Republic of Kenya: County Government of Busia

REPUBLIC OF KENYA
COUNTY GOVERNMENT OF BUSIA
DEPARTMENT OF PUBLIC WORKS, ROADS, TRANSPORT AND

ENERGY
PROPOSED CONSTRUCTION OF KAMOLO CATTLE DIP-OPARE PRIMARY

SCHOOL CULVERT FOOTBRIDGE AND ASSOCIATED WORKS –MALABA
SOUTH WARD
FOR
THE COUNTY GOVERNMENT OF BUSIA
WP ITEM No. PW/SD/003/2018/2019
TENDER NO: BSA/CG/PWRT/251/2018/2019

IFMIS NEGOTIATION NUMBER: 702322
BILLS OF QUANTITIES
Prepared by:- Issued by:-
COUNTY STRUCTURAL ENGINEER COUNTY WORKS OFFICER

DEPT.OF PUBLIC WORKS, ROAD & ENERGY DEPT. OF PUBLIC WORKS ROADS & ENERGY
P.O. BOX 470-50400 P.O. BOX 470-50400
BUSIA BUSIA.
CHIEF ELEC/MECH ENGINEER CHIEF ENGINEER(STRUCTURAL)

MIN.OF LANDS,HOUSING &URB.DEV. MIN.OF LANDS,HOUSING &URB.DEV.
P.O. BOX 30743 P.O. BI NAIROBI
September , 2018
REPUBLIC OF KENYA
CONTENTS
CONSISTING
A. Contents page (i)
B. Signature and Special Note page (ii-iii)
C. Standard Tender Documents for Procurement of Works. STD/1 to STD/46
D. Particular Preliminaries PP1 to PP7
E. General Preliminaries GP/1 to GP/13
F. Builder‟s Works BW/1 to BW/19
G. Prime Costs and Provisional Sums PS/1
H. Grand Summary GS/1

(i)
REPUBLIC OF KENYA
MINISTRY OF PUBLIC WORKS, ROADS, TRANSPORT & ENERGY
PROPOSED CONSTRUCTION OF KAMOLO CATTLE DIP-OPARE PRIMARY

SCHOOL CULVERT FOOTBRIDGE
Supplied as part of the Contract for
………………………………………………..……..
Issued by: -
Quantities and Contract Department,
Dept. of Public Works, Roads, Transport & Energy
P O Box 470-50400,
BUSIA.
The contract for the above mentioned works entered into this ……. day of …………………. 2016
by the undersigned refers to these Bills of Quantities and the Ministry of Public Works, Transport &
Disaster management and General Specification date March, 1976 (together with any amendments
issued thereto) shall be read and construed as part of the said contract.
………………………………
………………………………………………………………………………………
CONTRACTOR THE CHIEF OFFICER MINISTRY
…………… … OF PUBLIC WORKS -BUSIA
…………………………… COUNTY GOVERNMENT.
Date: ………………………… Date: ……………………………
SPECIAL NOTES
The Contractor is required to check the numbers of the pages of these Bills of Quantities and should
he find any missing or in duplicate or figures indistinct he must inform the County Works Officer for
Public Works, Busia at once and have the same rectified.
Should the Contractor be in doubt about the precise meaning of any item or figure for any reason
whatsoever, he must inform the County Works Officer, Ministry of Public Works, Transport &
Disaster management, Busia in order that the correct meaning may be decided before the date for
submission of tenders.
No liability will be admitted nor claim allowed in respect of errors in the Contractor‟s Tender due to
mistakes in the Specifications which should have been rectified in the manner described above.
SIGNATURE PAGE AND NOTES

(ii)
REPUBLIC OF KENYA
STANDARD TENDER DOCUMENT

FOR
PROCUREMENT OF WORKS
(SMALL WORKS)
PUBLIC PROCUREMENT OVERSIGHT

AUTHORITY (PPOA)
P.O. BOX 30007 - 00200
NAIROBI.
(REVISED OCTOBER 2016)

TABLE OF CONTENTS
PAGE
INTRODUCTION ………………………………………… 1
SECTION I INVITATION FOR TENDERS …………………………… 2
SECTION II INSTRUCTIONS TO TENDERERS …………………… 4
SECTION III CONDITIONS OF CONTRACT ………………………… 11
APPENDIX TO CONDITIONS OF CONTRACT ……… 21 - 22
SECTION IV SPECIFICATIONS, DRAWINGS AND

BILLS OF QUANTITIES/SCHEDULE OF RATES……… 23
SECTION V STANDARD FORMS ……………………………………… 25

INTRODUCTION
1.10 This standard tender document for procurement of works has been prepared
for use by procuring entities in Kenya in the procurement of works (e.g.
Buildings, Roads, Bridges, Repairs and Maintenance) which the procuring
entity considers to be small and where it is not required to be open tendering.
1.20 The following guidelines should be observed when using the document:-
(a) Specific details should be furnished in the tender notice and in the special
conditions of contract (where applicable). The tender document issued to
tenderers should not have blank spaces or options.
(b) The instructions to tenderers and the General Conditions of Contract should
remain unchanged. Any necessary amendments to these parts should be made
through Appendix to instructions to tenderers and special conditions of
contract respectively.
1.3 (a) Information contained in the invitation to tender shall conform to the data and
information in the tender documents to enable prospective tenderers to decide
whether or not to participate in the tender and shall indicate any important
tender requirements
I. The invitation to tender shall be as an advertisement in accordance with the

regulations or a letter of invitation addressed to tenderers who have been
prequalified following a request for prequalification.
1.4 The cover of the tender document should be modified to include:-
II. Tender number.

III. Tender name.
IV. Name of procuring entity.
V. Delete name and address of PPOA.
SECTION I
INVITATION FOR TENDERS
Tender reference No. (as per tender document)
Tender Name (as per tender document)
1.1 The (procuring entity) invites sealed tenders for the construction of (Brief
description of works)
Tender documents containing detailed information on the tenders can be freely downloaded
from the IFMIS Supplier portal (https;//supplier.treasury.go.ke or http://tenders.go.ke).
Complete tender documents must be submitted through the IFMIS supplier portal:
https://supplier.treasury.go.ke so as to be received on or before Tuesday, 26th February
2019 at 9.00 a.m. All tenders MUST be submitted through the IFMIS platform SUPPLY
CHAIN MANAGEMENT SERVICES
NOTE: Bidders who may experience challenges in accessing and uploading their tenders in
the ifmis tender portal should contact the IFMIS Helpdesk (email http:
ifmis.go.ke. Tel 0800721477/0204801801) at the treasury or contact our
Supply Chain Function office located at the County Headquarters first floor,
room 38
For (Accounting Officer/Procuring Entity)

SECTION II
INSTRUCTIONS TO TENDERERS
TABLE OF CONTENTS
CLAUSE PAGE.
1. GENERAL --------------------------------------- --- 4
2. TENDER DOCUMENTS -------------------------- 5
3. PREPARATION OF TENDERS ------------------- 5-6
4. SUBMISSION OF TENDERS --------------------- 6-7
5. TENDER OPENING AND EVALUATON -------- 7 - 8
6. AWARD OF CONTRACT ------------------------- 8-9

INSTRUCTIONS TO TENDERERS.
1. General
1.1 The Employer as defined in the Appendix to Conditions of Contract invites

tenders for Works Contract as described in the tender documents. The
successful Tenderer will be expected to complete the Works by the Intended
Completion Date specified in the said Appendix.
1.2 Tenderers shall include the following information and documents with their
tenders, unless otherwise stated:
(a) copies of certificates of registration, and principal place of business;

(b) total monetary value of construction work performed for each of the
last five years;
(c) experience in works of a similar nature and size for each of the last
five years, and clients who may be contacted for further information
on these contracts;
(d) major items of construction equipment owned;
(e) qualifications and experience of key site management and technical
personnel proposed for the Contract;
(f) reports on the financial standing of the Tenderer, such as profit and
loss statements and auditor‟s reports for the last five years;
(g) authority to seek references from the Tenderer‟s bankers.
1.3 The Tenderer shall bear all costs associated with the preparation and
submission of his tender, and the Employer will in no case be responsible or
liable for those costs.
1.4 The Tenderer, at the Tenderer‟s own responsibility and risk, is encouraged to
visit and examine the Site of the Works and its surroundings, and obtain all
information that may be necessary for preparing the tender and entering into a
contract for construction of the Works. The costs of visiting the Site shall be
at the Tenderer‟s own expense.
1.5 The procurement entity‟s employees, committee members, board members

and their relative (spouse and children) are not eligible to participate in the
tender.
1.6 The price to be charged for the tender document shall not exceed
Kshs.5,000/=
1.7 The procuring entity shall allow the tenderer to review the tender document
free of charge before purchase.
2. Tender Documents
2.1 The complete set of tender documents comprises the documents listed here
below and any addenda issued in accordance with clause 2.4 herebelow:-
(a) These instructions to Tenderers

(b) Form of Tender
(c) Conditions of Contract and Appendix to Conditions of Contract
(d) Specifications
(e) Drawings
(f) Bills of Quantities/Schedule of Rates (whichever is applicable)
(g) Other materials required to be filled and submitted in accordance with
these Instructions and Conditions
2.2 The Tenderer shall examine all instructions, forms and specifications in the
tender documents. Failure to furnish all information required by the tender
documents may result in rejection of his tender.
2.3 A prospective Tenderer making inquiry of the tendering documents may

notify the Employer in writing or by cable, telex or facsimile at the address
indicated in the letter of invitation to tender. The Employer will respond to
any request for clarification received earlier than seven [7] days prior to the
deadline for submission of tenders. Copies of the Employer‟s response will
be forwarded to all persons issued with tendering documents, including a
description of the inquiry, but without identifying its source.
2.4 Before the deadline for submission of tenders, the Employer may modify the
tendering documents by issuing addenda. Any addendum thus issued shall be
part of the tendering documents and shall be communicated in writing or by
cable, telex or facsimile to all Tenderers. Prospective Tenderers shall
acknowledge receipt of each addendum in writing to the Employer.
2.5 To give prospective Tenderers reasonable time in which to take an addendum

into account in preparing their tenders, the Employer shall extend, as
necessary, the deadline for submission of tenders in accordance with clause
4.2 herebelow.
3. Preparation of Tenders
3.1 All documents relating to the tender and any correspondence shall be in
English Language.
3.2 The tender submitted by the Tenderer shall comprise the following:-
(a) The Tender;
(b) Tender Security;
(c) Priced Bill of Quantities/Schedule of Rates for lump-sum Contracts
(d) Any other materials required to be completed and submitted by

Tenderers.
3.3 The Tenderer shall fill in rates and prices for all items of the Works described
in the Bill of Quantities/Schedule of Rates. Items for which no rate or price is
entered by the Tenderer will not be paid for when executed and shall be
deemed covered by the other rates and prices in the Bill of
Quantities/Schedule of Rates. All duties, taxes and other levies payable by the
Contractor under the Contract, as of 30 days prior to the deadline for
submission of tenders, shall be included in the tender price submitted by the
Tenderer.
3.4 The rates and prices quoted by the Tenderer shall not be subject to any
adjustment during the performance of the Contract.
3.5 The unit rates and prices shall be in Kenya Shillings.
3.6 Tenders shall remain valid for a period of sixty (60) days from the date of
submission. However in exceptional circumstances, the Employer may
request that the Tenderers extend the period of validity for a specified
additional period. The request and the Tenderers‟ responses shall be made in
writing.
3.7 The Tenderer shall prepare one original of the documents comprising the
tender documents as described in these Instructions to Tenderers.
3.8 The original shall be typed or written in indelible ink and shall be signed by a
person or persons duly authorised to sign on behalf of the Tenderer. All pages
of the tender where alterations or additions have been made shall be initialed
by the person or persons signing the tender.
3.9 Clarification of tenders shall be requested by the tenderer to be received by

the procuring entity not later than 7 days prior to the deadline for submission
of tenders.
3.10 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.
4. Submission of Tenders
4.1 The tender duly filled and sealed in an envelope shall;-
(a) be addressed to the Employer at the address provided in the invitation to

tender;
[b] bear the name and identification number of the Contract as defined
in the invitation to tender; and
[c] provide a warning not to open before the specified time and date for
tender opening.
4.2 Tenders shall be delivered to the Employer at the address specified above not
later than the time and date specified in the invitation to tender.
4.3 The tenderer shall not submit any alternative offers unless they are
specifically required in the tender documents.
Only one tender may be submitted by each tenderer. Any tenderer who fails
to comply with this requirement will be disqualified.
4.4 Any tender received after the deadline for opening tenders will be returned to
the tenderer un-opened.
4.5 The Employer may extend the deadline for submission of tenders by issuing
an amendment in accordance with sub-clause 2.5 in which case all rights and
obligations of the Employer and the Tenderers previously subject to the
original deadline will then be subject to the new deadline.
5. Tender Opening and Evaluation
5.1 The tenders will be opened in the presence of the Tenderers‟ representatives
who choose to attend at the time and in the place specified in the invitation to
tender.
5.2 The Tenderers‟ names, the total amount of each tender and such other details
as may be considered appropriate, will be announced at the opening by the
Employer . Minutes of the tender opening, including the information
disclosed to those present will also be prepared by the Employer.
5.3 Information relating to the examination, clarification, evaluation and

comparison of tenders and recommendations for the award of the Contract
shall not be disclosed to Tenderers or any other persons not officially
concerned with such process until the award to the successful Tenderer has
been announced. Any effort by a Tenderer to influence the Employer‟s
officials, processing of tenders or award decisions may result in the rejection
of his tender.
5.4 Tenders determined to be substantially responsive will be checked for any

arithmetic errors. Errors will be corrected as follows:
(a) where there is a discrepancy between the amount in figures and the
amount in words, the amount in words will prevail; and
(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‟s representative, there is an obvious
typographical error, in which case the adjustment will be made to the
entry containing that error.
(c) 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/Quotation, the amount as stated in
the Form of Tender shall prevail.
(d) 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 P.C. and Provisional Sums).
(e) 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.
(f) 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 forfeited.
5.5 The tender evaluation committee shall evaluate the tender within 30 days of
the validity period from the date of opening the tender.
5.6 Contract price variations shall not be allowed for contracts not exceeding one
year (12 months)
5.7 Where contract price variation is allowed, the valuation shall not exceed 15%
of the original contract price.
5.8 Price variation requests shall be processed by the procuring entity within 30
days of receiving the request.
5.9 Preference where allowed in the evaluation of tenders shall not exceed 15%
5.10 To assist in the examination, evaluation, and comparison of tenders, the

Employer at his discretion, may request [in writing] any Tenderer for
clarification of the tender, including breakdowns of unit rates. The request for
clarification and the response shall be in writing or by cable, telex or facsimile
but no change in the tender price or substance of the tender shall be sought,
offered or permitted.
5.11 The Tenderer shall not influence the Employer on any matter relating to his
tender from the time of the tender opening to the time the Contract is awarded.
Any effort by the Tenderer to influence the Employer or his employees in his
decision on tender evaluation, tender comparison or Contract award may
result in the rejection of the tender.
6. Award of Contract
6.1 The award of the Contract will be made to the Tenderer who has offered the
lowest evaluated tender price.
6.2 Notwithstanding the provisions of clause 6.1 above, the Employer reserves the
right to accept or reject any tender and to cancel the tendering process and
reject all tenders at any time prior to the award
of Contract without thereby incurring any liability to the affected Tenderer or
Tenderers or any obligation to inform the affected Tenderer or Tenderers of
the grounds for the action.
6.3 The Tenderer whose tender has been accepted will be notified of the award
prior to expiration of the tender validity period in writing or by cable, telex or
facsimile. This notification (hereinafter and in all Contract documents called
the “Letter of Acceptance”) will state the sum [hereinafter and in all Contract
documents called the “Contract Price” which the Employer will pay the
Contractor in consideration of the execution, completion, and maintenance of
the Works by the Contractor as prescribed by the Contract. The contract shall
be formed on the parties signing the contract. At the same time the other
tenderers shall be informed that their tenders have not been successful.
6.4 The Contract Agreement will incorporate all agreements between the
Employer and the successful Tenderer. It will be signed by the Employer and
sent to the successful Tenderer, within 30 days following the notification of
award. Within 21 days of receipt ,the successful Tenderer will sign the
Agreement and return it to the Employer.
6.5 Within 21 days after receipt of the Letter of Acceptance, the successful
Tenderer shall deliver to the Employer a Performance Security amount
stipulated in the Appendix to Conditions of Contract.
6.6 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.
6.7 The procuring entity may at any time terminate procurement proceedings
before contract award and shall not be liable to any person for the termination.
6.8 The procuring entity shall give prompt notice of the termination to the
tenderers and on request give its reasons for termination within 14 das of
receiving the request from any tenderer.
7. Corrupt and fraudulent practices
7.1 The procuring entity requires that the tenderer observes the highest standard
of ethics during the procurement process and execution of the contract. A
tenderer shall sign a declaration that he has not and will not be involved in
corrupt and fraudulent practices.
7.2 The procuring entity will reject a tender if it determines that the tenderer
recommended for award has engaged in corrupt and fraudulent practices in
competing for the contract in question.
7.3 Further a tenderer who is found to have indulged in corrupt and fraudulent
practices risks being debarred from participating in public procurement in
Kenya.
SECTION III
CONDITIONS OF CONTRACT
Table of Clauses
Page
1. DEFINITIONS……………………………………………………………… 11
2. CONTRACT DOCUMENTS……………………………………………… 12
3. EMPLOYER‟S REPRESENTATIVE‟S DECISIONS………………… 13
4. WORKS, LANGUAGE AND LAW OF CONTRACT…………………. 13
5. SAFETY, TEMPORARY WORKS AND DISCOVERIES……………. 13
6. WORK PROGRAM AND SUB-CONTRACTING…………………….. 13
7. THE SITE…………………………………………………………………. 13
- 14
8. INSTRUCTIONS…………………………………………………………… 14
9. EXTENSION OF COMPLETION DATE……………………………….. 14 - 15
10. MANAGEMENT MEETINGS……………………………………………. 15
11. DEFECTS…………………………………………………………………… 15 - 16
12. BILLS OF QUANTITIES/SCHEDULE OF RATES…………………. 16
13. VARIATIONS……………………………………………………………….. 16
14. PAYMENT CERTIFICATES AND FINAL ACCOUNT ………………… 16 - 17
15. INSURANCES ……………………………………………………………. 18
16. LIQUIDATED DAMAGES………………………………………………… 18
17. COMPLETION AND TAKING OVER…………………………………… 18
18. TERMINATION……………………………………………………………… 18 - 19
19. PAYMENT UPON TERMINATION………………………………………… 19
20. CORRUPT GIFTS AND PAYMENTS OF COMMISSION……………… 19 - 20
21. SETTLEMENT OF DISPUTES……………………………………………… 20
22. APPENDIX TO CONDITIONS OF CONTRACT ………………………… 21

– 22
SECTION III - CONDITIONS OF CONTRACT
1. Definitions
1.1 In this Contract, except where context otherwise requires, the following terms
shall be interpreted as indicated;
“Bills of Quantities” means the priced and completed Bill of Quantities

forming part of the tender[where applicable].
“Schedule of Rates” means the priced Schedule of Rates forming part of the
tender [where applicable].
“The Completion Date” means the date of completion of the Works as

certified by the Employer‟s Representative.
“The Contract” means the agreement entered into by the Employer and the
Contractor as recorded in the Agreement Form and signed by the parties.
“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.
“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 Employer‟s

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

approved by the Employer‟s Representative for the execution of the Contract.
“Employer” Includes Central or Local Government administration,

Universities, Public Institutions and Corporations and 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.
“Site” means the place or places where the permanent Works are to be
carried out including workshops where the same is being prepared.
“Materials” are all supplies, including consumables, used by the Contractor

for incorporation in the Works.
“Employer’s Representative” is the person appointed by the Employer and

notified to the Contractor for the purpose of supervision of the Works.
“Specification” means the Specification of the Works included in the

Contract.
“Start Date” is the date when the Contractor shall commence execution of
the Works.
“ 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.
“A Variation” is an instruction given by the Employer‟s Representative

which varies the Works.
“The Works” are what the Contract requires the Contractor to construct,
install, and turnover to the Employer.
2. Contract Documents
2.1 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) Conditions of Contract,
(5) Specifications,
(6) Drawings,
(7) Bills of Quantities or Schedule of Rates [whichever is applicable)
3. Employer’s Representative’s Decisions
3.1 Except where otherwise specifically stated, the Employer‟s Representative

will decide contractual matters between the Employer and the Contractor in
the role representing the Employer.
4. Works, Language and Law of Contract
4.1 The Contractor shall construct and install the Works in accordance with the
Contract documents. 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 Employer‟s Representative, and complete
them by the Intended Completion Date.
4.2 The ruling language of the Contract shall be English language and the law
governing the Contract shall be the law of the Republic of Kenya.
5. Safety, Temporary works and Discoveries
5.1 The Contractor shall be responsible for design of temporary works and shall
obtain approval of third parties to the design of the temporary works where
required.
5.2 The Contractor shall be responsible for the safety of all activities on the Site.
5.3 Any thing of historical or other interest or significant value unexpectedly

discovered on the Site shall be the property of the Employer. The Contractor
shall notify the Employer‟s Representative of such discoveries and carry out
the Employer‟s Representative‟s instructions for dealing with them.
6 Work Program and Sub-contracting
6.1 Within seven days after Site possession date, the Contractor shall submit to
the Employer‟s Representative for approval a program showing the general
methods, arrangements, order and timing for all the activities in the Works.
6.2 The Contractor may sub-contract the Works (but only to a maximum of 25
percent of the Contract Price) with the approval of the Employer‟s
Representative. However, he shall not assign the Contract without the
approval of the Employer in writing. Sub-contracting shall not alter the
Contractor‟s obligations.
7 The site
7.1 The Employer shall give possession of all parts of the Site to the Contractor.
7.2 The Contractor shall allow the Employer‟s Representative and any other
person authorised by the Employer‟s Representative ,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.
8 Instructions
8.1 The Contractor shall carry out all instructions of the Employer‟s
Representative which are in accordance with the Contract.
9 Extension of Completion Date
9.1 The Employer‟s Representative shall extend the Completion Date if an

occurrence arises which makes it impossible for completion to be achieved by
the Intended Completion Date. The Employer‟s Representative shall decide
whether and by how much to extend the Completion Date.
9.2 For the purposes of this clause, the following occurrences shall be valid for
consideration;
Delay by:-
(a) force majeure, or
(b) reason of any exceptionally adverse weather conditions, or
(c) reason of civil commotion, strike or lockout affecting any of the trades
employed upon the Works or any of the trades engaged in the
preparation, manufacture or transportation of any of the goods or
materials required for the Works, or
(d) reason of the Employer‟s Representative‟s instructions issued under

these Conditions, or
(e) reason of the contractor not having received in due time necessary
instructions, drawings, details or levels from the Employer‟s
Representative for which he specifically applied in writing on a date
which having regard to the date for Completion stated in the appendix
to these Conditions or to any extension of time then fixed under this
clause was neither unreasonably distant from nor unreasonably close
to the date on which it was necessary for him to receive the same, or
(f) delay on the part of artists, tradesmen or others engaged by the

Employer in executing work not forming part of this Contract, or
(g) reason of delay by statutory or other services providers or similar

bodies engaged directly by the Employer, or
(h) reason of opening up for inspection of any Work covered up or of the
testing or any of the Work, materials or goods in accordance with
these conditions unless the inspection or test showed that the Work,
materials or goods were not in accordance with this Contract, or
(i) reason of delay in appointing a replacement Employer‟s

Representative, or
(j) reason of delay caused by the late supply of goods or materials or in

executing Work for which the Employer or his agents are contractually
obliged to supply or to execute as the case may be, or
(k) delay in receiving possession of or access to the Site.
10 Management Meetings
10.1 A Contract management meeting shall be held regularly and attended by the
Employer‟s Representative and the Contractor. Its business shall be to review
the plans for the remaining Work. The Employer‟s
Representative shall record the business of management meetings and provide
copies of the record to those attending the meeting and the Employer. The
responsibility of the parties for actions to be taken shall be decided by the
Employer‟s Representative either at the management meeting or after the
management meeting and stated in writing to all who attend the meeting.
10.2 Communication between parties shall be effective only when in writing.
11 Defects
11.1 The Employer‟s Representative 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 Employer‟s Representative may instruct
the Contractor to search for a defect and to uncover and test any Work that the
Employer‟s Representative 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.
11.2 The Employer‟s Representative 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.
11.3 Every time notice of a defect is given, the Contractor shall correct the notified
defect within the length of time specified by the Employer‟s Representative‟s
notice. If the Contractor has not corrected a defect within the time specified
in the Employer‟s Representative‟s notice, the Employer‟s Representative 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.
12 Bills of Quantities/Schedule of Rates
12.1 The Bills of Quantities/Schedule of Rates 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 rates in the Bills of Quantities/Schedule of Rates for each item.
Items against which no rate is entered by the Tenderer will not be paid for
when executed and shall be deemed covered by the rates for other items in the
Bills of Quantities/Schedule of Rates.
12.2 Where Bills of Quantities do not form part of the Contract, the Contract Price
shall be a lump sum (which shall be deemed to have been based on the rates in
the Schedule of Rates forming part of the tender) and shall be subject to re-
measurement after each stage.
13 Variations
13.1 The Contractor shall provide the Employer‟s Representative with a quotation
for carrying out the variations when requested to do so. The Employer‟s
Representative shall assess the quotation and shall obtain the necessary
authority from the Employer before the variation is ordered.
13.2 If the Work in the variation corresponds with an item description in the Bill of
Quantities/Schedule of Rates, the rate in the Bill of Quantities/Schedule of
Rates shall be used to calculate the value of the variation. If the nature of the
Work in the variation does not correspond with items in the Bill of
Quantities/Schedule of Rates, the quotation by the Contractor shall be in the
form of new rates for the relevant items of Work.
13.3 If the Contractor‟s quotation is unreasonable, the Employer‟s Representative

may order the variation and make a change to the Contract Price, which shall
be based on the Employer‟s Representative‟s own forecast of the effects of the
variation on the Contractor‟s costs.
14 Payment Certificates and Final Account
14.1 The Contractor shall be paid after each of the following stages of Work listed
herebelow (subject to re-measurement by the Employer‟s
Representative of the Work done in each stage before payment is made). In
case of lump-sum Contracts, the valuation for each stage shall be based on the
quantities so obtained in the re-measurement and the rates in the Schedule of
Rates.
(i) Advance payment________________(percent of Contract Price,
[after Contract execution] to be inserted by the Employer).
(ii) First stage (define stage) ______________________
(iii) Second stage (define stage)____________________
(iv) Third stage (define stage) ______________________
(v) After defects liability period.
14.2 Upon deciding that Works included in a particular stage are complete, the
Contractor shall submit to the Employer‟s Representative his application for
payment. The Employer‟s Representative shall check, adjust if necessary and
certify the amount to be paid to the Contractor within 21 days of receipt of the
Contractor‟s application .The Employer shall pay the Contractor the amounts
so certified within 30 days of the date of issue of each Interim Certificate.
14.3 The Contractor shall supply the Employer‟s Representative with a detailed
final account of the total amount that the Contractor considers payable under
the Contract before the end of the Defects Liability Period. The Employer‟s
Representative shall issue a Defect 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 Employer‟s
Representative shall issue within 21 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 Employer‟s Representative
shall decide on the amount payable to the Contractor and issue a Final
Payment Certificate. The Employer shall pay the Contractor the amount so
certified within 60 days of the issue of the Final Payment Certificate.
14.4 If the period laid down for payment to the Contractor upon each of the
Employer‟s Representative‟s Certificate by the Employer has been exceeded,
the Contractor shall be entitled to claim simple interest calculated pro-rata on
the basis of the number of days delayed at the
Central Bank of Kenya‟s average base lending rate prevailing on the first day
the payment becomes overdue. The Contractor will be required to notify the
Employer within 15 days of receipt of delayed payments of his intentions to
claim interest.
15. Insurance
15.1 The Contractor shall be responsible for and shall take out appropriate cover
against, among other risks, personal injury; loss of or damage to
the Works, materials and plant; and loss of or damage to property.
16. Liquidated Damages
16.1 The Contractor shall pay liquidated damages to the Employer at the rate 0.001
per cent of the Contract price per day for each day that the actual Completion
Date is later than the Intended Completion Date except in the case of any of
the occurrences listed under clause 9.2. The Employer may deduct liquidated
damages from payments due to the Contractor. Payment of liquidated
damages shall not affect the Contractor‟s liabilities.
17. Completion and Taking Over
17.1 Upon deciding that the Work is complete the Contractor shall request the
Employer‟s Representative to issue a Certificate of Completion of the Works,
upon deciding that the Work is completed.
The Employer shall take over the Site and the Works within seven days of the
Employer‟s Representative issuing a Certificate of Completion.
18. Termination
18.1 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;
(a) the Contractor stops Work for 30 days continuously without

reasonable cause or authority from the Employer‟s Representative;
(b) the Contractor is declared bankrupt or goes into liquidation other than
for a reconstruction or amalgamation;
(c) a payment certified by the Employer‟s Representative is not paid by

the Employer to the Contractor within 30 days after the expiry of the
payment periods stated in sub clauses 14.2 and 14.3 hereinabove.
(d) the Employer‟s Representative 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.
18.2 If the Contract is terminated, the Contractor shall stop Work immediately, and
leave the Site as soon as reasonably possible. The Employer‟s Representative
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.
19. Payment Upon Termination
19.1 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 Site, plant, equipment and temporary works.
19.2 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 Employer‟s Representative may in writing
specify,any temporary buildings, plant,
machinery, appliances, goods or materials belonging to him, and in default
thereof , 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.
19.3 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
therefor the Employer‟s Representative 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.
20. Corrupt Gifts and Payments of Commission
20.1 The Contractor shall not;
(a) Offer or give or agree to give to any person in the service of the
Employer any gifts 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 with the Employer or for showing or forbearing to show
favour or disfavour to any person in relation to this or any other
contract with the Employer.
(b) 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
Laws of Kenya.
21. Settlement of Disputes
21.1 Any dispute arising out of the Contract which cannot be amicably
settled between the parties shall be referred by either party 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 of the
Chartered Institute of Arbitrators, Kenya branch, on the request of the
applying party.
APPENDIX TO CONDITIONS OF CONTRACT
THE EMPLOYER IS
Name:THE MINISTRY OF LIVESTOCK AND FISHERIES -THE BUSIA COUNTY

GOVERMENT______________________________________________________________
_______
Address:
_______________________________________________________________________
Name of Employer‟s Representative: ____________________________________________
Title;________________________________________________
Telephone: __________________________
The name (and identification number) of the Contract is _________________________
The Works consist of

__________________________________________________________
___________________________________________________________________________
______
The Start Date shall be

_________________________________________________________
The Intended Completion Date for the whole of the Works shall be
___________________________________________________________________________
______
The following documents also form part of the Contract:

___________________________________________________________________________
______
___________________________________________________________________________
______
The Site Possession Date shall be _______________________________________________
The Site is located at _____________________ and is defined in drawings nos.
___________________________________________________________________________
______
The Defects Liability Period is _______________________ days.
Amount of Tender Security is Kshs………N/A……………(Note: This amount should be

between one (1) percent and three (3) percent of the value of the Works)
The name and Address of the Employer for the purposes of submission of tenders
is………………………………………………………………………………………………
…………………………………………………………………………………………………
………………
The tender opening date and time is…………………………(insert tender opening time) on
……………… day of …………(insert date of tender opening)
The amount of performance security is Kshs………………………(Note: the Employer must

select the form of performance security to be accepted. A bank guarantee of between five (5)
and ten (10) percent is acceptable. A performance bond on the other hand from an insurance
company may be of up to thirty (30) percent of the Contract Price).
SECTION IV – SPECIFICATIONS, DRAWINGS AND BILLS OF
QUANTITIES/SCHEDULE OF RATES
I. SPECIFICATIONS
Notes for preparing Specifications

1.0 Specifications must be drafted to present a clear and precise statement of the required standards of materials and
workmanship for tenderers to respond realistically and competitively to the requirements of the Employer and ensure
responsiveness of tenders. The Specifications should require that all materials, plant, and other supplies to be
permanently incorporated in the Works be new, unused, of the most recent or current models and incorporating all
recent improvements in designs and materials unless provided otherwise in the Contract.
2.0 Specifications from previous similar projects are useful and it may not be
necessary to rewrite specifications for every works contract.
3.0 Care must be taken in drafting Specifications to ensure they are not
restrictive. In the specification of standards for materials, plant and
workmanship existing Kenya Standards should be used as much as possible
otherwise recognized international standards may also be used.
II DRAWINGS
NOTE: 1. A list of the Contract Drawings should be inserted here
2. The actual Contract Drawings including Site plans should be
annexed in a separate booklet
III BILL OF QUANTITIES/SCHEDULE OF RATES
Notes for preparing Bills of Quantities
1. The objectives of the Bills of Quantities are;
(a) to provide sufficient information on the quantities of Works to be performed

to enable tenders to be prepared efficiently and accurately; and
(b) when a Contract has been entered into, to provide a priced Bill of Quantities
for use in the periodic valuation of Works executed.
In order to attain these objectives, Works should be itemized in the Bill of Quantities
in sufficient detail to distinguish between the different classes of Works, or between
Works of the same nature carried out in different locations or in other circumstances
which may give rise to different considerations of cost. Consistent with these
requirements, the layout and content of the Bill of Quantities should be as simple and
brief as possible.
Notes for preparing Schedule of Rates
Where the time limit or other constraints do not allow the preparation of a Bill of
Quantities for the Works, a lump-sum Contract shall be adopted and a Schedule of Rates
(in place of a Bills of Quantities) shall be issued as part of the tender documents.
The objectives of the Schedule of Rates are;
(a) to provide sufficient information on the nature of work items to be performed

to enable tenders to be prepared efficiently and accurately; and
(b) when a Contract has been entered into, to provide a basis for the pricing of
Works executed for interim and final valuations.
In order to attain these objectives, Works should be itemized in the Schedule of Rates
in sufficient detail to distinguish between the different classes of Works, or between
Works of the same nature carried out in different locations or other circumstances
which may give rise to different considerations of cost. Consistent with these
requirements, the layout and content of Schedule of Rates should be as simple and
brief as possible.
Measurement of Work executed after every agreed stage should be done and the
quantities so obtained used alongside the rates in the schedule to arrive at interim
valuation [for each stage]and the final valuation.
SECTION V
STANDARD FORMS
List of Standard Forms
(i) Form of Invitation for Tenders

(ii) Form of Tender
(iii) Letter of Acceptance
(iv) Form of Agreement
(v) Form of Tender Security
(vi) Performance Bank Guarantee
(vii) Performance Bond
(viii) Bank Guarantee for Advance Payment
(ix) Qualification Information
(x) Tender Questionnaire
(xi) Confidential Business Questionnaire
(xii)Details of Sub-Contractors
FORM OF INVITATION FOR TENDERS
_______________________[date]
To: _____________________________________ [name of Contractor]

_____________________________________[address]
_____________________________________
_____________________________________
Dear Sirs:
Reference:______________________________________________[Contract Name]
You have been prequalified to tender for the above project.
We hereby invite you and other prequalified tenderers to submit a tender for the execution
and completion of the above Contract.
A complete set of tender documents may be purchased by you from ____

________________________________________________________________________
[mailing address, cable/telex/facsimile numbers].
Upon payment of a non-refundable fee of Kshs __________________________
All tenders must be accompanied by ________________number of copies of the same and

a tender security in the form and amount specified in the tendering documents, and must
be delivered to
________________________________________________________________________
[address and location]
at or before _______________________(time and date). Tenders will be opened

immediately thereafter, in the presence of tenderers’ representatives who choose to attend.
Please confirm receipt of this letter immediately in writing by cable/facsimile or telex.
Yours faithfully,
_____________________________________ Authorised Signature
_____________________________________ Name and Title
FORM OF TENDER
TO: __________________________[Name of Employer) ____________[Date]
__________________________[Name of Contract]
Dear Sir,
1. In accordance with the Conditions of Contract, Specifications, Drawings and Bills of

Quantities/Schedule of Rates 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 Employer‟s Representative‟s
notice to commence, and to complete the whole of the Works complised in the
Contract within the time stated in the Appendix to Conditions of Contract.
3. We agree to abide by this tender until ___________________[Insert date], and it shall

remain binding upon us and may be accepted at any time before that date.
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___________________
duly authorized to sign tenders for and on behalf of

________________________________________[Name of Tenderer] of
_______________________________[Address of Tenderer]
Witness; Name______________________________________
Address_____________________________________
Signature___________________________________
Date_______________________________________
(Amend accordingly if provided by Insurance Company)

LETTER OF ACCEPTANCE
[letterhead paper of the Employer]
_______________________[date]
To: _______________________
[name of the Contractor]
_____________________
[address of the Contractor]
Dear Sir,
This is to notify you that your Tender dated ___________________________

for the execution of ________________________________________________
[name of the Contract and identification number,as given in the Tender documents] for the
Contract Price of Kshs. __________________________ [amount in figures][Kenya
Shillings______________________________(amount in words) ] in accordance with the
Instructions to Tenderers is hereby accepted.
You are hereby instructed to proceed with the execution of the said Works in accordance
with the Contract documents.
Authorized Signature …………………………………………………………………
Name and Title of Signatory …………………………………………………………
Attachment : Agreement
FORM OF AGREEMENT
THIS AGREEMENT, made the _________________ day of ________ 20 ______
between________________________________________________of[or whose registered
office is situated at]__________________________________________
(hereinafter called “the Employer”) of the one part AND
________________________________________________________of[or whose registered
office is situated at]_________________________________________
(hereinafter called “the Contractor”) of the other part.
WHEREAS THE Employer is desirous that the Contractor executes

________________________________________________________________________
(name and identification number of Contract ) (hereinafter called “the Works”) located
at______________________________[Place/location of the Works]and the Employer has
accepted the tender submitted by the Contractor for the execution and completion of such
Works and the remedying of any defects therein for the Contract Price of
Kshs___________________________[Amount in figures],Kenya
Shillings_____________________________________________[Amount in words].
NOW THIS AGREEMENT 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.
IN WITNESS whereof the parties thereto have caused this Agreement to be executed the day
and year first before written.
The common Seal of _________________________________________________
Was hereunto affixed in the presence of ________________________________
Signed Sealed, and Delivered by the said ______________________________
Binding Signature of Employer ________________________________________
Binding Signature of Contractor _______________________________________
In the presence of (i) Name_______________________________________
Address_____________________________________
Signature___________________________________
[ii] Name _______________________________________
Address_____________________________________
Signature____________________________________
FORM OF TENDER SECURITY
WHEREAS ………………………………………..(hereinafter called “the Tenderer”) has

submitted his tender dated ………………………… for the construction of
………………………………………………………………………
…………………… (name of Contract)
KNOW ALL PEOPLE by these presents that WE ……………………… having our

registered office at ………………(hereinafter called “the Bank”), are bound unto
……………………………(hereinafter called “the Employer”) in the sum of
Kshs.……………………… for which payment well and truly to be made to the said
Employer, the Bank binds itself, its successors and assigns by these presents sealed with the
Common Seal of the said Bank this ……………. Day of ………20…………
THE CONDITIONS of this obligation are:
1. If after tender opening the tenderer withdraws his tender during the period of tender
validity specified in the instructions to tenderers
Or
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]
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 recognised bank for the sum specified therein as
security for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, up to a total of Kshs. ________________ (amount of Guarantee in
figures) Kenya Shillings__________________________________________ (amount of
Guarantee in words), and we undertake to pay you, upon your first written demand and
without cavil or argument, any sum or sums within the limits of Kenya Shillings
_________________________ (amount of Guarantee in words) as aforesaid without your
needing to prove or to show grounds or reasons for your demand for the sum specified
therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change, addition or other modification of the terms of the Contract
or of the Works to be performed thereunder or of any of the Contract documents which may
be made between you and the Contractor shall in any way release us from any liability under
this Guarantee, and we hereby waive notice of any change, addition, or modification.
This guarantee shall be valid until the date of issue of the Certificate of Completion.
SIGNATURE AND SEAL OF THE GUARANTOR ___________________
Name of Bank ____________________________________________
Address ________________________________________________
Date ______________________________________________________
(Amend accordingly if provided by Insurance
Company)
PERFORMANCE BOND
By this Bond, We__________________________________of (or whose registered office is
situated at]______________________________________
as Principal (hereinafter called “the Contractor”) and _________________
________________________________________of[or whose registered office is situated
at]___________________________________________________________
as Surety (hereinafter called “the Surety”), are held and firmly bound unto
_________________________________________________________________________of
[or whose registered office is situated
at]___________________________________________________________________
as Obligee (hereinafter called “the Employer”) in the amount of
Kshs.______________________________[amount of Bond in figures]Kenya Shillings
____________________________________________________________
[amount of Bond in words], for the payment of which sum well and truly, the Contractor and
the Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS the Contractor has entered into a Contract with the Employer dated the
________________ day of ______________ 20 ________________ for the execution of
_______________________________________________________
[name of Contract] in accordance with the Contract documents, Specifications and
amendments thereto, which to the extent herein provided for, are by reference made part
hereof and are hereinafter referred to as the Contract.
NOW THEREFORE, the Condition of this Obligation is such that, if the Contractor shall
promptly and faithfully perform the said Contract (including any amendments thereto), then
this obligation shall be null and void; otherwise it shall remain in full force and effect.
Whenever the Contractor shall be, and declared by the Employer to be, in default under the
Contract, the Employer having performed the Employer‟s obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
(1) complete the Contract in accordance with its terms and conditions; or
(2) obtain a tender or tenders from qualified tenderers for submission to the Employer for
completing the Contract in accordance with its terms and conditions, and upon
determination by the Employer and the Surety of the lowest responsive tenderer,
arrange for a Contract between such tenderer and Employer and make available as
work progresses (even though there should be a default or a succession of defaults
under the Contract or Contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the Contract Price;
but not exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof.
The term “Balance of the Contract Price”, as used in this paragraph, shall mean the
total amount payable by the Employer to the Contractor under the
Contract, less the amount properly paid by the Employer to the Contractor; or
(3) pay the Employer the amount required by the Employer to complete the Contract in
accordance with its terms and conditions up to a total not exceeding the amount of
this Bond.
The Surety shall not be liable for a greater sum than the specified penalty of this Bond.
Any suit under this Bond must be instituted before the expiration of one year from the date of
issuance of the Certificate of Completion.
No right of action shall accrue on this Bond to or for the use of any person or corporation
other than the Employer named herein or the heirs, executors, administrators, successors and
assigns of the Employer.
In testimony whereof, the Contractor has hereunto set his hand and affixed his seal, and the
Surety has caused these presents to be sealed with his corporate seal duly attested by the
signature of his legal representative, this ____________________________ day of
____________________________ 20__________
SIGNED ON _________________________ SIGNED ON _____________________
On behalf of _________________________ On behalf of _____________________

[name of Contractor] [name of Surety]
By ___________________________________ By _____________________________
In the capacity of _____________________ In the capacity of ______________
In the presence of;Name _______________In the presence of;Name_________
Address_____________ Address______
_______________ _______________
Signature____________ Signature_____
Date_________________ Date__________
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 ______________________________
Address ______________________________________________________________
Date _________________________________________________________________
Witness: Name: ____________________________________________________
Address: __________________________________________________
Signature: ________________________________________________
Date: _____________________________________________________
QUALIFICATION INFORMATION
1. Individual Tenderers or Individual Members of Joint Ventures
1.1 Constitution or legal status of tenderer (attach copy or Incorporation

Certificate);
Place of registration: ____________________________
Principal place of business _____________________________
Power of attorney of signatory of tender ____________________
1.2 Total annual volume of construction work performed in the last five years
Year Volume
Currency Value
1.3 Work performed as Main Contractor on works of a similar nature and volume
over the last five years. Also list details of work under way or committed,
including expected completion date.
Project name Name of client Type of work Value of

and contact performed and Contract
person year of
completion
_________ ___________ __________ ________
_________ ___________ __________ ________
________ __________ __________ _______
1.4 Major items of Contractor‟s Equipment proposed for carrying out the Works.
List all information requested below.
Item of Description, Condition(new, Owned, leased

Equipment Make and age good, poor) and (from whom?), or
(years) number available to be purchased
(from whom?)
_________ ____________ ___________
_________ ____________ ___________
_________ ____________ ___________
(etc.)
1.5 Qualifications and experience of key personnel proposed for administration
and execution of the Contract. Attach biographical data.
Position Name Years of Years of experience

experience in proposed position
(general)
Project Manager
__________________
___________________
(etc.)
1.6 Financial reports for the last five years: balance sheets, profit and loss
statements, auditor‟s reports, etc. List below and attach copies.
_______________________________________________________________
_________________________________________________________
1.7 Evidence of access to financial resources to meet the qualification

requirements: cash in hand, lines of credit, etc. List below and attach copies
of supportive documents.
____________________________________________________________
____________________________________________________________
_____________________________________________
1.8 Name, address and telephone, telex and facsimile numbers of banks that may
provide reference if contacted by the Employer.
__________________________________________________________________
____________________________________________________________
1.9 Statement of compliance with the requirements of Clause 1.2 of the

Instructions to Tenderers.
____________________________________________________________
____________________________________________________________
_____________________________________________
1.10 Proposed program (work method and schedule) for the whole of the Works.
2 Joint Ventures
2.4 The information listed in 1.1 – 1.10 above shall be provided for each partner
of the joint venture.
2.5 The information required in 1.11 above shall be provided for the joint venture.
2.6 Attach the power of attorney of the signatory(ies) of the tender authorizing
signature of the tender on behalf of the joint venture
2.7 Attach the Agreement among all partners of the joint venture ( and which is
legally binding on all partners), which shows that:
a) all partners shall be jointly and severally liable for the execution of the
Contract in accordance with the Contract terms;
b) one of the partners will be nominated as being in charge, authorized to

incur liabilities and receive instructions for and on behalf of any and
all partners of the joint venture; and
c) the execution of the entire Contract, including payment, shall be done

exclusively with the partner in charge.
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 of tenderer;
………………………………………………………………………………………
5. Name of tenderer‟s representative to be contacted 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)

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

and address of head office: ………………………………
………………………………
(ii) Sub-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
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

PARTICULAR PRELIMINARIES
ITEM DESCRIPTION AMOUNT

(Kshs.)
PRICING ITEMS OF PRELIMINARIES
A Prices SHALL BE INSERTED against items of “preliminaries" in the
tenderer‟s priced Bills of Quantities. Where no price is inserted the
Contractor shall be deemed to have included in his prices or rates for the
various items in the Bills of Quantities or Specification for all such costs
involved in complying with all the requirements for the proper execution
of the whole of the works in the Contract.The contractor is advised to read
and understand all preliminary items.
EMPLOYER
B The "Employer" is The County Government of Busia as defined above
whose address unless otherwise notified is P. O. Box Private Bag,
BUSIA. The term "Employer" and "Government" wherever used in the
contract document shall be synonymous
PROJECT MANAGER
C The term "P.M." wherever used in these Bills of Quantities shall be

deemed to imply the Project Manager as defined in Condition 1.1 of the
Conditions of Contract or such person or persons as may be duly
authorised to represent him on behalf of the Government.
The term "Engineer" shall be deemed to mean "The Project Manager." as
D defined above whose address unless otherwise notified is County
Department of Public Works, P. O. Box 470-50400, BUSIA. COUNTY
STRUCTURAL ENGINEER
Carried to Collection PP/10
PP/1
AMOUNT
ITEM DESCRIPTION (Kshs.)
D The Form of Contract shall be as stipulated in the Republic of Kenya's

Standard Tender Document for Procurement of Building Works(2006
Edition) included herein The Conditions of Contract are also included
herein Conditions of Contract These are numbered from 1 to 37 as set out
in pages 20 to 41 of these tender documents.Particulars of insertions to be
made in the Appendix to the Contract Agreement will be found in the
Particular Preliminaries part of these Bills of Quantities
PP/2

(Kshs.)
DESCRIPTION OF THE WORKS
A The works generally include : Installation of Armco culvert footbridge

and earthworks and road formation to the approaches.
BOND
B The Contractor shall find and submit on the Form of Tender an Approved
Bank and who will be willing to be bound to the Government in an amount
equal to five per cent (5%) of the Contract amount for the due performances
of the Contract up to the date of completion as certified by the PROJECT
MANAGER and who will when and if called upon, sign a Bond to that
effect on the relevant standard form included herein. (without the addition
of any limitations) on the same day as the Contract Agreement is signed, by
the Government, the Contractor shall furnish within seven days another
Surety to the approval of the Government.
C MEASUREMENTS
In the event of any discrepancies arising between the Bills of Quantities and
the actual works, the site measurements shall generally take precedence.
However, such discrepancies between any contract documents shall
immediately be referred to the PROJECT MANAGER in accordance with
Clause 22 of the Conditions of Contract. The discrepancies shall then be
treated as a variation and be dealt with in accordance with Clause 22 of the
said Conditions.
PP/3

(Kshs.)
LOCATION OF SITE
A The site is located at KALACHAMONG STREAM – MALABA

SOUTH WARD, BUSIA COUNTY. The Contractor is advised to visit
the site, to familiarize with the nature and position of the site. No claims
arising from the Contractor‟s failure to do so will be entertained.
CLEARING AWAY
B The Contractor shall remove all temporary works, rubbish, debris and
surplus materials from the site as they accumulate and upon completion
of the works, remove and clear away all plant, equipment, rubbish,
unused materials and stains and leave in a clean and tidy state to the
reasonable satisfaction of the Project Manager. The whole of the works
shall be delivered up clean, complete and in perfect condition in every
respect to the satisfaction of the PROJECT MANAGER.
CLAIMS
It shall be a condition of this contract that upon it becoming reasonably
C apparent to the Contractor that he has incurred losses and/or expenses
due to any of the contract conditions, or by any other reason
whatsoever, he shall present such claim or intent to claim notice to the
PROJECT MANAGER within the contract period. No claims shall be
entertained upon the expiry of the said contract period.
PAYMENTS
D The tenderer‟s attention is drawn to the fact that THE
GOVERNMENT SHALL NOT MAKE ADVANCE PAYMENTS
PP/4

(Kshs.)
PREVENTION OF ACCIDENT, DAMAGE OR LOSS
A The Contractor is notified that these works are to be carried out on a

restricted site where the client is going on with other normal activities.
The Contractor is instructed to take reasonable care in the execution of the
works as to prevent accidents, damage or loss and disruption of normal
activities being carried out by the Client. The Contractor shall allow in his
rates any expense he deems necessary by taking such care within the site.
BID SECURITY
B The contractor shall provide a bid security duly signed, sealed and
stamped from an approved Institution in an approved format of required
amount.
WORKING CONDITIONS
The Contractor shall allow in his rates for any interference that he may
C encounter in the course of execution of the works for the Client may in
some cases ask the Contractor not to proceed with the works until some
activities within the site are completed, as the facility will be operating as
usual during the course of the contract.
LABOUR CAMPS
D The Contractor shall not be allowed to house labour on site. Allow for
transporting workers to and from the site during the tenure of the contract.
PP/5
AMOUNT
MATERIALS FROM DEMOLITIONS

A Any materials arising from demolitions and not re-used shall become
the property of the government. The Contractor shall allow in his rates
the cost of transporting the demolished materials to an approved
dumping site by the County Government of BUSIA.
PRICING RATES
B The tenderer shall include for all costs in executing the whole of the
works, including transport, replacing damaged items, fixing, all to
comply with the said Conditions of Contract.
URGENCY OF THE WORKS

C The Contractor is notified that these “works are urgent" and should be
completed within the period stated in these Particular Preliminaries. The
Contractor shall allow in his rates for any costs he deems that he/she
may incur by having to complete the works within the stipulated
contract period.
PAYMENT FOR MATERIALS ON SITE

D All materials for incorporation in the works must be stored on site
before payment is effected, unless specifically exempted by the
PROJECT MANAGER. This is to include materials of the Contractor,
nominated sub-Contractors and nominated suppliers.
EXISTING SERVICES
E Prior to the commencement of any work, the Contractor is to ascertain
from the relevant authority the exact position, depth and level of all
existing services in the area and he/she shall make whatever provisions
may be required by the authorities concerned for the support,
maintenance and protection of such services.
PP/6
AMOUNT
TENDER DOCUMENTS
A Tender documents are as listed in Clause 2.1 of the Instruction to

Tenderer‟s Page STD/7
DELIVERY OF TENDER
B Tenders and all documents in connection therewith, as specified

above must be delivered in the addressed envelope which should be
properly sealed and deposited at the offices as specified in the letter
accompanying these documents or as indicated in the advertisement.
Tenders will be opened at the time specified in the letter

accompanying these Tender Documents or as indicated in the
advertisement. Tenders delivered/received later than the above time
will not be opened.
VALUE ADDED TAX
C The Contractor‟s attention is drawn to the Legal Notice in the

Finance Act part 3 Section 21(b) operative from 1st September, 1993
which requires payment of VAT on all contracts.
Carried to collection PP/10
PP/7
AMOUNT
IN APPENDIX TO CONTRACT AGREEMENT
A The following are the insertions to be made in the appendix to the

Contract Agreement
B Period of Final Measurement 3 months after

Practical
Completion
C Defects Liability Period 6 months after

Practical
Completion
D Date for Possession To be agreed

with the
Project
Manager
E Date for Completion 8 weeks from

date of
possession
F Liquidated and Ascertained Damages At the rate of

Kshs.
20,000.00 per
week or part
thereof
G Period of Interim Payment Certificates Monthly
H Period of Honouring Certificates 30 Days
J Percentage of Certified Value Retained 10%
K Limit of Retention Fund 10%

PP/8
AMOUNT
PROTECT MANAGEMENT EXPENSES
PP/9
AMOUNT
COLLECTION
1 Brought forward from page PP/1
PARTICULAR PRELIMINARIES CARRIED TO GRAND

SUMMARY
PP/10
ITEM DESCRIPTION KSHS
GENERAL PRELIMINARIES
A. PRICING OF ITEMS OF PRELIMINARIES AND PREAMBLES
Prices will be inserted against items of Preliminaries in the

Contractor's priced Bills of Quantities and Specification.
The Contractor shall be deemed to have included in his prices or rates
for the various items in the Bills of Quantities or Specification for all
costs involved in complying with all the requirements for the proper
execution of the whole of the works in the Contract.
B. ABBREVIATIONS
Throughout these Bills, units of measurement and terms are

abbreviated and shall be interpreted as follows:-
C.M. Shall mean cubic metre
S.M. Shall mean square metre
L.M. Shall mean linear metre
MM Shall mean Millimetre
KG. Shall mean Kilogramme
NO. Shall mean Number
Prs. Shall mean Pairs
B.S. Shall mean the British Standard Specification

Published by theBritish Standards Institution, 2 Park Street, London
W.I., England.
Ditto Shall mean the whole of the preceding description except as

qualified in the description in which it occurs.
m.s. Shall mean measured separately.
a.b.d Shall mean as before described.

Carried to collection
EXCEPTION TO THE STANDARD METHOD OF
A.
MEASUREMENT
Attendance ; Clause B19(a) of the Standard Method of Measurement is

deleted and the following clause is substituted:-
Attendance on nominated Sub-Contractors shall be given as an item in

each case shall be deemed to include: allowing use of standing
scaffolding, mess rooms, sanitary accommodation and welfare facilities;
provision of special scaffolding where necessary;providing space for
office accommodation and for storage of plant and materials;providing
light and water for their work: clearing away rubbish; unloading
checking and hoisting: providing electric power and removing and
replacing duct covers, pipe casings and the like necessary for the
execution and testing of Sub- Contractors' work and being responsible
for the accuracy of the same.
Fix Only:-
"Fix Only" shall mean take delivery at nearest railway station (Unless
otherwise stated), pay all demurrage charges, load and transport to site
where necessary, unload, store, unpack, assemble as necessary,
distribute to position, hoist and fix only.
B PLANT, TOOLS AND VEHICLES
Allow for providing all scaffolding, plant, tools and vehicles required for
the worksexcept in so far as may be stated otherwise herein and except
for such items specifically and only required for the use of nominated
Sub-Contractors as described herein. No timber used for scaffolding,
formwork or temporary works of any kind shall be used afterwards in
the permanent work.
A TRANSPORT.
Allow for transport of workmen, materials, etc., to and from the site at
such hours and by such routes as may be permitted by the competent
authorities.
B MATERIALS AND WORKMANSHIP.
All materials and workmanship used in the execution of the work shall
be of the best quality and description unless otherwise stated. The
Contractor shall order all materials to be obtained from overseas
immediately after the Contract is signed and shall also order materials
to be obtained from local sources as early as necessary to ensure that
they are onsite when required for use in the works. The Bills of
Quantities shall not be used for the purpose of ordering materials.
C SIGN FOR MATERIALS SUPPLIED.
The Contractor will be required to sign a receipt for all articles and
materials supplied by the PROJECT MANAGER at the time of taking
deliver thereof, as having received them in good order and condition,
and will thereafter be responsible for any loss or damage and for
replacements of any such loss or damage with articles and/or materials
which will be supplied by the PROJECT MANAGER at the current
market prices including Customs Duty and V.A.T., all at the
Contractor's own cost and expense, to the satisfaction of the
PROJECT MANAGER
D STORAGE OF MATERIALS
The Contractor shall provide at his own risk and cost where directed
on the site weather proof lock-up sheds and make good damaged or
disturbed surfaces upon completion to the satisfaction of the PROJECT
MANAGER Nominated Sub-Contractors are to be made liable for the
cost of any storage accommodation provided especially for their use.
A. SAMPLES
The Contractor shall furnish at his own cost any samples of materials or
workmanship including concrete test cubes required for the works that may
be called for by the PROJECT MANAGER for his approval until such samples
are approved by the PROJECT MANAGER and the PROJECT MANAGER,
may reject any materials or workmanship not in his opinion to be up to
approved samples. The PROJECT MANAGER shall arrange for the testing of
such materials as he may at his discretion deem desirable, but the testing shall
be made at the expense of the Contractor and not at the expense of the
PROJECT MANAGER. The Contractor shall pay for the testing in accordance
with the current scale of testing charges laid down by the Ministry of Public
Works.
The procedure for submitting samples of materials for testing and the method
of marking for identification shall be as laid down by the PROJECT
MANAGER The Contractor shall allow in his tender for such samples and
tests except those in connection with nominated sub-contractors' work.
B. GOVERNMENT ACTS REGARDING WORK PEOPLE ETC.
Allow for complying with all Government Acts, Orders and Regulations in
connection with the employment of Labour and other matters related to the
execution of the works. In particular the Contractor's attention is drawn to
the provisions of the Factory Act 1950 and his tender must include for all costs
arising or resulting from compliance with any Act, Order or Regulation
relating to Insurances, pensions and holidays for workpeople or so the safety,
health and welfare of the workpeople. The Contractor must make himself
fully acquainted with current Acts and Regulations, including Police
Regulations regarding the movement, housing, security and control of labour,
labour camps , passes for transport, etc. It is most important that the
Contractor, before tendering, shall obtain from the relevant Authority the
fullest information regarding all such regulations and/or restrictions which
may affect the information regarding all such regulations and/or restrictions
which may affect the organisation of the works, supply and control of labour,
etc., and allow accordingly in his tender.
No claim in respect of want of knowledge in this connection will be
entertained.
C. SECURITY OF WORKS ETC.
The Contractor shall be entirely responsible for the security of all the works
stores, materials, plant, personnel, etc., both his own and sub-contractors' and
must provide all necessary watching, lighting and other precautions as
necessary to ensure security against theft, loss or damage and the protection
of the public.
A. PUBLIC AND PRIVATE ROADS.
Maintain as required throughout the execution of the works and make good
any damage to public or private roads arising from or consequent upon the
execution of the works to the satisfaction of the local and other competent
authority and the PROJECT MANAGER
B. EXISTING PROPERTY.
The Contractor shall take every precaution to avoid damage to all existing
property including roads, cables, drains and other services and he will be held
responsible for and shall make good all such damage arising from the
execution of this contract at his own expense to the satisfaction of the
PROJECT MANAGER
C. VISIT SITE AND EXAMINE DRAWINGS.
The Contractor is recommended to examine the drawings and visit the site
the location of which is described in the Particular Preliminaries hereof. He
shall be deemed to have acquainted himself therewith as to its nature,
position, means of access or any other matter which, may affect his tender. No
claim arising from his failure to comply with this recommendation will be
considered.
D. ACCESS TO SITE AND TEMPORARY ROADS.
Means of access to the Site shall be agreed with the PROJECT MANAGER
prior to commencement of the work and Contractor must allow for building
any necessary temporary access roads for the transport of the materials, plant
and workmen as may be required for the complete execution of the works
including the provision of temporary culverts, crossings, bridges, or any other
means of gaining access to the Site. Upon completion of the works, the
Contractor shall remove such temporary access roads; temporary culverts,
bridges, etc., and make good and reinstate all works and surfaces disturbed to
the satisfaction of the PROJECT MANAGER
E. AREA TO BE OCCUPIED BY THE CONTRACTOR
The area of the site which may be occupied by the Contractor for use of
storage and for the purpose of erecting workshops, etc., shall be defined on
site by the PROJECT MANAGER
A. OFFICE ETC. FOR THE PROJECT MANAGER
The Contractor shall provide, erect and maintain where directed on site and
afterwards dismantle the site office of the type noted in the Particular
Preliminaries, complete with Furniture. He shall also provide a strong metal
trunk complete with strong hasp and staple fastening and two keys. He shall
provide, erect and maintain a lock-up type water or bucket closet for the sole
use of the PROJECT MANAGER including making temporary connections to
the drain where applicable to the satisfaction of Government and Medical
Officer of Health and shall provide services of cleaner and pay all conservancy
charges and keep both office and closet in a clean and sanitary condition from
commencement to the completion of the works and dismantle and make good
disturbed surfaces. The office and closet shall be completed before the
Contractor is permitted to commence the works. The Contractor shall make
available on the Site as and when required by the "PROJECT MANAGER" a
modern and accurate level together with levelling staff, ranging rods and 50
metre metallic or linen tape.
B. WATER AND ELECTRICITY SUPPLY FOR THE WORKS

The Contractor shall provide at his own risk and cost all necessary water,
electric light and power required for use in the works. The Contractor must
make his own arrangements for connection to the nearest suitable water main
and for metering the water used. He must also provide temporary tanks and
meters as required at his own cost and clear away when no longer required
and make good on completion to the entire satisfaction of the PROJECT
MANAGER . The Contractor shall pay all charges in connection herewith. No
guarantee is given or implied that sufficient water will be available from mains
and the Contractor must make his own arrangements for augmenting this
supply at his own cost. Nominated Sub--contractors are to be made liable for
the cost of any water or electric current used and for any installation provided
especially for their own use.
C. SANITATION OF THE WORKS
The Sanitation of the works shall be arranged and maintained by the

Contractor to the satisfaction of the Government and/or Local Authorities,
Labour Department and the PROJECT MANAGER
D. SUPERVISION AND WORKING HOURS
The works shall be executed under the direction and to the entire satisfaction
in all respects of the PROJECT MANAGER who shall at all times during
normal working hours have access to the works and to the yards and
workshops of the Contractor and sub-Contractors or other places where
work is being prepared for the contract.
A PROVISIONAL SUMS.
The term "Provisional Sum" wherever used in these Bills of Quantities shall
have the meaning stated in Section A item A7(i) of the Standard Method of
Measurement.Such sums are net and no addition shall be made to them for
profit.
B PRIME COST (OR P.C.) SUMS.
The term "Prime Cost Sum" or "P.C. Sum" wherever used in these Bills of
Quantities shall have the meaning stated in Section A item A7 (ii) of the
Standard Method of Measurement . Persons or firms nominated by the
PROJECT MANAGER to execute work or to provide and fix materials or
goods are described herein as Nominated Sub-Contractors.Persons or firms so
nominated to supply goods or materials are described herein as Nominated
Suppliers.
C PROGRESS CHART.
The Contractor shall provide within two weeks of Possession of Site and in
agreement with the PROJECT MANAGER a Progress Chart for the whole of
the works including the works of Nominated Sub-Contractors ; one copy to
be handed to the PROJECT MANAGER and a further copy to be retained on
Site. Progress to be recorded and chart to be amended as necessary as the
work proceeds.
D ADJUSTMENT OF P.C. SUMS.
In the final account all P.C. Sums shall be deducted and the amount
properly expended upon the PROJECT MANAGER'S order in respect
of each of them added to the Contract sum. The Contractor shall
produce to the PROJECT MANAGER such quotations, invoices or
bills, properly receipted, as may be necessary to show the actual details
of the sums paid by the Contractor. Items of profit upon P.C. Sums
shall be adjusted in the final account pro-rata to the amount paid. Items
of "attendance" (as previously described) following P.C. Sums shall be
adjusted pro-rata to the physical extent of the work executed (not pro-
rata to the amount paid) and this shall apply even though the
Contractor's priced Bill shows a percentage in the rate column in
respect of them. Should the Contractor be permitted to tender and his
tender be accepted of any work for which a P.C. Sum is included in
these Bill of Quantities profit and attendance will be allowed at the
same rate as it would be if the work were executed by a Nominated
Sub-Contractor.
A. ADJUSTMENT OF PROVISIONAL SUMS.
In the final account all Provisional Sums shall be deducted and the
value of the work properly executed in respect of them upon the
PROJECT MANAGER's order added to the Contract Sum. Such work
shall be valued , but should any part of the work be executed by a
Nominated Sub-Contractor, the value of such work or articles for the
work to be supplied by a Nominated Supplier, the value of such work
or articles shall be treated as a P.C. Sum and profit and attendance
comparable to that contained in the priced Bills of Quantities for
similar items added.
B. NOMINATED SUB-CONTRACTORS
When any work is ordered by the PROJECT MANAGER to be

executed by nominated sub-contractors, the Contractor shall enter into
sub-contracts and shall thereafter be responsible for such sub-
contractors in every respect. Unless otherwise described the
Contractor is to provide for such Sub-Contractors any or all of the
facilities described in these Preliminaries. The Contractor should price
for these with the nominated Sub-contract Contractor's work
concerned in the P.C. Sums under the description "add for Attendance".
C. DIRECT CONTRACTS
Notwithstanding the foregoing conditions, the Government reserves

the right to place a "Direct Contract" for any goods or services required
in the works which are covered by a P.C. Sum in the Bills of Quantities
and to pay for the same direct. In any such instances, profit relative to
the P.C. Sum in the priced Bills of Quantities will be adjusted as
described for P.C. Sums is allowed.
D. ATTENDANCE UPON OTHER TRADESMEN, ETC.
The Contractor shall allow for the attendance of trade upon trade and
shall afford any tradesmen or other persons employed for the execution
of any work not included in this Contract every facility for carrying out
their work and also for use of his ordinary scaffolding. The Contractor,
however, shall not be required to erect any special scaffolding for them.
The Contractor shall perform such cutting away for and making good
after the work of such tradesmen or persons as may be ordered by the
PROJECT MANAGER and the work will be measured and paid for to
the extent executed at rates provided in these Bills.
A INSURANCE
The Contractor shall insure as required in Conditions No. 30 of the

Conditions of Contract. No payment on account of the work executed
will be made to the Contractor until he has satisfied the PROJECT
MANAGER either by production of an Insurance Policy or and
Insurance Certificate that the provision of the foregoing Insurance
Clauses have been complied with in all respects. Thereafter the
PROJECT MANAGER shall from time to time ascertain that premiums
are duly paid up by the Contractor who shall if called upon to do so,
produce the receipted premium renewals for the PROJECT
MANAGER's inspection.
B PROVISIONAL WORK
All work described as "Provisional" in these Bills of Quantities is subject

to remeasurement in order to ascertain the actual quantity executed for
which payment will be made. All "Provisional" and other work liable to
adjustment under this Contract shall left uncovered for a reasonable
time to allow all measurements needed for such adjustment to be taken
by the PROJECT MANAGER Immediately the work is ready for
measuring, the Contractor shall give notice to the PROJECT
MANAGER. If the Contractor makes default in these respects he shall
if the PROJECT MANAGER so directs uncover the work to enable all
measurements to be taken and afterwards reinstate at his own expense.
C ALTERATIONS TO BILLS, PRICING, ETC.
Any unauthorised alteration or qualification made to the text of the

Bills of Quantities may cause the Tender to be disqualified and will in
any case be ignored. The Contractor shall be deemed to have made
allowance in his prices generally to cover any items against which no
price has been inserted in the priced Bills of Quantities.All items of
measured work shall be priced in detail and the Tenders containing
Lump Sums to cover trades or groups of work must be broken down to
show the price of each item before they will be accepted.
D BLASTING OPERATIONS
Blasting will only be allowed with the express permission of the

PROJECT MANAGER in writing. All blasting operations shall be
carried out at the Contractor's sole risk and cost in accordance with
any Government regulations in force for the time being, and any special
regulations laid down by the PROJECT MANAGER governing the use
and storage of explosives.
A. MATERIALS ARISING FROM EXCAVATIONS
Materials of any kind obtained from the excavations shall be the

property of the Government. Unless the PROJECT MANAGER directs
otherwise such materials shall be dealt with as provided in the
Contract. Such materials shall only be used in the works, in
substitution of materials which the Contractor would otherwise have
had to supply with the written permission of the PROJECT
MANAGER Should such permission be given, the Contractor shall
make due allowance for the value of the materials so used at a price to
be agreed.
B. PROTECTION OF THE WORKS.
Provide protection of the whole of the works contained in the Bills of

Quantities,including casing , casing up, covering or such other means as
may be necessary to avoid damage to the satisfaction of the PROJECT
MANAGER and remove such protection when no longer required and
make good any damage which may nevertheless have been done at
completion free of cost to the Government.
C. REMOVAL OF RUBBISH ETC.
Removal of rubbish and debris from the Buildings and site as it

accumulates and at the completion of the works and remove all plant,
scaffolding and unused materials at completion.
D. WORKS TO BE DELIVERED UP CLEAN
Clean and flush all gutters, rainwater and waste pipes, manholes and
drains, wash (except where such treatment might cause damage) and
clean all floors, sanitary fittings,glass inside and outside and any other
parts of the works and remove all marks,blemishes, stains and defects
from joinery, fittings and decorated surfaces generally,polish door
furniture and bright parts of metalwork and leave the whole of the
buildings watertight, clean, perfect and fit for occupation to the
approval of the PROJECT MANAGER
E NCA LEVY
The Contractor's attention is drawn toNational Construction

Authority Act Clause 31 which requires payment by the contractor of a
NCA Levy at the rate of 0.5 % of the Contract sum on all contracts of
more than Kshs. 5,000,000.00 in value.
A. GENERAL SPECIFICATION.
For the full description of materials and workmanship, method of

execution of the work and notes for pricing, the Contractor is referred
to the Ministry of Roads and Public Works and Housing General
Specification dated 1976 or any subsequent revision thereof which is
issued as a separate document, and which shall be allowed in all
respects unless it conflicts with the General Preliminaries, Trade
Preambles or other items in these Bills of Quantities.
B. TRAINING LEVY
The Contractor's attention is drawn toNational Construction
Authority Act Clause 31 which requires payment by the contractor of a
Training Levy at the rate of 0.5 % of the Contract sum on all contracts
of more than Kshs. 5000,000.00 in value.
C. MATERIALS ON SITE
All materials for incorporation in the works must be stored on or

adjacent to the site before payment is effected unless specifically
exempted by the PROJECT MANAGER. This includes the materials of
the Main Contractor, Nominated Sub-Contractors and Nominated
Suppliers.
D. HOARDING
The Contractor shall enclose the site or part of the works under
construction with a hoarding 2400 mm high consisting of iron sheets
on 100 x 50 mm timber posts firmly secured at 1800 mm centres with
two 75 x 50 mm timber rails approximately three hundred and fifty
metres. The Contractor is in addition required to take all precautions
necessary for the safe custody of the works,materials, plant, public and
Employer's property on the site.
E. CONTRACTOR'S SUPERINTENDENCE/SITE AGENT
The Contractor shall constantly keep on the works a literate English

speaking Agent or Representative, competent and experienced in the
kind of work involved who shall give his whole experience in the kind
of work involved and shall give his whole time to the superintendence
of the works. Such Agent or Representative shall receive on behalf of
the Contractor all directions and instructions from the Project Manager
and such directions shall be deemed to have been given to the
Contractor in accordance with the Conditions of Contract.
Carried to Collection
COLLECTION
Brought Forward From Page GP/1
TOTAL FOR GENERAL PRELIMINARIES CARRIED TO GRAND

SUMMARY
SPECIFICATION
001 GENERAL DESCRIPTION OF WORKS
1. The site for the proposed works is in BUSIA COUNYTY, Malaba South Ward.
The works involves Construction of Armco Steel culvert footbridge, the
approaches on both sides of the bridge and associated works.
2. PRICING OF ITEMS
No prices will be inserted against items of particular preliminaries. The

contractor shall be deemed to have included in his prices or rates of the
various items in the Bills of Quantities or specifications for all costs involved
in complying with all the requirements for the proper execution of the whole
of the works in the contract.
3. SCOPE OF THE WORKS
These are given without warranty and for guidance only:-

(i) Concrete pipe culvert installation
(ii) Earthworks
(iii) Road formation to the approaches
(iv) Concrete box culvert
4. DRAWINGS
All drawings are deemed to be self-explanatory. However, where doubts

exist, the contractor should liaise with the Engineer before proceeding with
the works. The scales are as shown, and only figured dimensions are to be
applied.
5. SITE OFFICE
The contractor shall be required to provide and maintain a site office for the
DR and his team together with all standard furniture, fittings and telephone.
The contractor shall be responsible for paying all connections, rent and call
charges in connection therewith.
6. LABOUR CAMP
The contractor is not permitted to house labour on site. He will be responsible
for the transportation of workmen to and from site at his own cost and risk.
SP/1
002 MANAGEMENT OF THE CONTRACT
The Chief Officer Department of Works, Roads, Transport and Energy will overall
responsibiliy for the contract management and site supervision. All materials and
workmanship will comply with the latest edition of MOPW General Specification of
Civil Engineering works.
003 EXTENT OF CONTRACT AND ALTERATION OF DESIGN
1. The works specified under this contract shall include all general works preparatory to
execution of all matters, things, requisites and work of any kind necessary for the due
and satisfactory construction, completion and maintenance of the work to the intent
and meaning of the drawings and this specification, and further drawings and orders,
that may be issued by the Engineer from time to time, compliance by the contractor
with all the General Conditions of Contract, whether specifically mentioned or not in
the clause of this specification, all materials, apparatus, plant, machinery, tools, fuel,
water, timbering and tackle of every description; transport, offices, stores, workshops,
staff, labour, the provision of proper and sufficient protective works, temporary
fencing, lighting and watching required for the safety of the public and protection of
the works and adjoining lands, first aid equipment, sanitary, accommodation for the
staff and workmen; the effecting and maintenance of all insurances, the payment of
all wages, salaries, fees, royalties, duties or other charges arising out of the execution
of the works and the regular clearance of rubbish, re-instatement and clearing and
leaving perfect on completion. The Contract will be deemed to have included in his
rates the cost of complying with the requirements of this specification and General
Conditions of the Contract unless otherwise specified.
2. Should the Contractor have comments regarding soundness of the design of any part
of the work, or should he consider that the execution of the design is impossible on
any part of the Contract, the contractor is required to notify the Engineer in writing at
the time of tender and provide factual evidence substantiating his opinion when
required to do so by the Engineer.
3. Notices given by the contractor in respect of the above after the tender is submitted
will not be considered as the basis of a claim for additional costs or extensions of the
time.
The Engineer may require to alter the design of any part of the structure should site
conditions warrant such a change, and the rates entered in the Bills of Quantities
should be applicable for the similar items. The rates for the items of the work not
covered by the Bill of Quantities shall be established by the Engineer.
SP/2
04 PROGRAMME FOR EXECUTION OF THE WORKS
In accordance with the terms of clause 14 of the General Conditions of the Contract, the
contractor shall submit to the Engineer within 28 days from
the order to commence a fully detailed programme showing the order,
procedure and method by which he proposes to carry out the construction and
completion of the works.
The information to be supplied to the Engineer shall include drawings showing the
general arrangement of the temporary offices and other temporary structures, which
the Contractor proposes to use together with details of the construction plant and
temporary works and all other devices, which he proposes to adopt for the
construction and completion of the whole of the works and in addition details of the
labour strength, skilled and unskilled and supervision arrangements.
The order in which it is proposed to execute the permanent works is subject to adjustment
and approval by the Engineer and the Contract Price shall be held to include for any
reasonable and necessary adjustment required by the Engineer during the course of
the work.
The contractor will be deemed to have considered the effect of seasonal weather
variations, when programming his operations. It must be clearly understood, that
rains of up to 75mm per day will be deemed to be normal and expected. No claims
by the contractor for extension of time due to rains of floods less than 75mm per day
as measured by the Meteorological Department will be considered by the Engineer.
The contractor, when preparing his programme has to consider the time for the delivery of
any imported material and the Engineer‟s normal working hours.
The Engineer‟s normal working hour shall be defined as 8 a.m. to 5 p.m. on week days
with Saturdays and Sundays set aside for rest. If the contractor wishes to execute
permanent works outside these hours, he shall obtain the written permission of the
Engineer to make provision for supervision of such works.
The Contractor shall carry out the contract in accordance with the Programme agreed with
the Engineer, but he shall in no manner be relieved by the Engineer‟s approval of the
programme of his obligations to complete the works by the prescribed completion
date, and he shall from time to time review his progress and make such amendments
to his rate of execution of the works as may be necessary to fulfill his obligations.
If in the opinion of the Engineer the plant or the equipment used by the contractor for any
specific item of the work does not fulfil the requirements of the specifications in
respect of the workmanship quality and safety of structures, such items of plant and
equipment shall be replaced with similar or equivalent items of plant or equipment to
the satisfaction of the Engineer.
No extra payment will be made in respect of such replacements.
SP/3
005 TEMPORARY WORKS
After the contract is placed and before the work commences the contractor shall submit to
the Engineer drawings showing the general arrangement of
his offices, quarters, workshop etc. and other temporary works with diagrams and
descriptions, showing how he proposes to execute such temporary works and how
they fit into his programme for the permanent works, all to be subject to adjustment
and approval by the Engineer.
The Contractor shall be fully responsible for the sufficiency, stability and safety of all
temporary works and their care in accordance with the Conditions of Contract.
The contractor shall at his own expenses, supply in advance to the Engineer for his
approval, detailed drawings and calculations of stability of such temporary works as
the Engineer may direct, but no approval given or implied by the Engineer shall relieve
the contractor of his responsibilities in connection with the temporary works.
Unless otherwise instructed, upon completion of the contract and after receiving approval
in writing from the Engineer, the contractor shall take down and remove all structures
forming part of his own camp and that of the Engineer, and shall arrange for the
disconnection of water supply, remove all drains and culverts, backfill trenches, fill in all
latrine pits, soakages and other sewage disposal excavations, with the exception of items
and services to revert the ownership of the Employer, and shall restore the site as far as
practicable to its original Condition and leave it neat and tidy to the satisfaction of the
Engineer.
006 SITE PERSONNEL

The Engineer will require the contractor to submit a list of professional and sub-
professional personnel to be employed on the site stating their qualifications and
experience.
The contractor shall be responsible for ensuring, that all personnel of Non-Kenyan origin
employed on site by himself or his Sub-contractors or who are otherwise connected
with the construction contract through the Contractor must be approved and cleared
individually in writing by the appropriate Government Official to work on the project.
Where personnel are not approved, the contractor shall be responsible at his own
expense for obtaining and employing suitable and approved personnel.
The Engineer reserves the right to determine suitability of the persons employed by the
contractor and may request replacement at any time of any member of the team
employed by the contractor, if in the opinion of the Engineer the presence of such a
person is deleterious to the execution of the Contract. The engineer‟s decision is final
and binding.
The Contractor shall keep constantly a literate English speaking Agent or Engineer as
his representative on the site, competent and experienced in the type of works
involved, who shall give his whole time to the supervision of the Contractor‟s
operations.
SP/4
The name of such Agent or Representative shall be submitted in writing to the Engineer for
approval and he shall receive on behalf of the contractor all directions and instructions from
the Engineer or his representative and such
directions and instructions shall be deemed to have been given to the contractor in
accordance with the Conditions of Contract.
007 NOTICE OF OPERATIONS
1. No important operations shall be carried out without the consent of the Engineer in
writing, or without full and complete notice also in writing, being given to the
Engineer by the contractor sufficiently in advance of the time of the operation as to
enable the Engineer to make such arrangements as he may deem necessary for its
inspection.
2. The contractor shall supply, from time to time, to the Engineer in writing, full
information with respect of locations in which the work is being prepared.
3. The contractor shall give the Engineer not less than 24 hours‟ notice of his intensions
to set out or give levels for any part of the works, in order that arrangements may be
made for checking. Any bench marks, setting out pegs or other line or level markings
installed or made by the Engineer shall be carefully preserved by the contractor.
Working shall be suspended for such times as may be necessary for checking the lines
and levels on any part of the work.
008 SETTING OUT

It will be the responsibility of the contractor to obtain before commencing work the value
and location of the benchmarks to be used for the works from the Engineer. All
temporary benchmarks will be referred hereto. The contractor shall construct such
temporary benchmarks as the Engineer may direct and agree the level thereof with the
Contractor. The establishment of such temporary bench marks will be deemed to be
part of the contractor‟s responsibility in setting out the works and no additional
payment will be allowed.
Should the contractor discover any error in the alignment or levels of the basic setting out,
he shall at once notify the Engineer, who will then issue amended drawings or
instructions regarding the correction of the error.
The contractor shall establish temporary benchmarks at less than 500m intervals and shall
provide the Engineer with a schedule of their levels and location.
The Contractor shall allow in the bill of quantities for complying with the provisions of
this clause and any abortive setting out occasioned by error in the alignment or levels
of the Contractor's basic setting out.
SP/5
009 INFORMATION FROM BORINGS AND PITS
When certain exploratory borings have been made by the Engineer on the site of the works
and the results obtained are shown on the drawings, the contractor is warned, that this
information is given without guarantee of
correctness, and any conclusion which the contractor may draw from such information
are entirely his own responsibility.
The contractor will satisfy himself by his own investigation and experience as to the strata
and ground conditions actually occurring. He shall allow for such investigations in his
rates and prices and arrange his method of working to take account of such strata and
any natural or artificial variations which may occur. In this connection the
Contractor‟s attention is drawn to his obligations with regard to the inspection and
examination of the site as detailed in clause 11 of the Conditions of Contract.
The Engineer reserves the right to adjust foundation levels and other levels for
construction below ground level, in the light of information, that becomes available as
general excavation proceeds upon the site
011 HEALTH, SAFETY AND ACCIDENT

The contractor shall ensure, so far as is reasonably practicable, and to the satisfaction of
the Engineer the health, safety and welfare at work of his employees including those of his
Sub-Contractors and of all other persons on the site.
From the time any portion of the works is commenced, until the end of the maintenance
period, the contractor shall be responsible for protecting the public from anything
dangerous to persons or property and for the safe and easy passage of pedestrians and
vehicular traffic.
The contractor shall designate one of his senior staff, who shall have specific knowledge
of safety regulations and experience of safety precautions on similar works and who shall
advise on all matters affecting the safety of workmen and on measures to be taken to
promote safety in compliance with the factories act Cap.514, as a safety officer,
The contractor shall provide protective clothing and equipment, first aid stations with such
personnel and equipment as are necessary. The appropriate information, instructions,
training and supervision will be arranged by the contractor to ensure the safety and health
of all the persons employed on the works, all in accordance with the laws of Kenya.
The contractor shall provide adequate waterborne sanitation and refuse collection and
disposal complying with the laws of Kenya and all local by-laws, and to the satisfaction of
the Engineer, for all houses, offices, workshops erected on site. Construction of pit
latrines will not be permitted unless the Engineer has given his approval in writing.
During the period of execution of the works the contractor shall ensure that no pollution of
existing watercourses or of reservoir catchment areas is allowed to take place as a result of
his operation.
SP/6
012 PRIVATELY OWNED AND PUBLIC UTILITY SERVICES
The contractor shall make himself acquainted with the position of all existing works and
services inter alia sewers, storm water drains, cables for electricity and telephone and
lighting poles and water mains before any excavations commences.
The contractor will be held responsible for damage caused in the course of the execution
of the works to such existing works and services and shall indemnify the Employer
against any claims arising from such damage (including consequential damages). Any
damage caused must be made good at the contractor‟s own expense.
Such existing works and services, where exposed by the execution of the works, must be
properly shored, hung-up and supported to the satisfaction of the Engineer and of the
Authority concerned. The contractor shall exercise special care, when refilling
trenches or other excavations around such existing works or services.
Poles supporting cables etc. adjacent to the works will be kept securely in place, until the
work is completed and will then be made as safe and permanent as before.
Notwithstanding the foregoing requirements and without lessening the Contractors

responsibility, the contractor shall inform the Engineer immediately when existing
works have been exposed and conform to any requirements of the Authority concerned
and not the Engineer.
6. Any damage to or interference with existing services occasioned during the progress of
the works, will be deemed to be the responsibility of the contractor, who shall
undertake to make good at his own expense any damage so caused to the existing
underground services or other features, and shall be liable in respect of all claims
arising from such damage or interference, however occasioned.
7. Only when, and as directed by the Engineer the position of an existing work or service
can be changed by the contractor to meet the requirements of the proposed work. The
cost of such work will be paid for on a daywork basis, except where a specific item has
been provided in the bills of quantities.
013 EXISTING ROADS AND ACCESSES
1. The contractor shall comply with all requirements of the Employer, owners or the
competent Authority concerning the use of tracked equipment or other construction
plant on any public or private road.
SP/7
2. The cost of providing all diversions, signs, operators, flagment and all reinstatement to
the approval of the Engineer will be deemed to be included into rates entered in the
bills of quantities, as will the cost of any road opening permit.
3. Before excavating across any public road, the contractor shall give 10 days‟ notice in
writing to the Engineer and the Local Authority or the Ministry of Roads and Public
Works his intention to excavate. He shall satisfy the Engineer, the Local Authority or
the Ministry of Roads and Public Works, Roads Department and the Police as to the
precautions he proposes to take and the signs and lights to be provided and operated.
On any road or track at least 4 red lights shall be suitably placed on either side of the
trench and diversions shall be clearly marked, signed and maintained.
4. The contractor shall further give to the Engineer a 24 hours‟ notice before excavating
across a private road. Existing access to lands, property and all other things will be
maintained by the contractor during the continuance of the works to the Engineer‟s
satisfaction. The cost of such maintenance will be deemed to be covered by and
included in the rates entered onto the bills of quantities.
5. When a road, used by the contractor for transporting labour or construction plant or for
delivery of any material for the works is closed under section 71 of the traffic
ordinance 1962, or amendments thereto, the contractor shall obey such closure and
shall use alternative roads.
014 COMPLIANCE WITH STATUTES AND REGULATIONS
In addition to the requirements of clause 26 of the General Conditions of Contract, the

contractor shall be responsible for acquainting himself with all current valid statute
ordinances or by-laws or building regulations, which may affect the works and shall
include in his rates for all costs arising from compliance with the same. This applies in
particular to the training levy and similar taxes for which no claims on the part of the
contract will be entertained.
The contractor shall also keep in close touch with Police and other Government officials of
the area regarding their requirements, in the control of traffic or other matters, and
shall provide all assistance or facilities, which may be required by such officials in the
execution of their duties.
The contractor‟s attention is drawn to legal notice No.237 of Cctober, 1971, which
requires payment by the Contractor for Training Levy at the rate of 0.25% of the
contract sum on all contracts of more than Kshs.50,000.00 – in value and his tender
must include for all costs arising or resulting thereof. The training levy shall be paid
by the contractor without delay. The original receipt shall be given to the Engineer for
verification. No payment certificate will be certified by the Engineer, until the
contractor complies with the above legal notice.
SP/8
015 PROTECTION FROM WATER
Except as otherwise specified, the contractor shall be responsible for dealing with water,
whether from existing drainage systems, water courses, underground springs,
precipitation or any other source or cause. In discharging and diverting water, he
shall avoid flooding or damaging other works or services, causing erosion and/or
polluting water courses.
The contractor shall keep the whole of the works free from water and shall provide all
dams, cofferdams, pumping, piling, shoring, temporary drains, sumps etc. necessary
for this purpose.
Well in advance of commencing the permanent works, the contractor shall at his own
expense cut drains and ditches and carry out any other measures necessary to
effectively drain the original ground and/or shall so programme his works, that the
necessity of temporarily draining the original ground is partially or totally obviated by
working in the dry season.
The contractor shall at his own expense take all necessary precautions to prevent damage
due to erosion and siltation during construction. Precautions will include temporary
drainage berms, scour, checks, riprap and the like. Spoil or stockpile material shall be
dumped in such a way that it does not interfere with streams, watercourses or any of
the drainage works.
Any damage to the works or to adjacent properties resulting from the Contractor‟s failure
to take the necessary precautions shall be made good at the Contractor‟s expense.
016 WATER SUPPLY
The Contractor shall provide clean and sufficient supply of fresh water both for
construction of the works and for all offices and workshops etc, including the
arrangements, pipelines, meters etc, for connecting to local water mains, the provision
of storage tanks or water conveyance where necessary, payment of all fees and water
charges.
The water shall be reasonably clear of suspended solids and free from any matter in
quantities considered by the Engineer to be deleterious to the proposed work. Water
supplied to the Engineer‟s offices, laboratories, etc, shall be drinkable to the
satisfaction of the Medical Officer in the area.
No separate payment shall be made for the provision of water or its attendant facilities
and the contractor shall allow for all these in his tender rates.
In the event that a water main is not available on or near the site, or that any available
mains will not have sufficient capacity to provide water adequate for works, then the
Contractor shall provide temporary tanks or other means of collecting and distributing
water on the site.
SP/9
017 LIGHT, POWER AND TELEPHONE
1. The contractor shall make his own arrangements for the supply of light, power and
telephone required for the construction of the works and shall pay all fees and charges
in connection therewith.
2. The contractor shall arrange with the appropriate authority for a temporary meter and
supply of electricity and provide all temporary wiring, power and lighting points as he
may consider necessary. In the event of no fixed electricity supply being available,
the contractor shall provide the necessary power generating plant at his own expense.
018 WORKING AREA
1. The Contractor shall restrict his operations to those areas made available to him by the
Engineer and shall at all times provide and maintain an adequate access for the
Employer‟s employees and vehicles to carry out their normal duties in and around the
existing works.
2. The Contractor shall, before entering upon any land purchased, rented, or for the use,
of which compensation has been paid, ensure that all formalities have been completed
and the agreement of the Owner, Tenant and the Engineer has been obtained.
3. The contractor shall not enter or occupy land outside the lands provided above without
the written permission of the owner or competent authority. The Contractor shall make
necessary arrangements and bear all costs involved in acquiring any additional land
needed for his operations.
019 CO-ORDINATION OF THE WORKS

1. The Employer reserves the right to execute works on the site which are not included
in the Contract. He will employ for this purpose either his own employees or another
Contractor. The contractor shall ensure that neither his own operations nor trespass
by his employees will interfere with the operations of the Employer or his contractor
employed on such works.
2. The contractor will be required to carefully co-ordinate his activities and work, both
on and off site, with the activities and work of the other contractors, sub-contractors,
statutory undertakings and all supervisory staff for the works appointed by the
Employer. He shall allow all the works to proceed without undue hindrance and will
co-operate to expedite execution of the works.
3. If any dispute or difference of any kind whatsoever shall arise between the contractor
or statutory undertakings regarding the phasing, progress or execution of the works,
then the Engineer shall have full power to direct in what order the works, or any
portion thereof shall be commenced, carried on or completed and he may from time
to time require the whole or any portion of the works to be discontinued or the
execution thereof postponed for such a period as he may think fit.
4. The contractor shall respect any works executed by others and articles and supplied or
installed by others and will be held responsible for any loss or damage thereto, if
caused by him or his sub-contractors.
SP/10
020 COPIES OF ORDERS AND TEST CERTIFICATES OF MATERIALS
1. Before entering into any sub-contract for the supply of any material or article, the
contractor shall obtain the Engineer‟s approval in writing of the sub-contractor from
whom he proposes to obtain such materials or goods. Should the Engineer at any
time be dissatisfied with such materials or goods or with the method of operations
carried out at such sub-contractor‟s works or place of business, he shall be
empowered to control his previous given approval of such sub-contract and shall
specify any other supplier, whom he may choose, or shall approve another sub-
contractor for the supply of such materials or goods.
2. The Contractor shall then obtain such said materials or goods from such other
supplier and shall bear any additional cost thereof together with the costs and
consequences of replacing any unsatisfactory materials already incorporated in the
works.
3. The Contractor shall deposit with the Engineer samples of such materials and
manufactured articles including the manufacturer‟s specification, when and where
appropriate.
4. When instructed by the Engineer, the contractor shall submit test-certificates from the
suppliers of the materials and goods to be used for the contract to the Engineer. Such
certificates shall certify that the materials or goods concerned have been tested in
accordance with the requirements of the specifications and shall give the results of all
tests carried out. The contractor shall provide adequate means of identifying the
materials and goods delivered to the site with the corresponding certificates.
5. The Contractor shall provide the Engineer with copies of all orders for the supply of
materials and goods required in connection with the works as the Engineer may
require.
6. All materials and manufactured articles shall be stored on site in a manner acceptable
to the Engineer. The contractor shall carefully protect from weather vermin all
works, materials and manufactured articles, which may be affected.
021 PROGRESS, PHOTOGRAPHS AND RECORD DRAWINGS
Colour negatives showing the progress of the works shall be taken every month by the
Contractor from the positions to be selected by the Engineer. The contractor shall supply
proof prints of each negative, from which the Engineer shall select negatives. The
contractor shall produce 2 sets of those selected photographs, Each set shall comprise of 2
numbers, 200 x 150mm colour prints, which shall be handed over to the Engineer together
with all the negatives. Each photograph shall be marked with the number of the negative
and a statement shall be submitted giving the location and date when taken and a brief
description or title.
The photographs shall be mounted on A4 loose leaf sheets, minimum 200g, with
transparent plastic sheets.
After the work has been completed, the contractor shall furnish „as built‟ drawings,
showing the works as constructed together with all other information that may either be
required or be useful for the operation and maintenance of the works in the future, such as
alignment and depth of cover of pipelines, type of soil, rock levels, type dimensions and
location of structures, size of pipelines and cables encountered during excavation.
All drawings shall be A 1 in size to the ink border and drawn on a perm trace paper.
SP/11
21 SURVEY EQUIPMENT FOR THE ENGINEER
The contractor will make available the following survey equipment for use by the
Engineer and the contractor for the duration of the contract. The survey equipment
will be provided in proper adjustment and good working order.
1 No. wild Nk2 theodolite or equivalent with triped.

1 No. 50m metric steel tape.
1 No. 30 metric linen or plastic tape.
1 No. 3 m metric steel tape.
5 No. ranging rods.
1 No. Engineer‟s automatic level, Wild NA2 or equivalent with triped.
1No. Metric levelling staff
A supply of wooden pegs, steel survey pins, hammer and other such surveying accessories.
The contractor will maintain the equipment and replace items as necessary all to the
satisfaction of the Engineer and for the entire duration of the contract.
The equipment will be deemed to be the property of the Employer during the Contract and
will revert to the contractor at the end of the contract.
SP/12
EVALUATION CRITERIA
MR NO MANDATORY REQUIREMENT
MR 1 Certified Copy of Single Business Permit
MR 2 Certified Copy of Certificate of Incorporation
MR 3 Certified Copy of A VALID Tax Compliance Certificate
MR 4 Certified Copy of KRA Pin
MR 5 Dully filled confidential business questionnaire
MR 6 Company profile
MR 7 Form of Tender SIGNED & STAMPED by the person authorized
MR 8 Tender Documents Must be Serialised/Numbered
MR 9 Attach a bid bond of Kshs 25,000 (Twenty Five Thousand) from a reputable
bank or Insurance Company approved by PPRA (Public Procurement
Regulatory Authority)
MR 10 Must provide copies of National ID / Passport for the Directors as per CR12
MR 11 Must dully fill, sign and stamp the priced bill of quantity
MR 12 Attach certified copy of NCA 8 certificate and above(ROAD WORKS)
 Only responsive bidders will proceed to the next stage of evaluation. Non-responsive
bidders will be eliminated from the entire process
TECHNICAL EVALUATION
NO Technical Score Weighting Score Max.Score
Experience. At least 3 Years and
T.S 1 above 3 years & above- 10 Marks 10
 Others prorated at:
Number of years * 10
3
Evidence of Similar works and
T.S 2 above 3 copies and above- 10 Mks 10
Attach
either 3 Copies of the following;  Others prorated at:
 LPO’s/LSO’s Number of copies * 10
 Award Letters 3
 Completion Certificate
Audited books of accounts for the
T.S 3 last Provided ----------10 Mks 10
three years Not Provided------- 0 Mks
Filled and submitted in the
T.S 4 Sanctity of the tender document form as 10
provided-------- 10 mks
Modified document------0 mks
T.S 5 Attach CR12 and Provide list & Director with a degree--- 30Mks 30
copies of certificates of the Directors Director with a diploma--15Mks
(copies must be attached): With no certificate---0 mks
-
T.S 6 Qualification and experience of 2 certificates & above--- 30 Mks 30
management staff- atleast two  Others prorated at:
Number of certificates
copies of certificates and CV of * 30
technical persons whom should be 3
available for verification
TOTAL SCORE 100
 Only bidders who score 80% and above will be subjected to financial
evaluation. Those who score below 80% will be eliminated at this
stage from the entire evaluation process and will not be considered
further.
Financial Score (FS)
The formulae for determining the Financial Score (FS) shall be as follows:-
FS= 100 X FM/F where FS is the financial score; Fmis the lowest priced bidder
and F is the price of the bidder under consideration.
d) Combined Technical and Financial Scores (S)

Bidders will be ranked according to their combined technical (TS) and financial
(FS) scores using the weights (T=the weight given to the Technical Proposal: P =
the weight given to the Financial Proposal; T + p = I) indicated below. The
combined technical and financial score, S,shall be calculated as follows:-
S = TS x T % + FS x P %
Weighting
T= 0.80
S=0.20
BILLS OF QUANTITIES
BILL OF QUANTITIES FOR CONSTRUCTION OF KAMOLO CATTLE DIP-
OPARE PRIMARY SCHOOL CULVERT FOOTBRIDGE-MALABA SOUTH
WARD
(ALL PROVISION)
ITEM DESCRIPTION UNIT QUANTITY RATE AMOUNT

NO.
PRELIMINARIES
1.0 Provide and erect publicity signs as NO 1
directed by the engineer.
1.02 Allow provisional sum of Kenya PC
shillings Fifty thousand for project
management
1.03 Prime cost for river training ITEM
1.04 Provisional sum for river diversion and ITEM

coffer dam construction
1.05 Allow Kshs. 50,000 for quality control PC
and material testing
TOTAL
WARD
(ALL PROVISION)

NO.
INSTALLATION OF 21NO. 1.2M
DIAM. ARMCO STEEL PIPES
1.00 Clear site of bushes, top soil average SM 66
150mm water weed and other
vegetation and dispose as directed
1.02 Excavate in soft material for the CM 200
foundation bed to receive rock fill
1.03 Rock filling on swamp to level using CM 20
approved hand packed stones.
1.04 Transport(from Public Works yard), fix NO 14
and install on site 21number 1.2meter
diameter Armco steel pipes
1.05 Provide, spread and compact approved CM 20
murram blinding 100mm thick coarse
on hand packed stone fill
Formwork
1.06 Provide, erect and afterwards dismantle SM 80
and remove all the formwork as
specified by the Engineer-
Formwork class F1 Finish
Reinforcement
1.07 High yield high bond strength to BS KG 345
4461 of size 16mm and above
1.08 Steel reinforcement to ditto but of 12mm KG 1383

and below
1.09 Provide and lay BRC Mesh A142 as SM 148
specified by the Engineer
Gravel Fill
2.00 Provide, spread, water and compact CM 70
approved murram in layers as per the
specifications or as directed by the
Engineer.
TOTAL
WARD
(ALL PROVISION)

NO.
Concrete
Provide, place and compact the
following classes of concrete as
specified
1.00 Class 15/20 concrete for blinding CM 2
1.01 Class 25/20 concrete for structural works CM 18
Earthworks
1.02 Provide, deposit and compact well CM 50
selected stones to approaches as
directed by the Engineer
TOTAL
WARD
(ALL PROVISION)
SUMMARY SHEET

NO.
1.01 PRELIMINARIES
1.02 CULVERT WORKS
TOTAL
ADD 10% CONTINGENCY
SUB-TOTAL
ADD 16% VAT
GRAND TOTAL

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REPUBLIC OF KENYA

COUNTY GOVERNMENT OF BUSIA

DEPARTMENT OF PUBLIC WORKS, ROADS, TRANSPORT AND

PROPOSED CONSTRUCTION OF KAMOLO CATTLE DIP-OPARE PRIMARY

THE COUNTY GOVERNMENT OF BUSIA

WP ITEM No. PW/SD/003/2018/2019

TENDER NO: BSA/CG/PWRT/251/2018/2019

Prepared by:- Issued by:-

COUNTY STRUCTURAL ENGINEER COUNTY WORKS OFFICER

CHIEF ELEC/MECH ENGINEER CHIEF ENGINEER(STRUCTURAL)

A. Contents page (i)

B. Signature and Special Note page (ii-iii)

C. Standard Tender Documents for Procurement of Works. STD/1 to STD/46

D. Particular Preliminaries PP1 to PP7

E. General Preliminaries GP/1 to GP/13

F. Builder‟s Works BW/1 to BW/19

G. Prime Costs and Provisional Sums PS/1

H. Grand Summary GS/1

PROPOSED CONSTRUCTION OF KAMOLO CATTLE DIP-OPARE PRIMARY

Date: ………………………… Date: ……………………………

SIGNATURE PAGE AND NOTES

STANDARD TENDER DOCUMENT

PUBLIC PROCUREMENT OVERSIGHT

(REVISED OCTOBER 2016)

SECTION I INVITATION FOR TENDERS …………………………… 2

SECTION II INSTRUCTIONS TO TENDERERS …………………… 4

SECTION III CONDITIONS OF CONTRACT ………………………… 11

APPENDIX TO CONDITIONS OF CONTRACT ……… 21 - 22

SECTION IV SPECIFICATIONS, DRAWINGS AND

SECTION V STANDARD FORMS ……………………………………… 25

I. The invitation to tender shall be as an advertisement in accordance with the

1.4 The cover of the tender document should be modified to include:-

II. Tender number.

INVITATION FOR TENDERS

Tender reference No. (as per tender document)

Tender Name (as per tender document)

For (Accounting Officer/Procuring Entity)

1. GENERAL --------------------------------------- --- 4

2. TENDER DOCUMENTS -------------------------- 5

3. PREPARATION OF TENDERS ------------------- 5-6

4. SUBMISSION OF TENDERS --------------------- 6-7

5. TENDER OPENING AND EVALUATON -------- 7 - 8

6. AWARD OF CONTRACT ------------------------- 8-9

1.1 The Employer as defined in the Appendix to Conditions of Contract invites

(a) copies of certificates of registration, and principal place of business;

1.5 The procurement entity‟s employees, committee members, board members

(a) These instructions to Tenderers

2.3 A prospective Tenderer making inquiry of the tendering documents may

2.5 To give prospective Tenderers reasonable time in which to take an addendum

(b) Tender Security;

(c) Priced Bill of Quantities/Schedule of Rates for lump-sum Contracts

(d) Any other materials required to be completed and submitted by

3.5 The unit rates and prices shall be in Kenya Shillings.

3.9 Clarification of tenders shall be requested by the tenderer to be received by

4.1 The tender duly filled and sealed in an envelope shall;-

(a) be addressed to the Employer at the address provided in the invitation to

5. Tender Opening and Evaluation

5.3 Information relating to the examination, clarification, evaluation and