ICC Tender Doc 1

REPUBLIC OF KENYA
THE KENYATTA INTERNATIONAL

CONVENTION CENTRE
REQUEST FOR PROPOSAL (RFP) FOR PROPOSED DESIGN

AND CONSTRUCTION OF PRE-FABRICATED EXHIBITION
CENTRE, K.I.C.C GROUNDS – NAIROBI
[OPEN INTERNATIONAL BIDDING]
TENDER NO: KICC/52/18-19
Issued by;
THE CHIEF EXECITIVE OFFICER

K.I.C.C
P.O. Box 30746-00100
Nairobi
The project Manager:

THE WORKS SECRETARY
STATE DEPARTMENT OF PUBLIC WORKS
P.O BOX 30743
NAIROBI
FEBRUARY, 2019
STANDARD TENDER DOCUMENT
FOR
PROCUREMENT OF WORKS
(DESIGN AND BUILD PROJECTS)
COMPETITIVE BIDDING FOR THE

REQUEST FOR PROPOSAL (RFP) FORPROPOSED DESIGN
ANDCONSTRUCTION OF PRE-FABRICATED EXHIBITION
CENTRE, K.I.C.C GROUNDS – NAIROBI
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TABLE OF CONTENTS
Page
SECTION I INVITATION TO TENDER 5
SECTION IIBACKGROUND AND PRELIMINARY

INFORMATION 7
SECTION III INSTRUCTIONS TO TENDERERS/BIDDERS 15
SECTION IV TECHNICAL PROPOSAL 49
SECTION V CONDITIONS OF CONTRACT 81
SECTION V1 APPENDIX TO CONDITIONS OF CONTRACT 106
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SECTION I - INVITATION TO TENDER
INTERNATIONAL COMPETITIVE BIDDING
Tender No.: KICC/52/18/19
Tender Name: REQUEST FOR PROPOSAL FOR PROPOSED INSTALLATION OF

PRE-FABRICATED EXHIBITION CENTRE, K.I.C.C GROUNDS - NAIROBI
SECTION II - BACKGROUND AND PRELIMINARY INFORMATION
1. KICC
The Kenyatta International Convention Centre (KICC) is a State Corporation established under
the Tourism Act. 2011 that came into operation on 1 September 2012. It is a leading meeting
venue in Nairobi, promoting the country as a destination most preferred for business travel and
MICE (Meetings, incentives, conferences and exhibitions) tourism. M.I.C.E has been recognized
as one of the four key products to be developed under the Kenya Vision 2030.
In September 2013, as the iconic complex celebrated its 40th anniversary, it was renamed as the
Kenyatta International Convention Centre.
2. SITE
The KICC grounds consist of expansive grounds overlooking the Kenyan parliament. In 1999,
the largest ever exhibition to be held in Kenya, bringing together exhibiters from all COMESA
countries, was held at the KICC. Among the attendees were nine heads of state, having come for
the Heads of State Summit. The Ground is currently used to hold large exhibitions and parking.
1.1 Interested candidates may obtain further information and inspect the tender documents at
the address given below: Kenyatta International Convention Centre (KICC), P.O.
Box 30746-00100 Nairobi at the Supply Chain Management Office.
1.2 Drawings and layout plans may be obtained by any interested tenderer upon payment of a
non-refundable fee of Kshs. 1000.00in cash or banker’s cheque payable to the Chief
Executive Officer (CEO), Kenyatta International Conference Centre (KICC) at cash
office. Candidates are advised that the fee does not include postage charges and are
strongly advised to arrange for direct collection of the tender documents.
1.3 Completed tenders should be submitted accompanied by a tender security issued by a

reputable bank or insurance company in the amount of Kshs.10, 000,000 to be received
on or before…11th March 2019 at 10.00 am. Failure to provide tender security will lead
to disqualification of the tender.
1.4 Prices quoted shall be inclusive of duty and other taxes and shall remain valid for
150calendar days from the closing date of the tenders
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1.5 Completed tender documents shall be submitted in plain sealed envelopes clearly marked
with the Tender number and name and marked “DO NOT OPEN” before…11th March
2019 ” and addressed to Chief Executive Officer (CEO), Kenyatta International
Conference Centre (KICC), P.O. Box 30746-00100 Nairobi to be deposited in the
Tender Box, located at 4thFloor.
1.6 Tenders will be opened immediately after the closing time in the presence of tenderers
representatives who choose to attend the opening at Boardroom on 4th Floor at the
Kenya International Conference Centre (KICC), P.O. Box 30746-00100 Nairobi
Head of Supply Chain Management Services

FOR: Chief Executive Officer (CEO), KICC
.
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SECTION II BACKGROUND AND PRELIMINARY INFORMATION
2.0 DELIVERY PROJECTION

The Programme is approximately projected to Eleven thousand, one hundred seventy two
(11,172sqm) square metres of exhibition and mezzanine space within the time frame that
will be agreed on.
3.0 DELIVERY SPREAD

The Project is to be undertaken within The KICC grounds which consist of expansive
grounds overlooking the Kenyan parliament.
4.0 DELIVERY MODEL

The proposed delivery model is by Engineering Procurement Contract (EPC) where
procurement method is Design Build. The EPC Developers will use technologies that
adopt prefabricated system and taking into consideration cost, time and quality.
The Developers will undertake own design, documentation, costing and construction.
5.0 IDENTIFIED LAND
The Site is located at the KICC ground which consists of expansive grounds
overlooking the Kenyan parliament. The Ground is currently used to hold large
exhibitions and parking.
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SITE LOCATION
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PROPOSED SITE
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6.0 PROJECT FEATURES
The Scope of works will generally comprise (but not limited to):
a. Sub structure and Civil/earth works

b. Superstructure-Prefabricated Covered Exhibition & mezzanine spaces.
c. Security Facilities such as Checkpoints.
7.0 SCOPE OF THE WORKS
The Works to be carried out under the Contract shall, except as otherwise provided in
the Contract, comprise the design& documentation, construction, supply, installation,
testing, commissioning and handing over of Works in strict accordance with the Contract
and as directed by the Project Manager.
PREFABRICATED HALL MEASURING 175MX65M WIDE AND 7.5M HEIGHT. In

general, the structure should have the following (Or of equal standard and quality to approval):
 The structure should have two partitions made of sound reducing aluminium hollow
profile for quick erection and dismounting.
 The roof should be covered by double layer thermo inflatable roof, plastic coated fabrics.
Roof pitch of approx. 10° and be able to withstand wind load of norm EN 13782
 Frame should be made out of extruded aluminium structural profiles.
 The reinforced concrete floor should have cassette flooring finish.
 The structure should have 25mx25m storey building attached to it, having the mezzanine
made of structural profiles, cassette flooring with adequate stair ways and all necessary
guard rails.
 Side walls should preferably be having tempered glass and lock-in sandwich panel
system
 Entrance structure. The structure should have three structural entrances each measuring
10m x 10m and preferably side height of 7.5m coming down at 10°towards the lowest
point, with cassette flooring.
 The structure should have entrance and exit double doors, preferable with security
locking mechanisms, with cassette flooring and linoleum covering.
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 The structure should have internal doors along the length of the dismountable partitions
and double doors for access to the exhibition space(s).
 The building should have sliding doors preferably with electro motor, emergency crank
handle, pressure button, dead man’s control safety against unrolling or fall arrester in the
electronic gear accessories
 Air conditioning units. The building should have air conditioning units installed each
capacity of 155kw.
 Lighting. The building should have sufficient LED spot lights installed in addition to
emergency lights in addition to 24V 200Amp batteries bank. External lighting should be
halogen lights 500W and 20HQI flood lights. 150 sockets should be installed in addition
to 300 low voltage data points
 Fire protection, prevention, detection, response and action, fire hydrants and automatic
sprinklers should be installed in addition, access routes lighting, escape routes and
emergency exits
 Security check equipment at all points of entries The design and specifications should
not be limited to the above but should fully conceptualize the procuring entities vision
 The structure should have provision for solar heating and solar lighting in line with
environmental sustainability.
 The hall should have provision for ablution facilities.
 The structure should have lightning arrestors installed.
DOUBLE STOREY ALUMINIUM STRUCTURE WITH TERACE ON LEVEL 2

This is a double aluminium storey with terrace on level 2. The width is 25 mx25m lengths and
the height is 3m above ground while the top is 3m above the floor level
 The frame is made out of extruded aluminium profiles, anodized, 4 channel-profile with main
profile being 334/122mm and having bar tensioning and ridge and corner connections made out
of galvanized steel and fixed onto base plates with the roof pitch having 7degrees meeting wind
loads according to EN13782 and floor load of 500kg/sq.m
 The roof cover should have double layer thermo inflatable roof, plastic coated fabrics, and opaque
silver color on the outside and black inside with white lining to the roof. Items should be flame
retardant according to DIN 4102/B1, M2. Tensioning bars made out of galvanized steel
 The sides should be made of two sides ISO –wall 40mm anthracite and 2 sides panoramic
window systems aluminium-frames, anthracite fixed on the outside of the uprights VSG-Security-
glass 6mm, tinted lock in system on level 2 wall recessed
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 Ground floor and first floor should have cassette floor
 Stairways: The building (Manhattan) should have a stairway(s).
 Doors- 7 Double doors with tinted glass,3 double doors with PVC,4 Single doors with PVC
FILLING
 Lining Flame resistant
 Lighting internal- main distribution station, low voltage LED spot lights 30W,Emergency
Lighting, 24V 200Amp batteries
 External lighting 15 halogen lights 500W, 10HQI Flood lights
 Electricity to be provided with 50 points for sockets and data
 Fire Detection, Fire hydrants, access routes, escape roots and sprinkler systems to be installed
 Metal Detectors- To be installed
 Air Condition, Heating- Refrigerated air conditioning system and heating system to be provided
to maintain temperatures of 19 to 27 Celsius
 Provision for toilets for people with disabilities.
 On civil works, the floor should cover 175mx65m. The floor should have vibrated reinforced
concrete, and should be able to withstand the dead loads building loads, equipment’s, structures,
live loads, wind loads, rain loads, earthquake, and miscellaneous loads. The area will require
excavations to be done, removal of top soil, hard-core filling, compaction, levelling, concreting,
vibrated reinforced slabs, pavement slabs, gutters and rain water disposal.
The design and specifications should not be limited to the above but should fully
conceptualize the procuring entities vision
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SECTION III: INSTRUCTIONS TO BIDDERS
Table of Contents
Clause Numbers Description Page
A - GENERAL
3.1 Definitions ......................................................................................... 16
3.2 Eligibility and Qualification Requirements ......................................... 16
3.3 Cost of Tendering .............................................................................. 17
3.4 Site Visit ............................................................................................ 17
B TENDER DOCUMENTS
3.5 Contents of Tender Documents………………………. ....................... 18

3.6 Clarification of Tender Documents .................................................... 19
3.7 Amendments of Tender Documents ................................................... 19
C PREPARATION OF TENDER
3.8 Language of Tender ........................................................................... 19
3.9 Documents Comprising the Tender .................................................... 19
3.10 Tender prices ..................................................................................... 20
3.11 Currencies of Tender and Payment ..................................................... 21
3.12 Tender Validity .................................................................................. 21
3.13 Tender Security.................................................................................. 21
3.14 No Alternative Offers ......................................................................... 22
3.15 Pre-tender meeting ............................................................................. 22
3.16 Format and Signing of Tenders .......................................................... 23
D SUBMISSION OF TENDERS
3.17 Sealing and Marking of Tenders ......................................................... 24
3.18 Deadline and Submission of Tenders.................................................. 24
3.19 Modification and Withdrawal of Tenders ........................................... 24
E TENDER OPENING AND EVALUATION

3.20 Tender Opening ................................................................................. 25
3.21 Process to be Confidential .................................................................. 25
3.22 Clarification of Tenders ..................................................................... 26
3.23 Determination of responsiveness ........................................................ 26
3.24 Correction of Errors ........................................................................... 26
3.25 Conversion to Single Currency ........................................................... 27
3.26 Evaluation and Comparison of Tenders .............................................. 27
F AWARD OF CONTRACT
3.27 Award ................................................................................................ 28
3.28 Notification of Award and Signing of contract ................................... 28
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3.29 Performance Guarantee. ..................................................................... 29
3.30 Advance Payment .............................................................................. 29
3.31 Corrupt or fraudulent practices .......................................................... 29
3.32 Appendix to Instructions to Tenders ................................................... 30
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INSTRUCTIONS TO TENDERERS
A GENERAL
3.1 Definitions
(a) “Tenderer” means any person or persons, partnership or company submitting a
tender for the project acting directly or through a legally appointed representative.
(b) “Accepted tenderer” means the tenderer who is approved by the procuring entity
(c) “Procuring entity” means (name of procuring entity)
3.2 Eligibility and quantification of tenders
3.2.1 To be eligible and qualified the tender shall provide evidence satisfactory to the
procuring entity of its eligibility, capability and adequacy of resources to effectively
perform the subject contract. To this end, the tenderer shall be required to submit a
“technical proposal” which will include the following information.
(a) Details of experience and past performance of works of similar nature and
complexity in the last five years and details of any current work on hand
(b) The qualifications and experience of key personnel proposed for administration
and execution of the contract both on and off site
(c) Major items of construction plant and equipment proposed for use in the
performance of the contract. The tenderer will also indicate on the schedule when
each item will be available on the works. Included also should be a schedule of
plant, equipment and materials to be imported for the purpose of the contract,
giving details of make, type, and CIF value as appropriate.
(d) Details of subcontractors to whom it is proposed to sub-contract any portion of

the contract and for whom authority will be required for such subcontracting in
accordance with the conditions of contract.
(e) A draft programme of works in the form of a bar chart and schedule of payment,
which shall form part of the contract if the tender is accepted. Any change in the
programme or schedule shall be subject to the approval of the Procuring entity.
(f) Details of any current litigation or arbitration proceedings in which the tenderer is
involved as one of the parties
(g) Financial capability including financial reports for the last for years.
(h) Valid Bid Bond
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3.2.2 Joint Venture
Tenders submitted by a joint venture of two or more firms as partners shall comply with
the following requirements:
(a) The tender and in case of a successful tender, contract form shall be signed so as
to be legally binding on all partners
(b) One of the partners shall be nominated as being lead contractor, and this
authorization shall be evidenced by submitting a power of attorney signed by
legally authorized signatories of all the partners
(c) The lead contractor shall be authorized to incur liability and receive instructions
for and on behalf of any and all the partners of the joint venture and the entire
execution of the contract including payment shall be done exclusively with the
lead contractor.
(d) 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 relevant
statement to this effect shall be included in the authorization mentioned in (b)
above as well as in the form of tender and the contract form (in case of the
accepted tender).
(e) A copy of the contract entered into by the joint venture partners shall be submitted
with the tender.
3.2.3 The procuring entity’s employees, committee members, board members and their relative
(spouse and children) are not eligible to participate in the tender.
3.2.4 A tenderer who gives false information in the tender document about its 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.
3.3 Cost of Tendering
3.3.1 The tenderer shall bear all costs associated with the preparation and submission of its
tender and the procuring entity will in no case be liable for those costs, regardless of the
conduct or outcome of the tendering process.
3.3.2 The price to be charged for the tender document shall not exceed Kshs. 1,000.00.
3.3.3 The procuring entity shall allow the tenderer to view the tender document free of charge
before purchase.
3.4 Site Visit

3.4.1 The tenderer is advised to visit and examine the site and it’s surrounding and obtain for
itself on its own cost and responsibility all information that may be necessary for
preparing the tender and entering into a contract.
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3.4.2 The tenderer and any of its personnel or agent will be granted permission by the
procuring entity to enter upon premises and lands for the purpose of such inspection, but
only upon the express condition that the tenderer, its personnel or agents, will release and
indemnify the procuring entity from and against all liability in respect of and will be
responsible for personal injury (whether fatal or otherwise), loss of or damage to property
and any other loss, damage, costs and expenses however caused, which but for the
exercise of such permission, would not have arisen.
3.4.3 The procuring entity shall organize a site visit at a date to be notified. A representative of
the procuring entity will be available to meet the visiting tenderers at the site. The
representative will not be available at any other time for site inspection visits. Tenderers
must provide own transport.
B TENDER DOCUMENTS
3.5 Contents of Tender documents
3.5.1 The tender documents comprise the documents listed here below and should be read
together with any addenda issued in accordance with clause 7 of these instructions to
tenderers.
The tender documents consist of two parts:-
SECTION IV - “TECHNICAL PROPOSAL” consists of:-
(a) Instructions to bidders

(b) Request for Proposal
(c) Conditions of contract
(d) Appendix to conditions of Contract
(e) Specifications
(f) Drawings
(g) Standard Forms
(h) Evaluation Criteria
(i) Valid Bid Bond
SECTION V “FINANCIAL PROPOSAL” consists of:-
(a) Form of tender

(b) Contract Form
(c) Advance payment Bank Guarantee Form
(d) Preliminaries
(e) Bills of Quantities
(f) Day works
(g) Main summary page
(h) Annexures
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3.5.2 The tenderer is expected to examine carefully all instructions, conditions, forms, terms
specifications and drawings in the tender documents. Failure to comply with the
requirements for tender submission will be at the owner risk. Pursuant to clause 3.2.1 of
Instructions to tenderers, tenders which are not substantially responsive to requirements
of the tender documents will be rejected.
3.5.3 All recipients of documents for the proposed contract for the purpose of submitting a
tender (whether they submit a tender or not) shall treat the details of the documents as
“private and confidential”.
3.5.4 The procuring entity shall allow the tenderer to review the tender document free of
charge before purchase.
3.5.5 The price to be changed for the tender document shall not exceed Kshs.1,000/=
3.6 Inquiries by tenderers
3.6.1 A tenderer making an inquiry relating to the tender documents may notify the procuring
entity in writing by fax or email at the procuring entity’s mailing address indicated in the
invitation to tender. The procuring entity will respond in writing to any request for
clarification which is received earlier than 7 days prior to the deadline for the submission
of tenders. Written copies of the procuring entity’s response (including the inquiry but
without identifying the source of the entity) will be sent to all respective tenderers who
have purchased the tender documents. If a candidate sends an inquiry after the stated
days, the procuring entity shall have the option of responding to the inquiry and extension
of the date of submission of tenders or ignoring it.
3.6.2 The tender evaluation committee shall evaluate the tender within 30 days of the validity
period from the date of opening the tender.
3.6.3 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.
3.7 Amendment of Tender Documents
3.7.1 At any time prior to 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 tender documents by issuing Addenda.
3.7.2 Any Addendum will be notified in writing or by cable, telex or facsimile to all
prospective tenderers who have purchased the tender documents and will be biding upon
them.
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3.7.3 In order to allow prospective tenderers reasonable time in which to take the Addendum
into account in preparing their tenders, the employer may, at his discretion, extend the
deadline for the submission of tenders.
PREPARATION OF TENDERS
3.8 Language of Tender
3.8.1 The tender and all correspondence and documents relating to the tender exchanged
between the tenderer and the procuring entity shall be written in the English language.
Supporting documents are printed literature furnished by the tenderer with the tender may
be in another language provided they are accompanied by an appropriate translation of
pertinent passages in the above stated language. For the purpose of interpretation of the
tender, the English language shall prevail.
3.9. Documents Comprising the Tender

3.9.1 The Forms, drawings, Bills of Quantities and Schedules submitted with the tender
documents shall be used without exception (subject to extensions of the schedules in the
same format and to the provisions of clause 3.13.2 regarding the alternative forms of
tender security.
3.10 Tender Prices

3.10.1 All the insertions made by the tenderers in their Bills of Quantities or schedule of items
shall be made in INK and the tenderer shall clearly form the figures. The relevant space
in the Form of Tender shall be completed accordingly without interlineations or erasures
except those necessary to correct errors made by the tenderer in which case the erasures
and interlineations shall be initialled by the person or persons signing the tender.
3.10.2 A price or rate shall be inserted by the tenderer for every item in their Bills of Quantities
whether the quantities are stated or not items against which no rate or price is entered by
the tenderer will not be paid for by the procuring entity when executed and shall be
deemed covered by the rates for other items and prices in the Bills of Quantities.
The prices and unit rates in their Bills of Quantities are to be the full [all-inclusive] value
of the work described under the items, including all costs and expenses which may be
necessary and all general risks, liabilities and obligations set forth or implied in the
documents on which the tender is based. All duties and taxes and other levies payable by
the tenderer under the Contract or for any other cause prior to the deadline for the
submission of tenders, shall be included in the rates and prices and the total tender prices
submitted by the Tenderer.
Each price or unit rate inserted in the Bills of Quantities should be a realistic estimate for
completing the activity or activities described under that particular item and the tenderer
is advised against inserting a price or rate against any item contrary to this instructions.
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Every rate entered in their Bills of Quantities, whether or not such rate is associated with
quantity, shall form part of the Contract. The procuring entity shall have the right to call
for any item of work contained in their Bills of Quantities, and such items of work to be
paid for at the rate entered by the tenderer and it is the intention of the procuring entity to
take full advantage of unbalanced low rates.
3.10.3 Unless otherwise specified the tenderer must enter the amounts representing 10% of the
sub-total to the summary of their Bills of Quantities for Contingencies and Variation of
Prices [V.O.P] payments in the summary sheet and add them to the sub-total to arrive at
the tender amount.
3.10.4 The tenderer shall furnish with his tender written confirmation from his suppliers or
manufacturers of unit rates for the supply of items listed in the Conditions of Contract
where appropriate.
3.10.5 The rates and prices quoted by the tenderer are subject to adjustment during the
performance of the Contract only in accordance with the provisions of the Conditions of
Contract. The tenderer shall complete the schedule of basic rates and shall submit with
his tender such other supporting information as required of the Conditions of Contract.
3.10.6 Where quantity contract variation is allowed, the variation shall not exceed 20% of the
original contract price.
3.10.7 Price variation requests shall be processed by the procuring entity within 30 days of
receiving the request.
3.11 Currencies of Tender and Payment
3.11.1 Tenders shall be priced in Kenya Shillings and the tender sum shall be in Kenya
Shillings
3.11.2 Tenderers are required to indicate in the Statement of Foreign Currency Requirements,
which forms part of the tender, the foreign currency required by them. Such currency
should generally be the currency of the country of the tenderer’s main office. However,
if a substantial portion of the tenderer’s expenditure under the Contract is expected to be
in a currency other than his country of origin, then he may state a corresponding portion
of the contract price in the currency of those other countries. However, the foreign
currency element is to be limited to two (2) different currencies and a maximum of 30%
(thirty per cent) of the Contract Price.
3.11.3 The rate or rates of exchange used for pricing the tender shall be selling rate or rates of
the Central Bank ruling on the date thirty (30) days before the final date of for the
submission of tenders.
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3.11.4 Tenderers must enclose with their tenders, a brief justification of the foreign currency
requirements stated in their tenderers.
3.12 Tender Validity
3.12.1 The tender shall remain valid and open for acceptance for a period of One Hundred and
Fifty (150) days from the specified date of tender opening or from the extended date of
tender opening whichever is the later.
3.12.2 In exceptional circumstances prior to expiry of the original tender validity period, the
Employer may request the tenderer for a specified extension of the period of validity.
The request and the responses thereto shall be made in writing or by cable, telex or
facsimile. A tenderer may refuse the request without forfeiting his Tender Surety. A
tenderer agreeing to the request will not be required nor permitted to modify his tender,
but will be required to extend the validity of his Tender Surety correspondingly.
3.13 Tender Security
3.13.1 The tenderer shall furnish as part of his tender, a Tender security in the amount stated in
the Appendix to Instructions.
3.13.2 The Tender security shall be valid for at least thirty (30) days beyond the tender validity
period.
3.13.3 Any tender not accompanied by an acceptable Tender Security will be rejected by the
Employer as non-responsive.
3.13.4 The Tender Securities of unsuccessful tenderers will be returned as promptly as possible
as but not later than twenty-eight (28) days after concluding the Contract execution and
after a Performance Security has been furnished by the successful tenderer. The tender
security of the successful tenderer will be returned upon the tenderer executing the
Contract and furnishing the required Performance Security.
3.13.5 The Tender Security may be forfeited.
(a) if a tenderer withdraws the tender during the period of tender validity; or
(b) in the case of a successful tenderer, if it fails
(i) to sign the Agreement, or
(ii) to furnish the necessary Performance Security
(c) if a tenderer does not accept the correction of his tender price pursuant to clause 3.23.
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3.14 No Alternative Offers
3.14.1 The tenderer shall submit an offer which complies fully with the requirements of the
tender documents unless otherwise provided for in the appendix. Only one tender may be
submitted by each tenderer either by himself or as partner in a joint venture.
3.14.2 The tenderer shall not attach any conditions of his own to his tender. The tender price
must be based on the tender documents. The tenderer may present alternative
construction options and he shall use without exception specifications as provided, with
the amendments as notified in tender notices, if any, for the calculation of his tender
price.
3.14.3 Any tenderer who fails to comply with this clause will be disqualified.
3.15 Pre-Tender Meeting
3.15.1 If a pre-tender meeting is convened the tenderers’ designated representative is invited to

attend at the venue and time stated in the Invitation to Tender. The purpose of the
meeting will be to clarify issues and to answer questions on any matter that may be raised
at that state.
3.15.2 The tenderer is requested as far as possible to submit any questions in writing or by cable,
to reach the Employer not later than seven days before the meeting. It may not be
practicable at the meeting to answer questions received late, but questions and responses
will be transmitted in accordance with the following:
(a) Minutes of the meeting including the text of the questions raised and the
responses given together with any responses prepared after the meeting will be
transmitted without delay to all purchasers of the tender documents. Any
modification of the tender documents which may become necessary as a result of
the pre-tender meeting shall be made by the Employer exclusively through the
issue of a tender notice and not through the minutes of the pre-tender meeting.
(b) Non-attendance at the pre-tender meeting will not be cause for disqualification of
a bidder.
3.16 Format and Signing of Tender
3.16.1 The tenderer shall prepare his tender and mark appropriately one set “ORIGINAL “and
the other “COPY”.
3.16.2 The copy of the tender and Bills of Quantities 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
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tenderer. All pages of the tender where amendments have been made shall be initialled by
the person or persons signing the tender.
3.16.3 The complete tender shall be without alterations, interlineations or erasures, except as
necessary to correct errors made by the tender, in which case such corrections shall be
initialled by the person of persons signing the tender.
SUBMISSION OF TENDERS
3.17 Submission of Tenders
3.17 Sealing and Marking of Tenders
3.17.1 The tenderer shall seal the TECHNICAL PROPOSAL AND FINANCIAL PROPOSAL
of the tender in separate envelopes duly marked technical proposal and financial
proposal. The envelope shall then be sealed in an outer envelope.
3.17.2 The inner and outer envelopes shall be addressed to the procuring entity at the address
stated in the Appendix to Instructions to Tenderers and bear the name and identification
of the Contract stated in the said Appendix with a warning not to open before the date
and time for opening of tenders stated in the said Appendix.
3.17.3 The inner envelopes shall each indicate the name and address of the tenderer to enable
the tender to be returned unopened in case it is declared “late”, while the outer envelope
shall bear no mark indicating the identity of the tenderer.
3.17.4 If the outer envelope is not sealed and marked as instructed above, the Employer will
assume no responsibility for the misplacement or premature opening of the tender. A
tender opened prematurely for this cause will be rejected by the procuring entity and
return to the tenderer.
3.18 Deadline for Submission of Tenders
3.18.1 Tenderers must be received by the procuring entity at the address specified and on the
date and time specified in the invitation the tender.
3.18.2 Tenderers delivered by hand must be place in the “tender box” provided in the office of
the Employer.
3.18.3 Proof of posting will not be accepted as proof of delivery and any tender delivered after
the above stipulated time, from whatever cause arising will not be considered.
3.18.4 Bulky tenders which cannot be placed in the tender box will be received by the procuring
entity as indicated in the Appendix to instructions to tenders.
24
3.18.5 The procuring entity may at its discretion, extend the deadline for the submission of
tenders through the issue of an Addendum in accordance with clause 7, in which case all
rights and obligations of the Employer and the tenderers previously subject to the original
deadline shall thereafter be subjected to the new deadline as extended.
3.18.6 Any tender received by the procuring entity after the prescribed deadline for submission
of tenders will be returned unopened to the tenderer.
3.19 Modification and Withdrawal of Tenders
3.19.1 The tenderer may modify or withdraw his tender after tender submission, provided that
written notice of the modification or withdrawal is received by the Employer prior to the
prescribed deadline for submission of tenders.
3.19.5 The tenderer’s modification or withdrawal notice shall be prepared, sealed, marked and
dispatched in accordance with the provisions for the submission of tenders, with the inner
and outer envelopes additionally marked “MODIFICATION” or “WITHDRAWAL” as
appropriate.
3.19.6 No tender may be modified subsequent to the deadline for submission of tenders
3.19.7 No tender may be withdrawn in the interval between the deadline for submission of
tenders and the period of tender validity specified on the tender form. Withdrawal of a
tender during this interval will result in the forfeiture of the Tender Surety.
3.19.8 Subsequent to the expiration of the period of tender validity prescribed by the Employer,
and the tenderer having not been notified by the Employer of the award of the Contract or
the tenderer does not intend to conform with the request of the Employer to extend the
period of tender validity, the tenderer may withdraw his tender without risk of forfeiture
of the Tender Surety.
TENDER OPENING AND EVALUATION
3.20 Tender Opening
3.20.1 The Employer will open the tenders in the presence of the tenderers’ representatives who
choose to attend at the time and location indicated in the Invitation to Tender. The
tenderers’ representatives who are present shall sign a register evidencing their
attendance.
3.20.5 Tenders for which an acceptable notice of withdrawal has been submitted, pursuant to
clause 3.19 will not be opened. The Employer will examine the tenders to determine
whether they are complete, whether the requisite Tender Securities have been furnished,
25
whether the documents have been properly signed and whether the tenders are generally
in order.
3.20.6 At the tender opening, the Employer will announce the tenderer’s names and tender
withdrawals, if any, the presence of the requisite Tender Security and such other details
as the Employer, at his discretion, may consider appropriate. No tender shall be rejected
at the tender opening except for late tenders.
3.20.7 The Employer shall prepare minutes of the tender opening including the information
disclosed to those presence
3.20.8 Tenders not opened and read out at tender opening shall not be considered further for
evaluation, irrespective of the circumstances. Any tender recited after the deadline for
submission of tender shall be returned to the tender unopened.
3.21 Process to be Confidential
3.21.1 After the public opening of tenders, information relating to the examination, clarification,
evaluation and comparisons of tenders and recommendations concerning the award of
Contract shall not be disclosed to tenders or other persons not officially concerned with
such process until the award of Contract is announced.
3.21.5 Any effort by a tenderer to influence the Employer in the process of examination,
evaluation and comparison of tenders and decisions concerning award of Contract may
result in the rejection of the tenderer’s tender.
3.22 Clarification Tenders
3.22.1 To assist in the examination, evaluation and comparison of tenders, the Employer may ask
tenderers individually for clarification of their tenders, including breakdown of unit
prices. The request for clarification and the response shall be in writing or by cable,
facsimile or telex, but no change in the price or substance of the tender shall be sought,
offered or permitted.
3.22.5 No Tender shall contact the Employer on any matter relating to his tender from the time
of the tender opening to the time the Contract is awarded. The tenderer wishes to bring
additional information to the notice of the Employer, he shall do so in writing.
3.23 Determination of Responsiveness
3.23.1 Prior to the detailed evaluation of tenders, the Employer will determine whether each
tender is substantially responsive to the requirements of the tender documents.
3.23.5 For the purpose of this clause, a substantially responsive tender is one which conforms to
all the terms, conditions and specification of the tender documents without material
deviation or reservation. A material deviation or reservation is one which affects in any
26
substantial way the scope, qualify, completion timing or administration of the Works to
be undertaken by the tenderer under the Contract, or which limits in any substantial way
inconsistent with the tender documents, the Employer’s rights or the tenderers obligations
under the Contract and the rectification of which would affect unfairly the competitive
position of other tenderers who have presented substantially responsive tenders.
3.23.6 Each price or unit rate inserted in their Bills of Quantities shall be a realistic estimate of
the cost of completing the works described under the particular item including allowance
for overheads, profits and the like. Should a tender be seriously unbalanced in relation to
the Employer’s estimate of the works to be performed under any item or groups of items,
the tender shall be deemed not responsive.
3.23.7 A tender determined to be not substantially responsive will be rejected by the Employer
and may not subsequently be made responsive by the tenderer by correction of the non-
conforming deviation or reservation
3.24 Correction of Errors
Tenders determined to be substantially responsive shall be checked by the Employer for

any arithmetic errors in the computations and summations. Errors will be corrected by
the Employer as follows:
(a) Where there is a discrepancy between the amount in figures and the amount in
words, the amount in words will govern.
(b) Where there is a discrepancy between the unit rate and the line item total resulting
from multiplying the unit rate by the quantity, the unit rate as quoted will prevail,
unless in the opinion of the Employer, there is an obvious typographical error, in
which case adjustment will be made to the entry containing that error.
(c) The amount stated in the tender will be adjusted in accordance with the above
procedure for the correction of errors and, with concurrence of the tenderer, shall
be considered as binding upon the tenderer. If the tenderer does not accept the
corrected amount, the tender may be rejected and the Tender Security may be
forfeited in accordance with clause 3.13.
3.25 Conversion to Single Currency
3.25.1 For comparison of tenders, the tender price shall first be broken down into the
respective amounts payable in various currencies by using the selling rate or rates of the
Central Bank of Kenya ruling on the date twenty one (21) days before the final date for
the submission of tenders.
3.25.2 The Employer will convert the amounts in various currencies in which the tender is
payable (excluding provisional sums but including Day works where priced
competitively) to Kenya Shillings at the selling rates stated in clause 3.25.1
27
3.26 Evaluation and Comparison of Tenders
3.26.1 The Employer will evaluate only tenders determined to be substantially responsive to
the requirements of the tender documents in accordance with clause 3.23
3.26.2 In evaluating tenders, the Employer will determine for each tender the evaluated tender
price by adjusting the tender price as follows
(a) Making any correction for errors pursuant to clause 3.24
(b) Excluding Provisional Sums and provision, if any, for Contingencies in their
Bills of Quantities, but including Day works where priced competitively.
3.26.3 The Employer reserves the right to accept any variation, deviation or alternative offer.
Variations, deviations, alternative offers and other factors which are in excess of the
requirements of the tender documents or otherwise result in the accrual of unsolicited
benefits to the Employer, shall not be taken into account in tender evaluation.
3.26.4 Price adjustment provisions in the Conditions of Contract applied over the period of
execution of the Contract shall not be taken into account in tender evaluation.
3.26.5 If the lowest evaluated tender is seriously unbalanced or front loaded in relation to the
Employer’s estimate of the items of work to be performed under the Contract, the
Employer may require the tenderer to produce detailed price analyses for any or all
items of their Bills of Quantities, to demonstrate the relationship between those prices,
proposed construction methods and schedules. After evaluation of the price analyses,
the Employer may require that the amount of the Performance Security set forth in
clause 3.29 be increased at the expense of the successful tenderer to a level sufficient to
protect the Employer against financial loss in the event of subsequent default of the
successful tenderer under the Contract.
3.26.6 Firms incorporated in Kenya where indigenous Kenya’s own 51% or more of the share
capital shall be allowed a 20% preferential bias provided that they do not sub-contract
work valued at more than 50% of the Contract Price excluding Provisional Sums to a
non-indigenous sub-contract. To qualify for the preference the candidate shall provide
evidence of eligibility by:
a) Proving Kenyan citizenship by production of a Kenyan Identity Card; or
b) Providing proof of being a “citizen contractor” in terms of section 3(1) of the Act,
i.e. being a natural person or an incorporated company wholly owned and
controlled by persons who are citizens of Kenya.
3.26.7 The tender evaluation committee shall evaluate the tender within 30 days of the validity
period from the date of opening the tender.
28
3.26.8 The procuring entity may at any time terminate procurement proceedings before award
and shall not be liable to any person for the termination.
3.26.9 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.
3.26.10 Persons not officially involved in the evaluation of tender shall not attempt in any way
to influence the evaluation.
3.26.11 Any person who has a conflict of interest with respect to the procurement shall not
participate in the procurement proceedings.
AWARD OF CONTRACT
3.27 Award
3.27.1 Subject to clause 3.27.2 the Employer will award the Contract to the tenderer whose
tender is determined to be substantially responsive to the tender documents and who has
offered the highest score as determined by the procuring entity in accordance with
clause 86(1) b of the PPOA act of 2015, subject to possessing the capability and
resources to effectively carry out the Contract Works.
3.27.2 The Employer reserves the right to accept or reject any tender, and to annual the
tendering process and reject all tenders, at any time prior to award of Contract, without
thereby incurring any liability to the affected tenderers and give reasons for the
termination.
3.28 Notification of Award and Signing of the Contract
3.28.1 Prior to the expiration of the period of tender validity prescribed by the Employer, the
Employer will notify the successful tenderer by cable, tealeaf or telex and confirmed in
writing by registered letter that his tender has been accepted. This letter (hereinafter
and in all Contract documents called “Letter of Acceptance”) shall name the sum
(hereinafter and in all Contract documents called” the Contract Price”) which the
Employer will pay to the Contractor in consideration of the execution and completion of
the Works as prescribed by the Contract.
3.28.2 Notification of award will constitute the formation of the Contract subject to the parties
signing the contract.
3.28.3 Upon the furnishing of a Performance Security by the successful tenderer, the
unsuccessful tenderers will promptly be notified that their tenders have been
unsuccessful.
29
3.28.4 Within twenty eight (28) days of receipt of the contract form from the Employer the
successful tenderer shall sign the form and return it to the employer together with the
required Performance Security.
3.28.5 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.
3.29 Performance Guarantee
3.29.1 Within Twenty eight (28) days of receipt of the notification of award from the
Employer, the successful tenderer shall furnish the employer with a Performance
Security in an amount stated in the Appendix to Instructions to Tenderers.
3.29.2 The Performance Security to be provided by the successful tenderer shall be an

unconditional Bank Guarantee issued at the tenderer’s option by an established and a
reputable Bank approved by the Employer and located in the Republic of Kenya.
3.30 Advance Payment
An advance payment if approved by the employer shall be made under the contract in
accordance with the conditions of contract.
3.31 Corrupt or fraudulent practices
The procuring entity requires that tenderers observe the highest standard of ethics during
the procurement process and execution of contract. A tenderer shall sign a declaration
that he has not and will not be involved in corrupt and fraudulent practices.
3.32 Adjudicator
The Procuring Entity proposes the person named in the Tender Data Sheet to be appointed as
Adjudicator under the Contract, at an hourly fee specified in the Tender Data Sheet, plus
reimbursable expenses. 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.
3.33 Right to Review
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 Assets Disposal Act, 2015 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:
30
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 129,134,135& 139 of the Public

Procurement and Assets Disposal Act,2015;
d) Where an appeal is frivolous.
3.34 Time Limit on Review
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.
3.35 Submission of Applications for Review by the Public Procurement Administrative

Review Board
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 Director-General 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.
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3.36 Decision by the Public Procurement Administrative Review Board
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.
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.
3.37 Appeal on the decision of the Review Board
Any party to the review aggrieved by the decision of the Review Board may appeal to the
High Court within fourteen (14) days from the date of the review Boards decision, and the
decision of the High Court shall be final.
32
APPENDIX TO INSTRUCTIONS TO TENDERERS
Instructions to Tenderers Particulars of appendix to instructions to tenderers

Reference
GENERAL
Clause 3.2.2 Substitute the words “lead contractor” with “managing

partner”
Foreign firms are required to partner with local firms with a
shareholding of not less than 20% of local firms.
Alternatively the Bidder may sublet 20% of the works to
local contractors
PREPARATION OF TENDERS
Clause 3.10.2 The bidder should include 16% V.A.T. in his rates and not
in the MAIN SUMMARY PAGE.
Clause 3.10.4 The schedule of basic rates used in pricing by the Contractor
is as attached [Contractor to attach)
Clause 3.10.6 Quantity contract variation shall not exceed: 20% of the
original contract price.
Clause 3.11.2 The foreign currency element is to be limited to: Not

applicable. (All Payments shall be in Kenya Shillings)
Clause 3.12.1 The bid validity period shall be: 150 calendar days.
Clause 3.13.1 A Bid Security shall be required. The amount and currency
of the bid security shall be: Ksh. 10,000,000
Clause 3.14.2 The tenderer may present alternative construction options to

those provided in the specifications which shall non-the less
be approved by the Project Manager.
A Mandatory Pre-Bid meeting shall take place at the
Clause 3.15.1 following date, time and place:
Date: ……1ST March 2019
Time: 10.00 a.m.
33
Place: KICC 4th Floor Boardroom, Nairobi.
Non-attendance of the pre-tender meeting shall be a cause for
disqualification of the bidder.
Clause 3.16.1 In addition to the original bid, the number of copies is:
One(1) copy.
SUBMISSION OF TENDERS
The deadline for bid submission is:
Clause 3.18.1 Date: …11th March 2019
Time: 10.00 am……………………..
Attention:
Chief Executive Officer (CEO), Kenya International
Convention Centre (KICC)
Address: P.O. Box 30746-00100 Nairobi
Floor/Room number:…4th… Floor
City: NAIROBI
Country: KENYA
All bidders must submit hardcopies of their bids and
additionally submit their bids electronically.
TENDER OPENING AND EVALUATION
Clause 3.20 Tender opening will be done in two stages viz: Technical
Proposal and Financial Proposal.
Clause 3.20.3 At the Technical Proposal tender opening, the Employer will
announce the tenderer’s names, tender withdrawals, if any,
the presence of the requisite Tender Security and such other
details as the Employer, at his discretion, may consider
appropriate.
Financial Proposal tender opening will be done after
Technical Evaluation and only bids that pass the
Technical Evaluation will be opened. Financial Proposal
for unsuccessful bids will be returned unopened to their
respective bidders
At the Financial Proposal tender opening the Employer will
announce the tenderer’s names, total tender price, tender
price modifications and tender withdrawals, if any, and such
other details as the Employer, at his discretion, may consider
appropriate.
34
Clause 3.24 a) In the event of a discrepancy between the tender amount
as stated in the Form of Tender and the corrected tender
figure in the main summary of the Bill of Quantities, the
amount as stated in the Form of Tender shall prevail.
b) The Error Correction Factor shall be computed by
expressing the difference between the tender amount and
the corrected tender sum as a percentage of the corrected
Builder’s Work (i.e. Corrected tender sum less
Provisional Sums)
c) The Error Correction Factor shall be applied to all
Builder’s Work (as a rebate or addition as the case may
be) for the purposes of valuations for Interim Certificates
and valuation of variations.
35
TENDER EVALUATION CRITERIA
GENERAL
After submission of tenders, the TECHNICAL PROPOSAL will be opened and evaluated in 2
stages, namely:
1. Determination of Responsiveness.
2. Detailed Technical Examination.
STAGE 1- DETERMINATION OF RESPONSIVENESS

PRELIMINARY EXAMINATION
This stage of evaluation shall involve examination of the pre-qualification conditions as set out
in the Tender Advertisement Notice or Letter of Invitation to Tender and any other conditions
stated in the bid document.
These conditions shall include, among other things, the following:
1) Certificate of Registration/Incorporation in the Country of origin
2) Valid Tax Compliance Certificate in the Country of origin
3) Certificate of Confirmation of Directors and Shareholding for Limited company (where

applicable).
4) Dully filled, signed and stamped Joint Venture Agreement with 20% local shareholding
(where applicable).
5) Certificate of Registration with National Construction Authority in category NCA 1 for local
contractors or equivalent category for foreign contractors in their Country of origin.
6) Class of Licenses with the relevant statutory bodies e.g. Energy Regulatory Commission,
Local Authorities, and Water Management Boards etc. for local contractors or equivalent for
foreign contractors in their Country of origin Proof of payment for tender document.
7) Provision of Valid Bid Security.
8) Dully filled, signed and stamped/sealed Confidential Business Questionnaire (S33).
9) Completeness of Technical Proposal
10) Compliance with clients works specifications requirements in terms of submitted drawings,
specifications, Bills of Quantities and all tender documents (see table 1 below on
assessment of compliance - page 37).
The tenderers who do not satisfy any of the above requirements shall be considered Non-
Responsive and their tenders will not be evaluated further.
36
STAGE 2 - DETAILED TECHNICAL EXAMINATION
Detailed technical evaluation will be evaluated in 2 stages, namely:

1. Evaluation of compliance with works specifications. The tenderers who do not comply
with works specifications shall be considered Non-Responsive and their tenders will not
be evaluated further.
2. Evaluation of Bidder.
Evaluation of Bidder’s Consultants.
Combination of Bidder’s and Bidder’s Consultants scores
COMPLIANCE WITH WORKS SPECIFICATIONS
In this section, the bids will be analysed to determine compliance with:-

a. Drawings/Specifications (up to scheme design stage)
1. Provision of Architectural, Structural, Electrical, Mechanical and Civil Works drawings.

2. General and Particular technical specifications for the works as indicated in the tender
document or any other acceptable proposals.
The tenderer shall also submit relevant technical brochures/catalogues with the tender document,
highlighting the catalogue Numbers of the proposed items. Such brochures/catalogues should
indicate comprehensive relevant data of the proposed equipment/items which should include but
not limited to the following:
a) Standards of manufacture;
b) Performance ratings/characteristics;
c) Material of manufacture;
d) Electrical power ratings; and
e) Any other necessary requirements (Specify).
b. Works Programme
c. Method Statement
d. Mobilization Schedule
e. Construction Schedule
f. Detailed method of Technology Transfer
TABLE 1: Assessment of Compliance
37
Item The following will be assessed for compliance : Compliant Not
Compliant
1 Drawings/Specifications
2 Works Programme
3 Method statement
4 Mobilization Schedule
5 Construction Schedule
6 Detailed method of Technology Transfer
COMMENT
Any bidder who is NOT COMPLIANT in the above table shall be considered NON
RESPONSIVE and shall not be evaluated further.
TECHNICAL EVALUATION OF BIDDER

The award of points for the STANDARD FORMS considered in this section shall be as
shown below
Parameter Maximum Points

(i) Contract Completion period .......................................................................................... 7
(ii) Key personnel ............................................................................................................. 16
(iii) Contracts Completed in the last Five (5) years ............................................................ 15
(iv) Schedules of on-going projects ..................................................................................... 5
(v) Schedules of contractors equipment ............................................................................ 15
(vi) Audited Financial Report for the last 5 years............................................................... 10
(vii) Evidence of Financial Resources ................................................................................ 10
(viii) Name, Address and Telephone of Banks (Contractor to provide) .................................. 2
(ix) Litigation History ......................................................................................................... 2
(x) Submission of Dully Signed Designs and Specifications
(By registered consultants)............................................................................................ 8
(xi) Work Methodology....................................................................................................... 6
(xii) Statement of Compliance .............................................................................................. 2
(xiii) Tender Questionnaire .................................................................................................... 2
TOTAL ............................................................. 100
The detailed scoring plan shall be as shown in table 2 below:-
TABLE 2
38
Item Description Point Max. Point
Scored
i Contract Completion period (As per Works Program) 7
0 to 30 Weeks ---------------------------------------------------- 7
31 to 35 Weeks ---------------------------------------------------- 5
35 to 40 Weeks ---------------------------------------------------- 3
>40 Weeks ----------------------------------------------------------- 1
ii Key Personnel (Attach evidence) 16
Director of the firm
o Holder of degree or diploma in relevant technical field----3
o Holder of certificate in relevant technical field--------------2
Construction manager/ Project manager
At least degree holder
o With over 20 years relevant experience ---------------5
o With 15-20 years relevant experience ---------------- 3
o Under 10 years relevant experience ------------------- 0
Resident Construction Managers/Site Agent (2 No.)
At least degree holder
Senior Construction Engineer(Structural/Civil)

At least diploma holder
o With over 10 years relevant experience -------------2
Assistant Construction Engineer
At least certificateholder
o With 5-10years relevant experience ---------------- 1
iii Contracts completed in the last five (5) years (Max of 3 No. Projects) 15
o Project of similar nature, complexity and magnitude -------15
o Project of similar nature but of lower value than -------------10
o No completed project of similar nature ----------------------- 0
39
Scored
iv On-going projects (Max of 2 No. Projects) 5
o Project of similar nature, complexity and magnitude ------ 5
o Project of similar nature but of lower value than the one in consideration --3
o No ongoing project of similar nature -------------------------0
v Schedule of contractors transport (proof or evidence of ownership/ hire) 6 15
o Means of transport (All or more) ----------------------------------6
o Means of transport (Some) -----------------------------------------4
o No means of transport ----------------------------------------------- 0
Schedule of contractors equipment (proof or evidence of ownership/hire) 9

o Equipment (All or more) ----------------------------------9
o Equipment (Some) -----------------------------------------5
o No Equipment ---------------------------------------------- 0
vi Financial report 10
Audited financial report (last three (3) years)
o Turn over greater or equal to 2 times the cost of the project-10
o Turn over greater or equal to the cost of the project ---- 5
o Turn over below the cost of the project ------------------ 1
vii Evidence of Financial Resources (cash in hand, lines of credit, over draft 10
facility etc.)
o Has financial resources equal to 35% of the cost of the project-- 10
o Has financial resources between 20% -35 % of the cost of the project ----5
o Has not indicated sources of financial resources -------------0
viii Name, Address and Telephone of Banks (Contractor to provide) 2

o Provided ------------------------------------------------------------------ 2
o Not provided ------------------------------------------------------------- 0
ix Litigation History 2
o Filled ----------------------------------------------------------------------2
o Not filled -----------------------------------------------------------------0
x Submission of Duly Signed and Approved(by registered consultants)Designs 8
& Specifications as per Client’s Specifications
Completely Approved & Signed Designs & Specifications--------------8
40
Scored
Partially Approved(by registered consultants)& Signed Designs &
Specifications ------------------------------------------------------------------------4
Not Completed ------------------------------------------------------------------0
xi Work Methodology 6
Brief Work Methodology & Works Program Schedule ------------------ 6
Not Submitted ------------------------------------------------------------------0
xii Statement of Compliance 2
Signed and stamped -------------------------------------------------- 3
Signed but not stamped or vice versa ------------------------------ 2
Not signed nor stamped ---------------------------------------------- 0
xiii Tender Questionnaire Form 2
Completely filled ----------------------------------------------------- 2
Partially filled ---------------------------------------------------------1
Not filled ---------------------------------------------------------------0
TOTAL
TOTAL BIDDERS TECHNICAL SCORE AWARDED =

(Bidders score/100) x 50points
Notes on transport and equipment

The Bidder must demonstrate that it will have access (by ownership/hire) to the key
Contractor’s transport and equipment listed hereafter:
No. Transport Type and Characteristics Minimum Number required
1 Low Loader (12HP and above) 2
3 Truck crane (25 tonne) 2
4 Pick up (2 tonne) 2
5 Tipper (10 tonne) 10
41
No. Equipment Type and Characteristics Minimum Number required
1 Grader (120HP) 2
Excavator 2
2 Vibratory Roller (8 tonne) 2
3 Tandem Roller (10 tonne) 2
4 Backhoe (1.2m3) 2
5 Diesel Generator (200kVA) 2
6 Water Bowser (7,500 litre) 2
7 Batching plant 1
7 Tower Crane 2
8 Dozer (D6 and above) 2
9 Wheel Loader (12HP and above) 2
10 Concrete pump 1
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TECHNICAL EVALUATION OF BIDDER’S CONSULTANTS
Specific Experience of Lead Consultant Relating to Assignment (40 points)
 THE BIDDER SHOULD INDICATE WHOM THEIR LEAD CONSULTANT IS

FOR PURPOSE OF THIS EVALUATION.
Qualification criteria Maximum

 Attach commissioning/award letters and completion certificates for the Score
project(s)
Experience in works of similar nature and Complexity (As per evidence 20 points
provided)
1. Pre-fabricated Construction (4 points)
2 .Other projects (2 points)
3. Works without evidence (0 points)
Project 1
Project 2
Project 3
Project 4
Project 5
Experience in works of similar Magnitude (Value) in the last 5 years. 20 points

 1.5 billion and above (4 point)
 1.0-1.5 billion ( 3 Point)
 0.5 -1.0 billion ( 2 Point)
 Less than 0.5 billion ( 1 Point)
Project 1
Project 2
Project 3
Project 4
Project 5
Total score 40 points
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Qualifications and competence of the key staff for the assignment (60 points)
Qualification criteria Maximum Score Criteria No. of Staff Max Points to

Score Score
Number of proposed 25 Project Manager 1 4
Professional staff to be
Architect 3 6
involved in the project
(each Consultant scored 2 4
once for the highest no. of 1 3
staff) 0 0
Quantity 3 3
Surveyor 2 2
1 1
0 0
Structural/Civil 3 3
Engineer 2 2
1 1
0 0
Electrical 3 3
Engineer 2 2
1 1
Mechanical 3 3
Engineer 2 2
1 1
Landscape 1 1
Architect
Interior Designer 1 1
Land Surveyor 1 1
Years of
Experience
Years of Experience 35 Architect >10 9
proposed Professional 5-10 6
Staff (in) 2-4 4
1 2
Quantity >10 6
Surveyor 5-10 4
2-4 2
1 1
Structural/ Civil >10 6
Engineer 5-10 4
2-4 2
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Qualification criteria Maximum Score Criteria No. of Staff Max Points to
Score Score
1 1
Electrical >10 4
Engineer 5-10 2
1-4 1
Mechanical >10 4
Engineer 5-10 2
1-4 1
Landscape >3 2
Architect 1-3 1
Interior Designer >3 2
1-3 1
Land Surveyor >3 2
1-3 1
Total Score 60 35
SUMMARY OF TECHNICAL EVALUATION OF BIDDER’S CONSULTANTS SCORES

Criteria Points
i Specific experience of the Consortia related to the assignment 40
iii. Qualifications and competence of the key staff for the assignment 60
TOTAL 100
TOTAL BIDDERS CONSULTANTS TECHNICAL SCORE
AWARDED = (Bidders score/100) x 20 points
COMBINATION OF BIDDER’S AND BIDDERS CONSULTANTS SCORES
The scores for contractor and contractor’s consultants scores will be combined and any
bidder who scores 50 points and above out of 70 points shall be considered for further
evaluation
STAGE 3 - FINANCIAL EVALUATION
The FINANCIAL PROPOSAL for bidders who score 50 points and above will be opened and
evaluated in 3 stages, namely:-
1. Preliminary examinations and

2. Tender sum Comparisons
3. Financial Score
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A) PRELIMINARY EXAMINATIONS
The preliminary examination in the Financial Evaluation shall be in accordance with clause 26 of
Instruction to Tenderers.
The parameter to be considered under this section includes the following:

a) Arithmetic errors and comparison of rates
(1) Arithmetic Errors
The bid shall be checked for arithmetic errors based on the rates and the total sums indicated
in the bills of quantities.
a) Confirmation shall be sought in writing from the tenderers whose tender sums will be
determined to have a significant arithmetic error to their disadvantage, to confirm
whether they stand by their tender sums.
Non-compliance with the above shall lead to automatic disqualification from further
evaluation.
(2) Comparison of rates

The evaluation committee will compare rates from different bidders and note consistency of rates
and front loading. The evaluation committee will judge and make an appropriate decision giving
evidence.
(3) Financial Score

The financial score (Fs) will be determined by comparing tender sums from all responsive
bidders using the formulae below. The financial score will be allocated a maximum of 30%.
Fs = 30 x Fm/F
Where Fs is the financial score, Fm is the lowest priced responsive financial bid and F is the
price of the bid under consideration
STAGE 4 - FINAL SCORE

The total score will be combined sums of Technical, Tender Sums Comparison and Financial
marks as below:
Technical (Ts) +Financial (Fs)

= Ts+Fs
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STAGE 5 - POST-QUALIFICATION
An evaluation committee may, after tender evaluation, but prior to the award of the tender,
conduct due diligence and present the report in writing to confirm and verify the qualifications of
the tenderer who submitted the lowest evaluated responsive tender to be awarded the contract in
accordance with this Act.
The conduct of due diligence may include obtaining confidential references from persons with
whom the tenderer has had prior engagement.
RECOMMENDATION
The responsive bidder who has the highest score may be recommended for award.
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SECTION IV - TECHNICAL PROPOSAL
Table of Contents
4.1 REQUEST FOR PROPOSAL ..................................................................
4.2 CONDITIONS OF CONTRACT .............................................................
4.3 APPENDIX TO SPECIFICATION..........................................................
4.4 DRAWINGS ...........................................................................................
4.5 STANDARD FORMS .............................................................................
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4.1 REQUEST FOR PROPOSAL
TABLE OF CONTENTS
PAGE
1.00 – DEFINITIONS ............................................................................................................... 53
2.00 – PROPOSALS ................................................................................................................. 53
2.01 – Duty to carefully Examine these instructions .................................................................. 53
2.02 – Necessity for Careful Examination of site, plans, specifications ...................................... 53
2.03 – Clarification During Tendering ....................................................................................... 54
2.04 – Proposal Documents ....................................................................................................... 54
2.05 – Competitive Tendering ................................................................................................... 55
– DESIGN REQUIREMENTS .................................................................................................. 55
3.01 – Scope of Work................................................................................................................ 55
3.02 – Intent of the Contract Documents ................................................................................... 56
3.03 – Laws and Codes ............................................................................................................. 56
3.04 – Drawings and Specifications ........................................................................................... 58
3.05 – Approvals Prior to Construction ..................................................................................... 58
3.06 – Submittals ...................................................................................................................... 59
3.07 – Divisions of the Performance Specifications ................................................................... 59
3.08 – Layout of the Work ........................................................................................................ 59
– CONDUCT OF THE CONSTRUCTION WORK ................................................................. 59
4.01 – Laws to be observed – Generally .................................................................................... 59
4.02 – Laws to be observed – Regarding Labour ....................................................................... 59
4.03 – Environmental Requirements .......................................................................................... 62
4.04 – Substitution of Subcontractors ........................................................................................ 63
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4.05 – Design Builder’s Responsibility for the Work ................................................................. 63
4.06 – Occupancy by Employer Prior to Acceptance ................................................................. 67
4.07 – Responsibility to Secure and Pay for Permits, Licenses, Utility Connections etc ............. 68
4.08 – Patented or Copyrighted Materials .................................................................................. 68
4.09 – Property Rights in Materials and Equipment ................................................................... 68
4.10 – Taxes .............................................................................................................................. 69
4.11 – Contract Time................................................................................................................. 69
4.12 – Labour Force and Foreman ............................................................................................. 69
4.13 – Limitation of Construction Operations ............................................................................ 70
4.14 – Drawings Reflecting Actual Construction ....................................................................... 70
4.15 – Access for Inspection...................................................................................................... 71
4.16 – Clean-up of Project and Site ........................................................................................... 71
4.17 – Project Sign, Advertising ................................................................................................ 72
INTERPRETATION OF AND ADHERENCE TO CONTRACT REQUIREMENT ................. 72
5.01 – Interpretation of Contract Requirements ......................................................................... 72
5.02 – Issuance of Interpretations, Clarifications, Additional Instructions .................................. 73
5.03 – Product and Reference Standards .................................................................................... 74
5.04 – Shop Drawings, Samples, Alternatives or Equals, Substitutions ...................................... 75
5.05 – Quality of Materials, Articles and Equipment…………….. ............................................ 77
5.06 – Testing Materials, Articles, Equipment and Work………… ........................................... 77
5.07 – Rejection ........................................................................................................................ 78
5.08 – Responsibility of Quality ................................................................................................ 79
5.09 – Guarantee ....................................................................................................................... 79
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REQUEST FOR PROPOSAL AND DESIGN/BUILD CONTRACT REQUIREMENTS
1.0 DEFINITIONS
Design Builder: The individual or business entity that has entered into this Contract with
Employer.
Proposal: The Technical and Financial Proposal packages submitted by the Proposers on the
bid date.
Candidate: Any person or business entity acting directly or through an authorized

representative who submits a Proposal for the work. “Candidate”, Bidder” and Tenderer are
synonymous.
Request For Proposal (RFP): The documents submitted by the Employer to the “Candidates”
describing and specifying the requirements of the work/project.
Supplier or Vendor: Any individual or business entity that contracts with the Design Builder to
provide materials or equipment.
2.0 PROPOSALS
2.01 Duty to carefully examine these instructions
Prospective Candidates for this project shall examine carefully the instructions contained herein
and be satisfied with the conditions that must be satisfied prior to submitting a proposal and to the
conditions that affect the award of the contract.
2.02 Necessity for Careful Examination of Site, Plans, Specifications
The Candidate shall carefully examine the project site and shall investigate and be satisfied as to
the conditions to be encountered, the character and quantity of surface and subsurface materials or
obstacles to be encountered, rights of way and easements at or near the site, the work to be
performed, and the materials to be furnished as required by the RFP.
Any failure by the Candidate to acquaint itself with information that is available or with reasonable
investigations that may be available will not relieve it from responsibility to properly estimate the
difficulty or cost to perform the work. Such examination does not require independent
underground soil borings unless required elsewhere.
a. Subsurface Investigations
Where the Employer has made investigations of subsurface conditions and has made that
information available to Candidates, such information is limited in scope to that which has
been actually encountered in the investigations, and is included only for the convenience of
the Candidate.
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The Employer assumes no responsibility whatsoever with respect to the sufficiency or
accuracy of borings or of the log of test borings, or other preliminary investigations, or any
interpretation of the above. There is no guarantee or warranty, either expressed or implied,
that the conditions indicated are representative of those existing throughout the site, or any
part of it, or that unforeseen conditions or developments may not occur.
Making such information available to Candidates is not to be construed in any way as a

waiver of this provision. Candidates must satisfy themselves through their own
investigations as to the actual conditions to be encountered.
b. Differing Site Condition
During the progress of the works, if a subsurface or latent condition is encountered at the
site that is substantially different from those indicated in the RFP or made available for
examination, a differing site condition may exist. The Design-Builder shall immediately
notify the Project Manager in writing of the differing site condition.
The Project Manager shall investigate the assertion of a differing site condition by
collecting the facts and applying the facts to the appropriate provisions of the contract
documents.
If the Project Manager in the exercise of reasonable discretion determines that a differing
site condition exists and that the differing site condition directly results in extra work, the
Design-Builder shall be entitled to a variation order, which shall compensate the Design-
Builder for the extra work.
2.03 Clarification during Tendering
The Candidate shall examine the RFP documents in preparing the tender and shall report to
the Project Manager any omissions, discrepancies, or apparent errors found in RFP. Prior
to the date of tender opening, the Candidate shall submit a written request for clarification
to the Project Manager who may give such clarification in the form of addenda to all
Candidates.
Only the project Manager is authorized to answer questions or prepare addenda relating to
the project. Information obtained from any other source shall not bind either party, may
not be relied upon and shall have no standing in any event that may occur.
2.04 Proposal Documents
Each proposal will consist of two separate submittals, the Financial Proposal and the
Technical Proposal.
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a) Proposal Package
Any proposal submitted that is not signed by the Candidate or by the Candidate’s duly
authorized representative shall be rejected by the Employer as non-responsive.
b) Power of Attorney or Agent
When an agent signs proposal, a power of attorney shall either be on file with the Employer
prior to the opening of proposals, or be submitted with the proposal. Failure to submit the
power of attorney may result in the rejection of the proposal as irregular and unauthorized.
A power of attorney is not necessary in the case of a partner in a partnership.
2.05 Competitive Tendering
If more than one proposal is offered by an individual or business entity or combination

thereof, under the same or different names, all such proposals may be rejected. A party
who has quoted prices on materials or work to a Proposer is not thereby disqualified from
quoting prices to other Proposers, or from submitting a proposal directly for the materials
or work.
3.0 DESIGN REQUIREMENTS
3.01 Scope of Work
K.I.C.C requests proposal for provision and installation of prefabricated exhibition centre
at the above mentioned ground. This should also include all earthworks, sub-structure
works &, disposal of rain and storm waters drainage. The area is approx. 10,675sm of
ground floor and mezzanine floor of approx. 500sm. The structure should be demountable
in nature with internal partitions also demountable (see attached drawings for guidance
ONLY).
The Design-Builder shall furnish all architectural, landscape architectural and engineering
services complete set of drawings, bills of quantities and detailed specifications necessary
to complete the project in accordance with the requirements of the contract documents.
From the approved drawings and detailed specifications the Design-Builder shall furnish all
labour, materials, equipment, services and transportation necessary for the complete
construction of the project, including site works, structures and utilities.
3.02 Intent of the Contract Documents
The intent of the contract documents is to provide the Employer with a project that is
complete in all respects. All items necessary or reasonably required are to be provided to
produce a complete and operational project.
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3.03
(a) Laws and Codes
For any item for which the above codes are not applicable, Design-Builder shall comply
with the requirements of the latest edition of the Kenya Building Code.
Codes and specifications incorporated by reference shall be those of the latest edition at the
time of receiving proposals, unless otherwise specified.
The Employer shall select a firm(s) to provide materials testing and inspection services
during construction. The testing and inspection services firms are solely responsible to the
Project Manager for observation of construction, determination of adherence to the contract
documents (including approved plans and specifications) and compliance with the
applicable codes and standards.
(b) Plans and Specifications
The plans and specifications shall state the design codes, standards and requirements used
for the development of the plans including the edition and applicable sections.
The plans and specifications shall include a quality control program and an implementation
plan to ensure that the completed project complies in all respects to the project
requirements. The design professional engaged by the Design-Builder shall specify all
tests and inspections that are required by the building code and that are appropriate to
achieve the project goals. The design professional on record shall be retained to provide
normal construction administration services and shall make periodic visits to the site to
observe the quality of the work.
The final design drawings, specifications and calculations shall be signed and stamped by
the appropriate registered professionals as complying with the requirements of the
applicable codes, standards, practices and regulations.
The design professionals on record shall retain full responsibility for the design.
The Design-Builder shall incorporate changes, if any, resulting from plan check, peer
review and/or Employer requirements into the final design without additional cost to the
Employer. Such final drawings and specifications shall be resubmitted to the Employer for
approval.
(c) Plan Approval by Employer
No plans shall be approved for construction without the express written approval of the
Employer.
54
At the discretion of the Employer, the project may be approved in parts provided that each
part is assessed as in full compliance with the applicable requirements and can be
completed without compromising compliance of the total project.
Any changes, alterations, substitutions or modifications made to the approved plans during
construction must be approved in writing by the Project Manager where they could be
construed to impact on the adherence to the applicable codes, standards or regulations.
The Design-Builder shall incorporate without additional cost to the Employer any changes,
alterations, substitutions or modifications made to the approved plans that are required
during construction to satisfy code requirements, including those not previously identified
in the approved plans, or to properly implement the approved plans, or where observed
workmanship and/or discovered conditions so require.
The Design-Builder shall be responsible for payment of applicable fees and shall
incorporate any modifications required in the drawings and detailed specifications without
additional cost to the Employer.
The Employer will issue a certificate of completion when satisfied that the approved plans
have been implemented and that all inspection and technical code and standards
compliance issues identified during construction have been satisfactorily resolved.
3.04 Drawings & Specifications
a) Quality Requirements
The Design-Builder shall submit to the Employer for approval complete drawings and
detailed specifications necessary to construct the project, including drawings and detailed
specifications for site layout, utilities and landscaping.
It is required that these drawings and specifications be prepared by Registered

professionals under the law.
b) Plan Review and Testing/Inspection Services
The Project Manager shall have the responsibility for enforcement of all applicable codes,
standards and related responsibilities.
The Employer shall review the plans and specifications for adherence to applicable codes
and standards.
The Employer shall select a firm(s) to provide materials testing and inspection services
during construction.
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The testing and inspection services firms are solely responsible to the Project Manager for
observation of construction, determination of adherence to the contract documents
(including approved plans and specifications) and compliance with the applicable codes
and standards.
3.05 Approvals Prior to Construction
Review and approval of all drawings and detailed specifications must be obtained from the
Employer before start of construction. However, the Employer will accept a design
submission for site development and if found satisfactory, will allow the Design-Builder to
proceed with earthwork, foundations and other elements of site development while final
plans and specifications for the balance of the work are being completed.
The Design-Builder is responsible for final approvals per Articles as per 4.0 and 4.04 and
approval of portions of the work by the Employer does
not relieve the Design-Builder of responsibility for construction should changes be required
due to items disapproved or changed due to plancheck. The responsibility for a totally
integrated design in accordance with the contract documents will remain with the Design-
Builder.
3.06 Submittals
The Design-Builder shall submit all detailed fabrication drawings, shop drawings, samples,
material list and manufacturer’s equipment brochures setting forth in detail the work as it is
to be performed by the Design-Builder. Submittals shall be made in accordance with
Article 6.04. Submittals shall be approved in writing by the Employer prior to use of the
materials for the work.
3.07 Divisions of the Performance Specifications
The performance specifications are divided into sections for convenience as set forth in the
standard format. The actual limitations of work in the various trades and/or sections of the
specifications are the responsibility of the Design-Builder.
3.08 Layout of the Work
The Design-Builder shall prepare surveys and design for excavations and shorings required
for the project and assure compliance with all state and local regulations.
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CONDUCT OF THE CONSTRUCTION WORK
4.01 Laws to be observed - Generally
a) The Design-Builder shall observe all Government laws that affect the work under this
contract.
The Design-Builder shall hold harmless defend and indemnify the Employer against any
claim arising from the violation of any law, whether by itself or its agents, employees or
subcontractors.
If a conflict arises between the provisions of this contract and a law, the Design-Builder
immediately shall notify the Employer’s Project Manager in writing.
“Law” as used in this paragraph includes statutes and regulations adopted as well as
executive orders, authoritative interpretations and other rules and directives issued by
legally constituted authority.
4.02 Laws to be Observed – Regarding Labour
a) Labour
i) The Design-Builder shall comply with the provisions of the Kenyan Labour Laws.
ii) The Design-Builder shall permit access by representatives of the Employer upon
reasonable notice to its books, records, accounts, other sources of information and
its facilities as the Employer shall be require ascertaining compliance with this
clause.
iii) The design Builder and its subcontractors shall give written notice of their
obligations under this clause to labour organizations with which they have a
collective bargaining or other agreement.
b) Prevailing Wage
i) Wage rates set forth are the minimum that may be paid by the Design-Builder on a
public works contract.
Public works also means hauling refuse from a public works site to an outside
disposal location.
Nothing herein contained shall be construed as preventing the Design-Builder from

paying more than the minimum rates set forth.
57
No extra compensation whatsoever will be allowed by the Employer due to the
inability of the Design-Builder to hire labour at minimum rates or for the necessity
for payment by the Design-Builder of subsistence, travel time, overtime or other
added compensations, all of which possibilities are elements to be considered and
ascertained to the Design-Builder’s own satisfaction in preparing the bid.
ii) If it becomes necessary to employ crafts other than those listed, the Design-Builder
shall notify the Employer immediately and the Employer will ascertain additional
prevailing rates and the rates thus determined shall be applicable as minimum from
time of initial employment.
iii) The Design-Builder and any subcontractor under the Design-Builder shall comply
with all labour laws.
iv) The Design Builder and subcontractors shall keep an accurate payroll record,
showing the name, address, social security number, work classification, straight
time and overtime hours worked each day and week and actual per diem wages paid
to each journeyman, apprentice or worker employed in connection with the public
works.
Each payroll record shall contain verification by written declaration that the
information contained in the payroll record is true and correct and that the Design-
Builder and subcontractors have complied with the requirements.
For work performed by its employees on the project, the Design-Builder’s and
subcontractor’s payroll records shall be available for inspection at all reasonable
hours and a certified copy shall be made available upon request to the employer or
his or her authorized representative.
v) The Design-Builder is required to submit a minimum of the first two weeks of

certified payroll and the Hourly Labour Rate Worksheet for its workers and all
subcontractors.
Additional weeks of certified payroll records may be required at the discretion of

the Employer.
c) Worker’s Compensation
The Design-Builder shall be required to secure payment of Worker’s Compensation to its

employees in accordance with Labour Laws and shall file with the Employer prior to
performing the work the certification required.
d) Apprentices
If the Design-Builder or any subcontractor employs workers on the project in any

apprentice able craft it shall apply to the joint apprenticeship committee administering the
58
apprenticeship standards for the craft in the area of the work for a certificate approving the
Design-Builder or subcontractor for the employment and training of apprentices.
Every apprentice shall be paid the standard wage paid to apprentices under the regulations
of the craft or trade in which they are employed and shall be employed only in the work of
the craft or trade to which they are indentured.
The employment and training of each apprentice shall be in accordance with the provisions
of the apprenticeship agreements under which a person is training.
The Design-Builder or subcontractor employing journeymen or apprentices in any

apprentice able craft or trade shall contribute to the fund or funds set up in the area of work
to administer the apprenticeship program in each trade in which it employs such
journeymen or apprentices in the same amount and manner as the contributing contractors.
e) Education, Counselling and Training Programs
All educational, counselling and vocational guidance programs and all apprenticeship and
on-the-job training programs, under this contract, shall be open to all qualified persons,
without regard to race, sex, colour, religion, National origin or ancestry.
Such programs shall be conducted to encourage the fullest development of the interests,
skills, aptitudes and capacities of all students and trainees with special attention to the
problems of culturally deprived, educationally handicapped or economically disadvantaged
persons.
Expansion of training opportunities under these programs shall also be encouraged with a
view toward involving larger numbers or participants from these segments of the labour
force where the need for upgrading levels of skills is the greatest.
The Design-Builder shall obtain copies of such safety orders as are applicable to the type of
work to be performed and shall be governed by their requirements in all construction
operations. The Design-Builder shall fully inform each subcontractor and materials
supplier as to the requirements of the applicable safety orders.
4.03 Environmental Requirements
a) Air and Water Pollution Control
The Design-Builder shall comply with all air and water pollution control rules, regulations,
ordinances and statutes that apply to the work performed under the contract including any
air pollution control rules, regulations, ordinances and statutes adopted under the authority
of the Employer.
59
The Design-Builder must be eligible to perform work for the Project Manager by not being
found to be in violation of any order, resolution or regulation relating to air or water
pollution adopted in accordance with Project Manager requirements.
In the absence of any applicable air pollution control rules, regulations, ordinances or
statutes governing solvents, all solvents, including but not limited to the solvent portions of
paints, thinners, curing compounds and liquid asphalt used on the project, shall comply
with the applicable material requirements of the Kenya Bureau of Standards.
All containers of solvent paint, thinner, curing compound or liquid asphalt shall be labelled
to indicate that the contents fully comply with these requirements.
Unless otherwise provided in the special provisions, material to be disposed of shall not be
burned either inside or outside the premises.
A regular watering program shall be initiated to adequately control the amount of fugitive
dust.
Exposed soil surfaces shall be sprayed with water at least daily and as needed to mitigate
dust.
Trucks hauling dirt from the site shall be covered in accordance with applicable state and
local requirements.
To reduce exhaust omissions, unnecessary idling of construction vehicles and equipment

shall be avoided.
Construction equipment shall be fitted with modern emission control devices and shall be
kept in proper tune.
b) Sound Control requirements
The Design-Builder shall comply with all sound control and noise level rules, regulations
and ordinances which apply to the work.
In the absence of any such rules, regulations and ordinances, the Design-Builder shall
conduct its work to minimize disruption to others due to sound and noise from the workers
and shall be responsive to the Employer’s requests to reduce noise levels.
Loading and unloading of construction materials will be scheduled so as to minimize

disruptions to any activities.
Construction activities will be scheduled to minimize disruption to the adjacent premises.
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4.04 Substitution of Subcontractors
Once the subcontractors have been listed provisions of the subletting and subcontracting to
any proposed substitution of subcontractors must be approved by the Project Manager.
The Design-Builder must clearly advertise the specific bond requirements for the project
including the requirement of a bond, the kind of a bond and the amount of the bond, in
order to be eligible to substitute a subcontractor.
When requested by the Project Manager, the Design-Builder shall submit a Subcontractor
Status Report, which will be compared with the list of approved contractor.
If any subcontracts are still outstanding at the time of submittal, a follow-up request will be
made.
No substitution of any subcontractor would be allowed without written approval of the

Employer.
4.05 Design-Builder’s Responsibility for the Work
a) Generally
The Design-Builder shall be fully responsible for all work performed under this contract
and no subcontractor will be recognized as such.
For purposes of assessing responsibility to the Design-Builder, all persons engaged in the
work shall be considered as employees of the Design-Builder.
The Design-Builder shall give her/his personal attention to the fulfilment of the contract
and keep all phases of the work under her/his control.
The Employer will not arbitrate disputes among subcontractors nor between the Design-
Builder and one or more subcontractors concerning responsibility for performing any part
of the project.
b) Quality Control
The Design-Builder shall be fully responsible for the quality of materials and workers skill
in the project.
The Design-Builder shall not rely upon the inspection and testing provided by the
Employer other than those special inspections and tests performed by the Employer’s
selected laboratories for which there are written reports.
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c) Burden for Damage
From the issuance of the official Notice to Proceed until formal acceptance of the project
by the Employer, the Design-Builder shall have the charge and care of and shall bear the
risk of damage to the project and materials and equipment for the project.
The Design-Builder, at its own expense, shall promptly rebuild, repair, restore and make
good all such damage to any portion or to all of the project and materials therefore before
the acceptance of the project by the Employer except for such damage as is proximately
caused by acts of the Employer or public enemy.
In case of suspension of work from any cause whatsoever, the Design-Builder shall be
responsible for all materials and shall properly store them, if necessary and shall provide
suitable drainage and erect temporary structures where necessary.
If the Design-Builder damages any property belonging to the Employer, the Employer may,
in addition to other remedies available to the Employer, retain from the money due to the
Design-Builder an amount sufficient to ensure repair of the damage or an amount to
contribute towards repair of the damage.
The Design Builder shall be responsible for any damage to the project and materials and
equipment for the project.
d) Protection of Adjoining Facilities
The Design-Builder shall protect adjoining property and nearby buildings, roads and other
facilities and improvements from dust, dirt, debris and other nuisances arising out of
Design-Builder’s operations.
Dust shall be controlled by sprinkling or other effective methods acceptable to Employer.
An erosion and sedimentation control program shall be initiated, which includes measures
addressing erosion caused by wind and water and sediment in runoff from site.
A regular watering program shall be initiated to adequately control the amount of fugitive
dust in accordance with applicable Law.
e) Safety
The Design-Builder shall exercise precaution at all times for the protection of persons and
their property.
The Design Builder shall install adequate safety guards and protective devices for all
equipment and machinery, whether used in the work or permanently installed as part of the
project.
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The Design-Builder shall also provide and adequately maintain all proper temporary walks,
roads, guards, railings, lights and warning signs.
The Design-Builder shall comply with all applicable laws relating to safety precautions,
including the safety regulations of the Project Manager.
If the Design-Builder designates other employees, its Foreman shall have the duty of
prevention of accidents.
The design-Builder shall institute a safety program, which includes all trades on the site.
Renovation, expansion, or remodel work of any existing building may expose workers to
lead-containing materials such as paint, flashings and pipe joints. The Design-Builder shall
comply with all applicable laws addressing such exposure.
The Employer and the Project Manager may bring to the attention of the Design-Builder a
possible hazardous situation in the field regarding the safety of personnel on the site.
The Design-Builder shall be responsible for verifying that all local, state and Government
workplace safety guidelines are being observed.
In no case shall this right to notify the Design-Builder absolve the Design-Builder of its
responsibility for monitoring safety conditions.
Such notification shall not imply that anyone other than the Design-builder has assumed
any responsibility for field safety operations.
In the event of an accident, the Design-Builder shall make available to the Employer copies
of its accident report to its insurance carrier.
The Design-Builder shall determine the cause of the accident and immediately correct any
equipment, procedure or condition contributing to the accident.
f) Utilities
i) If the Design-Builder discovers utility facilities not identified in the contract

documents, the Design-Builder shall immediately notify the Employer and the
utility involved in writing of such discovery.
When the Design-Builder is required by the plans and specifications to locate,

remove or relocate utility facilities not identified in the contract documents with
reasonable accuracy, she/he shall be compensated for any reasonable actual added
cost incurred.
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The Design-Builder shall also be compensated for the cost of repairing any damage
resulting from the discovery of such unidentified utility facility when such damage
does not result from the failure of the Design-Builder to exercise reasonable care.
All such compensation to the Design-Builder shall be based on an actual cost plus
Design-Builder and subcontractor mark-up except that both the Design-Builder’s
and subcontractor’s mark-up shall be reduced by six (6) per cent each, where the
damages results from the failure of the Design-Builder or subcontractor to exercise
reasonable care.
The Employer or the public utility, where it is the owner of the utility facilities shall
have the sole discretion to perform repairs, or relocation work or permit the Design-
Builder to do such repairs or relocation work at a reasonable price, where such work
is required to facilitate the project.
The Design-Builder shall not be assessed liquidated damages for delay in the
completion of the project which is caused by the failure of the Employer or the
owner of the utility to provide for removal or relocation of such unidentified utility
facilities.
ii) With the exception of the identification of main trunk line utility facilities in the
contract documents, the foregoing provisions of sub-clause (i) shall not apply to and
Employer shall have no obligation to indicate the presence of existing service
laterals or appurtenances whenever the presence of such utilities on the site of the
project can be inferred from the presence of other visible facilities such as
buildings, meter and junction boxes on or adjacent on the site of the construction.
iii) Except as expressly provided in sub clauses (i) and (ii) above, the Design-Builder
shall be responsible at its own cost for all work, expense or special precautions
caused by the existence or proximity of utilities encountered at the site or in the
performance of the project work including without limitation, repair of any damage
that may result including any damage resulting from hand or exploratory
excavation.
The Design-Builder is cautioned that the utilities encountered at the site may
include communication cables or electrical cables conducting high voltage. When
excavating in the vicinity of the ducts enclosing such cables, special precautions are
to be observed by the Design-Builder at her/his own cost and shall include the
following:
(a) All cables and their enclosure ducts shall be exposed by careful hand
excavation so as not to damage the ducts or cables nor;
(b) Cause injury to persons and appropriate warnings signs, barricades and
safety devices shall be erected.
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iv) The Design-Builder shall provide to the Employer as-built drawings of all utilities
encountered and constructed indicating the size, horizontal location and vertical
location based on the project bench mark or a stable datum.
4.06 Occupancy by Employer Prior to Acceptance
The Employer reserves the right to occupy all or any part of the project prior to completion
of the entire contract, upon issuance of a written contract change order therefore.
In such event, the Design-Builder shall be relieved of responsibility for any injury or
damage to such occupied part as results from the Employer’s occupancy and use.
If the Design-Builder carries insurance against damage to such premises or against liability
to third persons covering the premises so used and occupied by the Employer and if such
occupancy results in increased premiums for such insurance, the Employer will pay to the
Design-Builder the added premium costs for such insurance during the period of
occupancy.
The Occupancy change order shall be the vehicle for such payment, if applicable.
The Employer’s occupancy shall not constitute acceptance by the Employer either of the
project as completed or of any portion thereof, nor will it relieve the Design-Builder of full
responsibility for correcting defective work or materials found at any time before the
formal written acceptance of the project as completed by the Employer and during the full
guarantee period after such acceptance, nor does it stop the assessment of liquidated
damages.
However, when the project includes several separate facilities and one or more of such
facilities is entirely occupied by the Employer, then upon written request of the Design-
Builder, the guarantee period for the occupied facility may commence from the date of
occupancy subject to written consent thereto by the Employer.
4.07 Responsibility to secure and Pay for permits, Licenses, Utility Connections Etc.
The Design-Builder shall secure all permits and licenses required for any operations
required under this contract and shall pay all costs relating thereto as well as all other fees
and charges that are required by the Project Manager, telephone company, special district
or quasi – Project Managerial entity.
It is the Design-Builder’s responsibility to ascertain the necessity of such permits and

licenses in preparing its tender and include in its tender the cost thereof as well as
adjustments for any delays, which may be caused by securing permits and licenses.
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4.08 Patented or Copyrighted Materials
The Design-Builder shall assume all costs arising from the use of patented or copyrighted
materials, equipment, devices or processes used on or incorporated in the project and
agrees to save harmless, defend and indemnify the Employer Consultants, the Employer,
Employees of each of them from all suits, actions or claims for or on account of the use of
any patented or copyrighted materials, equipment, devices or processes.
4.09 Property Rights in Materials and Equipment
Nothing in the contract shall be construed as vesting in Design-Builder any property in the
materials or equipment after they have been attached to or permanently placed in or upon
the work or the soil or after payment has been made for the value of the materials or
equipment delivered to the site of the work whether or not they have been so attached or
placed.
All such materials or equipment shall become the property of Employer upon being so
attached or placed or upon payment of the value of the materials or equipment delivered on
the site but not yet installed and the Design-Builder warrants that all such property shall
pass to Employer free and clear of all liens, claims, security interests or encumbrances.
4.10 Taxes
The Design-Builder shall pay all taxes imposed by law which are levied or become payable
as a result of the Design-Builder’s performance under this contract.
4.11. Contract Time
(a) Time is of the Essence
All time limits specified in this contract are of the essence of the contract.
(b) Starting and Completion Date
The Employer shall designate in the Notice to proceed the starting date of the
contract on which the Design-Builder shall immediately begin and thereafter
diligently execute the work to completion.
The design-Builder agrees to complete the work on the date specified for
completion of the Design-Builder’s performance in the contract unless such time is
adjusted in writing by change order by the Employer.
The Design-Builder may complete the work before the completion date if it will not
interfere with employer or other contractors engaged in related or adjacent work.
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The work shall be regarded as completed as noted on the Employer Notice of
Completion.
4.12 Labour Force and Foreman
At all times the Design-Builder shall provide sufficient labour to properly execute the work
and to ensure completion of each part in accordance with the schedule and within the
contract time.
The Design-Builder shall make certain that competent workers are employed who are
skilled in the type of work required and that workmanship is of the best, regardless of the
quality of material.
If in the judgment of the Employer, any person is incompetent or disorderly, the Design-
Builder shall promptly remove such person from the project and shall not re-employ such
person thereon.
The Design-Builder shall retain a competent, full time on-site Foreman to represent the
Design Builder and to direct the project at all times while any work under this contract is
being performed.
The Foreman shall prepare a daily report, which includes worker count and work in
progress and shall provide the report to the Employer upon request.
The Design-Builder shall make certain that all subcontractors employed are properly
registered and are in good standing with Project Manager requirements.
4.13 Limitation of Construction Operations
The Design-Builder shall limit the area and nature of the construction operations to that
which is authorized in the plans and specifications or approved in writing by the Employer.
The Design-Builder shall be responsible to others engaged in the related or adjacent work
for all damage to work, to persons and to property and for loss caused by failure to
complete the work within the specified time for completion.
The Design-Builder shall coordinate its work with the work of others so that no
discrepancies shall result in the project.
4.14 Drawings Reflecting Actual Construction
During the course of construction, the Design-Builder shall maintain drawings daily to
show the project as it is actually constructed.
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Every sheet of the plans and specifications, which differs from the actual construction, shall
be marked and sheets so changed shall be noted on the title sheets of the plans and
specifications.
All variation orders shall be shown by reference to sketch drawings and any supplementary
drawings or change order drawings shall be included.
The Design-Builder shall review the “as-built” drawings with the Project Manager at least
once a month to demonstrate that all changes that have occurred are being fully and
accurately recorded.
The altered contract drawings shall be sufficiently detailed so that future work on the
project or in adjacent areas may be conducted with a minimum of difficulty.
Prior to the completion of the project and prior to release of the final retention payments
the “as-built” drawings and specifications shall be transmitted to the Project Manager for
further handling with a copy of the transmittal to the Employer.
Additionally, the Design-Builder shall turn over to the Employer a re-drafted and complete
set of “as-built”: drawings of the actual construction.
Final payment will not be made to the Design-Builder until the “as-built” drawings are
received and spot checked by the Employer. Corrections if any shall be made as necessary.
4.15 Access for Inspection
The Design Builder shall at all-time permit the Employer and the Project Manager to visit
and inspect the work and the shops where work is in preparation and shall maintain proper
facilities and provide safe access for such inspection.
Work requiring testing, inspection or verification shall not be covered up without such test,
inspection or approval.
The Design-Builder shall notify the Project Manager in writing at least 24 hours in advance
of the Project Manager being required to inspect the work.
For a project with part time inspection, a minimum of 48 hours written notification by the
Design-Builder to the Project Manager is required before the Project Manager is required to
inspect the work, whenever the Design-Builder intends to perform work on a Saturday.
4.16 Clean-up of Project and Site
The Design-Builder shall clean up its work at frequent intervals and at other times when
directed by the Employer.
At all times while finish work is being done, floors shall be kept broom clean.
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Upon completion of the work, the Design-Builder shall promptly remove from the premises
construction equipment and any waste materials not previously disposed of leaving the
premises thoroughly clean and ready for occupancy.
In the event the Design-Builder does not maintain the project or the site clear of debris and
rubbish in manner acceptable to the Employer, the Employer may cause the project or site
to be properly cleaned and may withhold the expense incurred therefore from payments due
to the Design-Builder.
4.17 Project Sign, Advertising
The design-Builder shall furnish and install a project sign required as part of the work
under the contract.
As a minimum, the sign shall be 2 metres wide and 4 metres high.
The sign shall identify the Project Name, the Employer, the Design-Builder and the Project
Manager.
No advertising is permitted on the project or site without written permission from the
Employer.
4.0 INTERPRETATION OF AND ADHERENCE TO CONTRACT REQUIREMENTS
5.01 Interpretation of Contract Requirements
(a) Correlation
Contract documents shall be interpreted as being complementary, requiring a

complete project.
Any requirement occurring in any one of the contract documents is as binding as

though occurring in all contract documents.
Generally, the specifications address quality, types of materials and contract

conditions while the drawings show placement, sizes and fabrication details of
materials.
(b) Conflicts
In the event of conflict in the contract documents, the following priorities shall
govern:
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(i) Addenda shall govern over all other contract documents and subsequent
addenda shall govern over prior addenda only to the extent modified.
(ii) “Contract Conditions” shall govern over all sections of the specifications.
No section of the specifications shall modify the Contract Conditions.
(iii) In the event that provisions of codes, safety orders contract documents,
referenced manufacturers specifications or industry standards are in conflict,
the more restrictive or higher quality shall govern.
(c) Omissions
In the event of omissions in the contract documents the following shall apply:
(i) If the contract documents are not complete as to any minor detail of a required
construction system or with regard to the manner of combining or installing of
parts, materials or equipment, but there exists an accepted trade standard for good
and skilful construction, such detail shall be deemed to be an implied requirement
of the contract documents in accordance with such standard.
“Minor Detail” shall include the concept of substantially identical components,

where the price of each such component is small even though the aggregate cost or
importance is substantial and shall include a single component that is incidental
even though its cost or importance may be substantial.
(ii) The quality and quantity of the parts or material so supplied shall conform to trade
standards and be compatible with the type, composition, strength, size and profile of
the parts of materials otherwise set forth in the contract documents.
5.02 Issuance of Interpretations, Clarifications, Additional Instructions
Should the Design-Builder discover any conflicts, omissions or errors in the contract or
have any question concerning interpretation or clarification of the contract, the Design-
Builder shall request in writing interpretation, clarification or additional detailed
instructions before proceeding with the work affected.
The written request shall be given to the Design-Builder with copies to the Employer and to
the Project Manager.
The Employer shall, within a reasonable time, issue in writing the interpretation,
clarification or additional detailed instructions requested.
Should the design-Builder proceed with the work affected before receipt of the
interpretation, clarification or instructions from the Employer, the Design-Builder shall
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replace or adjust any work not in conformance therewith and shall be responsible for any
resultant damage or added cost.
Should any interpretation, clarification or additional detailed instructions as approved by

the Employer and in the opinion of the Design-Builder, constitute work beyond the scope
of the contract, the Design-Builder must submit written notice thereof to the Employer
within seven calendar days following receipt of such interpretation, clarification or
additional detailed instructions and in any event prior to commencement of work thereon.
The Design-Builder shall send copies of such correspondence to the Project Manager.
Within seven calendar days after the Design-Builder issues its written notice, the Design-
Builder shall submit an explanation of how the interpretation, clarification or additional
detailed instruction constitutes work beyond the scope of the contract, along with a detailed
cost breakdown and an explanation of any delay impacts.
If in the judgment of the Employer, the notice is justified, the interpretation, clarification or
additional detailed instructions shall be revised or the extra work authorized by contract
change order or by Site Instruction with a change order to follow.
If the Employer decides that the claim is not justified the Employer shall give the Design-
Builder a written order that the claim is not justified and direct the Design-Builder to
perform such work.
The Design-Builder shall proceed with the work upon receipt from the Employer of a
written order to do so, in accordance with the Employer’s interpretation of the contract
requirements, but within seven days of receipt of the order, the Design-Builder must notify
the Employer by letter that it protests the decision.
When performing disputed work, the Design-Builder shall prepare time and materials
records for each day and the Site Manager shall verify these records at the conclusion of
each day.
The Design-Builder shall have no claim for additional compensation because of such
interpretation, clarification or additional detailed instruction, unless he/she gives written
notice to the Employer within seven calendar days as specified above.
5.03 Product and Reference Standards
(a) Product Designation
When descriptive catalogue designations, including the manufacturer’s product

brand name or model number are referred to in the contract, such designations shall
be considered as those found in industry publications.
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(b) Reference Standards
When standards of the Project Manager, trade societies or trade associations are
referred to in the contract by specific date of issue, these shall be considered a part
of this contract.
When such references do not bear a date of issue, the current and most recently
published edition shall be considered a part of this contract.
5.04 Shop Drawings, Samples, Alternatives or Equals, Substitutions
(a) Submittal Procedure
The Design-Builder shall review and approve all shop drawings. “Shop drawings”
include drawings, diagrams, illustrations, schedules, performance charts, brochures
and catalogues and other data prepared by the Design-Builder or any subcontractor,
manufacturer, supplier or distributor, which illustrate some portion of the work.
The Design-Builder shall promptly review and mark the shop drawings approved
and submit to the Employer, so as to cause no delay in the work together with
samples as required by the contract and shall also submit any offers of alternatives
or substitutions.
The design-Builder shall submit at least four copies of shop drawings with three to
be retained by the Employer.
All such submittals shall be sent to the Employer at the address given in the
instructions to the Design-Builder at the job start meeting.
A letter shall accompany the submitted items which shall contain a list of all
matters submitted and shall identify all deviations in the shop drawings and samples
from the requirements of the contract.
Failure by the Design-Builder to identify all deviations may render any action taken
by the Employer on the materials submitted to be void.
Whether to void such action shall be in the discretion of the Employer.
The letter and all items accompanying it shall be fully identified as to project name
and location, the Design-Builder’s name and contract number.
By submitting the approved shop drawings and samples, the Design-Builder

represents that the data contained therein have been verified with conditions as they
actually exist and that the shop drawings and samples have been checked and
coordinated with the contract.
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(b) Samples
Samples are physical examples furnished by the Design-Builder to illustrate

materials, equipment, colour, texture or workmanship and to establish standards by
which the work will be judged.
The work shall be in accordance with the samples, submitted as required by the
contract and reviewed by the Employer.
The Design-Builder shall remove samples from the site when directed by the
Employer.
Samples not removed by the Design-Builder at the Employer’s option will become
the property of the Employer or will be removed or disposed of by the Employer at
the Design-Builder’s expense.
(c) Alternatives or Equals
For convenience in designation on the plans or in the specifications certain

materials or equipment may be designated by a brand or trade name or the name of
the manufacturer together with catalogue designation or other identifying
information, hereinafter referred to generically as “designated by brand name”.
Alternative material or equipment which is of equal quality and of the required

characteristics for the purpose intended may be proposed for use provided the
Proposer complies with the following requirements.
(i) The Proposer shall submit his or her proposal to the Employer for an
alternative as “an equal” in writing prior to the award of the contract as
required by the Employer.
(ii) In exceptional cases where the best interests of the Employer so require, the
Employer may give written consent to a submittal or re-submittal received
after the expiration of the time limit designated.
If a Proposer desires consideration of “an equal” prior to submitting

proposals, the Proposer is responsible for a timely submittal.
(iii) No proposal will be considered unless accompanied by complete

information necessary to permit determination of the equality of the offered
materials or equipment. Samples shall be provided when requested by the
Employer.
(iv) The burden of proof as to the comparative quality and suitability of the
offered materials or equipment shall be upon the Proposer.
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Where the material is specified by capacity or performance, the burden of
proof shall be on the proposer to show that any particular equipment or
materials meet the minimum capacities or the performance requirements
specified.
The Proposer shall furnish at its own expense all information necessary for a
determination as to whether the minimum capacities or performance
requirements will be met.
The Employer shall be the judge of such matters. If the Employer rejects
the use of any alternative materials or equipment, then one of the products
designated by brand name shall be furnished.
If changes or delays are required for proper installation or fit of alternative

materials, articles or equipment, or because of deviations from contract
documents such changes or delays shall be made at the design-Builder’s
expense without recourse for reimbursement from the Employer.
(d) Substitutions
If the Design-Builder proposes a product that is of lesser or greater quality or

performance than the specified material or equipment, the Design-Builder must
submit any cost impact of this substitution.
By submitting a substitute, the Design-Builder waives any rights to claim a delay

due to the processing of this substitution.
The time for submission of a substitute of an unequal product shall be restricted to 5

days after the effective date on the Notice-to-Proceed unless the Employer allows a
longer or shorter period in writing.
5.05 Quality of Materials, Articles and Equipment
Materials articles and equipment furnished by the Design-Builder for incorporation into the
work shall be new.
When the contract requires that materials, articles or equipment be furnished but the quality
or kind thereof is not specified, the Design-Builder shall furnish materials, articles or
equipment at least to the kind or quality or both of materials, articles or equipment which
are specified.
5.06 Testing Materials, Articles, Equipment and Work
Materials, articles and equipment requiring tests shall be delivered to the site in ample time
before intended use to allow for testing and shall not be used prior to testing and receipt of
written approval.
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The Design-Builder shall be solely responsible for notifying the Employer where and when
materials, articles, equipment and work are ready for testing.
Should any such materials, articles, equipment or work be covered without testing and
approval, if required, they shall be uncovered at the Design-Builder’s expense.
The Employer has the right to order the testing of any other materials, articles, equipment
or work at any time during the progress of the work. Unless otherwise directed, all samples
for testing shall be taken by the Employer from materials, articles or equipment to be used
on the project or from work performed.
All tests will be under the supervision of and at locations convenient to the Employer.
The Employer shall select the laboratories for all tests.
Decisions regarding the adequacy of materials, articles, equipment or work shall be issued
to the Employer in writing.
All costs of the initial required tests shall be borne by the Design-builder.
The Employer may decide to take further samples and tests and if the results show that the
work was not defective, the Employer shall bear the costs of such samples and tests.
In the event the results of such additional samples and tests show that the work was
defective, the Design-builder shall bear the cost of such samples and tests.
Samples that are of value after testing shall remain the property of the Design-Builder. The
Employer may be back charge to the Design-Builder all retesting and re-inspection costs.
5.07 Rejection
Should any portion of the work done or any materials, articles or equipment delivered fail
to comply with the requirements of the contract, such work, materials, articles or
equipment shall be rejected in writing and shall immediately be made satisfactory to the
Employer, by the Design-Builder at no additional expense to the Employer.
Any materials, articles or equipment, which are rejected, shall immediately be removed
from the premises at the expense of the Design-Builder.
The employer may retain one and one-fourth times the cost of the rejected materials,
articles, equipment and work from any payments due to the Design-Builder until such time
as it is made acceptable to the Employer.
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5.08 Responsibility of Quality
The testing and inspection provided by the Employer shall not relieve the Design-Builder
of its responsibility for the quality of materials and workmanship provided by the Design-
Builder and the Design-Builder shall make good all defective work discovered during or
after completion of the project.
5.09 Guarantee
The design-Builder hereby unconditionally guarantees the work under this contract to be in
conformance with the contract requirements and to be and remain free of defects in
workmanship and materials for a period of one year from the date of acceptance of the
project, unless a longer guarantee period is agreed between the parties.
By this guarantee the Design-Builder agrees within the guarantee period, to repair or
replace any work together with any adjacent work which may be displaced in so doing
which is not in accordance with the requirements of the contract or which is defective in its
workmanship or material, all without any expense whatsoever to the Employer.
Special guarantees that are required by the contract shall be signed by the Design-Builder,
who is responsible for the entire work and countersigned by the sub-contractor who
performs the work.
Contract bonds shall remain in full force and effect during the one-year guarantee period,
unless a longer bond period is agreed.
The design-Builder further agrees that within five (5) calendar days after being notified in
writing by the Employer of any work not in accordance with the requirements of the
contract or of any defects in the work, the Design-Builder shall commence and execute
with diligence all work necessary to fulfil the terms of this guarantee and to complete the
work in accordance with the requirements of the contract within a reasonable period of
time.
The Design-Builder in the event of failure to so comply, does hereby authorize the
Employer to proceed to have the work done at the Design-Builder’s expense and the
Design-Builder agrees to pay the cost thereof upon demand.
The Employer shall be entitled to be reimbursed by the Design-Builder all costs necessarily
incurred upon the Design-Builder’s refusal to pay the above cost.
Notwithstanding the foregoing paragraph, in the event of an emergency constituting an

immediate hazard to health or safety of the Employer, employees, property or the public,
the Employer may undertake at the Design-Builder’s expense without prior notice, all work
necessary to correct any hazardous conditions caused by the work of the Design-Builder
not being in accordance with the requirements of this contract.
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SECTION V : CONDITIONS OF CONTRACT
77
CONDITIONS OF CONTRACT
Table of Contents
1. Definitions ...................................................................................................................................... 84
2. Interpretation................................................................................................................................... 87
3. Language and Law .......................................................................................................................... 88
4. Project Manager’s Decisions ........................................................................................................... 88
5. Delegation....................................................................................................................................... 88
6. Communications ............................................................................................................................. 88
7. Sub Contracting .............................................................................................................................. 88
8. Other Contractors ............................................................................................................................ 88
9. Personnel ........................................................................................................................................ 88
10. Works ............................................................................................................................................. 89
11. Safety and temporary works ............................................................................................................ 89
12. Discoveries ..................................................................................................................................... 89
13. Work Programme ........................................................................................................................... 90
14. Possession of site ............................................................................................................................ 90
15. Access to site .................................................................................................................................. 90
16. Instructions ..................................................................................................................................... 90
17. Extension or Acceleration of completion date .................................................................................. 90
18. Management Meetings ................................................................................................................... 91
19. Early Warning ................................................................................................................................. 91
20. Defects ........................................................................................................................................... 91
21. Bills of Quantities ........................................................................................................................... 92
22. Variations ....................................................................................................................................... 92
23. Payment certificates, currency of payments and Advance Payments ................................................ 93
24. Compensation events....................................................................................................................... 95
25. Price Adjustment ............................................................................................................................. 95
26. Retention ........................................................................................................................................ 96
27. Liquidated Damages ........................................................................................................................ 96
28. Securities ........................................................................................................................................ 97
29. Day Works ...................................................................................................................................... 98
30. Liability and Insurance .................................................................................................................... 99
31. Completion and taking over........................................................................................................... 101
32. Final Account................................................................................................................................ 101
33. Termination .................................................................................................................................. 101
34. Payment upon termination ............................................................................................................. 103
35. Release from performance ............................................................................................................. 103
36. Corrupt gifts and payments of commission .................................................................................... 103
37. Settlement of Disputes................................................................................................................... 104
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CONDITIONS OF CONTRACT
1. Definitions
1.1 In this Contract, except where context otherwise requires, the following terms
shall be interpreted as indicated;
“Bill of Quantities” means the priced and completed Bill of Quantities forming
part of the tender.
“Compensation Events” are those defined in Clause 24 hereunder.
“The Completion Date” means the date of completion of the Works as certified
by the Project Manager, in accordance with Clause 31.
“The Contract” means the agreement entered into between the Employer and the
Contractor as recorded in the Agreement Form and signed by the parties including
all attachments and appendices thereto and all documents incorporated by
reference therein to execute, complete, and maintain the Works,
“The Contractor” refers to the person or corporate body whose tender to carry
out the Works has been accepted by the Employer.
“The Contractor’s Tender” is the completed tendering document submitted by

the Contractor to the Employer.
“The Contract Price” is the price stated in the Letter of Acceptance and
thereafter as adjusted in accordance with the provisions of the Contract.
“Days” are calendar days; “Months” are calendar months.
“A Defect” is any part of the Works not completed in accordance with the
Contract.
“The Defects Liability Certificate” is the certificate issued by Project Manager

upon correction of defects by the Contractor.
“The Defects Liability Period” is the period named in the Contract Data and
calculated from the Completion Date.
“Drawings” include calculations and other information provided or approved by

the Project Manager for the execution of the Contract.
“Day works” are Work inputs subject to payment on a time basis for labour and
the associated materials and plant.
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“Employer”, or the “Procuring entity” as defined in the Public Procurement
Regulations (i.e. Central or Local Government administration, Universities,
Public Institutions and Corporations, etc) is the party who employs the Contractor
to carry out the Works.
“Equipment” is the Contractor’s machinery and vehicles brought temporarily to

the Site for the execution of the Works.
“The Intended Completion Date” is the date on which it is intended that the
Contractor shall complete the Works. The Intended Completion Date may be
revised only by the Project Manager by issuing an extension of time or an
acceleration order.
“Materials” are all supplies, including consumables, used by the Contractor for
incorporation in the Works.
“Plant” is any integral part of the Works that shall have a mechanical, electrical,
chemical, or biological function.
“Project Manager” is the person named in the Appendix to Conditions of

Contract (or any other competent person appointed by the Employer and notified
to the Contractor, to act in replacement of the Project Manager) who is
responsible for supervising the execution of the Works and administering the
Contract and shall be an “Architect” or a “Quantity Surveyor” registered under
the Architects and Quantity Surveyors Act Cap 525 or an “Engineer” registered
under Engineers Registration Act Cap 530.
“Site” is the area defined as such in the Appendix to Condition of Contract.
“Site Investigation Reports” are those reports that may be included in the
tendering documents which are factual and interpretative about the surface and
subsurface conditions at the Site.
“Specifications” means the Specifications of the Works included in the Contract

and any modification or addition made or approved by the Project Manager.
“Start Date” is the latest date when the Contractor shall commence execution of
the Works. It does not necessarily coincide with the Site possession date(s).
“A Subcontractor” is a person or corporate body who has a Contract with the

Contractor to carry out a part of the Work in the Contract, which includes Work
on the Site.
“Temporary works” are works designed, constructed, installed, and removed by

the Contractor which are needed for construction or installation of the Works.
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“A Variation” is an instruction given by the Project Manager which varies the
Works.
“The Works” are what the Contract requires the Contractor to construct, install,
and turnover to the Employer, as defined in the Appendix to Conditions of
Contract.
2. Interpretation
2.1 In interpreting these Conditions of Contract, singular also means plural, male also
means female or neuter, and the other way around. Headings have no
significance. Words have their normal meaning in English Language unless
specifically defined. The Project Manager will provide instructions clarifying
queries about these Conditions of Contract.
2.2 If sectional completion is specified in the Appendix to Conditions of Contract,

reference in the Conditions of Contract to the Works, the Completion Date and
the Intended Completion Date apply to any section of the Works (other than
references to the Intended Completion Date for the whole of the Works).
2.3 The following documents shall constitute the Contract documents and shall be
interpreted in the following order of priority;
(1) Agreement
(2) Letter of Acceptance
(3) Contractor’s Tender
(4) Appendix to Conditions of Contract
(5) Conditions of Contract
(6) Performance Bond
(7) Specifications
(8) Drawings
(9) Bill of Quantities
(10) Any other documents listed in the Appendix to Conditions of Contract as

forming part of the Contract.
Immediately after the execution of the Contract, the Project Manager shall furnish both the
Employer and the Contractor with two copies each of all the Contract documents. Further, as and
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when necessary the Project Manager shall furnish the Contractor [always with a copyto the
Employer] with three [3] copies of such further drawings or details or descriptive schedules as
are reasonably necessary either to explain or amplify the Contract drawings or to enable the
Contractor to carry out and complete the Works in accordance with these Conditions.
3.1 Language of the Contract and the law governing the Contract shall be English
language and the Laws of Kenya respectively unless otherwise stated.
4 Project Manager’s Decisions

4.1 Except where otherwise specifically stated, the Project Manager will decide
contractual matters between the Employer and the Contractor in the role
representing the Employer.
5 Delegation
5.1 The Project Manager may delegate any of his duties and responsibilities to others
after notifying the Contractor.
6 Communications
6.1 Communication between parties shall be effective only when in writing. A notice
shall be effective only when it is delivered.
7 Subcontracting
7.1 The Contractor may subcontract with the approval of the Project Manager, but
may not assign the Contract without the approval of the Employer in writing.
Subcontracting shall not alter the Contractor’s obligations.
8 Other Contractors
8.1 The Contractor shall cooperate and share the Site with other contractors, public
authorities, utilities etc. as listed in the Appendix to Conditions of Contract and
also with the Employer, as per the directions of the Project Manager. The
Contractor shall also provide facilities and services for them. The Employer may
modify the said List of Other Contractors etc., and shall notify the Contractor of
any such modification.
9 Personnel
9.1 The Contractor shall employ the key personnel named in the Qualification
Information, to carry out the functions stated in the said Information or other
personnel approved by the Project Manager. The Project Manager will approve
any proposed replacement of key personnel only if their relevant qualifications
and abilities are substantially equal to or better than those of the personnel listed
in the Qualification Information. If the Project Manager asks the Contractor to
remove a person who is a member of the Contractor’s staff or work force, stating
the reasons, the Contractor shall ensure that the person leaves the Site within
seven days and has no further connection with the Work in the Contract.
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10 Works
10.1 The Contractor shall construct and install the Works in accordance with the
Specifications and Drawings. The Works may commence on the Start Date and
shall be carried out in accordance with the Program submitted by the Contractor,
as updated with the approval of the Project Manager, and complete them by the
Intended Completion Date.
11 Safety and Temporary Works
11.1 The Contractor shall be responsible for the design of temporary works. However
before erecting the same, he shall submit his designs including specifications and
drawings to the Project Manager and to any other relevant third parties for their
approval. No erection of temporary works shall be done until such approvals are
obtained.
11.2 The Project Manager’s approval shall not alter the Contractor’s responsibility for
design of the Temporary works and all drawings prepared by the Contractor for
the execution of the temporary or permanent Works, shall be subject to prior
approval by the Project Manager before they can be used.
11.3 The Contractor shall be responsible for the safety of all activities on the Site.
12. Discoveries
12.1 Anything of historical or other interest or of significant value unexpectedly

discovered on Site shall be the property of the Employer. The Contractor shall
notify the Project Manager of such discoveries and carry out the Project
Manager’s instructions for dealing with them.
13. Work Program
13.1 Within the time stated in the Appendix to Conditions of Contract, the Contractor
shall submit to the Project Manager for approval a program showing the general
methods, arrangements, order, and timing for all the activities in the Works. An
update of the program shall be a program showing the actual progress achieved on
each activity and the effect of the progress achieved on the timing of the
remaining Work, including any changes to the sequence of the activities.
The Contractor shall submit to the Project Manager for approval an updated
program at intervals no longer than the period stated in the Appendix to
Conditions of Contract. If the Contractor does not submit an updated program
within this period, the Project Manager may withhold the amount stated in the
said Appendix from the next payment certificate and continue to withhold this
amount until the next payment after the date on which the overdue program has
been submitted. The Project Manager’s approval of the program shall not alter
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the Contractor’s obligations. The Contractor may revise the program and submit
it to the Project Manager again at any time. A revised program shall show the
effect of Variations and Compensation Events.
14. Possession of Site
14.1 The Employer shall give possession of all parts of the Site to the Contractor. If
possession of a part is not given by the date stated in the Appendix to Conditions
of Contract, the Employer will be deemed to have delayed the start of the relevant
activities, and this will be a Compensation Event.
15. Access to Site
15.1 The Contractor shall allow the Project Manager and any other person authorised
by the Project Manager, access to the Site and to any place where work in
connection with the Contract is being carried out or is intended to be carried out.
16. Instructions
16.1 The Contractor shall carry out all instructions of the Project Manager which are in
accordance with the Contract.
17. Extension or Acceleration of Completion Date
17.1 The Project Manager shall extend the Intended Completion Date if a
Compensation Event occurs or a variation is issued which makes it impossible for
completion to be achieved by the Intended Completion Date without the
Contractor taking steps to accelerate the remaining Work, which would cause the
Contractor to incur additional cost. The Project Manager shall decide whether
and by how much to extend the Intended Completion Date within 21 days of the
Contractor asking the Project Manager in writing for a decision upon the effect of
a Compensation Event or variation and submitting full supporting information. If
the Contractor has failed to give early warning of a delay or has failed to
cooperate in dealing with a delay, the delay caused by such failure shall not be
considered in assessing the new (extended) Completion Date.
17.2 No bonus for early completion of the Works shall be paid to the Contractor by the
Employer.
18. Management Meetings
18.1 A Contract management meeting shall be held monthly and attended by the
Project Manager and the Contractor. Its business shall be to review the plans for
the remaining Work and to deal with matters raised in accordance with the early
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warning procedure. The Project Manager shall record the minutes of management
meetings and provide copies of the same to those attending the meeting and the
Employer. The responsibility of the parties for actions to be taken shall be
decided by the Project Manager either at the management meeting or after the
management meeting and stated in writing to all who attended the meeting.
19. Early Warning
19.1 The Contractor shall warn the Project Manager at the earliest opportunity of
specific likely future events or circumstances that may adversely affect the quality
of the Work increase the Contract Price or delay the execution of the Works. The
Project Manager may require the Contractor to provide an estimate of the
expected effect of the future event or circumstance on the Contract Price and
Completion Date. The estimate shall be provided by the Contractor as soon as
reasonably possible.
19.2 The Contractor shall cooperate with the Project Manager in making and
considering proposals on how the effect of such an event or circumstance can be
avoided or reduced by anyone involved in the Work and in carrying out any
resulting instructions of the Project Manager.
20. Defects
20.1 The Project Manager shall inspect the Contractor’s work and notify the
Contractor of any defects that are found. Such inspection shall not affect the
Contractor’s responsibilities. The Project Manager may instruct the Contractor to
search for a defect and to uncover and test any Work that the Project Manager
considers may have a defect. Should the defect be found, the cost of uncovering
and making good shall be borne by the Contractor, However, if there is no defect
found, the cost of uncovering and making good shall be treated as a variation and
added to the Contract Price.
20.2 The Project Manager shall give notice to the Contractor of any defects before the
end of the Defects Liability Period, which begins at Completion, and is defined in
the Appendix to Conditions of Contract. The Defects Liability Period shall be
extended for as long as defects remain to be corrected.
20.3 Every time notice of a defect is given, the Contractor shall correct the notified
defect within the length of time specified by the Project Manager’s notice. If the
Contractor has not corrected a defect within the time specified in the Project
Manager’s notice, the Project Manager will assess the cost of having the defect
corrected by other parties and such cost shall be treated as a variation and be
deducted from the Contract Price.
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21. Bills Of Quantities
21.1 The bidders Bills of Quantities shall contain items for the construction,
installation, testing and commissioning of the Work to be done by the Contractor.
The Contractor will be paid for the quantity of the Work done at the rate in their
Bills of Quantities for each item.
21.2 If the final quantity of the Work done differs from the quantity in their Bills of
Quantities for the particular item by more than 25 percent and provided the
change exceeds 1 percent of the Initial Contract price, the Project Manager shall
adjust the rate to allow for the change.
21.3 If requested by the Project Manager, the Contractor shall provide the Project
Manager with a detailed cost breakdown of any rate in their Bills of Quantities.
22. Variations
22.1 All variations shall be included in updated programs produced by the Contractor.
22.2 The Contractor shall provide the Project Manager with a quotation for carrying
out the variations when requested to do so. The Project Manager shall assess the
quotation, which shall be given within seven days of the request or within any
longer period as may be stated by the Project Manager and before the Variation is
ordered.
22.3 If the work in the variation corresponds with an item description in their Bills of
Quantities and if in the opinion of the Project Manager, the quantity of work is not
above the limit stated in Clause 21.2 or the timing of its execution does not cause
the cost per unit of quantity to change, the rate in their Bills of Quantities shall be
used to calculate the value of the variation. If the cost per unit of quantity
changes, or if the nature or timing of the work in the variation does not
correspond with items in their Bills of Quantities, the quotation by the Contractor
shall be in the form of new rates for the relevant items of Work.
22.4 If the Contractor’s quotation is unreasonable, the Project Manager may order the
variation and make a change to the Contract price, which shall be based on the
Project Manager’s own forecast of the effects of the variation on the Contractor’s
costs.
22.5 If the Project Manager decides that the urgency of varying the Work would
prevent a quotation being given and considered without delaying the Work, no
quotation shall be given and the variation shall be treated as a Compensation
Event.
22.6 The Contractor shall not be entitled to additional payment for costs that could
have been avoided by giving early warning.
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22.7 When the Program is updated, the Contractor shall provide the Project Manager
with an updated cash flow forecast.
23. Payment Certificates, Currency of Payments and Advance Payments
23.1 The Contractor shall submit to the Project Manager monthly applications for
payment giving sufficient details of the Work done and materials on Site and the
amounts which the Contractor considers himself to be entitled to. The Project
Manager shall check the monthly application and certify the amount to be paid to
the Contractor within 14 days. The value of Work executed and payable shall be
determined by the Project Manager.
23.2 The value of Work executed shall comprise the value of the quantities of the items
in their Bills of Quantities completed; materials delivered on Site, variations and
compensation events. Such materials shall become the property of the Employer
once the Employer has paid the Contractor for their value. Thereafter, they shall
not be removed from Site without the Project Manager’s instructions except for
use upon the Works.
23.3 Payments shall be adjusted for deductions for retention. The Employer shall pay
the Contractor the amounts certified by the Project Manager within 30 days of the
date of issue of each certificate. If the Employer makes a late payment, the
Contractor shall be paid simple interest on the late payment in the next payment.
Interest shall be calculated on the basis of number of days delayed at a rate three
percentage points above the Central Bank of Kenya’s average rate for base
lending prevailing as of the first day the payment becomes overdue.
23.4 If an amount certified is increased in a later certificate or as a result of an award

by an Arbitrator, the Contractor shall be paid interest upon the delayed payment
as set out in this clause. Interest shall be calculated from the date upon which the
increased amount would have been certified in the absence of dispute.
23.5 Items of the Works for which no rate or price has been entered in will not be paid
for by the Employer and shall be deemed covered by other rates and prices in the
Contract.
23.6 The Contract Price shall be stated in Kenya Shillings. All payments to the
Contractor shall be made in Kenya Shillings and foreign currency in the
proportion indicated in the tender, or agreed prior to the execution of the Contract
Agreement and indicated therein. The rate of exchange for the calculation of the
amount of foreign currency payment shall be the rate of exchange indicated in the
Appendix to Conditions of Contract. If the Contractor indicated foreign
currencies for payment other than the currencies of the countries of origin of
related goods and services the Employer reserves the right to pay the equivalent at
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the time of payment in the currencies of the countries of such goods and services.
The Employer and the Project Manager shall be notified promptly by the
Contractor of an changes in the expected foreign currency requirements of the
Contractor during the execution of the Works as indicated in the Schedule of
Foreign Currency Requirements and the foreign and local currency portions of the
balance of the Contract Price shall then be amended by agreement between
Employer and the Contractor in order to reflect appropriately such changes.
23.7 In the event that an advance payment is granted, the following shall apply:-
a) On signature of the Contract, the Contractor shall at his request, and

without furnishing proof of expenditure, be entitled to an advance of 10%
(ten percent) of the original amount of the Contract. The advance shall not
be subject to retention money.
b) No advance payment may be made before the Contractor has submitted

proof of the establishment of deposit or a directly liable guarantee
satisfactory to the Employer in the amount of the advance payment. The
guarantee shall be in the same currency as the advance.
c) Reimbursement of the lump sum advance shall be made by deductions

from the Interim payments and where applicable from the balance owing
to the Contractor. Reimbursement shall begin when the amount of the
sums due under the Contract reaches 20% of the original amount of the
Contract. It shall have been completed by the time 80% of this amount is
reached.
The amount to be repaid by way of successive deductions shall be calculated by means of

the formula:
R = A(x1 – x11)
80 – 20
Where:
R = the amount to be reimbursed
A = the amount of the advance which has been granted
X1 = the amount of proposed cumulative payments as a
percentage of the original amount of the Contract. This
figure will exceed 20% but not exceed 80%.
X11 = the amount of the previous cumulative payments as a
percentage of the original amount of the Contract. This
figure will be below 80%but not less than 20%.
d) With each reimbursement the counterpart of the directly liable guarantee

may be reduced accordingly.
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24. Compensation Events
24.1 The following issues shall constitute Compensation Events:
(a) The Employer does not give access to a part of the Site by the Site
Possession Date stated in the Appendix to Conditions of Contract.
(b) The Employer modifies the List of Other Contractors, etc., in a way that
affects the Work of the Contractor under the Contract.
(c) The Project Manager orders a delay or does not issue drawings,
specifications or instructions required for execution of the Works on time.
(d) The Project Manager instructs the Contractor to uncover or to carry out
additional tests upon the Work, which is then found to have no defects.
(e) The Project Manager unreasonably does not approve a subcontract to be

let.
(f) Ground conditions are substantially more adverse than could reasonably
have been assumed before issuance of the Letter of Acceptance from the
information issued to tenderers (including the Site investigation reports),
from information available publicly and from a visual inspection of the
Site.
(g) The Project Manager gives an instruction for dealing with an unforeseen
condition, caused by the Employer or additional work required for safety
or other reasons.
(h) Other contractors, public authorities, utilities, or the Employer does not
work within the dates and other constraints stated in the Contract, and they
cause delay or extra cost to the Contractor.
(i) The effects on the Contractor of any of the Employer’s risks.
(j) The Project Manager unreasonably delays issuing a Certificate of

Completion.
(k) Other compensation events described in the Contract or determined by the

Project Manager shall apply.
24.2 If a compensation event would cause additional cost or would prevent the Work
being completed before the Intended Completion Date, the Contract Price shall be
increased and/or the Intended Completion Date shall be extended. The Project
Manager shall decide whether and by how much the Contract Price shall be
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increased and whether and by how much the Intended Completion Date shall be
extended.
24.3 As soon as information demonstrating the effect of each compensation event upon
the Contractor’s forecast cost has been provided by the Contractor, it shall be
assessed by the Project Manager, and the Contract Price shall be adjusted
accordingly. If the Contractor’s forecast is deemed unreasonable, the Project
Manager shall adjust the Contract Price based on the Project Manager’s own
forecast. The
Project Manager will assume that the Contractor will react competently and
promptly to the event.
24.4 The Contractor shall not be entitled to compensation to the extent that the
Employer’s interests are adversely affected by the Contractor not having given
early warning or not having co-operated with the Project Manager.
24.5 Prices shall be adjusted for fluctuations in the cost of inputs only if provided for
in the Appendix to Conditions of Contract.
24.6 The Contractor shall give written notice to the Project Manager of his intention to
make a claim within thirty days after the event giving rise to the claim has first
arisen. The claim shall be submitted within thirty days thereafter.
Provided always that should the event giving rise to the claim of continuing
effect, the Contractor shall submit an interim claim within the said thirty days and
a final claim within thirty days of the end of the event giving rise to the claim.
25. Price Adjustment
25.1 The Project Manager shall adjust the Contract Price if taxes, duties and other
levies are changed between the date 30 days before the submission of tenders for
the Contract and the date of Completion. The adjustment shall be the change in
the amount of tax payable by the Contractor.
25.2 The Contract Price shall be deemed to be based on exchange rates current at the
date of tender submission in calculating the cost to the Contractor of materials to
be specifically imported (by express provisions in the Contract Bills of Quantities
or Specifications) for permanent incorporation in the Works. Unless otherwise
stated in the Contract, if at any time during the period of the Contract exchange
rates shall be varied and this shall affect the cost to the Contractor of such
materials, then the Project Manager shall assess the net difference in the cost of
such materials. Any amount from time to time so assessed shall be added to or
deducted from the Contract Price, as the case may be.
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25.3 Unless otherwise stated in the Contract, the Contract Price shall be deemed to
have been calculated in the manner set out below and in sub-clauses 25.4 and 25.5
and shall be subject to adjustment in the events specified thereunder;
(i) The prices contained in the Contract Bills of Quantities shall be deemed to
be based upon the rates of wages and other emoluments and expenses as
determined by the Joint Building Council of Kenya (J.B.C.) and set out in
the schedule of basic rates issued 30 days before the date for submission
of tenders. A copy of the schedule used by the Contractor in his pricing
shall be attached in the Appendix to Conditions of Contract.
(ii) Upon J.B.C. determining that any of the said rates of wages or other
emoluments and expenses are increased or decreased, then the Contract
Price shall be increased or decreased by the amount assessed by the
Project Manager based upon the difference, expressed as a percentage,
between the rate set out
in the schedule of basic rates issued 30 days before the date for submission
of tenders and the rate published by the J.B.C. and applied to the quantum
of labour incorporated within the amount of Work remaining to be
executed at the date of publication of such increase or decrease.
(iii) No adjustment shall be made in respect of changes in the rates of wages

and other emoluments and expenses which occur after the date of
Completion except during such other period as may be granted as an
extension of time under clause 17.0 of these Conditions.
25.4 The prices contained in the Contract Bills of Quantities shall be deemed to be
based upon the basic prices of materials to be permanently incorporated in the
Works as determined by the J.B.C. and set out in the schedule of basic rates
issued 30 days before the date for submission of tenders. A copy of the schedule
used by the Contractor in his pricing shall be attached in the Appendix to
Conditions of Contract.
25.5 Upon the J.B.C. determining that any of the said basic prices are increased or
decreased then the Contract Price shall be increased or decreased by the amount
to be assessed by the Project Manager based upon the difference between the
price set out in the schedule of basic rates issued 30 days before the date for
submission of tenders and the rate published by the J.B.C. and applied to the
quantum of the relevant materials which have not been taken into account in
arriving at the amount of any interim certificate under clause 23 of these
Conditions issued before the date of publication of such increase or decrease.
25.6 No adjustment shall be made in respect of changes in basic prices of materials

which occur after the date for Completion except during such other period as may
be granted as an extension of time under clause 17.0 of these Conditions.
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25.7 The provisions of sub-clause 25.1 to 25.2 herein shall not apply in respect of any
materials included in the schedule of basic rates.
26. Retention
26.1 The Employer shall retain from each payment due to the Contractor the
proportion stated in the Appendix to Conditions of Contract until Completion of
the whole of the Works. On Completion of the whole of the Works, half the total
amount retained shall be repaid to the Contractor and the remaining half when the
Defects Liability Period has passed and the Project Manager has certified that all
defects notified to the Contractor before the end of this period have been
corrected.
27. Liquidated Damages
27.1 The Contractor shall pay liquidated damages to the Employer at the rate stated in
the Appendix to Conditions of Contract for each day that the actual Completion
Date is later than the Intended Completion Date. The Employer may deduct
liquidated damages from payments due to the Contractor. Payment of liquidated
damages shall not alter the Contractor’s liabilities.
27.2 If the Intended Completion Date is extended after liquidated damages have been
paid, the Project Manager shall correct any overpayment of liquidated damages by
the Contractor by adjusting the next payment certificate. The Contractor shall be
paid interest on the overpayment, calculated from the date of payment to the date
of repayment, at the rate specified in Clause 23.30
28. Securities
28.1 The Performance Security shall be provided to the Employer no later than the date
specified in the Letter of Acceptance and shall be issued in an amount and form
and by a reputable bank acceptable to the Employer, and denominated in Kenya
Shillings. The Performance Security shall be valid until a date 30 days beyond the
date of issue of the Certificate of Completion.
29. Day works
29.1 If applicable, the Day works rates in the Contractor’s tender shall be used for
small additional amounts of Work only when the Project Manager has given
written instructions in advance for additional work to be paid for in that way.
29.2 All work to be paid for as Day works shall be recorded by the Contractor on
Forms approved by the Project Manager. Each completed form shall be verified
and signed by the Project Manager within two days of the Work being done.
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29.3 The Contractor shall be paid for Day works subject to obtaining signed Day
works forms.
30. Liability and Insurance
30.1 From the Start Date until the Defects Correction Certificate has been issued, the
following are the Employer’s risks:
(a) The risk of personal injury, death or loss of or damage to property

(excluding the Works, Plant, Materials and Equipment), which are due to;
(i) use or occupation of the Site by the Works or for the purpose of the
Works, which is the unavoidable result of the Works, or
(ii) negligence, breach of statutory duty or interference with any legal

right by the Employer or by any person employed by or contracted
to him except the Contractor.
(b) The risk of damage to the Works, Plant, Materials, and Equipment to the
extent that it is due to a fault of the Employer or in Employer’s design, or
due to war or radioactive contamination directly affecting the place where
the Works are being executed.
30.2 From the Completion Date until the Defects Correction Certificate has been
issued, the risk of loss of or damage to the Works, Plant, and Materials is the
Employer’s risk except loss or damage due to;
(a) a defect which existed on or before the Completion Date.
(b) an event occurring before the Completion Date, which was not itself the
Employer’s risk
(c) the activities of the Contractor on the Site after the Completion Date.
30.3 From the Start Date until the Defects Correction Certificate has been issued, the
risks of personal injury, death and loss of or damage to property (including,
without limitation, the Works, Plant, Materials, and Equipment) which are not
Employer’s risk are Contractor’s risks.
The Contractor shall provide, in the joint names of the Employer and the
Contractor, insurance cover from the Start Date to the end of the Defects Liability
Period, in the amounts stated in the Appendix to Conditions of Contract for the
following events;
(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
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(c) loss of or damage to property (except the Works, Plant, Materials, and
Equipment) in connection with the Contract, and
(d) Personal injury or death.
30.4 Policies and certificates for insurance shall be delivered by the Contractor to the
Project Manager for the Project Manager’s approval before the Start Date. All
such insurance shall provide for compensation required to rectify the loss or
damage incurred.
30.5 If the Contractor does not provide any of the policies and certificates required, the
Employer may affect the insurance which the Contractor should have provided
and recover the premiums from payments otherwise due to the Contractor or, if no
payment is due, the payment of the premiums shall be a debt due.
30.6 Alterations to the terms of insurance shall not be made without the approval of the
Project Manager. Both parties shall comply with any conditions of insurance
policies.
31. Completion and taking over
31.1 Upon deciding that the Works are complete, the Contractor shall issue a written
request to the Project Manager to issue a Certificate of Completion of the Works.
The Employer shall take over the Site and the Works within seven [7] days of the
Project Manager’s issuing a Certificate of Completion.
32. Final Account
32.1 The Contractor shall issue the Project Manager with a detailed account of the total
amount that the Contractor considers payable to him by the Employer under the
Contract before the end of the Defects Liability Period. The Project Manager
shall issue a Defects Liability Certificate and certify any final payment that is due
to the Contractor within 30 days of receiving the Contractor’s account if it is
correct and complete. If it is not, the Project Manager shall issue within 30 days a
schedule that states the scope of the corrections or additions that are necessary. If
the final account is still unsatisfactory after it has been resubmitted, the Project
Manager shall decide on the amount payable to the Contractor and issue a
Payment Certificate. The Employer shall pay the Contractor the amount due in
the Final Certificate within 60 days.
33. Termination
33.1 The Employer or the Contractor may terminate the Contract if the other party
causes a fundamental breach of the Contract. These fundamental breaches of
Contract shall include, but shall not be limited to, the following:
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(a) the Contractor stops work for 30 days when no stoppage of work is shown
on the current program and the stoppage has not been authorized by the
Project Manager;
(b) the Project Manager instructs the Contractor to delay the progress of the
Works, and the instruction is not withdrawn within 30 days;
(c) the Contractor is declared bankrupt or goes into liquidation other than for
a reconstruction or amalgamation;
(d) a payment certified by the Project Manager is not paid by the Employer to
the Contractor within 30 days (for Interim Certificate) or 60 days (for
Final Certificate) of issue.
(e) the Project Manager gives notice that failure to correct a particular defect
is a fundamental breach of Contract and the Contractor fails to correct it
within a reasonable period of time determined by the Project Manager;
(f) the Contractor does not maintain a security, which is required.
33.2 When either party to the Contract gives notice of a breach of Contract to the
Project Manager for a cause other than those listed under Clause 33.1 above, the
Project Manager shall decide whether the breach is fundamental or not.
33.3 Notwithstanding the above, the Employer may terminate the Contract for
convenience.
33.4 If the Contract is terminated, the Contractor shall stop work immediately, make
the Site safe and secure, and leave the Site as soon as reasonably possible. The
Project Manager shall immediately thereafter arrange for a meeting for the
purpose of taking record of the Works executed and materials, goods, equipment
and temporary buildings on Site.
34. Payment Upon Termination
34.1 If the Contract is terminated because of a fundamental breach of Contract by the

Contractor, the Project Manager shall issue a certificate for the value of the Work
done and materials ordered and delivered to Site up to the date of the issue of the
certificate. Additional liquidated damages shall not apply. If the total amount
due to the Employer exceeds any payment due to the Contractor, the difference
shall be a debt payable by the Contractor.
34.2 If the Contract is terminated for the Employer’s convenience or because of a

fundamental breach of Contract by the Employer, the Project Manager shall issue
a certificate for the value of the Work done, materials ordered, the reasonable cost
of removal of equipment, repatriation of the Contractor’s personnel employed
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solely on the Works, and the Contractor’s costs of protecting and securing the
Works.
34.3 The Employer may employ and pay other persons to carry out and complete the
Works and to rectify any defects and may enter upon the Works and use all
materials on the Site, plant, equipment and temporary works.
34.4 The Contractor shall, during the execution or after the completion of the Works
under this clause remove from the Site as and when required, within such
reasonable time as the Project Manager may in writing specify, any temporary
buildings, plant, machinery, appliances, goods or materials belonging to or hired
by him, and in default the Employer may (without being responsible for any loss
or damage) remove and sell any such property of the Contractor, holding the
proceeds less all costs incurred to the credit of the Contractor.
Until after completion of the Works under this clause the Employer shall not be
bound by any other provision of this Contract to make any payment to the
Contractor, but upon such completion as aforesaid and the verification within a
reasonable time of the accounts therefore the Project Manager shall certify the
amount of expenses properly incurred by the Employer and, if such amount added
to the money paid to the Contractor before such determination exceeds the total
amount which would have been payable on due completion in accordance with
this Contract the difference shall be a debt payable to the Employer by the
Contractor; and if the said amount added to the said money be less than the said
total amount, the difference shall be a debt payable by the Employer to the
Contractor.
35. Release from Performance
35.1 If the Contract is frustrated by the outbreak of war or by any other event entirely
outside the control of either the Employer or the Contractor, the Project Manager
shall certify that the Contract has been frustrated. The Contractor shall make the
Site safe and stop Work as quickly as possible after receiving this certificate and
shall be paid for all Work carried out before receiving it.
36. Corrupt gifts and payments of commission
The Contractor shall not;
(a) Offer or give or agree to give to any person in the service of the Employer any
gift or consideration of any kind as an inducement or reward for doing or
forbearing to do or for having done or forborne to do any act in relation to the
obtaining or execution of this or any other Contract for the Employer or for
showing or forbearing to show favour or disfavour to any person in relation to this
or any other contract for the Employer.
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(b) Enter into this or any other contract with the Employer in connection with which
commission has been paid or agreed to be paid by him or on his behalf or to his
knowledge, unless before the Contract is made particulars of any such
commission and of the terms and conditions of any agreement for the payment
thereof have been disclosed in writing to the Employer.
Any breach of this Condition by the Contractor or by anyone employed by him or

acting on his behalf (whether with or without the knowledge of the Contractor)
shall be an offence under the provisions of the Public Procurement Regulations
issued under The Exchequer and Audit Act Cap 412 of the Laws of Kenya.
37. Settlement of Disputes
37.1 In case any dispute or difference shall arise between the Employer or the Project
Manager on his behalf and the Contractor, either during the progress or after the
completion or termination of the Works, such dispute shall be notified in writing
by either party to the other with a request to submit it to arbitration and to concur
in the appointment of an Arbitrator within thirty days of the notice. The dispute
shall be referred to the arbitration and final decision of a person to be agreed
between the parties. Failing agreement to concur in the appointment of an
Arbitrator, the Arbitrator shall be appointed by the Chairman or Vice Chairman of
any of the following professional institutions:
(i) Architectural Association of Kenya
(ii) Institute of Quantity Surveyors of Kenya
(iii) Institution of Engineers of Kenya
on the request of the applying party. The choice of the institution shall be on the
agreement of both parties.
37.2 The arbitration may be on the construction of this Contract or on any matter or
thing of whatsoever nature arising thereunder or in connection therewith,
including any matter or thing left by this Contract to the discretion of the Project
Manager, or the withholding by the Project Manager of any certificate to which
the Contractor may claim to be entitled to or the measurement and valuation
referred to in clause 23.0 of these conditions, or the rights and liabilities of the
parties subsequent to the termination of Contract.
37.3 Provided that no arbitration proceedings shall be commenced on any dispute or

difference where notice of a dispute or difference has not been given by the
applying party within ninety days of the occurrence or discovery of the matter or
issue giving rise to the dispute.
37.4 Notwithstanding the issue of a notice as stated above, the arbitration of such a
dispute or difference shall not commence unless an attempt has in the first
instance been made by the parties to settle such dispute or difference amicably
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with or without the assistance of third parties. Proof of such attempt shall be
required.
37.5 Notwithstanding anything stated herein the following matters may be referred to
arbitration before the practical completion of the Works or abandonment of the
Works or termination of the Contract by either party:
37.5.1 The appointment of a replacement Project Manager upon the said person
ceasing to act.
37.5.2 Whether or not the issue of an instruction by the Project Manager is

empowered by these Conditions.
37.5.3 Whether or not a certificate has been improperly withheld or is not in

accordance with these Conditions.
37.5.4 Any dispute or difference arising in respect of war risks or war damage.
37.6 All other matters shall only be referred to arbitration after the completion or
alleged completion of the Works or termination or alleged termination of the
Contract, unless the Employer and the Contractor agree otherwise in writing.
37.7 The Arbitrator shall, without prejudice to the generality of his powers, have
powers to direct such measurements, computations, tests or valuations as may in
his opinion be desirable in order to determine the rights of the parties and assess
and award any sums which ought to have been the subject of or included in any
certificate.
37.8 The Arbitrator shall, without prejudice to the generality of his powers, have
powers to open up, review and revise any certificate, opinion, decision,
requirement or notice and to determine all matters in dispute which shall be
submitted to him in the same manner as if no such certificate, opinion, decision
requirement or notice had been given.
37.9 The award of such Arbitrator may be final and binding upon the parties, subject to
section 39 of the Arbitration act of Kenya.
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SECTION IV – APPENDIX TO CONDITIONS OF CONTRACT
Conditions of Contract Particulars of appendix to Conditions of Contract

Reference
Definitions
Clause 1.1 The Employer is:-
Name: KENYATTA INTERNATIONAL CONVENTION
CENTER (KICC)
Address: P.O. Box 30746-00100, NAIROBI
Clause 1.1 Project Manager
The Project Manager is;-
WORKS SECRETARY,
STATE DEPARTMENT OF PUBLIC WORKS
Address: P.O. Box 30743, NAIROBI
Clause 1.1 The name (and identification number) of the Contract is;-
REQUEST FOR PROPOSAL FOR PROPOSED
INSTALLATION OF PRE-FABRICATED EXHIBITION
CENTRE (SUPERSTRUCTURES), K.I.C.C GROUNDS -
NAIROBI
TENDER NO.: KICC/52/18-19

The works comprise of: The design, construction, supply,
installation of prefabricated exhibition centre and
associated electrical, mechanical, civil and external works.
Clause 1.1 The Start Date shall be: AGREED WITH THE PROJECT
MANAGER
Clause 1.1 The Site is located at KICC Grounds, and is defined in
drawings.
Interpretation
Clause 2.3 The following documents also form part of the Contract:
Documents listed in clause 2.3 conditions of contract
Other Contractors
Clause 8.1 Other Contractors, utilities etc., to be engaged by the Employer
on the Site: NONE
Work Program
Clause 13.1 The Contractor shall submit a revised program for the Works
within Seven (7No) days of delivery of the Letter of
Acceptance.
Clause 13.1 The period between Program updates is thirty (30No) days.
Clause 13.1 The amount to be withheld for late submission of an updated
Program is WHOLE CERTIFICATE
Possession of Site
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Clause 14.1 The Site Possession Date shall be AGREED WITH THE
PROJECT MANAGER.
Bills of Quantities
Clause 21.1 Bills of Quantities refers to: The bidders Bills of Quantities
Clause 21.2 Adjustment of rates because of quantity variation shall not
apply in all cases
Payment Certificates, Currency of Payments and Advance Payments
Clause 23.6 The rate of exchange for calculation of foreign currency
payments is: Not applicable
Clause 23.7 Advance Payment shall not be granted
Minimum amount of interim certificates:: N/A
Compensation Events
Clause 24.1 The following events shall also be Compensation Events:
Those listed in the conditions of contract.
Price Adjustment
Clause 25 The Price Adjustment Clause (SHALL NOT) apply
Retention
Clause 26.1 The proportion of payments retained is: Ten (10%) percent.
The Limit of Retention is: Five (5%) percent.
Clause 26.1 The Defects Liability period is 12 Months.
Liquidated damages
Clause 27 The liquidated damages for the whole of the Works is Kshs.
5,000,000 (per week or part thereof)
Securities
Clause 28.1 The Performance Security shall be for the following minimum
amounts equivalent as a percentage of the Contract Price –Five
(5%) percent
Liability and Insurance
Clause 30 The minimum insurance covers shall be;
1. The minimum cover for insurance of the Works and of
Plant and Materials in respect of the Contractor’s faulty
design is the entire contract
2. The minimum cover for loss or damage to Equipment is
Kshs 20,000,000
3. The minimum for insurance of other property is Kshs
50,000,000
4. The minimum cover for personal injury or death insurance
 For the Contractor’s employees is AS PER THE
APPLICABLE LAWS IN KENYA.
 And for other people is Kshs 20,000,000.
Completion and taking over
Clause 31.1 The Intended Completion Date for the whole of the Works shall
be: MAXIMUM OF ………… (……… No as per bidder)
WEEKS AFTER DATE OF COMMENCEMENT.
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DRAWINGS
(The complete set of drawings including Site plans (up to Schematic level) should be
inserted here or alternatively may be annexed in a separate booklet.)
The expected design output should include:
(i) Site layouts

(ii) Scheme design
(iii) Floor plans
(iv) Elevations
(v) Sections
(vi) 3-D Impression
(vii) Schedule of finishes
(viii) Specifications
(ix) Construction Technology
(x) Geotechnical Reports
(xi) Topographical survey
Construction output
(i) No. of units

(ii) Programme
SPECIFICATIONS
(The complete set of specifications should be inserted here or alternatively may be

annexed in a separate booklet.)
WORK PROGRAMME
(Bidders shall provide a comprehensive work programme and technical

information, including drawings, charts, as necessary, to comply with the
requirements. The work programme should not exceed the period for completion of
all works.)
The works programme should also show cash flow against work outputs,
individually and aggregated/cumulative.
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METHOD STATEMENT
(Bidders shall provide a comprehensive method statement showing how it intendsto

carry out the works to conform to the requirements.)
MOBILIZATION SCHEDULE
(Bidders shall provide a comprehensive mobilization schedule detailing the action

plan for the period between the award of contract and commencement of work, to
include mobilization timetable, risk registers, mobilization and deployment of
equipment and personnel.)
CONSTRUCTION SCHEDULE
(Bidders shall provide a comprehensive construction schedule detailing the series of

events or plan of actions to complete the project. The response shall identify the
critical path.)
TRANSFER OF TECHNOLOGY
(Bidders shall provide a comprehensive statement of Technology Transfer)
SPECIFICATION
BUILDING WORKS SPECIFICATIONS
1.00 GENERAL SPECIFICATIONS

(i) Climate:
(a) All buildings shall be designed to British standards and all local codes shall be
adhered to.
(b) All buildings shall be naturally ventilated and correctly oriented to ensure
adequate protection from low elevation sun. All rooms shall have natural cross
ventilation and lighting.
(c) All rooms shall have permanent ventilation system. The offerer must clearly
describe his proposal for natural ventilation.
(ii) Durability:
All materials in the tenderer’s proposal shall be rated on the following:
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(a) Density
Based on the specified foundation. The material for the superstructure shall not be
of such a density as to exceed the safe loading for the specific foundation.
(b) Strength
Materials must be capable of safety supporting their own weight and any applied
loads without distortion which would reduce the efficiency of the structure or be
unsightly.
(c) Colour texture and ease of cleaning

The material shall be of colours and textures generally accepted in the built
environment. Emphasis shall be laid on ease of cleaning the final surfaces.
Materials which are static and attract dust will be undesirable. Glittering material
will not be acceptable.
(d) Thermal properties

Maximum thermal conductivity of the constituent materials to be 0.29 W/M.K.
(e) Acoustic and Sound Transmission properties.

Materials used on wall ceiling and roof (where this also acts as ceiling) shall have
a minimum sound insulation of 23 dB at 500 Hz for a thickness of 23 mm panel.
(f) Deformation
(i) Movement caused by applied loads.
Load bearing elements included by the offered in the proposal shall be
able to withstand anticipated dead and live loads to the satisfaction of the
Project Manager.
(ii) Movement caused by change in moisture.

Materials should not expand when wet and contract when dry. This also
applies to materials within cavities.
(iii) Material should not noticeably change in size due to change in temperature.
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(iv) Stresses due to thermal and moisture changes constituent material should not
crack or buckle at temperature below 45o C.
(g) Deterioration
(i) Corrosion of Metal

Ferrous material shall not be accepted. A tenderer who offers such
material should adequately describe all protection against chemical action
accorded to their surfaces.
(ii) Sunlight Degradation

Material which degrade to noticeable levels on prolonged exposure to
sunlight will be unacceptable.
(iii) Biological Agencies

Where materials are biodegradable, the offer or must prove that the
materials have undergone adequate protection against these biological
agents such as sulphate reducing bacteria, insects and animals.
(iv) Water
Materials which are sufficiently soluble in water to preclude use in damp
situations will not be acceptable.
(v) Crystallization of salts:

Materials, that undergo effervescence, will not be acceptable.
(vi) Chemical Action:

Where the Project Manager determines that certain chemicals exist in the
environment, only material resistant to such chemicals shall be accepted
e.g. acidic soils or atmospheric acidity or areas, which receive acid rain
(vii) Loss of Volatiles:

Materials which are brittle or and shrink due to loss of volatiles will not be
acceptable. Such volatiles may be present in certain plastics, paints and
mastics.
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(viii) Abrasion and impact:
Surfaces of materials which are in areas exposed to friction should
withstand abrasion and impact to the satisfaction of the Project Manager.
(ix) Vibration:
Where the materials are in form of panels, construction should be in a
manner that reduces vibration to the satisfaction of The Project Manager.
Physical sound- induced vibration should not cause any formation of dust
on the surface of the material.
(x) Fire:
Materials specified for construction should be “not easily ignitable” as per
BS176 Part 5:1968.
Surface spread of flame should be Class ‘1’ or Class ‘0’ in accordance to
BS176 Part 6:1968. External and internal walls should have a fire
resistance of minimum 2 hours and 1 hour respectively.
On exposure to fire no material should emit poisonous gases.
(iii) Reduction of running and maintenance costs.

(a) Specification should be in such a manner as to reduce future maintenance
costs to a minimum. Most components of the building must demonstrate
multiple dismantling and reassembling qualities. Bolts and screws will be
preferred to rivets and nails.
(b) Wet areas (washroom, kitchen) shall be of high quality washable and stain
proof materials.
(c) Rainwater disposal shall be via gutter and down pipe system. Alternative
ways of avoiding splash back onto wall surface will be rated as per their
merits.
(d) Cupboards in wet areas shall be on legs mounted in such a manner as to avoid
water damage to joinery works.
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(e) Windows, window latches, pegs and peg stays will be of high quality and
particularly durable.
(f) All external doors shall be strong enough for good security to the satisfaction
of the Project Manager.
2.0 WORK SPECIFICATION

The work specification shall conform to General Specification for Building Works of 1976
Edition and Concreting Works Specification of 1974 and any other current specifications that
may be issued by Project Manager from time to time during tenure of this project.
3.0 ARCHITECTURAL SPECIFICATIONS

I) Footpaths should be provided in the site plan as necessary and the proposal should be
complete with landscaping details.
II) The drawings shall be submitted in AO size and/or sheets together with soft copies in
flash disc.
4.0 STRUCTURAL DESIGN AND DRAWING SPECIFICATIONS
Structural work shall comprise but not limited to:

4.1 Structural design and detailing based on British Standards and Kenyan Standards only
and relevant by- laws.
Concrete Works All concrete works to conform with the Code of

Practice for Design and construction BS8110
Timber Works All timber works to conform with the Code of

Practice for Structural use of Timber BS 5268
Steel Works All steel works to conform with the Code of

Practice for Structural use of Steel work in
buildings BS 5950
Concrete class Minimum Class 25/20
Maximum size for coarse aggregate 20 mm
Minimum strength of steel 460N/mm²
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reinforcement bars
Cement Strength 32.5N/mm²
Timber for roof structure Cypress Grade
Minimum strength for masonry

blocks 7N/mm²
BRC Mesh A 142
4.2 Submission of design calculations on A4 size sheets bound in one document.
4.3 The design should take cognizance of all structural aspects obtaining from the site of
proposed construction. The applicant/contractor is therefore expected to have visited the
site and ascertained the site conditions likely to affect the design.
4.4 The design should state the materials used and their qualities as to strength etc.
4.5 The design should specifically state the standards used.
4.6 All drawings should be submitted on A0 and/or A1 Sheets together with soft copies on
flash disks. Architectural drawings should also be attached. All drawings should be
properly serialized and referenced.
4 MONTHLY PROGRESS REPORT
The Contractor shall, before the tenth (10) day of each month, submit four (4) copies of a
monthly progress report in English in a format acceptable to the Project Manager detailing
the progress of the work accomplished during the preceding month. The report shall contain
but not be limited to the following:
(1) A list and description of all construction works performed during the month and an
overall updated programme both scheduled and actual progress of each work.
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(2) The total overall percentage of the Work completed as well as the projected percentage
thereof to be completed to the end of the month, and with appropriate comments to
explain any differences and how to regain any lost time or set-backs which may have
occurred.
(3) The percentage of each main work activity completed as well as the projected
percentage thereof to be completed to the end of the month.
(4) A list of quantities of each work (including temporary work) performed during the
month and illustrations showing the exact location of work done such as concrete lift
schedule.
(5) A list of major works (including temporary works) scheduled to be started within the
next one (1) month and estimated quantities thereof. If the expected starting and/or
completion dates are different from those shown on the updated programme, an
explanation is to be given.
(6) A list of local labour (in man-day by trade classification) employed during the month
and a statement about labour relations including shifts and hours of works executed and
an explanation of any actual or potential problems.
(7) A list, if any, of expatriate personnel (in man-month by position) employed during the
month.
(8) A table showing actual working hours of each item of construction equipment, a list of
stand-by equipment, and a list of unserviceable (inoperable) equipment describing
action being taken to get it back in operation.
(9) A quantity list of the Contractor's construction materials consumed or used during the
month and accumulated quantities thereof.
(10) Photographs called for in Section 3.5 hereunder.
(11) Summary of quality control tests of materials and the products performed during the
month for concrete work in permanent structures, involving numbers of performance on
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each test and contrasted fluctuations of materials and the product properties with the
specified range of their quality, including the results of both routine and check tests.
(12) A general description of the weather, listing rainfall in mm, maximum and minimum
temperatures, and river water levels accurate to 1 cm, for each day throughout the
month.
(13) A statement concerning the effectiveness of the safety/security activities including a list
of each accident involving the hospitalization and/or death of any person and a list of
any major thefts. Also a list of any accidents in which equipment was damaged to the
extent it became inoperable, and any fire which occurred.
(14) A list of the amount and date of each payment received and the amount of any monthly
invoice which has been submitted but not yet paid.
(15) A list of claims (if any) submitted during the month, including claim amounts and
extension(s) of time.
(16) A table of updated cash flow estimate.
(17) A list of the letters, drawings, and documents received from or submitted to the Project
Manager and/or Employer during the month.
5 MONTHLY EQUIPMENT REPORT
The Contractor shall submit Monthly Equipment Report as a part of monthly progress report
which lists the following information about the construction equipment:
a) List of all equipment located at the Site,
b) Daily working and operation record of each item of equipment
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6 PROGRESS PHOTOGRAPHS
The Contractor shall furnish to the Project Manager colour digital photographs of appropriate
picture resolution of the work in progress at locations directed by the Project Manager
throughout the Contract period. The photographs shall be taken at the start, during and at the
completion of each major component of the work as directed by the Project Manager.
Five prints of the photographs with soft copy in CD-ROM arranged as convenient format
using conventional software approved by the Project Manager shall be submitted together
with the applicable monthly progress report specified in Section 3.4.3 above. A brief
description and date of each photograph shall be included.
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Statement of Compliance
a) I confirm compliance of all clauses of the General Conditions, General Specifications and
Particular Specifications in this tender.
b) I confirm I have not made and will not make any payment to any person, who can be
perceived as an inducement to win this tender.
Signed: …………………………………….for and on behalf of the Tenderer
Date: ……………………..
Official Rubber Stamp: ……………………………………………………………
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GENERAL SPECIFICATIONS OF MATERIALS AND WORKS
General ...................................................................................................................................
Standard of Materials ..............................................................................................................
Workmanship ..........................................................................................................................
Procurement of Materials ........................................................................................................
Shop Drawings ........................................................................................................................
Record Drawings ....................................................................................................................
Regulations and Standards ......................................................................................................
Setting out Works ...................................................................................................................
Testing on Site ........................................................................................................................
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2.1 GENERAL
This specification is to be read in conjunction with any other information herein issued
with it. Bills of quantities and schedule of unit rates shall be the basis of all additions and
omissions during the progress of the works.
2.2 STANDARD OF MATERIALS
Where the material and equipment are specifically described and named in the
Specification followed by approved equal, they are so named or described for the
purpose of establishing a standard to which the contractor shall adhere.
Should the contractor install any material not specified herein before receiving approval
from the proper authorities, the Engineer shall direct the contractor to remove the
material in question immediately. The fact that this material has been installed shall
have no bearing or influence on the decision by the Engineer.
All materials condemned by the Engineer as not approved for use, are to be removed
from the premises and suitable materials delivered and installed in their place at the
expense of the Contractor. All materials required for the works shall be from branded
manufacturers, and shall be new and the best of the respective kind and shall be of a
uniform pattern.
2.3 WORKMANSHIP
The workmanship and method of installation shall conform to the best standard practice.
All work shall be performed by a skilled tradesman and to the satisfaction of the
Engineer. Helpers shall have qualified supervision.
Any work that does not in the opinion of the Engineer conform to the best standard
practice will be removed and reinstated at the contractor’s expense.
Permits, Certificates or Licences must be held by all tradesmen for the type of work; in
which they are involved where such permits, certificates or licences exist under
Government legislation.
2.4 PROCUREMENT OF MATERIALS
The contractor is advised that no assistance can be given in the procurement or allotment
of any materials or products to be used in and necessary for the construction and
completion of the work.
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Contractors are warned that they must make their own arrangements for the supply of
materials and/or products specified or required. Where necessary, advance payment shall
be granted as stipulated in the Appendix to Instruction to Tenderers clause 9 page A/17
2.5 RECORD DRAWINGS
These diagrams and drawings shall show the completed installation including sizes, runs
and arrangements of the installation. The drawings shall be to scale not less than 1:50
and shall include plan views and section.
The drawings shall include all the details which may be useful in the operation,
maintenance or subsequent modifications or extensions to the installation.
Three sets of diagrams and drawings shall be provided, all to the approval of the
Engineer.
One coloured set of line diagrams relating to operating and maintenance instructions
shall be framed and, mounted in a suitable location.
2.6 REGULATIONS AND STANDARDS
All work executed by the contractor shall comply with the current edition of the
“Regulations” for the Electrical Equipment of Buildings, issued by the Institution of
Electrical Engineers, Electric Power Act, Kenya Bureau of Standards (KBS), Institution
of Electrical Engineers (I.E.E) Wiring Regulations, Current recommendation of CCITT
and CCIR, and with the Regulations of the Local Electricity Authority and the
Communications Commission of Kenya (CCK)
Where the sets of regulations appear to conflict, they shall be clarified with the
Engineer.
2.7 SETTING OUT WORK
The contractor, at his own expenses, is to set out works and take all measurements and
dimensions required for the erection of his materials on site; making any modifications
in details as may be found necessary during the progress of the works, submitting any
such modifications or alterations in detail to the Engineer before proceeding and must
allow in his tender for all such modifications and for the provision of any such sketches
or drawings related thereto.
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2.9 TESTING ON SITE
The contractor shall conduct during and at the completion of the installation and, if
required, again at the expiration of the maintenance period, tests in accordance with the
relevant section of the current edition of the Regulations for the electrical equipment of
buildings issued by the I.E.E of Great Britain, the Government Electrical Specifications
No. 1 and No.2, Electric Supply Company’s By-Laws, Communications Commission of
Kenya (CCK) requirements or any other supplementary Regulations as may be
produced by the engineer.
Any faults, defects or omissions or faulty workmanship, incorrectly positioned or

installed parts of the installation shall be rectified by the contractor at his own expense.
CIVIL WORKS – TECHNICAL PROPOSAL
1.0 GENERAL:
The works involve the provision of accommodation and associated Civil-works
2.0 SCOPE:
The scope of Civil-works includes the provision of designs, documentation and construction of
the following:-
 Access Roads, Parking and associated Storm water Drainage.

 Footpaths
 Foul Water Drainage and connection to Nairobi City Council trunk sewer
Bidders to visit all the sites and ascertain, all relevant information required to design,
document and carry out the Civil-works.
All works to be in accordance with the following By-Laws and Codes of Practice among
others:-
 Relevant Local Authority By-Laws.

 Directorate of Civil Aviation By-Laws.
 Relevant Kenyan Standards.
 Relevant British Standards.
Design calculations to be submitted for approval.
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Sewers The ground shall be excavated to the lines and depths shown on the
Drawings or to such other lines and depths as the Engineer may direct.
Excavations taken out to greater depth than is necessary shall be filled in to
the required level with concrete of the appropriate class as specified for the
pipe bed at the Contractors own cost. Trenches shall be of sufficient widths
to enable the pipes to be property laid and jointed. Special care shall be taken
to provide a solid and even bed for the barrels of the pipes and, where a
concrete bed is not specified, the floor of the trench shall be properly shaped
to receive the sockets. Excavations will be considered to be from ground
level at the centre line of the pipe measured to the invert level of the pipe.
uP.V.C. uP.V.C. underground drain pipes and fittings shall be golden brown colour
Underground underground pipes and shall comply either with ISO/DIS 4435 'Unplasticised
Drain Pipes P.V.C. pipes and fittings' for buried drains or with B. S. 4660 or B. S. 5481
and to be obtained complete with coupling rings and relevant sealing
compound from an approved manufacturer and laid and jointed strictly in
accordance with the manufacturer's printed instructions.
Manholes Manholes and inspection chambers shall be constructed in accordance with

the Drawings and in the positions shown on the Drawings or as directed by
the Engineer. Benching to manhole floors shall have a minimum fall of 1 in
12 from the manhole walls and shall be finished tangentially vertical to the
bore of the channels, providing a gross channel depth not less than the
channel diameter. The intersection of the channel sides and the benching
shall be finished in a sharp curve not greater than 30mm in diameter. The
benching shall be formed of concrete, as specified, floated to a hard smooth
surface with a coat of cement-sand mortar (1:1).
Invert Block Pre-cast concrete invert blocks and side slabs shall be formed of concrete of
Drains the appropriate class specified elsewhere to the dimensions shown on the
Drawings. Each course of side slabs required in the Bills of Quantities shall
be interpreted as one complete row of side slabs to one side of the channel
concerned. Invert block drains shall be constructed in the positions and to the
levels and dimensions shown on the Drawings and laid to true line and even
fall. Invert blocks and side slabs shall be laid on a 75mm minimum thickness
of compacted murram and be neatly jointed with cement-sand-mortar (1:3)
as the work proceeds.
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SOFT LANDSCAPING SPECIFICATIONS
GENERAL ITEMS
1.0 SITE PREPARATIONS
2.0 PLANT MATERIALS
3.0 LABOUR-FORCE & WORKMANSHIP
4.0 PLANTS INSTALLATION (PLANTING)
5.0 PLANTS MAINTENANCE
1.0 SITE PREPATIONS:
 Site Inspection
The Bidder shall be deemed to have visited the site and familiarized him/herself with the nature
and position of the site, site conditions e.g. soils to be excavated and the amount of rubbish or
debris to be cleared away before commencement. No claim will be allowed for traveling or other
expenses which may be incurred by the Bidder in visiting the site.
 Site Clearance
Site clearance shall include clearing the site of all debris, rubble, deleterious material, rubbish,
unwanted bushes, undergrowth vegetation, as well as grubbing up old roots and removal of the
mentioned stuff from site, i.e. carting away from the site.
 Site Excavation
Overall site excavations shall be executed by ploughing or hoeing, and are to be carried out to an
average depth of 150mm, as described in the Bills of Quantities. The Project Manager may
however order deeper excavations where site conditions dictate.
 Grading and Levelling

Grading and levelling of planting areas shall involve both rough and fine grading.
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a) Rough Grading
This shall entail breaking excavated soil lumps and freeing the soil of turf, weeds, rubbish,
stones, debris, rubble, sticks, roots and any deleterious material excavated from the site. It shall
also include levelling the soil and collecting the aforementioned waste together and carting away
from site.
b) Fine Grading
Upon completion of rough grading, the Bidder shall perform all fine grading required, as
described in planting areas and shall include raking and fine levellingof the ground ready to
receive a mixture of red soil and farmyard manure. The Bidder must ensure that all natural slopes
of the land avoid any dishing or other depressions where water may collect.
 Soil Preparation
This shall involve mixing of top/red soil and farmyard at specified ratios ready for application on
planting areas and pits.
 Top/Red Soil
Imported top/red soil shall be fertile and sourced from depths not exceeding 600mm. It shall be
free of stones, debris, rubble, roots, sticks, grass, weeds and any deleterious material. No soils
shall be used on the gardens until they are approved by the Project Manager. Accordingly, soils
that do not meet the above-mentioned conditions shall be rejected and removed from site at the
Bidder’s cost.
 Farmyard Manure
Manure to be used in the garden/planting areas and pits shall be well rotten, matured with no
domestic refuse or waste foods, and be approved by the Project Manager.
 Preparation of Red soil/ Manure Mixture

Mix red soil and farmyard manure at ratios 4:1 and apply the mixture on all planting areas at
average depths of 100mm. The Bidder shall however increase soil depth to an average depth of
150mm where rock outcrops or murram occur.
118
 Spreading of Soil Mixture
Spread the soil mixture evenly all planting areas to attain a uniform or the required level. In grass
areas the level of topsoil is to be 25 mm above all paved edges below the finished floor level of
buildings where directly abutting the walls.
 Finishing Grading
The Bidder shall grade the topsoil to the approved standard. All subsoil will be broken up as
described and the Bidder must remove from site all stones, debris, roots, timber and any other
foreign objects larger than 100mm in any dimension which might be uncovered.
Final grading and levelling of the top is to be executed by raking to ensure a fine and true
specified level and slope; and also to avoid dishing or other depressions where water may collect.
Under no circumstances must the Bidder carry out these works when the soil is in a saturated or
unworkable condition.
The Bidder is also to check that the reduced levels in all planting areas are satisfactory prior to
commencing any landscape works.
All raised planters shall be backfilled with specified top-soil and manure mix to within 50mm of
the planter top. The backfill must be free of any roots, construction waste materials e.g. cement,
stones etc, and/or any other foreign objects larger than 100mm in any dimension.
 Pits Excavation
Pits for installation of plant materials (Groundcovers, Shrubs and Trees) are to be excavated as
described or outlined in the Bills of Quantities. The Project Manager may instruct larger tree pits
to be dug where site conditions require.
No pits shall be dug until final tree positions have been pegged out and positions agreed by the
Project Manager.
Depending on root container’s size the pits may need to be larger. The pits are to be excavated
and all debris, builders’ rubble and weeds removed. The base of the pit must be loosened to
150mm depth to allow penetration of moisture
119
Any sub-soils arising from the landscape operation, such as shrub/tree pit excavations, etc must
be deposited where directed by the Project Manager.
 Damage to Existing Fixtures

The Bidder is advised to exercise precautionary measures while carrying out his/her operations
so as not to damage any site fixture.
In the event of damage to any part of the works or existing fixture on site, the Bidder shall
immediately make all repairs and replacements necessary to the approval of the Project Manager
and at no additional cost to the client.
2.0 PLANT MATERIALS:
 Grass Seedlings/ Cuttings

All grass seedlings or cuttings shall be true to name as specified in the Bills of Quantities and
shall be free from any weeds or foreign grass. The Bidder shall avail enough grass to cover all
lawn designated areas.
 Plant Materials
The Bidder shall provide all plant materials as indicated on the drawings and in the plant quantity
section of the Bills of Quantities. The documents submitted by the Bidder shall mention all
plants not available and the sizes, species or quantity available as scheduled at the time of
tendering.
 Other Plant Materials

The Bidder subject to the approval of the Project Manager shall select all plant materials, not
specifically described but required for a complete installation.
 Plant Condition and Size

Plants shall conform to normal habit of the particular species, and the Project Manager shall
approve their variety and plant size. Plants shall conform to measurements and requirements
specified here and/or in the plant list.
120
 Sizes of groundcovers shall be approved individually but shall generally be mature
enough for transplanting.
 Sizes of shrubs and herbaceous plants will be approved individually but all tall growing
shrubs shall be at a minimum height of 600mm at planting time.
 Trees indicated in the drawings shall be at a minimum of 2000mm in height at time of

planting.
 Sample Plant Materials

The Bidder shall on request, deliver to the site and at his/her own cost, samples of all plants to be
planted. This shall be done sufficiently in advance for Project Manager’s approval.
 Quality of Plant Materials

All plants delivered to site for planting shall be of good health, qualities and kinds specified
herein and equal to the approved samples. The plants shall therefore be true to name; and in all
cases, botanical names shall take precedence over common names except where botanical names
are not used.
 Inspection of Plant Materials

All plant materials delivered to the site should be in their original containers and should be intact
at the time of inspection prior to commencement of planting.
No plant materials shall be planted until fully inspected and approved by the Project Manager.
Consequently, all plant materials which are not approved i.e. those which are not true to name, or
might be damaged or of low quality or have deteriorated in any way or do not comply in any way
with the requirements of this specification, shall be rejected and shall be immediately removed
from the site at the Bidder’s expense.
 Storage /Maintenance of Plant Materials

The Bidder shall use all means necessary to protect grass and other plant materials before,
during, and after installation.
121
Immediately upon delivery of plant nursery stock to the site and its approval by the Project
Manager, the Contactor shall heel-in all bare roots and balled material with damp soil to protect
from sun and wind effect.
The Contactor shall then regularly water all nursery stock in containers, and place them in a cool
area protected from sun and dry winds.
 Shrub/Tree Support
The Bidder shall provide eucalyptus stakes 30mm to 50mm thick or rough-sawn tree stakes, of
thickness 50mm x 50mm for the support of the shrub or tree.
The height of the stake should be no less than 600mm higher than the shrubs/tree and should go
into the ground at least 600mm deep. All trees to have two number ties each fixed to approved
methods and standards.
 Existing Trees and Shrubs

Existing trees on site shall be retained at Project Manager's discretion with client's approval.
Thus the Bidder shall NOT cut down or remove any shrubs and trees unless where directed by
the Project Manager.
The Bidder shall further be held responsible for any damage caused by his/her operations to
shrubs and trees on site.
3.0 LABOUR-FORCE & WORKMANSHIP:
 Qualification of Workmen/ Workwomen

Generally the Bidder shall provide enough and competent workforce so as to accomplish
landscaping task within stipulated time schedule. The workers shall at least have some basic
knowledge in landscaping particularly in soil preparation/leveling, plants care/maintenance, and
installation.
The Bidder must however provide at least one person who shall be present at all times during
execution of the work. He/she shall be thoroughly familiar with the type of materials being
installed and must be conversant with the proper methods of their installation, and shall direct all
work performed on site under this section.
122
 Workmanship/Applicable Standards
The Bidder shall provide materials which must meet or exceed the specified quality and
standard. Proof of such quality and standard will be in the form of certified copies of reports on
tests conducted by testing agency approved for that purpose by the Project Manager before
use.
The Project Manager reserves the right to reject items incorporated into the work that fail to meet
the specified minimum requirements.
The Project Manager further reserves the right without prejudice to other recourse to accept non-
complying items subject to an adjustment in the contract amount as approved by the Project
Manager and the client. The Bidder will provide specified standards associated with known
agencies and organizations.
4.0 PLANTS INSTALLATION (PLANTING):
 Planting Areas
The Bidder is requested to examine all areas and conditions under which landscaping work is to
take place, correct conditions detrimental to the works and not to proceed until unsatisfactory
conditions have been corrected.
4.1 PLANTING OF GRASS
 Ground Preparation
All areas to be grassed shall be cleared of all rubbish including; soil lumps, stones, debris,
rubble, sticks, roots and any deleterious material, and dug up to a depth of 150 mm. The said
areas shall also be free of weeds and brought up to a fine tilth before grass seedlings or cuttings
are planted.
Where outcrops of rock or murram occur, these will be covered with suitable soil to a depth of
150 mm before any grassing takes place.
123
 Grassing
All grass seedlings or cuttings to be planted should be free from any weeds and foreign grass.
Water the ground thoroughly and allow the soil to settle for three days before commencement of
planting. Plant the seedlings and/or cuttings 100mm deep and 100mm apart as outlined in the
Bills of Quantities.
 Maintenance of Grass
The Bidder shall, during the period of the Contract, water, weed and tend well the whole grassed
area till grass is well established or until they are handed over at the end of the defects liability
period.
Two to three weeks after planting of grass, and in the opinion of the Project Manager to have
established, all areas planted with grass are to be rolled and cross rolled with a lightweight roller
and again two weeks later. This operation must not take place when the ground is in a saturated
condition.
After the Project Manager has approved the grass has fully established and taken root it will be
maintained at a maximum height of 50mm for the duration of the contract period.
Areas where grass fails to establish uniformly shall be replanted with grass cuttings at the
Bidder’s expense and maintained until all the designated areas are covered with grass. The
Bidder shall properly water, mow, edge trim and otherwise maintain the grass until acceptance
and handover of the contract areas.
 Watering of Grass
Although the planting programmes for plants and grass to be coincident with rainy seasons, the
Bidder will be required to water all grassed areas daily or as necessary or as directed by the
Project Manager.
Newly – planted grass must be watered daily and twice a week thereafter. This should be done
before 9.30 am and/or from 4.00 pm during the hot seasons.
124
4.2 PLANTING OF GROUNDCOVERS, SHRUBS & TREES
 Plant Inspection
In addition to the normal progress inspections schedule, the Bidder shall conduct the following
formal inspections with the Project Manager:
i) Inspection of all plants in container prior to planting.
ii) Inspection of plant locations, to clarify compliance with the drawings.
iii) Final inspection after completion of planting. This inspection may be conducted within
24 hours after completion of planting.
iv) Final inspection at the end of the maintenance period provided all previous deficiencies
have been rectified.
4.2.1 PLANTING OF GROUNDCOVERS
 Ground preparation
Rake soils smooth and free from all soil lumps, stones, debris, rubble, sticks, roots and any
deleterious material.
 Planting/Installation of groundcovers
Space the ground cover evenly at 300mm centre to centre as indicated on the drawings. The
Bidder may however be required to adjust or vary planting distances as advised by the Project
Manager.
Planting holes should generally be 300mm in diameter by 350 to 500mm in depth as indicated in
the Bills of Quantities.
Ensure that the planting medium (soil/manure mixture) is moist but friable, never wet or soggy.
In case of planting in the open on hot days, shorten the time between planting and watering.
125
4.2.2 PLANTING OF SHRUBS AND TREES
 Excavation of Planting Pits

Provide planting holes or pits of the following dimensions:
i) Shrubs: For shrubs provide planting holes 600mm diameter by 600mm deep.
ii) Trees: For trees and large shrubs provide holes 1000mm in diameter by 1000mm deep.
The Project Manager may instruct larger tree or shrub pits to be dug where site conditions
require or depending on root container size of the shrub or tree to be installed. The pits are to be
excavated and all debris, builders’ rubble and weeds removed.
NB: The Bidder shall generally ensure that excavation work will not interfere with or damage the
existing cables, pipes or other services above or below ground levels. Any damage to the
existing services caused by the Bidder shall be rectified at his/her expense. Set out dimensions
should be followed wherever possible.
 Planting/Installation of Shrubs & Trees

Prior to installation of the tree/shrub, the Bidder shall loosen the base of the pits to a depth of
150mm to allow penetration of moisture.
He/she shall also provide strong bamboo stakes or any approved equal, adequate in thickness for
each tree and generally between 30mm and 50mm diameter. The height of each stake should be
no less than 600mm higher than the shrub/tree. These should be driven into the base of planting
pits or holes before backfilling though can also be driven into the planting pit after
backfilling/planting but the stakes should go into the ground at least 600mm deep. Care must
however be exercised so as not to damage the tree while driving in the stake into the ground.
Fill to proper height with the specified red-soil and manure mixture in the ratios prescribed by
the Project Manager and water well, and then allow the same to settle for 3 days before planting.
126
 Setting of Shrubs and Trees
Partially dig out some backfill mixture from each backfilled tree/shrub pit to allow for placement
of the shrub/tree. The partially dug out pits should have a sufficient width and depth adequate to
accept the shrub/tree root ball.
Carefully remove the root ball from its container so as to cause minimum disturbance to the
fibrous roots and set plant in upright position in the center of partially dug out pits, and then
compact the backfill mixture around the root ball. Ensure that the shrubs/trees are planted at the
same depth at which they were previously growing. Accordingly, ensure that the stem base is
slightly above ground level, in order to allow for any latent settlement. Further, the Bidder will
be required to make any necessary adjustments to plants in order to correct any sinkage or effects
due to weather conditions.
Thoroughly water each plant when the pit or hole is 2/3 full. After watering, completely backfill
each shrub or tree pit and tamp the soil in place until the surface of the backfill is level with the
surrounding areas. Clear up any excess topsoil/manure mixture for re-use elsewhere on the site.
Build up a temporary-watering basin or ‘’saucer’’ around the base of each tree and shrub to
allow for optimal water flow towards roots. Place a layer of 50mm dried grass leaf cutting over
the soil in the prepared ‘’saucers’’ and cover that whole area to reduce moisture loss during hot
weather.
Securely tie the shrub or tree firmly to the bamboo stakes or any approved equal with strong
band near the top of the stakes with Hessian wrapped around the tree stem. All trees/shrubs to
have two number ties each fixed to approved methods and standards. The Bidder must ensure
that the stake does not chafe or scratch the tree stem, especially in windy conditions.
 Watering of Installed Plants

Planting programmes for all plants is generally to coincide with rainy seasons. Nevertheless, the
Bidder will be required to water all planting areas including backfilled tree pits and shrub beds as
necessary or as directed by the Project Manager. This is critical especially during planting
operations.
During the hot seasons watering should be carried out before 9.30 am and / or from 4.00 pm.
127
5.0 LANDSCAPE MAINTENANCE:
 Maintenance Period
The Bidder shall maintain all planting, starting with the planting operations and continuing
through to the maintenance period after all planting is complete and approved by the Project
Manager. The maintenance period shall be six (6) months from the date of practical completion.
 General Maintenance Practices
Generally, the Bidder shall keep planted or landscaped areas neat, attractive and free of weeds
and diseases during the maintenance period.
a) Grass
The grass should be mown regularly during the growing season. In dry season mow to 50 mm in
heights and in the wet season mow to 25mm in height.
It shall also be weeded regularly to prevent it from being choked by weeds. The edges of the
lawn must be trimmed and kept tidy to prevent the grass from creeping into shrub beds. This
shall be done with edging shears and not a panga. The lawn should meet shrubs with no expanse
of bare soil in between.
b) Groundcovers, Shrubs and Trees

Maintenance work for these categories of plants shall entail but not limited to watering, weeding,
and control of insects, fungus and other disease. This shall be done by the means of spraying
with an approved insecticide and other fungicide in order to keep the plant materials in a healthy
growing condition.
The Bidder shall also provide all equipment and means for carrying out maintenance work
including hose pipes for proper application of water to those areas not equipped with any
watering systems. He/she shall further protect all planted areas against damage, including erosion
and trespassing, by providing and maintaining proper safeguards.
128
 Special Maintenance Practices
a) Shrubs & Trees
 Pruning and Repairs
Upon completion of planting work on the contract, shrubs/trees may be pruned and any injuries
repaired, where necessary. The amount of pruning shall be limited to the minimum necessary to
remove dead or injured twigs and branches and compensate for the loss of roots as a result of
transplanting operations. Pruning shall be done in such a manner as not to change the natural
habit or shape of the trees.
All cuts should be made flush leaving no stubs. On all cuts over 75 mm diameter and on bruises
or scars on the bark, the injured cambium shall be smoothed and shall be so as living tissue and
removed. Wounds shall be smoothed and shall be so as not to retain water and the treated area
shall be coated with Arbex or other approved tree wound paint.
b) Grass
 Top Dressing
This is to be done in April after the first rains and to be repeated in October after the start of the
rains.
Apply a top dressing of 4 part red topsoil and half-clean sand (well mixed together) to the lawn
to a depth of half inch.
Rake top dressing over lawn and use it to fill any uneven patches. If there is no rain, water
heavily after the application. Repeat top dressing application in October after the start of the
rains.
 Application of Compound Fertilizer
In June / July, apply a compound chemical fertilizer (20-10-10) and bone meal mixed together.
This can be done by hand at a rate of 2 tablespoons per square meter.
 Application of Ammonium Sulphate

Every two to three months apply Ammonium Sulphate at a rate of 1 tablespoon per square meter
and then water thoroughly after application.
129
NOTE: Heavy watering after application of fertilizer is essential to prevent “burning”.
 Aeration
Apply a layer of coarse sand 5mm deep in March to improve aeration. Spike the lawns with a
spiked roller to aerate the lawn, holes should be spaced 100mm apart throughout the whole lawn.
Do not spike in very wet weather or very dry weather.
 Replacement of Dead Plants

At the end of the maintenance period, all plant material shall be in a healthy growing condition.
In the event of any probability of drying, immediately replace the affected plant with a new and
healthy one of the same type and size, without any additional cost to the Employer/Client.
 Extension of Maintenance Period

The Bidder will be expected to continue with the maintenance at no additional cost to the
employer until all previously noted deficiencies have been rectified, at which time the final
inspection will be carried out and landscaped areas handed over to the Client.
130
4.5 STANDARD FORMS
Form Page
(i) Form of Tender 158
(ii) Letter of Acceptance 159
(iii) Form of Agreement 160
(iv) Form of Tender Security 162
(v) Performance Bank Guarantee 163
(vi) Tender Questionnaire 164
(vii) Confidential Business Questionnaire 165
(viii) Schedule of Plant and Equipment 167
(ix) Joint Venture Summary 168
(x) Details of Contracts of similar nature and complexity 167
(xi) Schedule of ongoing contracts 169
(xii) Personnel Capabilities 170
(xiii) Litigation History 171
(xiv) Bank Guarantee for Advance payment 172
(xv) Certificate of tenderer visit to site 173
(xvi) Details of subcontractors 174
(xvii) Key Personnel 175
(xviii) Form of written Power of Attorney 176
(xix) Declaration Form 177
131
FORM OF TENDER
[Date]
TO:
_______________________________[Name of Employer]
_______________________________[Name 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]
2. We undertake, if our tender is accepted, to commence the Works as soon as is reasonably

possible after the receipt of the Project Manager’s notice to commence, and to complete
the whole of the Works comprised in the Contract within the time stated in the Appendix
to Conditions of Contract.
3. We agree to abide by this tender until [inset date],

and it shall remain binding upon us and may be accepted at any time before the date.
4. Unless and until a formal Agreement is prepared and executed this tender together with
your written acceptance thereof, shall constitute a binding Contract between us.
5. 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
[Name of Contractor]
of [Address of Contractor]
132
DULY AUTHORIZED TO SIGN TENDERS FOR AND ON BEHALF OF
Witness; Name
Address
Signature
Date
133
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.
Authorised Signature ……………………………………………………..
Name and Title of Signatory ……………………………………………
Attachment: Agreement
134
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 WITNESSETH 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) Letter of Acceptance
(ii) Form of Tender
(iii) Conditions of Contract Part I
(iv) Conditions of Contract Part II and Appendix to Conditions of Contract
(v) Specifications
(vi) Drawings
(vii) Priced Bills of Quantities/Priced Schedule of Rates[whichever is applicable]
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.
135
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____________________________________
136
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
2. If the tenderer, having been notified of the acceptance of his tender by the Employer
during the period of tender validity:
(a) fails or refuses to execute the form of Agreement in accordance with the
Instructions to Tenderers, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the
Instructions to Tenderers;
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]
137
PERFORMANCE BANK GUARANTEE
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 recognized 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.
138
TENDER QUESTIONNAIRE
Please fill in block letters
1. Full names of tenderer
……………………………………………………………………..
2. Full address of tenderer to which tender correspondence is to be sent (unless an agent has
been appointed below)
……………………………………………………………………….
3. Telephone number (s) of tenderer
………………………………………………………………………
4. Telex address of tenderer
……………………………………………………………………..
5. Name of tenderers’ representative to be contracted on matters of the tender during the

tender period
………………………………………………………………………
6. Details of tenderer’s 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]
139
CONFIDENTIAL BUSINESS QUESTIONNAIRE
You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or
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 Licencee No……………… Expiring date…………………
Maximum value of business which you can handle at any time: K.

Pound (K£)………………………..
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 …………………………………………………………………………
140
Part 2(c ) - Registered Company:
Private or public ……………………………………………………………..
Issued Kshs. ………………………………………………………………
Give details of all directors as follows
Name in full Nationality Citizenship Details Shares

1 …………………………………………………………………………
2 …………………………………………………………………………
3 …………………………………………………………………………
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] [Date]
* Attach proof of citizenship
SCHEDULE OF PLANT AND EQUIPMENT

OWNERSHIP
ticulars Type/Rating Serial No. Year of Where Value Owned SR. No. To Hire; Give Hire Purchases:
Each & Reg. Manufacturer made & Reg. No. Must name of owner Give Details as
t No. be given and address stated at the foot
note
141
Note
* Details of each machine/equipment in more than one of the same make or type must be
given separately. Items to be imported pursuant to clause 48 of the conditions of contract
to be indicated together with seller’s name, address and CIF value. Details of proposed
hire or hire purchase to be submitted giving names and address of hiring/selling party and
serial number/engines number
* Before the award of Contract, the Engineer or his representative may carry out physical
verification of the availability of the plant and equipment listed on the schedule.
JOINT VENTURE SUMMARY
Names of all partners of a joint venture
1. Lead partner
2. Partner
3. Partner
4. Partner
5. Partner
6. Partner
Total value of annual construction turnover, in terms of work billed to clients
Annual turnover data (Construction only Kshs.)
Partner Form Year 1 Year 2 Year 3 Year 4 Year 5

2Page no.
1. Lead Partner
2. Partner
3. Partner
142
4. Partner
5. Partner
6. Partner
Totals
DETAILS OF CONTRACTS OF SIMILAR NATURE AND COMPLEXITY
Name of Firm or partner of a joint venture
Use a separate sheet of each contract
1. Number of contract
Name of Contract
_________________________________________________________________
2. Name of employer
3. Employer address
4. Nature of works and special features relevant to the contract
5. Contract role (check one)

* Sole contract * Management contractor * Subcontractor * Partner
in a joint venture
6. Value of the total contract/subcontract/partner share (in specified currencies at
completion, or at date of award for current contracts)
Currency Currency
7. Value Kshs
8. Date of award
9. Date of completion
10. Contract/subcontract duration (years and months)
143
--------- Years --------- months
11 Specified requirements
_______________________________________________________________________
SCHEDULE OF ONGOING CONTRACTS
Name of Firm or Partner of a joint venture
Firms and each partner to an application should provide information on their current
commitments on all contracts that have been awarded, or for which a letter of intent or
acceptance has been received, or for contracts approaching completion, but for which an
unqualified, full completion certificate has yet to be issued.
Name of contract Value of outstanding work Estimated completion date

(Kshs.)
1.
2.
3.
4.
5.
6.
144
PERSONNEL CAPABILITIES
Name of Firm
For specific positions essential to contract implementation, Firms should provide the names of at
least two candidates qualified to meet the specified requirements stated for each position. The
data on their experience should be supplied in separate sheets.
1. Title of position*
Name of prime candidate
Name of alternate candidate
_____________________________________________________
_____________________________________________________
______________________________________________________
______________________________________________________
145
LITIGATION HISTORY
Name of Firm or Partner of a joint venture
Firms, including each of the partners of a joint venture, should provide information on any
history of litigation or arbitration resulting from contracts executed in the last five years or
currently under execution. A separate sheet should be used for each partner of a joint venture
Year Award FOR or Name of client, cause Disputed amount

AGAINST Firm of litigation and matter (current value,
in dispute Kshs.)
1.6 Statement of compliance with the requirements of Clause 1.2 of the Instructions to
Tenderers.
_______________________________________________________
1.7 Proposed program (work method and schedule) in compliance with requirement of clause
1.3 of the Instructions to Tenderers. Descriptions, drawings and charts, as necessary, to
comply with the requirements of the tendering documents.
146
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 thereunder 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 ______________________________
147
Address ______________________________________________________________
Date _________________________________________________________________
Witness: Name: ____________________________________________________
Address: __________________________________________________
Signature: ________________________________________________
Date: _____________________________________________________
148
CERTIFICATE OF TENDERER’S VISIT TO SITE
This is to certify that
[Name/s] ……………………………………………………………………
……………………………………………………………………………..
Being the authorized representative/Agent of [Name of Tenderer]
………………………………………………………………………………
………………………………………………………………………………..
participated in the organized inspection visit of the site of the works for the [Name of
Contract]…………………………………………………………..
………………………Day of …………. …………………….20 ………..
Signed ………………………………………………………………………..
[Employer’s Representative]
………………………………………………………………………………...
NOTE: This form is to be completed whether the site visit is made at the time of the organized
site or privately organized.
149
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. The sub-contractors
must be registered in their respective fields and in the relevant class/category
Failure to comply with this requirement may invalidate the tender,
(I) Portion of Works to be sublet:
…………………………………………………………………..
(II) Full name of Sub-contractor and address of head office:

…………………………………………………………………….
…………………………………………………………………….
(III) Sub-contractor’s 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-contractor’s experience of similar works carried out in the last 3 years with
contract value:
…………………………………………………………………
………………………………………………………………..
[Signature of Tenderer] [Date]
150
KEY PERSONNEL
DESIGNATION NAME NATIONALITY SUMMARY OF

QUALIFICATIONS AND
EXPERIENCE
Headquarters
1. Directors
2.
3.
4.
5.
etc.
Site Office:
1. Site Superintendent
2.
3.
4.
5.
etc.
I certify that the above information is correct
………………………. …………………… ………………

[Title] [Signature] [Date]
151
FORM OF WRITTEN POWER-OF-ATTORNEY
The Tenderer consists of a joint venture shall state here below the name and address of his
representative who is authorized to receive on his behalf correspondence in connection with the
Tender.
………………………………………………………………………
[Name of Tenderer’s Representative in block letters]
………………………………………………………………………..
[Address of Tenderer’s Representative]
………………………………………………………………………..
[Signature of Tenderer’s Representative]
152
DECLARATION FORM
Date
To
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)
153
FINANCIAL CAPABILITY
Name of Firm or partner of a joint venture
Firms, including each partner of a joint venture, should provide financial information to
demonstrate that they meet the requirements stated in the Instructions to Bidders. Each firm or
partner of a joint venture must fill in this form. If necessary, use separate sheets to provide
complete banker information. A copy of the audited balance sheets should be attached.
Name of banker
Banker
Address of banker
______________________________________________________
Telephone Contact name and title
Fax Telex
Summarize actual assets and liabilities in Kenya Shillings for the previous five years. Based
upon known commitments, summarize projected assets and liabilities in Kenya Shillings for the
next two years, unless the withholding of such information is justified by the Firm to the
satisfaction of the Employer.
Financial Actual Projected:

Information previous five years next two months
In Kshs.
1. 2. 3. 4. 5. 6
1. Total assets
2. Current assets
3. Total liabilities
4. Current liabilities
154
Financial Actual Projected:
Information previous five years next two months
In Kshs.
5. Profits before taxes
6. Profits after taxes
Specify proposed sources of financing to meet the cash flow demands of the Project, net of
current commitments
Source of financing Amount (Kshs.
1.
2.
3.
4.
Attached audited financial statements for the last five years (for the individual Firm or each
partner of a joint venture).
Firms owned by individuals, and partnerships, may submit their balance sheets certified by a
registered accountant, and supported by copies of tax returns, if audits are not required by the
laws of their countries of origin.
155
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 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 ____________________________
156
Address ______________________________________________________
Date _________________________________________________________
Witness : Name _______________________________________
Address _______________________________________
Signature ______________________________________
Date ______________________________________
157
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
158
SPECIAL PRELIMINARIES (Cost to be factored in Bid Price)
Item DESCRIPTION Kshs. Cts
TRAINING OF THE NEW TECHNOLOGY
A Allow for a provisional sum of Kenya Shillings Ten Million (Kshs 10,000,000.00)
for Training of Clients and Project Consultants Staff during the whole period of the
contract, to be used at the discretion of the Project Manager 10,000,000 00
PROJECT ADMINISTRATION AND MANAGEMENT EXPENSES

B
Allow for a provisional sum of Kenya Shillings Eight Million (Kshs 8,000,000.00) to
cater for Project Administrative and Management Expenses during the whole period of
the contract, to be used at the discretion of the project manager 8,000,000 00
159

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REPUBLIC OF KENYA

THE KENYATTA INTERNATIONAL

REQUEST FOR PROPOSAL (RFP) FOR PROPOSED DESIGN

[OPEN INTERNATIONAL BIDDING]

TENDER NO: KICC/52/18-19

THE CHIEF EXECITIVE OFFICER

The project Manager:

COMPETITIVE BIDDING FOR THE

SECTION I INVITATION TO TENDER 5

SECTION IIBACKGROUND AND PRELIMINARY

SECTION III INSTRUCTIONS TO TENDERERS/BIDDERS 15

SECTION IV TECHNICAL PROPOSAL 49

SECTION V CONDITIONS OF CONTRACT 81

SECTION V1 APPENDIX TO CONDITIONS OF CONTRACT 106

INTERNATIONAL COMPETITIVE BIDDING

Tender No.: KICC/52/18/19

Tender Name: REQUEST FOR PROPOSAL FOR PROPOSED INSTALLATION OF

SECTION II - BACKGROUND AND PRELIMINARY INFORMATION

1.3 Completed tenders should be submitted accompanied by a tender security issued by a

Head of Supply Chain Management Services

2.0 DELIVERY PROJECTION

3.0 DELIVERY SPREAD

4.0 DELIVERY MODEL

5.0 IDENTIFIED LAND

a. Sub structure and Civil/earth works

7.0 SCOPE OF THE WORKS

PREFABRICATED HALL MEASURING 175MX65M WIDE AND 7.5M HEIGHT. In

 Frame should be made out of extruded aluminium structural profiles.

 The reinforced concrete floor should have cassette flooring finish.

 The hall should have provision for ablution facilities.

 The structure should have lightning arrestors installed.

DOUBLE STOREY ALUMINIUM STRUCTURE WITH TERACE ON LEVEL 2

 Stairways: The building (Manhattan) should have a stairway(s).

 Lining Flame resistant

 External lighting 15 halogen lights 500W, 10HQI Flood lights

 Electricity to be provided with 50 points for sockets and data

 Metal Detectors- To be installed

 Provision for toilets for people with disabilities.

Clause Numbers Description Page

3.5 Contents of Tender Documents………………………. ....................... 18

E TENDER OPENING AND EVALUATION

3.2 Eligibility and quantification of tenders

(d) Details of subcontractors to whom it is proposed to sub-contract any portion of

(h) Valid Bid Bond

3.4 Site Visit

3.5 Contents of Tender documents

SECTION IV - “TECHNICAL PROPOSAL” consists of:-

(a) Instructions to bidders

SECTION V “FINANCIAL PROPOSAL” consists of:-

(a) Form of tender

3.6 Inquiries by tenderers

3.7 Amendment of Tender Documents

3.8 Language of Tender

3.9. Documents Comprising the Tender

3.10 Tender Prices

3.11 Currencies of Tender and Payment

3.12 Tender Validity

3.13 Tender Security

3.13.5 The Tender Security may be forfeited.

(b) in the case of a successful tenderer, if it fails

(i) to sign the Agreement, or

(ii) to furnish the necessary Performance Security

3.15 Pre-Tender Meeting

3.15.1 If a pre-tender meeting is convened the tenderers’ designated representative is invited to