be purchased
(from whom?)
(a)
(b)
(c)
(d)
D.
Similar
works
1.3
Work performed as prime Contractor on works of a similar nature and
volume over the last five years or as specified in the Tender Data Sheet in
Kenyan Shillings. Also list details of work under way or committed,
including expected completion dates.
Page 74 of 89
Project name
and country
Name of client
and contact
person
Contractors
Participation
Type of work
performed and year
of completion
Value of contract
(a)
(b)
E. Qualification 1.5
and
experience
of key
personnel
Position
Qualifications and experience of key personnel proposed for
administration and execution of the Contract. Attach biographical data.
Refer also to
sub-Clause 12.3 of the Instructions to Tenderers and
Sub- Clause 10.1 of the General Conditions of Contract.
Name
Years of Experience
(general)
Years of experience in
proposed position
(a)
(b)
Use format of CV attached
1.6
Proposed sub-contractor and firms involved. Refer to Clause 7 of
General Conditions of Contract.
Sections of the Works Value of subcontract
Subcontractor (name
and address)
Experience in similar
work
(a)
(b)
F. Financial reports
G. Litigation History
Other party(ies)
(a)
1.7
Financial reports for the number of years specified in the Tender
Data Sheet.
1.8
Evidence of access to financial resources to meet the
qualification requirements: cash in hand, lines of credit, etc. List
below and attach copies of support documents.
1.9
Name, address, and telephone, e-mail address, and facsimile
numbers of banks that may provide references if contracted by
the Procuring Entity.
1.10
Information on current litigation in which the Tenderer is
involved.
Cause of dispute
(b)
Page 75 of 89
Amount involved
H.
3.
Joint Ventures
Additional
Requirements
1.11
Statement of compliance with the requirements of sub-Clause
3.2 of the Instructions to Tenderers.
1.12
Proposed Program (work method and schedule). Descriptions,
drawings, and charts, as necessary, to comply with the
requirements of the Tendering documents.
1
The information listed in above shall be provided for each
partner of the joint venture.
2.3
Attach the power of attorney of the signatory (ies) of the Tender
authorizing signature of the Tender on behalf of the joint
venture.
2.4
Attach the Agreement among all partners of the joint venture
(and which is legally binding on all partners), which shows that:
3.1
(a)
all partners shall be jointly and severally liable for the
execution of the Contract in accordance with the
Contract terms;
(b)
one of the partners will be nominated as being in
charge, authorized to incur liabilities, and receive
instructions for and on behalf of any and all partners
of the joint venture; and
(c)
the execution of the entire Contract, including
payment, shall be done exclusively with the partner in
charge.
Tenderers should provide any additional information required in
the Tender Data Sheet or to fulfil the requirements of subClauses 12.1 of the Instructions to Tenderers, if applicable.
We, the undersigned declare that
(a)
The information contained in and attached to this form is
true and accurate as of the date of Tender submission
Authorized Signature:
Name and Title of Signatory:
Name of Tenderer:
Address:
Company Stamp / seal ____________________________
Integrity Declaration
Page 76 of 89
UNDERTAKING BY TENDERER ON ANTI – BRIBERY POLICY / CODE OF CONDUCT
AND COMPLIANCE PROGRAMME
1. Each Tenderer must submit a statement, as part of the Tender documents, in either of the two
given formats which must be signed personally by the Chief Executive Officer or other
appropriate senior corporate officer of the Tendering company and, where relevant, of its
subsidiary in the Kenya. If a Tender is submitted by a subsidiary, a statement to this effect will
also be required of the parent company, signed by its Chief Executive Officer or other appropriate
senior corporate officer.
2. Tenderers will also be required to submit similar No-bribery commitments from their
subcontractors and consortium partners; the Tenderer may cover the subcontractors and
consortium partners in its own statement, provided the Tenderer assumes full responsibility.
3.
a)
Payment to agents and other third parties shall be limited to appropriate compensation for
legitimate services.
b)
Each Tenderer will make full disclosure in the Tender documentation of the beneficiaries
and amounts of all payments made, or intended to be made, to agents or other third parties
(including political parties or electoral candidates) relating to the Tender and, if successful,
the implementation of the contract.
c)
The successful Tenderer will also make full disclosure [quarterly or semi- annually] of all
payments to agents and other third parties during the execution of the contract.
d)
Within six months of the completion of the performance of the contract, the successful
Tenderer will formally certify that no bribes or other illicit commissions have been paid.
The final accounting shall include brief details of the goods and services provided that they
are sufficient to establish the legitimacy of the payments made.
e)
Statements required according to subparagraphs (b) and (d) of this paragraph will have to
be certified by the company's Chief Executive Officer, or other appropriate senior
corporate officer.
4. Tenders which do not conform to these requirements shall not be considered.
5. If the successful Tenderer fails to comply with its No-bribery commitment, significant sanctions
will apply. The sanctions may include all or any of the following:
a)
Cancellation of the contract;
b)
Liability for damages to the public authority and/or the unsuccessful competitors in the
Tendering possibly in the form of a lump sum representing a pre-set percentage of the
contract value (liquidated).
6. Tenderers shall make available, as part of their Tender, copies of their anti-Bribery Policy/Code
of Conduct, if any, and of their-general or project - specific - Compliance Program.
7. The Government of Kenya has made special arrangements for adequate oversight of the
procurement process and the execution of the contract, and has invited civil society and other
competent Government Departments to participate in the oversight. Those charged with the
oversight responsibility will have full access to all documentation submitted by Tenderers for this
contract, and to which in turn all Tenderers and other parties involved or affected by the project
shall have full access (provided, however, that no proprietary information concerning a Tenderer
may be disclosed to another Tenderer or to the public).
Page 77 of 89
ANTI-CORRUPTION DECLARATION COMMITMENT/ PLEDGE
(Sections39, 40,41,42,43 & of the PPD Act, 2005)
I/We/Messrs…………………………………………………………………………….
of Street, Building, P O Box……………………………………………………………
…………………………………………………………………………………………..
Contact/Phone/E mail…………………………………………………………………..
declare that Public Procurement is based on a free and fair competitive Tendering process which
should not be open to abuse.
I/We ..…………………………………………………………………………………..
declare that I/We will not offer or facilitate, directly or indirectly, any inducement or reward to any
public officer, their relations or business associates, in connection with
Tender/Tender No ………………………..……………………………………………….
for or in the subsequent performance of the contract if I/We am/are successful.
Authorized Signature................................................................................................
Name and Title of Signatory……………………………………………………………
Page 78 of 89
Letter of Acceptance
[Letter head paper of the Procuring Entity]
[date]
To:
[name and address of the Contractor]
This is to notify you that your Tender dated [date] for execution of the [name of the Contract and
identification number, as given in the Contract Data Sheet] for the Contract Price of the equivalent of
[amount in numbers and works] [name of currency], as corrected and modified in accordance with the
Instructions to Tenderers is hereby accepted by us.
We confirm that [insert name proposed by the procuring entity] to be the Adjudicator.
We accept that [name proposed by Tenderer] be appointed as Adjudicator.
Or
We do not accept that [name proposed by Tenderer] be appointed as adjudicator, and by sending a
copy of this letter of acceptance to [insert the name of the Appointing Authority], we are hereby
requesting [name], the Appointing Authority, to appoint the adjudicator in accordance with Clause
44.1 of the Instructions to Tenderers.
You are hereby instructed to proceed with the execution of the said works in accordance with the
Contract documents.
Please return the contract dully signed.
Authorized Signature:
Name and Title of Signatory:
Name of Agency:
Attachment:
Form of Contract
Page 79 of 89
Contract Data Sheet
This Agreement, made the [day] day of [month], 2011] between [The Kenya Ports Authority]
(hereinafter called “the Procuring Entity”) and [name and address of Contractor] (hereinafter called
“the Contractor”) of the other part.
Whereas the Procuring Entity is desirous that the Contractor execute [SUPPLY, INSTALLATION
AND COMMISSIONING OF 2 NO PANORAMIC LIFTS AND CONSTRUCTION OF LIFT
SHAFT AT BANDARI COLLEGE] (hereinafter called “the Works”) with the objectives of
[lighting improvement] and the Procuring Entity has accepted the Tender by the Contractor for the
execution and completion of such works and the remedying of any defects therein in the sum of
[contract price in words and figures] (hereinafter called “Contract Price”).
NOW THIS AGREEMENT WITNESSES AS FOLLOWS:
1.
In this Agreement, words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to, and they shall be
deemed to form and be read and construed as pert of this Agreement;
2.
In consideration of the payments to be made by the Procuring Entity to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Procuring Entity to execute
and complete the Works and remedy any defects therein in conformity in all respects with the
provisions of the Contract;
3.
The Procuring Entity hereby covenants to pay the Contractor in consideration of the
execution and completion of the Works and the remedying of defects wherein 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 thereto have caused this Agreement to be executed the day and year
first before written.
The Common Seal of
Was hereunto affixed in the presence of:
Signed, Sealed, and Delivered by the said
In the presence of:
Tendering Signature of Procuring Entity
Binding Signature of Contractor
Page 80 of 89
MANUFACTURER’S AUTHORIZATION FORM
To
Kenya Ports Authority
[Name of the Procuring entity] ………………….
WHEREAS …………………………………………………………[ name of the manufacturer]
who are established and reputable manufacturers of ………………….. [Name and/or description
of the goods] having factories at ………………………………… [Address of factory] do hereby
authorize ………………………… [name and address of Agent] to submit a tender, and
subsequently negotiate and sign the Contract with you against tender No.
………………………. [Reference of the Tender] for the above goods manufactured by us.
We hereby extend our full guarantee and warranty as per the General Conditions of Contract
for the goods offered for supply by the above firm against this Invitation for Tenders.
___________________________________________
[Signature for and on behalf of manufacturer]
Date:_______________________
Note: This letter of authority should be on the letterhead of the Manufacturer and should be
signed by an authorized person.
Page 81 of 89
FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF
1. Proposed Position [only one candidate shall be nominated for each position]:
2. Name of Staff member [insert full name]:
3. Date of Birth:
Nationality:
4. Education [indicate college/university and other specialized education of expert, giving names
of institutions, degrees obtained, and dates of obtainment]:
5. Membership in Professional Associations:
6. Other Trainings [indicate significant training since degrees under 5 - Education were
obtained]:
7. Countries of Work Experience: [list countries where expert has worked in the last ten years]:
8. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading,
and writing]:
9. Employment Record [Starting with present position, list in reverse order every employment
held by expert since graduation, giving for each employment (see format here below): dates of
employment, name of employing organization, positions held.]:
From [Year]:
To [Year]:
Employer:
Positions held:
10.Detailed Tasks Assigned
11.Work Undertaken that Best Illustrates
Capability to Handle the Tasks Assigned
[List all tasks to be
performed under this
assignment]
[Among the assignments in which the expert has been
involved, indicate the following information for those
assignments that best illustrate the expert’s capability to
handle the tasks listed in line 11.]
Page 82 of 89
Name of assignment or project:
Year:
Location:
Client:
Main project features:
Positions held:
Activities performed:
12. Certification:
I, the undersigned, certify to the best of my knowledge and belief that
(i) this CV correctly describes my qualifications and my experience;
(ii) In the absence of medical incapacity, I will undertake this assignment for the duration and in
terms of the inputs specified for me in the Personnel Schedule in Form provided team
mobilization takes place within the validity of this proposal or any agreed extension thereof;
(iii) I am committed to undertake the assignment within the validity of Proposal;
(iv) I am not part of the team who wrote the terms of reference for this consulting services
assignment;
I understand that any willful misstatement described herein may lead to my disqualification or
dismissal, if engaged.
Date:
[Signature of expert or authorized representative of the firm]1
Day/Month/Year
Full name of authorized representative:
1 This CV can be signed by an authorized representative of the Consultant provided that if the
Consultant’s proposal is ranked first, a copy of the CV signed by the expert and/or specialist must be
submitted to the Client prior to the commencement of contract negotiations
IMPORTANT NOTE: Attach certified copies of academic certificate and Professional membership
certificates
Page 83 of 89
SECTION IX: FORMS OF SECURITY
Tender Security Guarantee (MANDATORY)
[the Bank shall fill in this Guarantee form in accordance with the instructions indicated in brackets.]
[insert bank’s or insurance company’s name, and address of issuing branch or office]
Beneficiary:
[insert name and address of Procuring Entity]
Date: [insert date]
TENDER GUARANTEE No.: [insert number]
We have been informed that [insert name of the Tenderer; if a joint venture, list complete legal names of
partners] (hereinafter called "the Tenderer") has submitted to you its Tender dated [insert date]
(hereinafter called "the Tender") for the execution of [insert name of Contract] under Invitation for
Tenders No. [insert IFT number] (“the IFT”).
Furthermore, we understand that, according to your conditions, Tenders must be supported by a Tender
Guarantee.
At the request of the Tenderer, we [insert name of bank or insurance company] hereby irrevocably
undertake to pay you any sum or sums not exceeding in total an amount of [insert amount in figures
expressed in the currency of the Purchaser’s Country or the equivalent amount in an international freely
convertible currency] ([insert amount in words]) upon receipt by us of your first demand in writing
accompanied by a written statement stating that the Tenderer is in breach of its obligation(s) under the
Tender conditions, because the Tenderer;
a) Has withdrawn its Tender during the period of Tender validity specified by the Tenderer
in the Form of Tender; or
b) Does not accept the correction of errors in accordance with the Instructions to Tenderers
(hereinafter “the ITT”) of the IFT; or
c) Having been notified of the acceptance of its Tender by the Procuring Entity during the
period of Tender validity;
(i).
Fails or refuses to execute the Contract Form, if required, or
(ii).
Fails or refuses to furnish the Performance Security, in accordance with the ITT.
This Guarantee shall expire;
a) If the Tenderer is the successful Tenderer, upon our receipt of copies of the Contract
signed by the Tenderer and of the Performance Security issued to you by the Tenderer; or
b) If the Tenderer is not the successful Tenderer, upon the earlier of;
(i) Our receipt of a copy of your notification to the Tenderer that the Tenderer was
unsuccessful, or
(ii) Thirty days after the expiration of the Tenderer’s Tender.
Consequently, any demand for payment under this Guarantee must be received by us at the office on or
before that date.
[signature(s) of authorized representative(s) ]
Page 84 of 89
Performance Bank Guarantee [Unconditional]
[The Bank or Insurance providing the Guarantee shall fill in this form in accordance with the
instructions indicated in brackets, if the Procuring Entity requires this type of security.]
[insert bank’s or insurance company’s name, and address of issuing branch or office]
Beneficiary:
[insert name and address of Procuring Entity]
Date: [insert date]
PERFORMANCE GUARANTEE No.:
[insert Performance Guarantee number]
We have been informed that [insert name of Contractor] (hereinafter called "the Contractor") has entered
into Contract No. [insert reference number of the Contract] dated with you, for the execution of [insert
name of Contract and brief description of Works] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a Performance Guarantee is
required.
At the request of the Contractor, we [insert name of Bank or Insurance Company] hereby irrevocably
undertake to pay you any sum or sums not exceeding in total an amount of [insert amount in figures]
([insert amount in words]), such sum being payable in the types and proportions of currencies in which
the Contract Price is payable, upon receipt by us of your first demand in writing accompanied by a
written statement stating that the Contractor is in breach of its obligation(s) under the Contract, without
your needing to prove or to show grounds for your demand or the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us
with the demand.
We further agree that no change, addition or other modification of the terms of the Contract or of the
Works to be performed there under or of any of the Contract documents which may be made between you
and the Contractor shall in any way release us from any liability under this Guarantee, and we hereby
waive notice of any change, addition, or modification.
This guarantee shall expire not later than thirty days from the date of issuance of the Taking-Over
Certificate.
[signature(s) of an authorized representative(s) of the Bank or Insurance Company]
Page 85
Bank Guarantee for Advance Payment
[Bank’s Name and Address of Issuing Branch or Office]
Beneficiary:
___________________ [Name and Address of Procuring Entity]
Date:
________________
ADVANCE PAYMENT GUARANTEE No.:
_________________
We have been informed that [name of Contractor] (hereinafter called "the Contractor") has entered into
Contract No. [reference number of the contract] dated ______ with you, for the execution of [name of
contract and brief description of Works] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the
sum [amount in figures] (
) [amount in words] is to be made against an advance payment guarantee.
At the request of the Contractor, we [name of Bank or Insurance Company] hereby irrevocably
undertake to pay you any sum or sums not exceeding in total an amount of [amount in figures]
(
) [amount in words] upon receipt by us of your first demand in writing accompanied by a
written statement stating that the Contractor is in breach of its obligation under the Contract because the
Contractor used the advance payment for purposes other than the costs of mobilization in respect of the
Works.
We further agree that no change or addition to or other modification of the terms of the Contract or of the
Works to be performed thereunder or of any of the Contract documents which may be made between
________________________[name of Procuring Entity] and the Contractor, shall in any way release us
from any liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
No drawing may be made by you under this guarantee until we have received notice in writing from you
that an advance payment of the amount listed above has been paid to the Contractor pursuant to the
Contract.
The maximum amount of this guarantee shall be progressively reduced by the amount of the advance
payment repaid by the Contractor as indicated 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 eighty (80) percent of the Contract Price has been certified for
payment, or on the ___ day of _____, 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.
Yours truly,
Signature and seal:
Name of Bank or Insurance Company:
Address:
Date:
Page 86
SECTION X: APPLICATION TO PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW
BOARD
Page 87
FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD
APPLICATION NO…………….OF……….….20……...
BETWEEN
……………………………………………………….APPLICANT
AND
…………………………………RESPONDENT (Procuring Entity)
quest for review of the decision of the…………… (Name of the Procuring Entity) of
……………dated the…day of ………….20……….in the matter of Tender No………..…of
…………..20…
REQUEST FOR REVIEW
I/We……………………………,the above named Applicant(s), of address: Physical
address…………….Fax No……Tel. No……..Email ……………, hereby request the Public
Procurement Administrative Review Board to review the whole/part of the above mentioned
decision on the following grounds , namely:1.
2.
etc.
By this memorandum, the Applicant requests the Board for an order/orders that: 1.
2.
etc
SIGNED ………………. (Applicant)
Dated on…………….day of ……………/…20…
FOR OFFICIAL USE ONLY
Lodged with the Secretary Public Procurement Administrative Review Board on ………… day
of ………....20….………
SIGNED
Board Secretary
Page 88
APPENDIX TO TENDER SPECIAL STIPULATIONS
Special stipulations applicable to the Contract, which are the subject of his Tender, are set forth
herein together with reference to applicable clauses in the Conditions of Contract
1.
Description
Amount of Performance Security
Clause No .
10.1
Stipulation
Ten (10) percent of
Contract Price in the form of
Bank Guarantee.
On issue of Defects Liability
Certificate
2.
Release of Performance Security
10.2
3.
Programme of work to be Submitted
14.1
Within 14 days of
receipt of Letter of Acceptance
4.
Minimum Amount of Third Party Insurance
23.2
Kshs 5,000,000.00/= per
occurrence, number of
occurrences unlimited
5.
Time for Issue of the Notice to Commence
41.1
Within seven (7) days
following receipt of Letter of
Acceptance
6.
Time for Completion
…………………………………..
43.1
7.
Amount of Liquidated Damages
47.1
Kshs 5,000 (Kenya
Shillings Five Thousand) per
day
8.
Maximum Cumulative amount of
Liquidated Damages
47.1
10 per cent of Contract
Price
9.
Defects Liability Period
49.1
12 months from the
date of issue of Taking –Over
Certificate
10
Retention Money
60.3
Deducted at rate of
10% of Each Interim Certificate
11
Limit of Retention Money
5% of Contract Price
(Bank Guarantee of the same
amount may be used to recover
Retention).
Page 89