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PROJECT REVIEW THE PROJECT AND RETYPE REPUBLIC OF KENYA GOVERNMENT OF MACHAKOS COUNTY DEPARTMENT OF EDUCATION, SKILLS TRAINING & SO

PROJECT REVIEW THE PROJECT AND RETYPE REPUBLIC OF KENYA

GOVERNMENT OF MACHAKOS COUNTY

DEPARTMENT OF EDUCATION, SKILLS TRAINING & SO

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PROJECT REVIEW THE PROJECT AND RETYPE REPUBLIC OF KENYA

GOVERNMENT OF MACHAKOS COUNTY

DEPARTMENT OF EDUCATION, SKILLS TRAINING & SOCIAL WELFARE

P.O. BOX 3565 – 90100

MACHAKOS

RESERVED FOR YOUTH

TENDER NAME: CONSTRUCTION OF 2 ECDE CLASSES AT MWALA SUB COUNTY

NDULUKU EDCE

KITILE ECDE

TENDER NUMBER/ NEGOTIATION NO: 845143

Pre tender site visit date: January 28, 2021

JANUARY 2021

TABLE OF CONTENTS

Contents Page

INTRODUCTION ………………………………………………………… ………………………………3

SECTION I – INVITATION TO TENDER ………………………………………………………………….. 4

SECTION II – INSTRUCTIONS TO TENDERERS ………………………………………………………. 5

1. General/Eligibility/Qualifications/Joint venture/Cost of tendering ………………………………………………….. 5

2. Tender Documents………………………………………………………………………………………………………………….. 7

3. Preparation of Tenders……………………………………………………………………………………………………………… 8

4. Submission of Tenders ……………………………………………………………………………………………………………. 11

5. Tender Opening and Evaluation ………………………………………………………………………………………………. 11

6. Award of Contract ………………………………………………………………………………………………………………….. 13

7. Corrupt and Fraudulent practices ……………………………………………………………………………………………… 15

SECTION III – CONDITIONS OF CONTRACT ………………………………………………………… 15

1. Definitions …………………………………………………………………………………………………………………………….. 15

2. Interpretation …………………………………………………………………………………………………………………………. 17

3. Language and Law………………………………………………………………………………………………………………………….. 18

4. Project Manager’s Decisions ……………………………………………………………………………………………………. 18

5. Delegation …………………………………………………………………………………………………………………………….. 18

6. Communications …………………………………………………………………………………………………………………….. 18

7. Sub-contracting ……………………………………………………………………………………………………………………… 18

8. Other Contractors …………………………………………………………………………………………………………………… 19

9. Personnel ………………………………………………………………………………………………………………………………. 19

10. Works ……………………………………………………………………………………………………………………………….. 19

11. Safety and Temporary Works ………………………………………………………………………………………………. 19

12. Discoveries ………………………………………………………………………………………………………………………… 19

13. Work Program ……………………………………………………………………………………………………………………. 20

14. Possession of Site ………………………………………………………………………………………………………………. 20

15. Access to Site …………………………………………………………………………………………………………………….. 20

16. Instructions ………………………………………………………………………………………………………………………… 20

17. Extension or Acceleration of Completion Date………………………………………………………………………… 21

18. Management Meetings ………………………………………………………………………………………………………… 21

19. Early Warning ……………………………………………………………………………………………………………………. 21

20. Defects ……………………………………………………………………………………………………………………………… 21

21. Bills of Quantities ……………………………………………………………………………………………………………….. 22

22. Variations ………………………………………………………………………………………………………………………….. 22

23. Payment Certificates, Currency of Payments and Advance Payments …………………………………….. 23

24. Compensation Events ………………………………………………………………………………………………………….. 25

25. Price Adjustment ……………………………………………………………………………………………………………….. 26

26. Retention …………………………………………………………………………………………………………………………… 28

27. Liquidated Damages ……………………………………………………………………………………………………………. 28

28. Securities …………………………………………………………………………………………………………………………… 28

29. Day works …………………………………………………………………………………………………………………………. 29

30. Liability a nd Insurance ……………………………………………………………………………………………………….. 29

31. Completion and taking over…………………………………………………………………………………………………. 30

32. Final Account …………………………………………………………………………………………………………………….. 31

33. Termination ……………………………………………………………………………………………………………………….. 31

34. Payment upon Termination ………………………………………………………………………………………………….. 32

35. Release from Performance ………………………………………………………………………………………………….. 33

36. Corrupt gifts and payments of commission ……………………………………………………………………………. 33

37. Settlement of Disputes …………………………………………………………………………………………………………. 33

SECTION IV – APPENDIX TO CONDITIONS OF CONTRACT ……………………………….. 35

SECTION V – SPECIFICATIONS ……………………………………………………………………………. 37

SECTION VI – DRAWINGS ……………………………………………………………………………………. 37

SECTION VII – BILL OF QUANTITIES …………………………………………………………………… 37

SECTION VIII – STANDARD FORMS …………………………………………………………………… 52

FORM OF INVITATION FOR TENDERS ……………………………………………………………………………………….. 53

FORM OF TENDER ……………………………………………………………………………………………………………………… 55

LETTER OF ACCEPTANCE ………………………………………………………………………………………………………….. 56

FORM OF AGREEMENT ………………………………………………………………………………………………………………. 57

FORM OF TENDER SECURITY ……………………………………………………………………………………………………. 59

PERFORMANCE BANK GUARANTEE ………………………………………………………………………………………… 60

BANK GUARANTEE FOR ADVANCE PAYMENT ………………………………………………………………………… 61

QUALIFICATION INFORMATION ……………………………………………………………………………………………… 63

TENDER QUESTIONNAIRE …………………………………………………………………………………………………………. 66

CONFIDENTIAL BUSINESS QUESTIONNAIRE …………………………………………………………………………….. 67

STATEMENT OF FOREIGN CURRENCY REQUIREMENTS ………………………………………………………….. 69

DETAILS OF SUB-CONTRACTORS ……………………………………………………………………………………………… 70

LETTER OF NOTIFICATION OF AWARD …………………………………………………………………………………….. 71

FORM RB 1 ………………………………………………………………………………………………………………………………….. 72

INRODUCTION

1 . 1 The Department of Education, skills training & social welfare

SECTION I – INVITATION TO TENDER

TENDER REF NUMBER: 845143

TENDER NAME: CONSTRUCTION OF 2 ECDE CLASSES IN MWALA SUB COUNTY

The Government of Machakos County invites sealed tenders for the construction of 2 ecde

classes at mwala Sub County.

1.1 Interested eligible candidates may obtain further information from the tender

documents at the Machakos County Education office during normal working hours

1.2 A complete tender document shall be obtained from the county website from

www.machakosgovernment.com.orPPRA information portal or IFMIS

suppliers’ portal supplier.treasury.go.ke and any cost incurred in

preparation and submission of the tenders shall be done by the

tenderer.

1.3 Completed tender documents are to be submitted through IFMIS so as to be received

on or before 2
nd

February, 2021. The system will automatically lock out at

the time and date of tender closing as indicated in the IFMIS portal

1.4 Prices quoted should be net inclusive of all taxes and must be expressed in Kenya

Shillings and shall remain valid for a period of One Hundred and Twenty (120) days

from the closing date of the tender.

http://www.machakosgovernment.com.orpprainformationportalor/

http://www.machakosgovernment.com.orpprainformationportalor/

GOVERNMENT OF MACHAKOS COUNTY

SECTION II – INSTRUCTIONS TO TENDERERS

1. General/Eligibility/Qualifications/Joint venture/Cost of tendering

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 construction by the Intended Completion Date specified in

the tender documents.

1.2 All tenderers shall provide the Qualification Information, a statement that the tenderer

(including all members of a joint venture and subcontractors) is not associated, or has

not been associated in the past, directly or indirectly, with the Consultant or any other

entity that has prepared the design, specifications, and other documents for the project

or being proposed as Project Manager for the Contract. A firm that has been engaged

by the Employer to provide consulting services for the preparation or supervision of

the Works, and any of its affiliates, shall not be eligible to tender.

1.3 All tenderers shall provide in the Form of Tender and Qualification Information, a

preliminary description of the proposed construction method and schedule, including

drawings and charts, as necessary.

1.4 In the event that pre-qualification of potential tenderers has been undertaken, only

tenders from pre-qualified tenderers will be considered for award of Contract. These

qualified tenderers should submit with their tenders any information updating their

original pre- qualification applications or, alternatively, confirm in their tenders that

the originally submitted pre-qualification information remains essentially correct as of

the date of tender submission.

1.5 Where no pre-qualification of potential tenderers has been done, all tenderers shall

include the following information and documents with their tenders, unless otherwise

stated:

PRELIMINARY EVALUATION

Mandatory requirement:

Copy of Business Incorporation/ Registration Certificate

Copy of Tax Payer Registration (KRA PIN/VAT)

Copy of Valid Tax Compliance Certificate

Copy of Valid Single Business Permit

Copy of Valid National Construction Authority Certificate (NCA 8 and above

Certificate – Building Works)

Fully filled Bill of Quantities

Duly filled, signed and stamped Confidential Business Questionnaire Form

Dully filled, signed and Stamped Form of Tender

TECHNICAL EVALUATION

The technical evaluation has a maximum of 70 marks and the pass mark is 49 marks
i.e. 70% of 70

Experience – Out of 15 Marks

Attach relevant work done with provided evidence (practical completion certificate
for completed works) – each 5 Marks

Key Personnel/Staff – Out of 20 Marks

Attach relevant academic or professional Certificates and Curriculum Vitae (CV) for
each staff – 5 Marks

Equipment – Out of 15 Marks

Schedule of equipment and proof of access to or ownership of relevant equipment

Financial Capacity – Out of 20 Mark

A very recent opinion letter from a reputable bank showing possibility to access facility

obtained within this financial year (2019/2020) i.e. as from 1
st

July, 2019 – 10 Marks

Copies of certified Bank Statements for the last 12 months – 5 Marks

Works done of equivalent value – 5 Marks

EVALUATION CRITERIA

1.6 The figures for each of the partners of a joint venture shall be added together to

determine the tenderer’s compliance with the minimum qualifying criteria of clause

1.7 (1.7.1) and (1.7.5); however, for a joint venture to qualify, each of its partners must

meet at least twenty five (25) percent of minimum criteria 1.7 (1.7.1), (1.7.2) and

(1.7.5) for an individual tenderer, and the partner in charge at least forty (40) percent

of those minimum criteria. Failure to comply with this requirement will result in

rejection of the joint venture’s tender. Subcontractors’ experience and resources will

not be taken into account in determining the tenderer’s compliance with the qualifying

criteria, unless otherwise stated.

1.7 Each tenderer shall submit only one tender, either individually or as a partner in a joint

venture. A tenderer who submits or participates in more than one tender (other than as

a subcontractor or in cases of alternatives that have been permitted or requested) will

cause all the proposals with the tenderer’s participation to be disqualified.

1.8 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.

1.9 The tenderer, at the tenderer’s own responsibility and risk, is encouraged to visit and

examine the Site of the construction 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.

1.10 The procuring entity’s employees, committee members, board members and their

relative (spouse and children) are not eligible to participate in the tender.

1.11 The tender document is available online as per the invitation to tender thus there will

be no charges for the tender document.

1.12 The procuring entity shall allow the tenderer to review the tender document free of

charge from the county website www.machakosgovernment.com.orPPRA

information portal or IFMIS suppliers’ portal supplier.treasury.go.ke before

submission.

2. Tender Documents

2.1 The complete set of tender documents comprises the documents listed below and any

addenda issued in accordance with Clause 2.4.

2.1.1 These Instructions to Tenderers

2.1.2 Form of Tender and Qualification Information

2.1.3 Conditions of Contract

2.1.4 Appendix to Conditions of Contract

2.1.5 Specifications

2.1.6 Drawings

2.1.7 Bills of Quantities

http://www.machakosgovernment.com.orppra/

2.1.8 Forms of Securities

2.2 The tenderer shall examine all Instructions, Forms to be filled and Specifications in the

tender documents. Failure to furnish all information required by the tender documents,

or submission of a tender not substantially responsive to the tendering documents in

every respect will be at the tenderer’s risk and may result in rejection of his tender.

2.3 A prospective tenderer making an inquiry relating to the tender 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 only respond to requests 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 here below.

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:

3.2.1 The Instructions to Tenderers, Form of Tender, Conditions of Contract,

Appendix to Conditions of Contract and Specifications;

3.2.2 Tender Security;

3.2.3 Priced Bill of Quantities;

3.2.4 Qualification Information Form and Documents;

3.2.5 Any other materials required to be completed and submitted by the tenderers.

3.3 The tenderer shall fill in rates and prices for all items of the construction described in

the Bill of Quantities. 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. All duties, taxes, and other levies payable by the

Contractor under the Contract, or for any other cause relevant to the Contract, as of

thirty (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 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 One Hundred and Twenty (120) 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. A tenderer may

refuse the request without forfeiting the Tender Security. A tenderer agreeing to the

request will not be required or permitted to otherwise modify the tender, but will be

required to extend the validity of Tender Security for the period of the extension, and

in compliance with Clause 3.7 – 3.11 in all respects.

3.7 The format of the Tender Security should be in accordance with the form of Tender

Security included in Section G – Standard forms or any other form acceptable to the

Employer. Tender Security shall be valid for thirty (30) days beyond the validity of the

tender.

3.8 Any tender not accompanied by an acceptable Tender Security shall be rejected. The

Tender Security of a joint venture must define as “Tenderer” all joint venture partners and

list them in the following manner: a joint venture consisting of”

”,” ”,and “ ”.

3.9 The Tender Securities of unsuccessful tenderers will be returned within twenty eight

(28) days of the end of the tender validity period specified in Clause 3.6.

3.10 The Tender Security of the successful tenderer will be discharged when the tenderer

has signed the Contract Agreement and furnished the required Performance Security.

3.11 The Tender Security may be forfeited

3.11.1 If the tenderer withdraws the tender after tender opening during the period of

tender validity;

3.11.2 In the case of a successful tenderer, if the tenderer fails within the specified

time limit to:

3.12.1.1 Sign the Agreement, or

3.12.1.2 Furnish the required Performance Security.

3.13 Tenderers shall submit offers that comply with the requirements of the tendering

documents, including the basic technical design as indicated in the Drawings and

Specifications. Alternatives will not be considered, unless specifically allowed in the

invitation to tender. If so allowed, tenderers wishing to offer technical alternatives

to the requirements of the tendering documents must also submit a tender that

complies with the requirements of the tendering documents, including the basic

technical design as indicated in the Drawings and Specifications. In addition to

submitting the basic tender, the tenderer shall provide all information necessary

for a complete evaluation of the alternative, including design calculations, technical

specifications, breakdown of prices, proposed construction methods and other relevant

details. Only the technical alternatives, if any, of the lowest evaluated tender

conforming to the basic technical requirements shall be considered.

3.14 The original and all copies of the tender shall be typed or written in indelible ink and

shall be signed by a person or persons duly authorized to sign on behalf of the

tenderer, pursuant to Clause 1.5 (1.5.1) or 1.6 (1.6.2), as the case may be. All pages of

the tender where alterations or additions have been made shall be initialed by the

person or persons signing the tender.

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

procuring entity not later than seven (7) days prior to the deadline for submission of

tenders.

3.16 The procuring entity shall reply to any clarifications sought by the tenderer within

three (3) days of receiving the request to enable the tenderer to make timely

submission of its tender.

3.17 The tender security shall be in the amount of 0.5 – 2 per cent of the tender price.

4. Submission of Tenders

1.5 Completed tender documents are to be submitted through IFMIS so as to be received

on or before 2
nd

February, 2021.The system will automatically lock out

at the time and date of tender closing as indicated in the IFMIS portal

4.1 Tenders shall be submitted through IFMIS not later than the time and date specified in

the invitation to tender. However, 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.

4.2 Any tender received after the deadline prescribed in clause 4.2 will be returned to the

tenderer un-opened.

4.3 Tenderers may modify or withdraw their tenders by giving notice in writing before the

deadline prescribed in clause 4.2. Each tenderer’s modification or withdrawal

4.4 Withdrawal of a tender between the deadline for submission of tenders and the

expiration of the period of tender validity specified in the invitation to tender or as

extended pursuant to Clause 3.6 may result in the forfeiture of the Tender Security

pursuant to Clause 3.11.

4.5 Tenderers may only offer discounts to, or otherwise modify the prices of their tenders

by submitting tender modifications in accordance with Clause 4.4 or be included in the

original tender submission.

5. Tender Opening and Evaluation

5.1 The tenderers’ names, the tender prices, the total amount of each tender and of any

alternative tender (if alternatives have been requested or permitted), any discounts,

tender modifications and withdrawals, the presence or absence of Tender Security, and

such other details as may be considered appropriate, will be announced by the

Employer at the opening. Minutes of the tender opening, including the information

disclosed to those present will be prepared by the Employer.

5.2 Information relating to the examination, clarification, evaluation, and comparison of

tenders and recommendations for the award of 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.

5.3 To assist in the examination, evaluation, and comparison of tenders, the Employer at

his discretion, may ask 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 price or substance of the

tender shall be sought, offered, or permitted.

5.4 Prior to the detailed evaluation of tenders, the Employer will determine whether each

tender:

5.4.1 Meets the eligibility criteria defined in Clause 1.7;

5.4.2 Is accompanied by the required securities; and

5.4.3 Is substantially responsive to the requirements of the tendering documents. A

substantially responsive tender is one which conforms to all the terms,

conditions and specifications of the tendering documents, without material

deviation or reservation. A material deviation or reservation is one:

5.4.3.1 Which affects in any substantial way the scope, quality, or

performance of the works;

5.4.3.2 Which limits in any substantial way, inconsistent with the tendering

documents, the Employer’s rights or the tenderer’s obligations under

the Contract; or

5.4.3.3 Whose rectification would affect unfairly the competitive position of

other tenderers presenting substantially responsive tenders.

5.5 If a tender is not substantially responsive, it will be rejected, and may not subsequently

be made responsive by correction or withdrawal of the nonconforming deviation or

reservation.

5.6 There shall be no correction of arithmetic errors. The tender sum as submitted in the Form

of Tender and read out during the tender opening shall be absolute and final and shall not be

subject to correction, adjustment or amendment in any way by any person or entity. If there

is a discrepancy between words and figures the amount in words will prevail.

5.7 The Employer will evaluate and compare only the tenders determined to be

substantially responsive in accordance with Clause 5.5.

5.8 In evaluating the tenders, the Employer will determine for each tender the evaluated tender

price as submitted in the Form of Tender and read out during the tender opening.

5.9 The Employer reserves the right to accept or reject any variation, deviation, or alternative

offer. Variations, deviations, and alternative offers and other factors which …

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