COUNTY GOVERNMENT OF BOMET

TENDER DOCUMENT
PROJECT:

BOMET COUNTY PROJECTS

TENDER NUMBER: CGB/ADM/008/2015/16

TENDER DESCRIPTION: CONSTRUCTION OF PERIMETER WALL FOR THE
GOVERNORS OFFICE AND LOUNGE

PROCURING ENTITY:
County Government of Bomet,
P.O. Box 19 20400,
Bomet, Kenya

INDEX
SECTION I: - INVITATION FOR BIDS
SECTION II: - INSTRUCTIONS TO TENDERS
SECTION III: - CONDITIONS OF CONTRACT-PART I & PART II
SECTION IV: - QUALIFICATION AND EVALUATION CRITERIA
SECTION V: - SCHEDULE OF REQUIREMENTS

SECTION VI: - BILLS OF QUANTITIES (BOQs)

SECTION VII: - STANDARD FORMS

SECTION I. INVITATION FOR BIDS

COUNTY GOVERNMENT OF BOMET

INVITATION FOR BIDS (IFB)
TENDER No: CGB/ADM/008/2015/16
TENDER NAME:

CONSTRUCTION OF PERIMETER WALL FOR THE GOVERNORS

OFFICE AND LOUNGE

1.

County Government of Bomet invites sealed bids from eligible and qualified bidders for
CONSTRUCTION OF PERIMETER WALL FOR THE GOVERNORS OFFICE AND LOUNGE.

2.

The Scope of works to be undertaken include:

i)

Construction of perimeter wall for the Governors office and lounge.

3.

A complete set of tender documents may be obtained by interested candidates by

downloading from www.bomet.go.ke free of charge.

4.

Prices quoted should be net inclusive of all taxes, and delivery costs, must be in Kenya
Shillings and shall remain valid for (90) days from the closing date of the tender.

5.

Bidding, through National Competitive Bidding, (NCB) will be selected in accordance with
the procedures set out in the Public Procurement and Disposal Act 2005 and subsequent
Regulations, 2006.

6.

Interested and eligible candidates may obtain further information and inspect tender
documents at County Government of Bomet Procurement Offices, County Offices, Bomet
Town, located along Nairobi Narok Kisii road during normal working hours. (0800hrs to
1700hrs, East African Time). Detailed IFB information is available in the County
Government of Bomet Website, www.bomet.go.ke.

7.

Completed tender documents are to be enclosed in plain sealed envelopes, marked with the
tender number and name and be delivered to the address below at or before Monday, 23rd
May 2016 at 1200 hours local time. Electronic bidding shall not be permitted.

8.

Bids will be opened physically in presence of the bidders representatives who choose to
attend in person at Procurement Offices, Bomet Town, at the address below at 1200 hours
local time on Monday, 23rd May 2016

9.

All bids must be accompanied by a bid security of 2% of bid price in Kenya shillings in
form of a bank guarantee issued by a reputable bank located in Kenya. Late bids will be
rejected.

10.

The address referred to in 7 above is:

Physical Address:
The County Secretary,
County Government of Bomet,
P. O Box 19 - 20400
Bomet, Kenya

11.

The mandatory Requirements which must accompany the Bid documents will include the
following
Certificate of Incorporation;
PIN Registration;
Valid KRA Tax compliance Certificate; and
Bid Security (2% of the Tender Sum).

SECTION II : INSTRUCTIONS TO TENDERERS

INSTRUCTIONS TO TENDERERS
1.

Definitions

a.

Tenderer means any persons, partnership firm or company submitting a sum or sums in the
Bills of Quantities in accordance with the Instructions to Tenderers, Conditions of Contract
Parts I and II, Specifications, Drawings and Bills of Quantities for the work contemplated,
acting directly or through a legally appointed representative.

b.

Approved tenderer means the tenderer who is approved by the Procuring Entity.

c.

Any noun or adjective derived from the word tender shall be read and construed to mean
the corresponding form of the noun or adjective bid. Any conjugation of the verb tender
shall be read and construed to mean the corresponding form of the verb bid.

d.

Employer The Employer is named in the Appendix to Instruction to Tenderers

2.1.

Eligible Tenderers

This Invitation for Tenders is open to all tenderers eligible as described in the
Appendix to Instructions to Tenderers. Successful tenderers shall provide the services
for the stipulated duration from the date of commencement (hereinafter referred to as
the term) specified in the tender documents.

The procuring entitys employees, committee members, board members and their
relatives (spouse and children) are not eligible to participate in the tender unless
where specially allowed under section 131 of the Act.

Tenderers shall provide the qualification information statement that the tenderer
(including all members of a joint venture and subcontractors) is not 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 services under this Invitation for tenders.

Tenderers involved in the corrupt or fraudulent practices or debarred from

participating in public procurement shall not be eligible.

2.2

Cost of Tendering

The Tenderer shall bear all costs associated with the preparation and submission of its
tender, and the procuring entity, will in no case be responsible or liable for those costs.
Regardless of the conduct or outcome of the tendering process

The price to be charged for the tender document shall be Kshs.1,000/=.

The procuring entity shall allow the tenderer to review the tender document free of
charge before purchase.

2.3

Contents of Tender Document

The tender documents comprise the documents listed below and addenda issued in
accordance with clause 2.5 of these instructions to tenderers.
i
ii
iii
iv
v
vi
vii
viii
ix
x
xi
xii
xiii
xiv

Instructions to Tenderers
General Conditions of Contract
Special Conditions of Contract
Schedule of Requirements
Details of Insurance Cover
Form of Tender
Price Schedules
Contract Form
Confidential Business Questionnaire Form
Tender security Form
Performance security Form
Insurance Companys Authorization Form
Declaration Form
Request for Review Form

2.3.2

The Tenderer is expected to examine all instructions, forms, terms and specification in
the tender documents. Failure to furnish all information required by the tender
documents or to submit a tender not substantially responsive to the tender documents
in every respect will be at the tenderers risk and may result in the rejection of its
tender.

2.4

Clarification of Tender Documents

A Candidate making inquiries of the tender documents may notify the Procuring
entity by post, fax or by email at the procuring entitys address indicated in the
Invitation for tenders. The Procuring entity will respond in writing to any request for
clarification of the tender documents, which it receives not later than seven (7) days
prior to the deadline for the submission of the tenders, prescribed by the procuring
entity. Written copies of the Procuring entities response (including an explanation of
the query but without identifying the source of inquiry) will be sent to all candidates
who have received the tender documents.

The procuring entity shall reply to any clarifications sought by the tenderer within 3
days of receiving the request to enable the tenderer to make timely submission of its
tender.

Preference where allowed in the evaluation of tenders shall not exceed 15%

2.5

Amendment of Tender Documents

At any time prior to the deadline for submission of tenders, the Procuring entity, for
any reason, whether at its own initiative or in response to a clarification requested by
a prospective tenderer, may modify the tender documents by issuing and addendum.

All prospective tenderers who have obtained the tender documents will be notified of
the amendment by post, fax or email and such amendment will be binding on them.
2

In order to allow prospective tenderers reasonable time in which to take the

amendment into account in preparing their tenders, the Procuring entity, at its
discretion, may extend the deadline for the submission of tenders.

Language of Tenders

2.6.1

The tender prepared by the tenderer, as well as all correspondence and documents
relating to the tender exchanged by the tenderer and the Procuring entity, shall be
written in English language. Any printed literature furnished by the tenderer may be
written in another language provided they are accompanied by an accurate English
translation of the relevant passages in which case, for purposes of interpretation of the
tender, the English translation shall govern.

2.7.

Documents Comprising the Tender

2.7.1

The tender prepared by the tenderer shall comprise the following components:
a
A Tender Form and a Price Schedule completed in accordance with
paragraph 2.8, 2.9 and 2.10 below;
b
Documentary evidence established in accordance with paragraph 2.1.2 that
the tenderer is eligible to tender and is qualified to perform the contract if
its tender is accepted;
c
Tender security furnished in accordance with paragraph 2.12 (if
applicable);
d
Declaration Form.

2.8.

Form of Tender

2.8.1

The tenderer shall complete the Tender Form and the Price Schedule furnished in the
tender documents, indicating the services to be provided.

2.9.

Tender Prices

The tenderer shall indicate on the form of tender and the appropriate Price Schedule
the unit prices and total tender price of the services it proposes to provide under the
contract.

Prices indicated on the Price Schedule / quoted by the Tenderer shall be the cost of the
services quoted including all customs duties and VAT and other taxes payable.

Prices quoted by the tenderer shall remain fixed during the Term of the contract unless
otherwise agreed by the parties. A tender submitted with an adjustable price quotation
will be treated as non-responsive and will be rejected, pursuant to paragraph 2.20.5

2.10.

Tender Currencies

Prices shall be quoted in Kenya Shillings.

2.11.

Tenderers Eligibility and Qualifications

Pursuant to paragraph 2.1 the tenderer shall furnish, as part of its tender, documents
establishing the tenderers eligibility to tender and its qualifications to perform the
contract if its tender is accepted.
3

The documentary evidence of the tenderers qualifications to perform the contract if

its tender is accepted shall establish to the Procuring entitys satisfaction that the
tenderer has the financial and technical capability necessary to perform the contract.

2.12.

Tender Security

The tenderer shall furnish, as part of its tender, a tender security for the amount and
form specified in the Appendix to Instructions to Tenderers.

The tender security shall not exceed 2% (per cent) of the tender price.

The tender security is required to protect the Procuring entity against the risk of
Tenderers conduct which would warrant the securitys forfeiture, pursuant to
paragraph 2.12.7

The tender security shall be denominated in Kenya Shillings or in another freely

convertible currency, and shall be in the form
a A banks Cheque
b A bank guarantee
c Such insurance guarantee approved by the Authority.
Any tender not secured in accordance with paragraph 2.12.1. and 2.12.3 shall be
rejected by the Procuring entity as non-responsive, pursuant to paragraph 2.20.5

5
6

Unsuccessful Tenderers tender security will be discharged or returned as promptly as

possible but not later than thirty (30) days after the expiration of the period of tender
validity

The successful Tenderers tender security will be discharged upon the tenderer signing
the contract, pursuant to paragraph 2.29, and furnishing the performance security,
pursuant to paragraph 2.30

The tender security may be forfeited:

a
b

if a tenderer withdraws its tender during the period of tender validity.

in the case of a successful tenderer, if the tenderer fails:
i
to sign the contract in accordance with paragraph 2.29 or
ii
to furnish performance security in accordance with paragraph 2.30.

If the tenderer reject correction of an arithmetic error in the tender.

2.13.

Validity of Tenders

Tenders shall remain valid for 90 days after date of tender opening pursuant to
paragraph 2.18. A tender valid for a shorter period shall be rejected by the Procuring
entity as non-responsive.

In exceptional circumstances, the Procuring entity may solicit the Tenderers consent
to an extension of the period of validity. The request and the responses thereto shall
be made in writing. The tender security provided under paragraph 2.12 shall also be
suitably extended. A tenderer granting the request will not be required nor permitted
to modify its tender.

2.14.

Format and Signing of Tenders

4

2.14.1 The tenderer shall prepare an original and a copy of the tender, clearly marking
each ORIGINAL TENDER and COPY OF TENDER, as appropriate. In the event of
any discrepancy between them, the original shall govern.
2

The original and all copies of the tender shall be typed or written in indelible ink and
shall be signed by the tenderer or a person or persons duly authorized to bind the
tenderer to the contract. All pages of the tender, except for un-amended printed
literature, shall be initialled by the person or persons signing the tender.

The tender shall have no interlineations, erasures, or overwriting except as necessary

to correct errors made by the tenderer, in which case such corrections shall be
initialed by the person or persons signing the tender.

2.15

Sealing and Marking of Tenders

The tenderer shall seal the original and the copy of the tender in separate envelopes,
duly marking the envelopes as ORIGINAL TENDER and COPY OF TENDER.
The envelopes shall then be sealed in an outer envelope.

The inner and outer envelopes shall:

a
b

Be addressed to the Procuring entity at the address given in the Invitation to

Tender.
Bear tender number and name in the invitation to tender and the words, DO NOT
OPEN BEFORE Monday, 23rd May 2016, at 12.00 noon.

The inner envelopes shall also indicate the name and address of the tenderer to
enable the tender to be returned unopened in case it is declared late.

If the outer envelope is not sealed and marked as required by paragraph 2.15.2, the
Procuring entity will assume no responsibility for the tenders misplacement or
premature opening.

2.16.

Deadline for Submission of Tenders

Tenders must be received by the Procuring entity at the address specified under
paragraph 2.15.2 not later than Monday, 23rd May 2016, at 12.00 noon.

The Procuring entity may, at its discretion, extend this deadline for the submission of
tenders by amending the tender documents in accordance with paragraph 2.5.3 in
which case all rights and obligations of the Procuring entity and candidates previously
subject to the deadline will thereafter be subject to the deadline as extended.

Bulky tenders which will not fit the tender box shall be received by the procuring
entity as provided for in the appendix.

2.17.

Modification and Withdrawal of Tenders

2.17.1 The tenderer may modify or withdraw its tender after the tenders submission,
provided that written notice of the modification, including substitution or
withdrawal of the tenders, is received by the Procuring entity prior to the deadline
5

prescribed for submission of tenders.

2

The tenderers modification or withdrawal notice shall be prepared, sealed, marked

and dispatched in accordance with the provisions of paragraph 2.15. a withdrawal
notice may also be sent by fax or email but followed by a signed confirmation copy,
postmarked not later than the deadline for submission of tenders.

No tender may be modified after the deadline for submission of tenders.

No tender may be withdrawn in the interval between the deadline for submission of
tenders and the expiration of the period of tender validity. Withdrawal of a tender
during this interval may result in the Tenderers forfeiture of its tender security,
pursuant to paragraph 2.12.7.

2.18.

Opening of Tenders

The Procuring entity will open all tenders in the presence of tenderers
representatives who choose to attend, at Monday, 23rd May 2016, at 12.00 noon and
in the location specified in the invitation for tenders. The tenderers representatives
who are present shall sign a register evidencing their attendance.

The tenderers names, tender modifications or withdrawals, tender prices, discounts,

and the presence or absence of requisite tender security and such other details as the
Procuring entity, at its discretion, may consider appropriate, will be announced at the
opening.

The Procuring entity will prepare minutes of the tender opening, which will be
submitted to tenderers that signed the tender opening register and will have made the
request.

19

Clarification of Tenders

To assist in the examination, evaluation and comparison of tenders the Procuring

entity may, at its discretion, ask the tenderer for a clarification of its tender. The
request for clarification and the response shall be in writing, and no change in the
prices or substance of the tender shall be sought, offered, or permitted.

Any effort by the tenderer to influence the Procuring entity in the Procuring entitys
tender evaluation, tender comparison or contract award decisions may result in the
rejection of the tenderers tender.

20

Preliminary Examination and Responsiveness

The Procuring entity will examine the tenders to determine whether they are
complete, whether any computational errors have been made, whether required
sureties have been furnished, whether the documents have been properly signed, and
whether the tenders are generally in order.

Arithmetical errors will be rectified on the following basis. If there is a discrepancy

between the unit price 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.
If the candidate does not accept the correction of the errors, its tender will be
6

rejected, and its tender security forfeited. If there is a discrepancy between words
and figures, the amount in words will prevail.
3

The Procuring entity may waive any minor informality or non-conformity 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.

Prior to the detailed evaluation, pursuant to paragraph 2.20, the Procuring entity will
determine the substantial responsiveness of each tender to the tender documents. For
purposes of these paragraphs, a substantially responsive tender is one which
conforms to all the terms and conditions of the tender documents without material
deviations the Procuring entitys determination of a tenders responsiveness is to be
based on the contents of the tender itself without recourse to extrinsic evidence.

If a tender is not substantially responsive, it will be rejected by the procuring entity

and may not subsequently be made responsive by the tenderer by correction of the
nonconformity.

2.21.

Conversion to single currency

2.21.1 Where other currencies are used, the Procuring entity will convert those currencies to
Kenya Shillings using the selling exchange rate on the date of tender closing provided
by the Central Bank of Kenya.
2.22.

Evaluation and Comparison of Tenders

2.22.1 The Procuring entity will evaluate and compare the tenders which have been
determined to be substantially responsive, pursuant to paragraph 2.20
2.22.2 The Procuring entitys evaluation of a tender will take into account, in addition to the
tender price, the following factors, in the manner and to the extent indicated in
paragraph 2.22.3.
(a) Operational plan proposed in the tender;
(b) Deviations in payment schedule from that specified in the Special Conditions
of Contract.
3

Pursuant to paragraph 2.22.2. the following evaluation methods will be applied.

(a) Operational Plan
i

The Procuring entity requires that the services under the Invitation for Tenders
shall be performed at the time Specified in the Schedule of Requirements.
Tenders Offering to perform longer than the procuring entitys Required
delivery time will be treated as non-responsive And rejected.
(b) Deviation in payment schedule

ii

Tenderers shall state their tender price for the payment on schedule outlined in
the special conditions of contract.
Tenders will be evaluated on the basis of this base price.
Tenderers are, however, permitted to state an alternative payment schedule and
7

indicate the reduction in tender price they wish to offer for such alternative
payment schedule. The Procuring entity may consider the Alternative payment
schedule offered by the selected Tenderer.
4

The tender evaluation committee shall evaluate the tender within 30 days from the
date of opening the tender.

2.23.

Contacting the Procuring entity

2.23.1 Subject to paragraph 2.19 no tenderer shall contact the Procuring entity on any matter
relating to its tender, from the time of the tender opening to the time the contract is
awarded.
2.23.2 Any effort by a tenderer to influence the Procuring entity in its decisions on tender
evaluation, tender comparison, or contract award may result in the rejection of the
Tenderers tender.
2.24 Post-qualification
2.24.1 The Procuring entity will verify and determine to its satisfaction whether the tenderer
that is selected as having submitted the lowest evaluated responsive tender is qualified
to perform the contract satisfactorily.
2.24.2 The determination will take into account the tenderer financial and technical
capabilities. It will be based upon an examination of the documentary evidence of the
tenderers qualifications submitted by the tenderer, pursuant to paragraph 2.11.2, as
well as such other information as the Procuring entity deems necessary and
appropriate
2.24.3 An affirmative determination will be a prerequisite for award of the contract to the
tenderer. A negative determination will result in rejection of the Tenderers tender, in
which event the Procuring entity will proceed to the next lowest evaluated tender to
make a similar determination of that Tenderers capabilities to perform satisfactorily.
2.25 Award Criteria
2.25.1 Subject to paragraph 2.29 the Procuring entity will award the contract to the
successful tenderer whose tender has been determined to be substantially responsive
and has been determined to be the lowest evaluated tender, provided further that the
tenderer is determined to be qualified to perform the contract satisfactorily.
2.25.2 To qualify for contract awards, the tenderer shall have the following:a
b
c
d

Necessary qualifications, capability experience, services, equipment and

facilities to provide what is being procured.
Legal capacity to enter into a contract for procurement.
Shall not be insolvent, in receivership, bankrupt or in the process of being
wound up and is not the subject of legal proceedings relating to the
foregoing.
Shall not be debarred from participating in public procurement.

2.26.

Procuring entitys Right to accept or Reject any or all Tenders

The Procuring entity reserves the right to accept or reject any tender, and to annul the
tendering process and reject all tenders at any time prior to contract award, without
thereby incurring any liability to the affected tenderer or tenderers or any obligation to
inform the affected tenderer or tenderers of the grounds for the Procuring entitys
action. If the Procuring entity determines that none of the tenders is responsive, the
Procuring entity shall notify each tenderer who submitted a tender.
The procuring entity shall give prompt notice of the termination to the tenderers and
on request give its reasons for termination within 14 days of receiving the request
from any tenderer.

A tenderer who gives false information in the tender document about is qualification
or who refuses to enter into a contract after notification of contract award shall be
considered for debarment from participating in future public procurement.

27

Notification of Award

Prior to the expiration of the period of tender validity, the Procuring entity will notify
the successful tenderer in writing that its tender has been accepted.

The notification of award will signify the formation of the contract subject to the
signing of the contract between the tenderer and the procuring entity pursuant to
clause 2.9. Simultaneously the other tenderers shall be notified that their tenders were
not successful.

Upon the successful Tenderers furnishing of the performance security pursuant to

paragraph 2.29 the Procuring entity will promptly notify each unsuccessful Tenderer
and will discharge its tender security, pursuant to paragraph 2.12

28

Signing of Contract

At the same time as the Procuring entity notifies the successful tenderer that its tender
has been accepted, the Procuring entity will simultaneously inform the other tenderers
that their tenders have not been successful.

Within fourteen (14) days of receipt of the Contract Form, the successful tenderer
shall sign and date the contract and return it to the Procuring entity.

2.28.3 The contract will be definitive upon its signature by the two parties.

The parties to the contract shall have it signed within 30 days from the date of
notification of contract award unless there is an administrative review request.

29

Performance Security

The successful tenderer shall furnish the performance security in accordance with the
Conditions of Contract, in a form acceptable to the Procuring entity.

Failure by the successful tenderer to comply with the requirement of paragraph 2.29
or paragraph 2.30.1 shall constitute sufficient grounds for the annulment of the award
9

and forfeiture of the tender security, in which event the Procuring entity may make the
award to the next lowest evaluated tender or call for new tenders.
30

Corrupt or Fraudulent Practices

The Procuring entity requires that tenderers observe the highest standard of ethics
during the procurement process and execution of contracts. A tenderer shall sign a
declaration that he has not and will not be involved in corrupt or fraudulent practices.
The Procuring entity will reject a proposal for award if it determines that the tenderer
recommended for award has engaged in corrupt or fraudulent practices in competing
for the contract in question
Further a tenderer who is found to have indulged in corrupt or fraudulent practices
risks being debarred from participating in public Procurement in Kenya.

3
4

Appendix to Instructions to Tenderers

Notes on the Appendix to the Instruction to Tenderers
1.

The Appendix to instructions to tenderers is intended to assist the procuring entity in

providing specific information in relation to corresponding clause in the instructions
to Tenderers included in Section II and has to be prepared for each specific
procurement.

2.

The procuring entity should specify in the appendix information and requirements
specific to the circumstances of the procuring entity, the procuring of the
procurement, and the tender evaluation criteria that will apply to the tenders.

3.

In preparing the Appendix the following aspects should be taken into consideration;
(a)

The information that specifies and complements provisions of Section II to be

incorporated.

(b)

Amendments and/or supplements if any, to provisions of Section II as

necessitated by the circumstances of the specific procurement to be also
incorporated.

4.

Section II should remain unchanged and can only be amended through the Appendix
to instructions to tenders.

5.

Any clause to be included in the appendix to instructions to tenderers must be

consistent with the applicable public procurement law and regulations.

10

Appendix to instructions to Tenderers

The following information for the procurement of insurance services shall complement,
supplement, or amend, the provisions on the instructions to tenderers. Wherever there is a
conflict between the provisions of the instructions to tenderers and the provisions of the
appendix, the provisions of the appendix herein shall prevail over those of the instructions to
tenderers.
Clause / Instruction
to tender reference

Particulars of Appendix to instructions to tenderers

2.1

-Must be registered firm, licensed to provide the services tendered for and
in existence for a minimum of period of three years
-Must submit a copy of Certificate of Incorporation, PIN Registration,
Valid Tax Compliance Certificate and Company profile
-Submitted copy of certified copies of audited accounts for the last three
years
- Submit bid bond of 2% of tender sum as per tender
-Copy of tender purchase receipt

2.15.2 (b)

Closing Day: Monday, at 12.00 noon

Date: 23rd May 2016
Time: 12.00 noon

2.16.1

As 2.15.2 (b) above

2.18.1

As 2.15.2 (b) above

2.10.1

Kenya Shillings

Employer

County Government of Bomet,

P.O. Box 19 20400,
Bomet, Kenya

11

SECTION III: CONDITIONS OF CONTRACT,

12

PART I GENERAL CONDITIONS

Find attached.

13

PART II SPECIAL CONDITIONS OF CONTRACT

Notes on Special Conditions of Contract
1. The clauses in this section are intended to assist the procuring entity in providing
contract-specific information in relation to corresponding clauses in the General
Conditions of Contract.
2. The Provisions of Section IV complement the General Conditions of Contract included
in Section III, specifying contractual requirements linked to the special circumstances of
the procuring entity and the insurance cover required. In preparing Section IV, the
following aspects should be taken into consideration.
a

Information that complement provisions of Section III must be incorporated; and

Amendments and/or supplements to provisions of Section III, as necessitated by

the circumstances of the specific insurance cover required must also be
incorporated.

3. Where there is a conflict between the provisions of the special conditions of contract and
the provisions of the general conditions of contract, the provisions of the special
conditions of contract shall prevail over the provisions of the general conditions of
contract.
4. Any clause to be included in this section must be consistent with the applicable public
procurement law and regulations.
5. Special Conditions of Contract as relates to the General Conditions of Contract
Reference of general conditions of contract

Special condition of contract

3.6 Performance security

10% (ten percent) of contract price

3.7 Delivery of Services

As per tender

3.8 Payment

As per tender

3.9 Price adjustment

As per tender

3.16 Applicable law

Laws of Kenya
County Government of Bomet,
P.O. Box 19 20400,
Bomet, Kenya

3.18 Notices

14

15

SECTION IV: QUALIFICATION AND EVALUATION

CRITERIA

16

TENDER EVALUATION CRITERIA

Summary sheet
Bidders
Score

Scoring criteria
Maxim Possible
Score

Description
1

Mandatory requirements

20

2
3

Experience / Works of Similar Nature

Evidence of financial capability for the work
TOTAL

50
30
100

1.0 MANDATORY REQUIREMENTS (20)- Absence of any leads to bid being declared
non responsive
Max score
Certificate of Incorporation

PIN Registration

Valid KRA Tax compliance Certificate

Bid Security

5
TOTAL

Bidders score

20

2.0 EXPERIENCE /WORKS OF SIMILAR NATURE (50)

Schedule 2.1 (equal or higher values) max score (20)
Maximum Points
Possible
Three projects of equal or higher value in the last three
years.

20

Any Three projects of value between 50-100% of value

15

Any Projects less than 25% value of the tendered works.

No submission of project record

TOTAL

20

Bidders
score

17

Schedule 2.2 (Similar nature) max score (15)

Maximum Points Possible
Three projects of similar nature
Any Three projects of similar nature but not same
complexity
Other unrelated works
No submission in details works undertaken
TOTAL

Bidders
Score

15
10
5
0
15

Schedule 2.3 (reference and clients) max score (15)

Maximum Points
Possible
Three or more similar works satisfactory completed in the
last 3 years (provide proof e.g. LPO, LSO, delivery notes,
testing certificates, contract, completion certificate.
Works done in the last 3 years within schedule
Works for other Clients
TOTAL

Bidders
Score

15
10
5
15

3.0 EVIDENCE OF FINANCIAL CAPACITY (30)

Schedule 3.1 Available records score (15)
Financial Record Provided
Provide audited accounts for 3 years (from 2012)
Provide audited accounts for 2 years (from 2013)
Provide audited accounts for 1 year (from 2014)
Provide bank statements ( 6 months to date )
Provide letter of credit (bank/supplier)
Other financial record
TOTAL SCORE

Maximum score
4
4
4
2
0.5
0.5
15

Bidders Score

Schedule 3.2 amount in record compared to value of work score (15)

Financial capability

Maximum score for financial capacity

Equal
or
over

Value of turn over three times the

value of tendered work in last
two years
Value of assets to tendered works
Value of credit line available to
tendered works value
TOTAL SCORE

75%
and
above

50%
and
above

25%
and
above

5
5

3.5
3.5

2.5
2.5

1
1

0.5
0.5

3.5

2.5

0.5

15

10.5

7.5

1.5

Bidders
Score

Less
than
25%

NOTE:
The Value of Tendered works for 3.2 will be the value quoted by the tenderer.
18

SECTION V: SCHEDULE OF REQUIREMENTS

19

Notes for preparing Schedule of Requirements

1. The schedule of Requirements shall be included in the tender documents by the
procuring entity and shall cover, at the minimum, a description of the insurance cover
to be provided and full particulars of the same.
2. The objectives of the schedule of requirements is to provide sufficient information to
enable tenderers to prepare their tenders comprehensively, efficiently and accurately.
In particular the price schedule for which a form is provided in Section VI must be
carefully completed.
3. In addition, the schedule of requirements together with the price schedule should
serve as a basis in the event of services variation at the time of award of contract
pursuant to instruction to tenderers paragraph 2.26

20

Bills of Quantities

SECTION VI BILLS OF QUANTITIES

The Bills of Quantities has been are provided as Volume II of the Tender Documents.

SECTION VII STANDARD FORMS

SECTION VII STANDARD FORMS

a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
n)
o)
p)
q)
r)
s)
t)
u)
v)

Form of Tender
Appendix to Form of Tender
Letter of Acceptance
Form of Agreement
Form of Tender Security
Performance Bank Guarantee(unconditional)
Bank Guarantee for Advance Payment
Tender Questionnaire
Confidential Business Questionnaire
Schedule of Materials;- Basic Prices
Schedule of Labour;- Basic Prices
Schedule of Plant and Equipment
Details of Sub-Contractors
Certificate of Tenderers Site visit
Form of Written Power of Attorney
Key Personnel
Completed Civil Works
Schedule of On-going Projects
Equipment
Other Supplementary Information
Declaration Form
Letter of notification of award

FORM OF TENDER
(on letterhead of the tenderer)
TO: __________________________[Name of Employer) ____________[Date]
_________________________[Name and Identification Number of Contract]
Dear Sir,
1

In accordance with the Conditions of Contract, Specifications, Drawings and Bills of

Quantities for the execution of the above named Works, we, the undersigned offer to
construct, install and complete such Works and remedy any defects therein for the sum of
Kshs._____________________________[Amount
in
figures]Kenya
Shillings_________________________________________________________________
__________________________[Amount in words]

We undertake, if our tender is accepted, to commence the Works as soon as is reasonably

possible after the receipt of the Project Engineers notice to commence, and to complete
the whole of the Works comprised in the Contract within the time stated in the Appendix
to Conditions of Contract.

We agree to abide by this tender until ___________________[Insert date], and it shall

remain binding upon us and may be accepted at any time before that date.

Unless and until a formal Agreement is prepared and executed this tender together with
your written acceptance thereof, shall constitute a binding Contract between us.

We understand that you are not bound to accept the lowest or any tender you may receive.
Dated this ____________________ day of _______20________________
Signature __________________in the capacity of___________________
duly authorized to sign tenders for and on behalf of
_____________________________________________[Name of Tenderer]
of___________________________________________[Address of Tenderer]
Witness; Name______________________________________
Address_____________________________________
Signature___________________________________
Date_______________________________________

APPENDIX TO FORM OF TENDER

(This appendix forms part of the tender)
CONDITIONS OF CONTRACT

CLAUSE

Tender Security (Bank Guarantee only)

Amount of Performance Security
(Unconditional Bank Guarantee)

10.1

Minimum amount of Third Party

Insurance
Advance Payment
Percentage of Retention
Limit of Retention Money
Appointer of Arbitrator

23.2

Notice to Employer

60.1(a)
60.5
60.5
67(3)
68.2

APPENDIX

Two (2) percent of the tender price in the form

of Unconditional Bank Guarantee from a local
reputable bank
Ten (10) percent of Tender Sum in the form of
Unconditional Bank Guarantee from a local
reputable bank and delivered to the Employer
within 14 calendar days after date of
notification of tender award.
As per applicable laws in Kenya
Not Applicable
10% of Interim Payment Certificate
10 % of Contract Price
Chartered Institute of Arbitrators Kenya
Chapter
The Employers address is:
County Secretary
County Government of Bomet
P. O Box 19-20400
Bomet, Kenya

Name of tenderer........................................................................................................................
Signature of TenderDate..........................
Stamp...........................................................................................................................................

LETTER OF ACCEPTANCE
[Letterhead paper of the Employer]

_______________________[date]
To: _______________________
[name of the Contractor]
_____________________
[address of the Contractor]
Dear Sir,
This is to notify you that your Tender dated ___________________________
for the execution of ________________________________________________
[name of the Contract and identification number, as given in the Tender documents] for the
Contract Price of Kshs. __________________________ [amount in figures][Kenya
Shillings______________________________(amount in words) ] in accordance with the
Instructions to Tenderers is hereby accepted.
You are hereby instructed to proceed with the execution of the said Works in accordance with
the Contract documents.
Authorized Signature
Name and Title of Signatory
Attachment: Agreement

FORM OF AGREEMENT
THIS AGREEMENT, made the _________________ day of ________ 20 ______ between
________________________________________________of [or whose registered office is
situated at]__________________________________________(hereinafter called the
Employer) of the one part AND ___________________________________________of[or
whose registered office is situated at]_________________________________________
(Hereinafter called the Contractor) of the other part.
WHEREAS
THE
Employer
is
desirous
that
the
Contractor
executes
_______________________________________________ (name and identification number
of
Contract
)
(hereinafter
called
the
Works)
located
at__________________[Place/location of the Works]and the Employer has accepted the
tender submitted by the Contractor for the execution and completion of such Works and the
remedying
of
any
defects
therein
for
the
Contract
Price
of
Kshs___________________________[Amount
in
figures],Kenya
Shillings____________________________________________________________________
_______________________[Amount in words].
NOW THIS AGREEMENT WITNESSED 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.
2 The following documents shall be deemed to form and shall be read and construed as part of
this Agreement i.e.
i
ii
iii
iv
v
vi
vii

Letter of Acceptance
Form of Tender
Conditions of Contract Part I
Conditions of Contract Part II and Appendix to Conditions of Contract
Specifications
Drawings
Priced Bills of Quantities

3 In consideration of the payments to be made by the Employer to the Contractor as hereinafter

mentioned, the Contractor hereby covenants with the Employer to execute and complete
the Works and remedy any defects therein in conformity in all respects with the
provisions of the Contract.
4 The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and
in the manner prescribed by the Contract.

IN WITNESS whereof the parties 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 ______________________________
Binding Signature of Employer _____________________________________
Binding Signature of Contractor _____________________________________
In the presence of (i) Name_________________________________________
Address________________________________________
Signature______________________________________
[ii] Name ____________________________________
Address___________________________________
Signature___________________________________

FORM OF TENDER SECURITY

WHEREAS ..(Hereinafter called the Tenderer) has
submitted his tender dated for the construction of

(name of Contract)
KNOW ALL PEOPLE by these presents that WE having our
registered office at (hereinafter called the Bank), are bound unto
(hereinafter called the Employer) in the sum of Kshs.
for which payment well and truly to be made to the said Employer, the
Bank binds itself, its successors and assigns by these presents sealed with the Common Seal
of the said Bank this . Day of 20
THE CONDITIONS of this obligation are:
1

If after tender opening the tenderer withdraws his tender during the period of tender
validity specified in the instructions to tenderers
Or

If the tenderer, having been notified of the acceptance of his tender by the Employer
during the period of tender validity:
a
b
c

fails or refuses to execute the form of Agreement in accordance with the

Instructions to Tenderers, if required; or
fails or refuses to furnish the Performance Security, in accordance with the
Instructions to Tenderers;
Rejects a correction or an arithmetic error in the tender.

We undertake to pay to the Employer up to the above amount upon receipt of his first
written demand, without the Employer having to substantiate his demand, provided
that in his demand the Employer will note that the amount claimed by him is due to
him, owing to the occurrence of one or both of the two conditions, specifying the
occurred condition or conditions.
This guarantee will remain in force up to and including thirty (30) days after the
period of tender validity, and any demand in respect thereof should reach the Bank not
later than the said date.
___________________________
______________________________
[date[
[signature of the Bank]
___________________________
[witness]

______________________________
[seal]

PERFORMANCE BANK GUARANTEE (UNCONDITIONAL)

To: _________________________(Name of Employer)
___________(Date)
__________________________(Address of Employer)
Dear Sir,
WHEREAS ______________________(hereinafter called the Contractor) has undertaken,
in pursuance of Contract No. _____________ dated _________ to execute _______________
(hereinafter called the Works);
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall
furnish you with a Bank Guarantee by a recognised bank for the sum specified therein as
security for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, up to a total of Kshs. ________________ (amount of Guarantee in
figures) Kenya Shillings__________________________________________ (amount of
Guarantee in words), and we undertake to pay you, upon your first written demand and
without cavil or argument, any sum or sums within the limits of Kenya Shillings
_________________________ (amount of Guarantee in words) as aforesaid without your
needing to prove or to show grounds or reasons for your demand for the sum specified
therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change, addition or other modification of the terms of the Contract
or of the Works to be performed 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 be valid until the date of issue of the Certificate of Completion.
SIGNATURE AND SEAL OF THE GUARANTOR ___________________
Name of Bank ____________________________________________
Address ________________________________________________
Date ______________________________________________________

10

BANK GUARANTEE FOR ADVANCE PAYMENT

To:

________________________ [name of Employer] ___________(Date)

________________________[address of Employer]
Gentlemen,
Ref:

_______________________________________________[name of Contract]

In accordance with the provisions of the Conditions of Contract of the above-mentioned

Contract, We,_______________________________________[name and Address of
Contractor]
(hereinafter
called
the
Contractor)
shall
deposit
with
_______________________________[name of Employer] a bank guarantee to guarantee his
proper and faithful performance under the said Contract in an amount of
Kshs._____________[amount
of
Guarantee
in
figurers]
Kenya
Shillings_____________________________________[amount of Guarantee in words].
We, ________________[bank or financial institution], as instructed by the Contractor, agree
unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely,
the payment to ___________________________[name of Employer] on his first demand
without whatsoever right of objection on our part and without his first claim to the
Contractor, in the amount not exceeding Kshs________________________[amount of
Guarantee in figures] Kenya Shillings ___________________________________________
[amount of Guarantee in words], such amount to be reduced periodically by the amounts
recovered by you from the proceeds of the Contract.
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 there under or of any of the Contract documents
which may be made between ________________________[name of Employer] 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.
This guarantee shall remain valid and in full effect from the date of the advance payment
under the Contract until _____________________________________________(name of
Employer) receives full payment of the same amount from the Contract.
Yours faithfully,
Signature and Seal __________________________________________________
Name of the Bank or financial institution ______________________________
Address ______________________________________________________________
Date _________________________________________________________________
Witness:
Name: ____________________________________________________
Address: __________________________________________________
Signature: ________________________________________________
Date: _____________________________________________________

11

TENDER QUESTIONNAIRE
Please fill in block letters.
1

Full names of tenderer

Full address of tenderer to which tender correspondence is to be sent (unless an agent

has been appointed below)

Telephone number (s) of tenderer

Telex address of tenderer

Name of tenderers representative to be contacted on matters of the tender during the

tender period

Details of tenderers nominated agent (if any) to receive tender notices. This is
essential if the tenderer does not have his registered address in Kenya (name, address,
telephone, telex)

Signature of Tenderer:.................................................................................................
Make copy and deliver to :_____________________( Name of Employer)

12

CONFIDENTIAL BUSINESS QUESTIONNAIRE

You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or 2 (c)
and 2 (d) whichever applies to your type of business.
You are advised that it is a serious offence to give false information on this Form.
Part 1 General
Business Name
Location of business premises;

Country/Town...

Plot No Street/Road .
Postal Address Tel No..
Nature of Business.
Current Trade Licence No Expiring date..
Maximum value of business which you can handle at any time: Ksh..
Name of your bankers
Branch
Part 2 (a) Sole Proprietor
Your name in full Age...
Nationality Country of Origin...
*Citizenship details ..
Part 2 (b) Partnership
Give details of partners as follows:
Name in full
Nationality Citizenship Details
Shares
1
2
3

13

Part 2(c) Registered Company:

Private or public
State the nominal and issued capital of the CompanyNominal Kshs
Issued Kshs
Give details of all directors as follows:
Name in full .

Nationality.

Citizenship Details*. Shares.

1.

2.

3.

4.

Part 2(d) Interest in the Firm:

Is there any person / persons in (Name of Employer) who has
interest in this firm? Yes/No(Delete as necessary)
I certify that the information given above is correct.

(Title)

(Signature)

* Attach proof of citizenship

14

(Date)

DETAILS OF SUB-CONTRACTORS
If the Tenderer wishes to sublet any portions of the Works under any heading, he must give
below details of the sub-contractors he intends to employ for each portion.
Failure to comply with this requirement may invalidate the tender.
(1) Portion of Works to be sublet:
(i) Full name of Sub-contractor and address of head office:

ii)

Sub-contractors experience of similar works carried out in the last 3 years with
Contract value:

(2) Portion of Works to sublet:

(i) Full name of sub-contractor and address of head office:

ii

Sub-contractors experience of similar works carried out in the last 3 years with
contract value:

____________________
[Signature of Tenderer)

_______________________
Date

15

FORM OF WRITTEN POWER-OF-ATTORNEY

The Tenderer consisting of a joint venture shall state here below the name and address of his
representative who is authorised to receive on his behalf correspondence in connection with
the Tender.

(Name of Tenderers Representative in block letters)

(Address of Tenderers Representative)

(Signature of Tenderers Representative)

16

OTHER SUPPLEMENTARY INFORMATION

1

Financial reports for the last five years, balance sheets, profit and loss statements,
auditors reports etc. List them below and attach copies.

Evidence of access to financial resources to meet the qualification requirements.

Cash in hand, lines of credit etc. List below and attach copies of supporting
documents

Name, address, telephone, telex, fax numbers of the Tenderers Bankers who may
provide reference if contacted by the Employer.

Proposed Program (work method and schedule). Descriptions, drawings, and charts, as
necessary, to comply with the requirements of the bidding documents

17

Information on current litigation in which the Tenderer is involved.

OTHER PARTY (IES)

CAUSE OF DISPUTE

AMOUNT INVOLVED
(KSHS)

I certify that the above information is correct.

Title

Signature
Date

18

DECLARATION FORM
Date
To

(Name and address of Employer)

The tenderer i.e. (name and address)

declare the following:
a) Has not been debarred from participating in public procurement.
b) Has not been involved in and will not be involved in corrupt and
fraudulent practices regarding public procurement.

Title

Signature

Date

(To be signed by authorized representative and officially stamped)

19

LETTER OF NOTIFICATION OF AWARD

Address of Procuring Entity
_____________________
_____________________
To:

RE: Tender No.

Tender Name
This is to notify that the contract/s stated below under the above mentioned tender have been
awarded to you.

1. Please acknowledge receipt of this letter of notification signifying your acceptance.

2. The contract/contracts shall be signed by the parties within 30 days of the date of this
letter but not earlier than 14 days from the date of the letter.
3. You may contact the officer(s) whose particulars appear below on the subject matter
of this letter of notification of award.
(FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER

20