Fibre Optic Installations Tender Doc (1)

7/27/2019 Fibre Optic Installations Tender Doc (1)

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NATIONAL SOCIAL SECURITY FUND

PROPOSED COMPLETION OF FIBRE OPTIC

INSTALLATIONS TO

NYAYO ESTATE EMBAKASI

PHASES 2, 3, 4 & 5

SUB-ZONES 2.1 2.15, 3.1 3.12

NAIROBI

TENDER 04/2012-2013

FORM OF TENDER

CONDITIONS OF CONTRACT

SPECIFICATIONS AND BILLS OF QUANTITIES

FOR

FIBRE TO THE HOUSE INSTALLATIONS

ARCHITECT QUANTITY SURVEYOR SERVICE ENGINEERS

SYMBION KENYA LTD DAVSON & WARD KISA & PARTNERS

P.O BOX 24002 00502 P.O BOX 46611 00100 P.O BOX 60203 00200

NAIROBI NAIROBI NAIROBI

AUGUST 2012


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TENDER NOTICE

RE-ADVERTISEMENT

NSSF TENDER NO. 04/2012-2013 COMPLETION OF FIBRE OPTIC INSTALLATIONS TO

PHASES 2, 3, 4 & 5 SUB-ZONES 2.1-2.15, 3.1 3.12 AT NYAYO HOUSING ESTATEEMBAKASI

The National Social Security Fund invites sealed Tenders from eligible and competent Contractors on

fibre optic installations for the Completion of Nyayo Housing Estate Embakasi (Phases 2, 3, 4 & 5),Nairobi.

Interested Contractors who must be qualified and registered with the Ministry of Roads & Public

Works under categoryCB

orA

in telecommunication installations and also have current validregistration certificate/licences from CCK should obtain the Tender documents from the

Procurement Office on 9th floor, Social Security House, Block A, Western Wing, Bishops Road

Nairobi upon payment of non-refundable fee of Kshs. 5,000.00 either in cash or bankers cheque

payable to the National Social Security Fund at Podium Floor, Social Security House, Block A,

Western Wing, Bishops Road Nairobi (documents will be issued free of charge provided they produce

purchase receipts for those who participated in the earlier tender).

Tender submission shall be accompanied by the following Mandatory (statutory) requirements for

preliminary evaluation:-

1. Certificate of Company/Firm registration2. Valid Tax compliance certificate3. Valid NSSF Compliance Certificate4. Details of Directorship5. Audited accounts for the last 3 years (within 2008 and 2012)6. Current valid Registration Certificate/ Licence issued by Communication Commission of

Kenya for Telecommunication installations.

7. Current Registration Certificate with Ministry of Public Works Category C or B orAfor Telecommunication Installations.

8. Bid Bond / Tender Security Kshs. Two million issued by a local reputable bank valid for120 days from closing date of the tender

Completed Tender documents in plain sealed outer envelope enclosing separately sealedenvelopes (in original and copy) all clearly marked NSSF Tender No. 04/2012-2013

Completion of Fibre Optic Installations at Nyayo Housing Estate Embakasi , Nairobi as per

instructions and addressed to:-

Managing Trustee

National Social Security Fund

P O Box 30599 00100

NAIROBI

Should be deposited in the Tender Box on 2nd

Floor Block A, Western Wing; Social Security

House Nairobi on or before 18th

September, 2012 at 11.00 a.m. local time. Tenders will be opened

immediately thereafter in the Seminar Room on 24th

floor, Social Security House, BlockA, Western

Wing, Nairobi in the presence of Bidders representatives who choose to attend.


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A pre-tender meeting for interested tenderers is scheduled to be held at 11.00 a.m. on 06th

September, 2012 at the Project Site Office Nyayo Estate Embakasi, followed by a guided tour of the

project site.

NSSF reserves the right to accept or reject any application either in whole or in part without giving

reasons for either rejection or acceptance.

Notes on standard forms

1. The tenderer shall complete and submit with its tender the form of tender andpriced Bills of Quantities pursuant to instructions to tenderers clause 9 & 10 and

it must be duly signed by duly authorized representatives of the tenderer.

2. The Declaration form shall be completed and signed by the Managing Director oras appropriate in accordance with the tender documents.

3. The tenderer shall also complete the certificate of site visit whether he in factvisits the site at the time of the organised site visit or by himself at some other

time

4. Tender Security Form - When required by the tender document the tenderershall provide the tender security either in the form included hereinafter or in

another format acceptable to the NSSF

5. Confidential Business Questionnaire Form - This form shall be completed by thetenderer and submitted with the tender documents

6. The contract form shall not be completed by the tenderer at the time of submittingthe tender. The contract form shall be completed after contract award and should

incorporate the accepted contract price.

7. The performance security form should not be completed by the tenderers at thetime of tender preparation. Only the successful tenderer will be required to

provide performance security in accordance with the form indicated herein or in

another form acceptable to the NSSF and pursuant to the conditions of contract.


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FORM OF TENDER


PROPOSED COMPLETION OF FIBRE TO THE HOUSE INSTALLATIONS FOR PHASES

2, 3, 4 & 5 SUB-ZONES 2.1 -2.15, 3.1 3.12

AT NYAYO HOUSING ESTATE EMBAKASI, NAIROBI

1. Having examined the Conditions of Contract, Standard and Particular Specifications and Bills ofQuantities for the works described in these documents we, the undersigned, offer to install, test andmaintain for the period of six months the whole of the said Conditions of Contract, Standard and

Particular Specifications and Bills of Quantities for the sum of Kenya Shillings.

(Amount in figures) Kshs

(Amount in words)Kshs...

..

Completion Period.....weeks

2. We undertake, if our Tender is accepted to commence the works immediately on receipt ofEngineers order to commence.

3. After fourteen (14) days from the date of notification of award, we will execute the formalContractor Agreement.

4. We understand that if our tender is accepted we will be required to carry out the work as the MainContractor.

5. We agree to abide by this Tender for the Period of Ninety (90) days from the date Fixed forreceiving the same and it shall remain binding upon us and may be accepted at any time before the

expiration of that period.

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

7. We undertake that you are not bound to accept the lowest or any Tender you may receiveDated this Day of 2012

Sign in the capacity of duly

Authorised to sign tenders for and on behalf of.....

.... (Name of Tenderer) of .. (address of Tenderer)

SIGNATURE: .


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FORM OF TENDER SECURITY

WHEREAS .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. . (hereinafter called "the Tenderer) has

submitted his tender dated ... .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. . .. .. .. . .. . for the proposed Completion ofFibre to the House Installations for Phases 2, 3, 4 & 5 Sub- zones 2.1 - 2.15, 3.1 3.12 at Nyayo EstateEmbakasi, Nairobi.

KNOW ALL PEOPLE by these presents that WE .. .. ... ... .. .. ... ... .. .. .. ... .. ... .. ... .. .. ... .. .. .. .. havingour registered office at . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . (hereinafter called "the Bank"), are bound untoBoard of Trustees, National Social Security Fund in the sum ofKShs... .. . . .. .. .. .. . . .. .. . . .. .. .. .. .. .. . . .. .. . . .. for which payment well and truly to be made to the saidBoard of Trustees, National Social Security Fund, the Bank binds itself, the 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 validityspecified in the instructions to tenderers or

2. If the Tenderer, having been notified of the acceptance of his tender by the Employer during theperiod of tender validity:

(a) fails or refuses to execute the Form of Agreement in accordance with the Instructions toTenderers, if required; or

(b) fails or refuses to furnish the Performance Security, in accordance with the Instructions ioTenderers.

We undertake to pay to the Board of Trustees, National Social Security Fund up to the above amount uponreceipt of his first written demand, without the Board of Trustees, National Social Security Fund having tosubstantiate his demand, provided that in his demand the Board of Trustees, National Social Security Fund willnote that the amount claimed by him is due to him, owing to the occurrence of one or both of the twoconditions, 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.

__________________________________________ _____________________________

Signature of the Bank Name of Witness

__________________________________________ ______________________________

Seal Signature of Witness

__________________________________________ ______________________________

Date Date


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DECLARATION FORM

STATEMENT OF VERIFICATION THAT NOT DEBARRED

IN THE MATTER OF THE PUBLIC PROCUREMENT AND DISPOSAL ACT 2005.

I, .of P. O. Box . being a resident of

.. in the Republic of Kenya do hereby make a statement as follows:-

1. THAT I am the Chief Executive/Managing Director/Principal Officer/Director of ....

..(name of the Company) who is a Tenderer in respect of Tender NumberNo.04/2012-2013 to carry out Fibre Optic Installations works for National Social Security Fund and duly

authorized and competent to make this statement.

2. THAT the aforesaid Tenderer has not been debarred from participating in procurement proceeding

under Part IX.

3. THAT the aforesaid Tenderer will not engage in any corrupt practice and has not been requested to payany inducement to any member of the Board, Management, Staff and/or employees and/or agents of

National Social Security Fund, which is the procuring entity.

4. THAT the aforesaid Tenderer, its servants and/or agents have not offered any inducement to anymember of the Board, Management, Staff and/or employees and/or agents of National Social Security

Fund.

5. THAT what is deponed to hereinabove is true to the best of my knowledge information and belief.

.

(Title) (Signature) (Date)


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COMPLETION OF 3618 NOS. RESIDENTIAL UNITS ON PHASES 2, 3, 4 & 5 SUB-ZONES 2.1 2.15, 3.1 3.12 ON PLOT L.R 9042/179 AT NYAYO ESTATE EMBAKASI.NAIROBI FOR NATIONAL SOCIAL SECURITY FUND

CERTIFICATE OF SITE VISIT

I/We, the undersigned Contractor, hereby certify that I/we have visited the above site, that I/we havefamiliarized ourselves fully with the existing buildings and works already carried out and that we arecompletely aware of the requirements of the tender documents as to the scope of works required tocomplete the works and the conditions under which such works will be carried out

Name of the tenderer_____________________________________________________________

________________________________________________________________________

Date ____________________________


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CONFIDENTIAL BUSINESS QUESTIONARE

FIRMS REGISTRATION AND OWNERSHIP DETAILS

PART 1. PROFILE OF OWNERSHIP

i) Name of firm....

ii) Date of incorporation / registration.

(Attach copy of certificates of incorporation)

iii) Location of business premises; Country/Town.

Plot No Street/Road

Postal AddressTel No..

Nature of Business ..

Current Business License No. .. Expiry date...

Maximum value of business which you have handled at any one time: Kenyashillings ..

Name of your bankers .

Branch

PART II: TYPE OF BUSINESS.

You are requested to give the particulars indicated in either Part 2 (a), 2 (b) or 2(c) whichever applies to your

type of business.

Part 2 (a) Sole Proprietors.

Your name in full. ..Age

Nationality.. Country of Origin

Citizenship details ..


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Part 2 (b) Partnership.

Give details of partners as follows:

Name in full Nationality Citizenship Details* Shares

1

2

3

4

5

Part 2(c) Limited Liability Company.

Name in full Nationality Citizenship Details* Shares

1

2

3

4

5

6

7

* If Kenyan citizen, indicate undercitizenship details whether by Birth, Naturalization or Registration.

Part 2(d)Interest in the Firm:

Is there any person / persons in National Security Fund who has interest in this firm?

Yes/No(Delete as necessary)

I certify that the information given above is correct.

(Title) (Signature) (Date)

* Attach proof of citizenship


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BANK GUARANTEE FOR ADVANCE PAYMENT (sample)

To: Board of Trustees, National Social Security FundP.O Box 30599 00100

Nairobi .. (Date)

Gentlemen,

Ref: Proposed Completion of Fibre to the House Installations for Phases 2, 3, 4 & 5 Sub- Zones 2.1- 2.15, 3.13.12 at

Nyayo Estate Embakasi, Nairobi

In accordance with the provisions of the Conditions of Contract of the above-mentioned Contract,_______________________________________[name and Address of Contractor] (hereinafter calledthe Sub- Contractor)

shall deposit with the Board of Trustees, National Social Security Fund a bank guarantee to guarantee his proper and

faithful performance under the said Contract in an amount of Kshs._____________[amount of Guarantee]_____________________________________[amount in words].

We, the ________[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 Board of Trustees, National Social Security Fund

on his first demand without whatsoever right of objection on our part and without his first claim to the Contractor, in theamount not exceeding Kshs.________________________[amount of Guarantee in figures] Kenya Shillings

_____________________________________________________(amount of Guarantee in words], such amount to be reducedperiodically 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 Board of Trustees, National SocialSecurity Fund and the Sub- Contractor, shall in any way release us from any liability under this guarantee, and we herebywaive 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 Board of

Trustees, National Social Security Fund 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: _____________________________________________________


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SAMPLE LETTER OF ACCEPTANCE

[Letterhead paper of the Employer]

________________ [date]To: _________________________________

[name of the Sub- Contractor ]

________________________________[address of the Sub- Contractor ]

Dear Sir,

This is to notify you that your tender dated ________________________________ for

the execution of

THE PROPOSED COMPLETION OF FIBRE TO THE HOUSE INSTALLATIONS FOR THE

3618 NOS. RESIDENTIAL UNITS ON PHASES 2, 3, 4 & 5 SUB-ZONES 2.1 2.15, 3.1 3.12 AT

NYAYO ESTATE EMBAKASI, NAIROBI for the contract price of

Kshs

____________________________________________________________________________________

(amount in words ) and completion periods of ______________ weeks for Phases 2, 3, 4 & 5 Sub- Zones

2.1 - 2.15, 3.1 3.12 and in accordance with the Instructions of 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.


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SAMPLE PERFOMANCE BANK GUARANTEE (unconditional)

To: _______________________________ (Name of Employer) _____________ (Date)

________________________________ (Address of Employer)

Dear Sirs,

WHEREAS______________________________( hereinafter called the Sub- Contractor)

Has undertaken, in pursuance of Contract No. ______________ dated _________________

to execute _______________________________________ (hereinafter calledthe Works);

AND WHEREAS it has been stipulated by you in the said Contract that the Sub- Contractor

shall furnish you with a bank Guarantee by a recognized bank for the sum specified therein

as security for compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Sub- Contractor such a Bank Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantor are responsible to you,on behalf of the Sub- Contractor, upto 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 sub- Contractorbefore presenting us with the demand.

We further agree that no change, addition or other modification of terms of the Contract or ofthe Works to be performed there under or any of the Contract documents which may be made

between you and the Sub- Contractor shall in anyway release us from any liability under this

Guarantee, and we hereby waive notice of 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 ______________________________________________________________

Name of Sub- Contractor ____________________________________________________


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CONTENTS

PAGE

INTRODUCTION2

SECTION A - INSTRUCTIONS TOTENDERERS A/1 A/ 23

SECTION 2 - CONDITIONS OF CONTRACT FORELECTRICAL WORKS (INCLUDINGERECTION ON SITE) A/16 A/34

SECTION 0NE - QUALITY OF MATERIALS ANDWORKMANSHIPPARTICULAR SPECIFICATIONS 1 - 17

- BILLS OF QUANTITIES B173/1 - MS


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SECTION A:

INSTRUCTIONS TO TENDERERS.

CONTENTS

CLAUSE NUMBERS PAGE

DESCRIPTION

GENERAL

1. Definitions 52. Eligibility and Qualification Requirements .. 5 -63. Cost of Tendering .. 74. Site Visit .. 7

TENDER DOCUMENTS

5. Tender Documents .. 7 - 86. Clarification of Tender Documents 87. Amendments of Tender Documents . 8 - 9

PREPARATION OF TENDER

8. Language of Tender 99. Documents Comprising the Tender .. 910. Tender Prices 9 - 1011. Currencies of Tender and Payment .. 1112. Tender Validity . 1113. Tender Security.. 11 - 1214. No Alternative Offers .. 1215. Pre-tender meeting 1216. Format and Signing of Tenders 13

SUBMISSION OF TENDERS

17. Sealing and Marking of Tenders 1418. Deadline and Submission of Tenders . 1419. Modification and Withdrawal of Tenders 14 15

TENDER OPENING AND EVALUATION

20. Tender Opening 1521. Process to be Confidential 1622. Clarification of Tenders . 16

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PAGE

23. Determination of Responsiveness 16 1724. Correction of Errors .. 1725. Conversion to Single Currency.. 1726. Evaluation and Comparison of Tenders .. 17 - 18

AWARD OF CONTRACT

27. Award 1828. Notification of Award .. 1929. Performance Guarantee . 1930. Advance Payment . 20

Appendix to Instructions to Tenderers .. 21

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INSTRUCTION TO TENDERERS

Note: The tenderer must comply with the following conditions and instructions and

failure to do so is liable to result in rejection of the tender.

GENERAL

1. Definitions

(a) Tenderer means any person or persons partnership firm or companysubmitting a sum or sums in the Bills of Quantities in accordance with theInstructions to Tenderers, Conditions of Contract Parts I and II,Specifications, Drawings and Bills of Quantities for the workcontemplated, acting directly or through a legally appointed

representative.

(b) Approved tenderer means the tenderer who is approved by theEmployer.

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

the corresponding form of the verb bid.

(d) Employer means Board of Trustees, National Social Security Fund.2. Eligibility and Qualification Requirements

2.1 This invitation to tender is open to all tenderers who are eligible as per thetender advertisement.

2.2 The procuring entitys employees, committee members, board membersand their relative (spouse and children) are not eligible to participate in the

tender.

2.3 To be qualified for award of Contract, the tenderer shall provide evidencesatisfactory to the Employer of their eligibility under Sub clause 2.1 aboveand of their capability and adequacy of resources to effectively carry outthe subject Contract. To this end, the tenderer shall be required toprovide the following information:-

(a) Details of experience and past performance of the tenderer on theworks of a similar nature within the past five years and details ofcurrent work on hand and other contractual commitments.

(b) The qualifications and experience of key personnel proposed foradministration and execution of the contract, both on and off site.

(c) Major items of construction plant and equipment proposed for usein carrying out the Contract. Only reliable plant in good working

order and suitable for the work required of it shall be shown on thisschedule. The tenderer will also indicate on this schedule when

each item will be available on the Works. Included also should be a

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schedule of plant, equipment and material to be imported for thepurpose of the Contract, giving details of make, type, origin and CIFvalue as appropriate.

(d) Details of subcontractors to whom it is proposed to sublet anyportion of the Contract and for whom authority will be requested forsuch subletting in accordance with clause 4 of the Conditions of

Contract.

(e)

A draft Program of Works in the form of a bar chart and Schedule ofPayment which shall form part of the Contract if the tender is

accepted. Any change in the Program or Schedule shall besubjected to the approval of the Engineer.

(f) Details of any current litigation or arbitration proceedings in whichthe Tenderer is involved as one of the parties.

2.4 Joint Ventures

Tenders submitted by a joint venture of two or more firms as partnersshall comply with the following requirements:-

(a) The tender, and in case of a successful tender, the Form ofAgreement, shall be signed so as to be legally binding on allpartners.

(b) One of the partners shall be nominated as being in charge; and thisauthorization shall be evidenced by submitting a power of attorney

signed by legally authorized signatories of all the partners.

(c) The partner in charge shall be authorized to incur liabilities andreceive instructions for and on behalf of any and all partners ofthe joint venture and the entire execution of the Contract includingpayment shall be done exclusively with the partner in charge.

(d) All partners of the joint venture shall be liable jointly and severallyfor the execution of the Contract in accordance with the Contractterms, and a relevant statement to this effect shall be included inthe authorization mentioned under (b) above as well as in the Formof Tender and the Form of Agreement (in case of a successful

tender).

(e) A copy of the agreement entered into by the joint venture partnersshall be submitted with the tender.

2.5 To quality for contract awards, the tenderer shall have the following:

(a) Necessary qualifications, capability experience, services, equipmentand facilities to provide what is being procured.

(b) Legal capacity to enter into a contract for procurement5


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(c) Shall not be insolvent, in receivership, bankrupt or in the process of

being wound up and is not the subject of legal proceedings relating othe foregoing.

(d) Shall not be debarred from participating in public procurement.3. Cost of Tendering

3.1 The tenderer shall bear all costs associated with the preparation andsubmission of his tender and the Employer will in no case be responsibleor liable for those costs, regardless of the conduct or outcome of the

tendering process.

3.2 The procuring entity shall allow the tenderer to view the tender documentfree of charge before purchase.

4. Site Visit

4.1 The tenderer is advised to visit and examine the Site and its surroundingsand obtain for himself on his own responsibility, all information that may

be necessary for preparing the tender and entering into a contract. Thecosts of visiting the Site shall be the tenderers own responsibility.

4.2 The tenderer and any of his personnel or agents will be granted permissionby the Employer to enter upon premises and lands for the purpose of suchinspection, but only upon the express condition that the tenderer, his

personnel or agents, will release and idemnify the Employer from andagainst all liability in respect of, and will be responsible for personal injury(whether fatal or otherwise), loss of or damage to property and any otherloss, damage, costs and expenses however caused, which but for theexercise of such permission, would not have arisen.

4.3 The Employer shall organize a site visit at a date to be notified. Arepresentative of the Employer will be available to meet the intendingtenderers at the Site.

Tenderers must provide their own transport. The representative will not

be available at any other time for site inspection visits.

Each tenderer shall complete the Certificate of Tenderers Visit to the Site,whether he in fact visits the Site at the time of the organized site visit or byhimself at some other time.

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TENDER DOCUMENTS

5. Tender Documents

5.1 The Tender documents comprise the documents listed herebelow andshould be read together with any Addenda issued in accordance with

Clause 7 of these instructions to tenderers.

a)Invitation for Tenders (Tender Notice)b) Instructions to Tenderers

c) Form of Tenderd) Declaration Forme) Form of Tender Securityf) Form of Performance Security (Sample)g) Form of Advance payment Bank Guaranteeh) General Conditions of Contracti) Quality of Materials and Workmanship

j) Particular Specificationsk) Bills of Quantities

5.2 The tenderer is expected to examine carefully all instructions, conditions,forms, terms, specifications and drawings in the tender documents.

Failure to comply with the requirements for tender submission will be atthe tenderers own risk. Pursuant to clause 23 of Instructions to

Tenderers, tenders which are not substantially responsive to the

requirements of the tender documents will be rejected.

5.3 All recipients of the documents for the proposed Contract for the purposeof submitting a tender (whether they submit a tender or not) shall treat the

details of the documents as private and confidential.

6. Inquiries by tenderers

6.1 A tenderer making inquiries relating to the tender documents may notifythe Employer in writing or by telex, cable or facsimile at the Employer s

mailing address indicated in the Invitation to Tender. The Employer willrespond in writing to any request for clarification which he receives earlierthan 7 days prior to the deadline for the submission of tenders. Writtencopies of the Employers response (including the query but without

identifying the source of the inquiry) will be sent to all prospectivetenderers who have purchased the tender documents.

6.2 Clarification of tenders shall be requested by the tenderer to be received bythe procuring entity not later than 7 days prior to the deadline forsubmission of tenders.

6.3 The procuring entity shall reply to any clarifications sought by thetenderer within 3 days of receiving the request to enable the tenderer to

make timely submission of its tender.

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7. Amendment of Tender Documents7.1 At any time prior to the deadline for submission of tenders the Employer

may, for any reason, whether at his own initiative or in response to a

clarification requested by a prospective tenderer, modify the tenderdocuments by issuing Addenda.

7.2 Any Addendum will be notified in writing or by cable, telex or facsimile toall prospective tenderers who have purchased the tender documents andwill be binding upon them.

7.3 In order to allow prospective tenderers reasonable time in which to takethe Addendum into account in preparing their tenders, the Employer may,at his discretion, extend the deadline for the submission of tenders.

PREPARATION OF TENDERS

8. Language of Tender

8.1 The tender and all correspondence and documents relating to the tender

exchanged between the tenderer and the Employer shall be written in theEnglish language. Supporting documents and printed literature furnishedby the tenderer with the tender may be in another language provided they

are accompanied by an appropriate translation of pertinent passages inthe above stated language. For the purpose of interpretation of the tender,

the English language shall prevail.

9. Documents Comprising the Tender

9.1 The tender to be prepared by the tenderer shall comprise:-i. The form of tender and appendix thereto.ii. A tender security.iii. The priced Bill of Quantity and Schedule.iv. Declaration Formv. The information on eligibility and qualification.vi. Any other materials required to be completed and submitted in

accordance with the instructions to tenderers.

The Forms, Bills of Quantities and Schedules provided in the tenderdocuments shall be used without exception (subject to extensions of the

schedules in the same format and to the provisions of clause 13.2regarding the alternative forms of Tender Surety].

10. Tender Prices

10.1 All the insertions made by the tenderer shall be made in INK and thetenderer shall clearly form the figures. The relevant space in the Form of

Tender and Bills of Quantities shall be completed accordingly

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without interlineations or erasures except those necessary to correct errorsmade by the tenderer in which case the erasures and interlineations shallbe initialled by the person or persons signing the tender.

10.2 A price or rate shall be inserted by the tenderer for every item in the Billsof Quantities whether the quantities are stated or not items against which

no rate or price is entered by the tenderer will not be paid for by theEmployer when executed and shall be deemed covered by the rates for

other items and prices in the Bills of Quantities.

The prices and unit rates in the Bills of Quantities are to be the full [all-

inclusive] value of the work described under the items, including all costsand expenses which may be necessary and all general risks, liabilities andobligations set forth or implied in the documents on which the tender isbased. All duties and taxes and other levies payable by the Contractor

under the Contract or for any other cause as of the date 21 days prior tothe deadline for the submission of tenders, shall be included in the ratesand prices and the total tender prices submitted by the Tenderer.

Each price or unit rate inserted in the Bills of Quantities should be a

realistic estimate for completing the activity or activities described underthat particular item and the tenderer is advised against inserting a price orrate against any item contrary to this instruction.

Every rate entered in the Bills of Quantities, whether or not such rate beassociated with a quantity, shall form part of the Contract. The Employershall have the right to call for any item of work contained in the Bills ofQuantities, and such items of work to be paid for at the rate entered by

the tenderer and it is the intention of the Employer to take full advantageof unbalanced low rates.

10.3 Unless otherwise specified the tenderer must enter the amountsrepresenting 10% of the sub-total of the summary of the Bills of Quantitiesfor Contingencies and Variation of Prices[V.O.P.] payments in the

summary sheet and add them to the sub-total to arrive at the tenderamount.

10.4 The tenderer shall furnish with his tender written confirmation from hissuppliers or manufacturers of unit rates for the supply of items whereappropriate.

10.5 The rates and prices quoted by the tenderer are subject to adjustmentduring the performance of the Contract only in accordance with theprovisions of the Conditions of Contract. The tenderer shall complete the

schedule of basic rates and shall submit with his tender such othersupporting information as required.

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11. Currencies of Tender and Payment

11.1 Tenders shall be priced in Kenya Shillings and the tender sum shall be inKenya Shillings.

12. Tender Validity

12.1 The tender shall remain valid and open for acceptance for a period ofninety (90) days from the specified date of tender opening or from theextended date of tender opening (in accordance with clause 7.4 here above)whichever is the later.

12.2 In exceptional circumstances prior to expiry of the original tender validityperiod, the Employer may request the tenderer for a specified extension of

the period of validity. The request and the responses thereto shall bemade in writing or by cable, telex or facsimile. A tenderer may refuse therequest without forfeiting his Tender Security. A tenderer agreeing to therequest will not be required nor permitted to modify his tender, but will be

required to extend the validity of his Tender Security correspondingly.

13. Tender Security

13.1 The tenderer shall furnish as part of his tender, a Tender Security in theamount stated in the Appendix to Instructions to Tenderers.

13.2 The unconditional Tender Security shall be in Kenya Shillings and be inform of a bank draft, an irrevocable letter of credit or a guarantee from areputable Bank approved by the Employer located in the Republic of

Kenya. The format of the Security shall be in accordance with the sample

form of Tender Security included in these tender documents; other formatsmay be permitted subject to the prior approval of the Employer. The

Tender Security shall be valid for thirty (30) days beyond the tendervalidity period.

13.3 Any tender not accompanied by an acceptable Tender Security will berejected by the Employer as non-responsive.

13.4 The Tender Securities of unsuccessful tenderers will be returnedas promptly as possible but not later than twenty eight (28) days afterconcluding the Contract execution and after a Performance Security has

been furnished by the successful tenderer. The Tender Security of thesuccessful tenderer will be returned upon the tenderer executing theContract and furnishing the required Performance Security.

13.5 The Tender Security may be forfeited:(a) if a tenderer withdraws his tender during the period of tender

validity: or10


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(b) in the case of a successful tenderer, if he fails(i) to sign the Agreement, or(ii) to furnish the necessary Performance Security

(c) if a tenderer does not accept the correction of his tender pricepursuant to clause 23.

14. No Alternative Offers

14.1 The tenderer shall submit an offer which complies fully with therequirements of the tender documents.

Only one tender may be submitted by each tenderer either by himself or aspartner in a joint venture.

14.2 The tenderer shall not attach any conditions of his own to his tender. Thetender price must be based on the tender documents. The tenderer is notrequired to present alternative construction options and he shall usewithout exception, the Bills of Quantities as provided, with theamendments as notified in tender notices, if any, for the calculation of his

tender price.

Any tenderer who fails to comply with this clause will be disqualified.

15. Pre-Tender Meeting

15.1The tenderer

s designated representative is invited to attend a pre-tender meeting, which will take place at the venue and time stated in the

Invitation to Tender. The purpose of the meeting will be to clarify issues

and to answer questions on any matter that may be raised at that stage.

15.2 The tenderer is requested as far as possible to submit any questions inwriting or by cable, to reach the Employer not later than seven days before

the meeting. It may not be practicable at the meeting to answer questionsreceived late, but questions and responses will be transmitted inaccordance with the following:

(a) Minutes of the meeting, including the text of the questions raisedand the responses given together with any responses prepared afterthe meeting, will be transmitted without delay to all purchasers of

the tender documents. Any modification of the tender documentslisted in Clause 9 which may become necessary as a result of thepre-tender meeting shall be made by the Employer exclusivelythrough the issue of a tender notice

pursuant to Clause 7 and not through the minutes of the pre-tendermeeting.

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(b) Non attendance at the pre-tender meeting will not be cause fordisqualification of a bidder.

16. Format and Signing of Tenders

16.1 The tenderer shall prepare his tender as outlined in clause 9 above andmark appropriately one set ORIGINAL and the other COPY.

16.2 The copy of the tender and Bills of Quantities shall be typed or written inindelible ink and shall be signed by a person or persons duly authorized tosign on behalf of the tenderer. Proof of authorization shall be furnished inthe form of the written power of attorney which shall accompany thetender. All pages of the tender where amendments have been made shall

be initialled by the person or persons signing the tender.

16.3 The complete tender shall be without alterations, interlineations orerasures, except as necessary to correct errors made by the tenderer, in

which case such corrections shall be initialled by the person or personssigning the tender.

SUBMISSION OF TENDERS

17. Sealing and Marking of Tenders

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

17.2 The inner and outer envelopes shall be addressed to the Employer at theaddress stated in the Appendix to Instructions to Tenderers and bear the

name and identification of the Tender No. stated in the invitation to tenderwith a warning not to open before the date and time for opening of tenders

stated in the said invitation to tender.

17.3 The inner envelopes shall each indicate the name and address of thetenderer to enable the tender to be returned unopened in case it is

declared late, while the outer envelope shall bear no mark indicating theidentity of the tenderer.

17.4 If the outer envelope is not sealed and marked as instructed above, theEmployer will assume no responsibility for the misplacement or prematureopening of the tender. A tender opened prematurely for this cause will be

rejected by the Employer and returned to the tenderer.

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18 Deadline for Submission of Tenders

18.1 Tenders must be received by the Employer at the address specified inclause 17.2 and on the date and time specified in the Invitation to tender,subject to the provisions of clause 7.4, 18.2 and 18.3.

Tenders delivered by hand must be placed in the tender box provided inthe office of the Employer.

Proof of posting will not be accepted as proof of delivery and any tender

delivered after the above stipulated time, from whatever cause arising willnot be considered.

18.2 The Employer may, at his discretion, extend the deadline for thesubmission of tenders through the issue of an Addendum in accordancewith clause 7, in which case all rights and obligations of the Employer andthe tenderers previously subject to the original deadline shall thereafter besubject to the new deadline as extended.

18.3 Any tender received by the Employer after the prescribed deadline forsubmission of tender will be returned unopened to the tenderer.

19 Modification and Withdrawal of Tenders

19.1 The tenderer may modify or withdraw his tender after tender submission,provided that written notice of the modification or withdrawal is received

by the Employer prior to prescribe deadline for submission of tenders.

19.2 The tenderers modification or withdrawal notice shall be prepared, sealed,marked and dispatched in accordance with the provisions for thesubmission of tenders, with the inner and outer envelopes additionally

marked MODIFICATION or WITHDRAWAL as appropriate.

19.3 No tender may be modified subsequent to the deadline for submission oftenders.

19.4 No tender may be withdrawn in the interval between the deadline forsubmission of tenders and the period of tender validity specified on thetender form. Withdrawal of a tender during this interval will result in the

forfeiture of the Tender Security.

19.5 Subsequent to the expiration of the period of tender validity prescribed bythe Employer, and the tenderer having not been notified by the Employer

of the award of the Contract or the tenderer does not intend to conformwith the request of the Employer to extend the period of tender validity,the tenderer may withdraw his tender without risk of forfeiture of the

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TENDER OPENING AND EVALUATION

20 Tender Opening

20.1 The Employer will open the tenders in the presence of the tenderersrepresentatives who choose to attend at the time and location indicated inthe Invitation to Tender. The tenderers representatives who are presentshall sign a register evidencing their attendance.

20.2 Tenders for which an acceptable notice of withdrawal has been submitted,pursuant to clause 19, will not be opened. The Employerwill examine the tenders to determine whether they are complete, whetherthe requisite Tender Securities have been furnished, whether thedocuments have been properly signed and whether the tenders aregenerally in order.

20.3 At the tender opening, the Employer will announce the tenderers names,total tender price, tender price modifications and tender withdrawals, ifany, the presence of the requisite Tender Security and such other details

as the Employer, at his discretion, may consider appropriate. No tender

shall be rejected at the tender opening except for late tenders.

20.4 The Employer shall prepare minutes of the tender opening including theinformation disclosed to those present.

20.5 Tenders not opened and read out at tender opening shall not beconsidered further for evaluation, irrespective of the circumstances.

21 Process to be Confidential

21.1 After the public opening of tenders, information relating to theexamination, clarification, evaluation and comparisons of tenders and

recommendations concerning the award of Contract shall not be disclosedto tenderers or other persons not officially concerned with such process

until the award of Contract is announced.

21.2 Any effort by a tenderer to influence the Employer in the process of

examination, evaluation and comparison of tenders and decisionsconcerning award of Contract may result in the rejection of the tendererstender.

22 Clarification Tenders

22.1 To assist in the examination, evaluation and comparison of tenders, theEmployer may ask tenderers individually for clarification of their tenders,including breakdown of unit prices. The request for clarification and theresponse shall be in writing or by cable, facsimile or telex, but no changein the price or substance of the tender shall be

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sought, offered or permitted except as required to confirm the correction ofarithmetical errors discovered by the employer during the evaluation of thetenders in accordance with clause 24.

22.2 No Tenderer shall contact the Employer on any matter relating to histender from the time of the tender opening to the time the Contract isawarded. If the tenderer wishes to bring additional information to the

notice of the Employer, he shall do so in writing.

23 Determination of Responsiveness

23.1 Prior to the detailed evaluation of tenders, the Employer will determinewhether each tender is substantially responsive to the requirements of the

tender documents.

23.2 For the purpose of this clause, a substantially responsive tender is onewhich conforms to all the terms, conditions and specifications of thetender documents without material deviation or reservation and has a

valid bank guarantee. A material deviation or reservation is one whichaffects in any substantial way the scope, quality, completion timing or

administration of the Works to be undertaken by the tenderer under theContract, or which limits in any substantial way, inconsistent with the

tender documents, the Employers rights or the tenderers obligationsunder the Contract and the rectification of which would affect unfairly thecompetitive position of other tenderers who have presented substantially

responsive tenders.

23.3 Each price or unit rate inserted in the Bills of Quantities shall be arealistic estimate of the cost of completing the works described under the

particular item including allowance for overheads, profits and the like.Should a tender be seriously unbalanced in relation to the Employersestimate of the works to be performed under any item or groups of items,

the tender shall be deemed not responsive.

23.4 A tender determined to be not substantially responsive will be rejected bythe Employer and may not subsequently be made responsive by thetenderer by correction of the non-conforming deviation or reservation.

24 Correction of Errors

Tenders determined to be substantially responsive shall be checked by theEmployer for any arithmetic errors in the computations and summations.Errors will be corrected by the Employer as follows:

(a) Where there is a discrepancy between the amount in figures and theamount in words, the amount in words will govern.

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(b) Where there is a discrepancy between the unit rate and the line itemtotal resulting from multiplying the unit rate by the

quantity, the unit rate as quoted will prevail, unless in the opinion ofthe Employer, there is an obvious typographical error, in which case

adjustment will be made to the entry containing that error.

(c) The amount stated in the tender will be adjusted in accordance withthe above procedure for the correction of errors and, withconcurrence of the tenderer, shall be considered as binding uponthe tenderer. If the tenderer does not accept the corrected amount,the tender may be rejected and the Tender Security may be forfeited

in accordance with clause 13.

25 Conversion to Single Currency

25.1 This Clause is not applicable26 Evaluation and Comparison of Tenders

26.1 The Employer will evaluate only tenders determined to be substantiallyresponsive to the requirements of the tender documents in accordance

with clause 23.

26.2 In evaluating tenders, the Employer will determine for each tender theevaluated tender price by adjusting the tender price as follows:

(a) Making any correction for errors pursuant to clause 24.(b) Excluding Provisional Sums and provision, if any, for Contingencies

in the Bills of Quantities, but including Day works where pricedcompetitively.

26.3 The Employer reserves the right to accept any variation, deviation oralternative offer. Variations, deviations, alternative offers and other

factors which are in excess of the requirements of the tender documents orotherwise result in the accrual of unsoli cited benefits to the Employer,

shall not be taken into account in tender evaluation.

26.4 Price adjustment provisions in the Conditions of Contract applied over theperiod of execution of the Contract shall not be taken into account intender evaluation.

26.5 If the lowest evaluated tender is seriously unbalanced or front loaded inrelation to the Employers estimate of the items of work to be performed

under the Contract, the Employer may require the tenderer to producedetailed price analyses for any or all items of the Bills of Quantities, to

demonstrate the relationship between those prices, proposed construction

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methods and schedules. After evaluation of the price analyses, theEmployer may require that the amount of the Performance Security setforth in clause 29 be increased at the expense of the successful tenderer toa level sufficient to protect the Employer against financial loss in the eventof subsequent default of the successful tenderer under the Contract.

26.6 Firms incorporated in Kenya where indigenous Kenyans own 51% or moreof the share capital shall be allowed a 10% preferential bias provided thatthey do not sub-contract work valued at more than 50% of the Contract

Price excluding Provisional Sums to a non-indigenous sub-contractor.

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

AWARD OF CONTRACT

28 Award Criteria

28.1 Subject to clause 26, the Employer will award the Contract to the tendererwhose tender is determined to be substantially responsive to the tender

documents and who has offered the lowest evaluated tender price subject topossessing the capability and resources to effectively carry out the ContractWorks.

28.2 The Employer reserves the right to accept or reject any tender, and to annul thetendering process and reject all tenders, at any time prior to award of Contract,

without thereby incurring any liability to the affected tenderers or any obligationto inform the affected tenderers of the grounds for the Employers action.

29 Notification of Award and Signing of Contract

29.1 Prior to the expiration of the period of tender validity prescribed by theEmployer, the Employer will notify the successful tenderer by cable, telefax ortelex and confirmed in writing by registered letter that his tender has beenaccepted. This letter (hereinafter and in all Contract documents called Letter ofAcceptance) shall name the sum (hereinafter and in all Contract documentscalled the Sub- Contract Price) which the Employer will pay to the Sub-

Contractor in consideration of the execution and completion of the Sub-Contract Works as prescribed by the Contract.

29.2 Notification of award will constitute the formation of the Contract.29.3 At the same time the employer notifies the successful tenderer that his tender

has been accepted, the employer shall notify the other tenderers that theirtender s have been unsuccessful.

29.4 Within fourteen [14] days of receipt of the form of Sub- Contract Agreement fromthe Main Contractor, the successful tenderer shall sign the form and return it tothe Main Contractor together with the required Performance Security.

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

29.6 A tenderer who gives false information in the tender document about isqualification or who refuses to enter into a contract after notification of contractaward shall be considered for debarment from participating in future publicprocurement

30 Performance Guarantee

30.1 Within twenty eight [28] days of receipt of the notification of award from theEmployer, the successful tenderer shall furnish the Main Contractor with aPerformance Security in an amount stated in the Appendix to Instructions to

Tenderers.

30.2 The Performance Security to be provided by the successful tenderer shall be anunconditional Bank Guarantee issued at the tenderers option by an established

and a reputable Bank approved by the Employer and located in the Republic of

Kenya.

30.3 Failure of the successful tenderer to lodge the required Performance Securityshall constitute a breach of Contract and sufficient grounds for the annulment ofthe award and forfeiture of the Tender Security and any other remedy under theContract the Employer may award the Contract to the next ranked tenderer.

31 Advance Payment

An advance payment, if approved by the Employer, shall be made under theContract, if requested by the Sub- Contractor, in accordance with clause 32 of the

Conditions of Contract. The guarantee shall be issued by a bank located in theRepublic of Kenya, or a foreign bank through a correspondent bank located in the

Republic of Kenya, in either case subject to the approval of the Employer.

32 Corrupt and fraudulent practices.

The procuring entity requires that tenderers observe the highest standard of ethics

during the procurement process and execution of contract. A tenderer shall sign adeclaration that he has not and will not be involved in corrupt or fraudulentpractices.

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APPENDIX TO INSTRUCTIONS TO TENDERERS

CLAUSE

2.4 Joint Ventures

In case of a Joint Venture and besides submission of power ofattorney defining their partnership, the principal partner or partner

in - charge shall meet all the mandatory requirements on its ownwithout relying on the joint partner.

The definition of the Principal Partner or Partner in charge hall

be the firm / company submitting the tender and who shallsubsequently sign a contract with the Employer.

13 Tender Security

Amount of Tender Security is Kshs 2,000,000.00 (Shillings TwoMillion Only).

16 (i) The name and address of the Employer for the purposes ofsubmission of tenders is Board of Trustee, National Social

Security Fund, P.O. Box 30599 00100 Nairobi

(ii) The name of the proposed Works and where available theContract Number is Completion of Fibre to the HouseInstallations for the 3618 Nos. residential units for Phases 2,3,

4 & 5 sub-zones 2.1 -2.15, 3.1 3.12 at Nyayo Estate EmbakasiNairobi.

29 Performance Guarantee

The amount of Performance Security is 10% of the Contract Price

accordance with Clause 29 of Instructions to tenderers.

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1.58 APPENDIX TO THE SCHEDULE OF CONDITIONS OF MAIN CONTRACT

The Appendix to the Conditions of Main Contract has been completed as follows:-

Defects Liability Period 6 months from certified

Clause 15, 16, and 30 practical completion of the works.

Date of Possession In accordance with the MainClause 21 Contractors programme

Date of Practical Completion As stated in the Form of

Clause 22 Tender

Liquidated and Ascertained In accordance with the MainDamages Clause 30 (3) Contract: Maisonettes -

Kshs 850.00 per day, Flats Kshs 650.00 per day

Percentage of certified value 10%

retained Clause 30 (3)

Limit of retention Fund To be inserted at a sumClause 30 (3) equivalent to 5% of

of the Contract sum.

Period of final measurement Six months from certified

and valuation Clause 30(5) practical completionof the works.

Performance Security as per SampleGuarantee Clause 31 Performance Bank

Amount of Surety 10% of Sub Contract sum

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APPENDIX TO INSTRUCTIONS TO TENDERERS

The following information regarding the particulars of the tender shall complement, supplement or amendthe provisions of the instructions to tenderers. Wherever there is a conflict between the provision of the

instructions to tenderers and the provisions of the appendix, the provisions of the appendix herein shallprevail over those of the instructions to tenderers. In this regard, the NSSF will evaluate and compare the

tenders using the evaluation criteria provided below to determine their responsiveness, pursuant to Clauses10, 23 and 26 as follows:-.

Further to Clause 23 and 26 the following Evaluation Criteria shall apply:

STAGE 1 PRELIMINARY EVALUATION

Preliminary evaluation of open tenders

Tenders shall be subjected to a preliminary evaluation to determine

whether:-

(a) the tender has been submitted in the required format;

(b) any tender security submitted is in the required form, amount and validity period;

(c) the tender has been signed by the person lawfully authorised to do so;

(d) the required number of copies of the tender have been submitted;

(e) the tender is valid for the period required;(f) all required documents and information have been submitted; and(g) any required samples have been submitted.

Mandatory requirements

a. Valid NSSF Compliance Certificateb. Valid Tax Compliance Certificatec. Details of Directorship/ Ownership with respective shareholding and citizenship detailsd. Audited Accounts for the last 3 years (2008/2009, 2009/2010, 2010/2011and 2011/2012)e. Certificate of Company Incorporationf. Current valid Registration Certificate issued by Communication Commission of Kenya for

Telecommunications License Contractor.

g. Current Registration Certificate with Ministry of Public Works Category C or higher forTelecommunication Installations.

h. Bid Bond/Tender Security ofKshs 2,000,000.00 (Kenya Shillings Two Million Only)from a reputable bank valid for 120 days from closing date of tender

i. Power of attorney (of Tender signatory) in case of a joint ventureTenders which do not satisfy any of the above requirements shall be rejected.

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2.0 STAGE 2 TECHNICAL EVALUATION (MAXIMUM 100 POINTS)

(Documentary evidence Must be provided, and Cut-off points on Technical Evaluation is

75% to Qualify for Financial Evaluation)

2.1 Completion and Compliance of the Particular Specifications (pages 17 & 18) -(20 points)

Documents fully completed and conforming to all the Terms, Conditions and Specifications ofthe tender documents without material deviation or reservation in accordance with Clause 23.4 ofInstructions to Tenderers (submit copies of Declaration of Conformity and Test Reports

Certificates of Performance to BS or European Standards certified and issued by British orEuropean Factory of material manufacture) -13 points or rejection and compliant with pricing

instructions. Failure to satisfy these conditions will render the tender non-responsive

Arithmetic errors and consistency (7 points) No arithmetic errors (4 points)

-Up to 5% error (2 points)

- Above 5 % and up to 15% error (1 point)

- Above 15% error - Non responsive

Consistency in Price Distribution and complaint with pricing instructions (3 points)- Non consistent (0 Points)

2.2 Personnel (30 Points) refer to Appendix 1 page A/13 & A/14/1 attach evidence.

Contract Manager to have at least BSc (Electrical or Telecommunication Engineering) and 5years experience or HND (Elec. Eng) with 7 years experience or Certificate (Engineering) with

15 years experience in works of similar nature and Class A Telecommunication license from

Communication Commission of Kenya (3 Points)

-- Qualification ( 2points) and experience for the Period Indicated (1 point)

- With the required qualification but less experience than the period indicated (Pro-rate)

- Less Qualifications than stated above (0 Points)

Site Manager (1 No.) to have at least HND (Telecommunication Engineering) with 10 years

experience or Certificate (Telecommunication Engineering) with 15 years experience in worksof similar nature and Class A Telecommunication license from Communication Commissionof Kenya (3 Points)

- Qualification (2 points) and experience for the Period Indicated (1 point) (total 3 Points)- With the required qualification but less experience than the period indicated (Pro-rate)


Supervisors (2 No.) to have at least Certificate (Telecommunication Engineering) with at least 10years experience in works of similar nature and Class A Telecommunication license from

Communication Commission of Kenya. (6 Points)

- Qualification (2points per supervisor) and experience for the Period Indicated (1 point per

Supervisor) (total 6 Points)- With the required qualification but less experience than the period indicated (Pro-rate)


Telecommunication Technician (4 No.) to have at least Certificate (TelecommunicationEngineering) with at least 5 years experience in works of similar nature. (6 Points)

- Qualification (0.5points for each technician) and experience for the Period Indicated (1

point) (total 4 Points)

- With the required qualification but less experience than the period indicated (Pro-rate)


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Detailed curriculum vitae of the above employees certified by employee and authorized personof the bidding company to be attached (12 Points)

-Submission for all the above staff (12 Points)

-Submission of less or none (Pro-rata)

2.3 Relevant Experience (15 points) refer to Appendix 2 page A/14/2

Details of experience and past performance on at least three completed projects on Structured NetworkInstallations within the past ten years each with a value of not less than 25 million including current

contracts, names of clients/firms, clear physical address and contact persons (15 points)

List of completed projects to include the following (5 Points on eachproject)i) Name of project (0.5 points each)ii) Address of project- (0.5 points each)

iii) Contact persons- (0.5 points each)

iv) Their values (25 million and above) (0.5 points each)

v) Proof of such contracts(Attach award letters or completion certificates) (3 Points each)

Less number of projects as above (pro-rate) If no award letters/completion certificates are attached(0 Points for the entire project)

2.4 Machinery & Equipment (12 Points) refer to Appendix 3 page A/15/1

Major items of Tenderers equipment proposed for carrying out the Works including but notlimited to the listed items as shown in Appendix 3 (12 points)

- Availability of the equipment as listed (2 points)

- State if equipment is owned or leased (3 points)- Attach a firm commitment letter of authority for inspection of the items by NSSF at any

time (7 points).

2.5 Business Support (15 points) refer to Appendix 4 page A/15/2

i) Availability of Insurance cover / proof of indemnity against risks and public liability cover(4 points)

ii) Availability of Liquid assets (2 points) and access to lines of credit or other financialresources (2 points) - (total 4 Points)

iii) Proof of Financial stability (Liquidity ratio of 1:1 or current ratio of 2:1) (4 Points)iv) Appointed bankers (1 point) and letter of authority to seek references (1 point) - (total 2

Points)

v) Statement and nature of any litigation in last 5 years. If none, state so. (1 Point)

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2.6 At least 3 referees (attach letters of recommendation/references from clients) - 3 Points

3 references (3 points)Less (prorate)

2.7 Completion programme for the works refer to Appendix 5 page

A/15/3 (5 Points)

Shortest realistic contract period (5 points)- Any other period greater than lowest contract period on pro-rata

N.B. Cut off points on Technical Evaluation is 75% to qualify for financial evaluation.

3.0 STAGE 3 FINANCIAL EVALUATION / PRICE COMPARISONS

Price comparison and checking for arithmetic errors if any.

4.0 RECOMMENDATION(S)

The lowest evaluated tender shall be recommended for consideration of award.

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APPENDIX 1

1.0 Personnel

1.1. Qualification and experience of key personnel proposed for administration and execution of the Contract. Attachbiographical data. (6 points)

Position Name Academic Qualification ProfessionalQualification

Years ofexperience inproposedposition

1. Contract Manager

2. Site Manager

1.2. Proposed Technical Staff (attach relevant certificates) (22 points)

Name Academic Qualification ProfessionalQualification

Years ofExperience

1. Supervisors (2)

2. Telecommunication Technicians (4)

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FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

Proposed Position:____________________________________

Name of Firm: _______________________________________________________________

Name of Staff: ________________________________________________________________Profession: ___________________________________________________________________

Date of Birth: ________________________________________________________________

Years with Firm: _________________________________ Nationality: _________________

Membership in Professional Societies: ___________________________________________

Detailed Tasks, which will be assigned;

i) ii) ..iii) ...Key Qualifications:

(Give an outline of staff member's experience and training most pertinent to tasks on assignment.

Describe degree of responsibility held by staff member on relevant previous assignments and give dates

and locations).

____________________________________________________________________________

Education:(Summarise college/university and other specialised education of staff member, giving names of schools,

dates attended and degree(s) obtained).____________________________________________________________________________

Employment Record:

(Starting with present position, list in reverse order every employment held. List all positions held by staffmember since graduation, giving dates, names of employing organisations, titles of positions held, and

locations of assignments.)

____________________________________________________________________________

Certification:

I, the undersigned, certify that these data correctly describe me, my qualifications, and my experience.

___________________________________ Date: _________________________________

(Signature of staff member)

___________________________________ Date: _________________________________

(Signature of authorised representative of the firm)

Full name of staff member: _____________________________________________________

Full name of authorised representative: _________________________________________

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1.1.Constitution or legal status of tenderer (attach copy or Certificate of incorporation);Place of registration: ___________________________________________

Principal Place of Business ________________________________________

Power of Attorney of Signatory of Tender ____________________________(If joint Venture)

1.2. List of projects carried out in the last 10 years in construction industry as Fibre to the House

Installations contractor.Name of Client Type of Fibre to the

House Installations &contract period

Location Contract Year Contract sum

Total amount for Fibre to the House Installations

1.3. Total monetary value of Fibre to the House Installations with value not less than Kshs 200 million in total performedin the last five years atleast four (4) of which must be of values not less than 50 million each.

Year Name of Client Address of Client Volume

Currency ValueYear 1

Year 2

Year 3

Year 4

Year 5

Total amount for Fibre to the House Installations

1.4. Details of Fibre to the House Installations under way or committed, including expected completion.Name of client Contact Person Type of Fibre to the

House Installations

offered and duration

Value of Contract Status of Project ExpectedCompletion date

A/14/2

APPENDIX 2

Relevant Experience1.0


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2.0 Firms References

2.1 Relevant services carried out in the last five (5) years that best illustrate qualifications (at least 5

Corporate Clients required).

2.2 Using the format below provide information on each assignment for which your firm either individually

as a corporate entity or in association, was legally contracted.

Assignment Name Country

Location within Country: Professional Staff provided by your

Firm/Entity(profiles):

Name of Client No. of Staff:

Address: No of Staff-Months; Duration ofAssignment:

Start Date(Month/Year) Completion Date(Month/Year): Approx. Value of Services (Kshs)

Name of Senior (Project Director/Co-coordinator, Team Leader) involved and functions

Preformed:

Narrative Description of Project:

Description of Actual Services provided by Your staff:

Firms Name:___________________________________________________

Name of title of signatory; _________________________________________

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APPENDIX 3

1.0 Machinery and Equipment

1.1 Major items of Contractors Machinery, Tools and Equipment proposed for carrying out Fibre to theHouse Installations. List all information required below. Owned and / or lease

Item of Equipment QtySpec

No.Avail-able

DescriptionMake andage

(years)

Condition(new, good,poor)

Owned and/orleased (attach leaseagreement copy)

Tools & Plant

Description

- Welding Sets

- Drill Machines

- Light duty grinders- Set maintenance tools- Tool box with tools

- pipe Wrench- Crimping tool

- Ruler

Sub-total for Tools &Plant

Measuring Instruments

- Laptop Computer

- Phase tester

- Digital multi-tester/meter- Current clamp meter

- Electronic Megger meter

- Lux meter

- Frequency meter- Phase sequence meter

- Power factor meter

Sub-total Measuring

Instruments

Communication Equipment

- Mobile Units

Sub-total for Communication

Equipment

Vehicles

- pickups

- Saloon

1

3

222

33

5

21

14

3

31

1

1

11

16

2

2

1

1

2

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APPENDIX 4

1.0 Business support

1.1 Evidence of insurance cover for equipment and indemnity. List below and attach certified copies

______________________________________________________________________________________

__________________________________________________________________________________________________________________________

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

______________________________________________________________________________________

______________________________________________________________________________________

___________________________________________

1.3 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.______________________________________________________________________________________

______________________________________________________________________________________

____________________________________________

1.4 Name, address and telephone, telex and facsimile numbers of appointed bankers that may provide

references if contacted by the Employer. List below and attach copies.Attach bankers letter of authority to seek reference.______________________________________________________________________________________

______________________________________________________________________________________

____________________________________________

1.5 Statement of compliance with all the provisions, clauses, specifications and requirements of the

tendering document

____________________________________________________________________________________________________________________________________________________________________________

_____________________________________________

1.6 Names of legal advisers and statement and nature of any litigation in the last 5 years. (If none state so)

______________________________________________________________________________________

___________________________________________________________________________________________________________________________________

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APPENDIX 5

1.0 Proposed Program of Work for the Fibre to the House Installations

LC

(weeks)

Delivery

Period (weeks)

Installation

(weeks)

Commission/

handover(weeks)

Total

ContractPeriod

(weeks)

Defects

liabilityperiod

(weeks)

Phase 2

Sub-zone 2.1

Sub-zone2.2

Sub-zone 2.3

Sub-zone 2.4

Sub-zone 2.5

Sub-zone 2.6

Sub-zone 2.7

Sub-zone 2.8

Sub-zone 2.9

Sub-zone 2.10

Phase 3

Sub-Zone 2.11Sub-Zone 2.12


Sub-Zone 2.15

Phase 4

Sub-Zone 3.2

Sub-Zone 3.8

Sub-Zone 3.9

Sub-Zone 3.10

Sub-Zone 3.11

Sub-Zone 3.12

Phase 5

Sub-Zone 3.1Sub-Zone 3.3Sub-Zone 3.4


Sub-Zone 3.7

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SECTION 2


CONTENTS PAGE

CLAUSE PAGE

Definitions A/16

Interpretations .......................... A/18

Language and Law........................ A/18

Project Managers Decisions.. A/18

Delegation.. A/19

Communication. A/19

Sub-Contracting........................ A/19

Other Contractors.. A/19

Personnel A/19

Works A/19

Safety and Temporary Works A/19Discoveries.. . A/20

Work Program... ... A/20

Possession of Site......................... A/20Access to Site A/20

Instructions... A/20Extension or Acceleration of Completion Date....... A/21

Management Meetings. A/21Early Warning.. A/21

Defects. A/21Bills of Quantities. .. A/22

Variations. A/22

Payment Certificates, Currency of payment and

Advance Payments.. A/23

Compensation Events.......................... A/24

Price Adjustment. A/26

Retention A/27

Liquidated Damages........................... A/27

Securities.. A/27

Day works.. A/27

Liability and Insurance.. A/28

Completion and taking over A/29

Nominated Sub-Contractors A/27

Final Account

. A/30Termination A/31

Payment upon Termination.. A/31Release from Performance A/32

Corrupt gifts and payment of commission.. A/32Settlement of Disputes. A/33

Trade Names .. A/34


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SECTION 2:


1. Definitions

1.1 In this Contract, except where the context otherwise requires, the following

terms shall be interpreted as indicated;

Bill of Quantities means the priced and completed Bill of Quantities forming part of thetender.

Compensation Events are those defined in Clause 24 hereunder.

The Completion Date means the date of completion of the Works as certified by the Project

Manager, in accordance with Clause 31.

The Contract means the agreement entered into between the Employer and the Contractor as

recorded in the Agreement Form and signed by the parties including all attachments and

appendices thereto and all documents incorporated by reference therein to execute, complete,

and maintain the Works,

The Contractor refers to the person or corporate body whose tender to carry out the Works

has been accepted by the Employer.

Other Contractors shall refer to persons or corporate bodies whose tenders to carry out theworks have been accepted by the Employer, working under the Contractor.

The Contractors Tender is the completed tendering document submitted by the Contractor

to the Employer.

The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in

accordance with the provisions of the Contract.

Days are calendar days; Months are calendar months.

A Defect is any part of the Works not completed in accordance with the Contract.

The Defects Liability Certificate is the certificate issued by Project Manager upon correction

of defects by the Contractor.

The Defects Liability Period is the period named in the Contract Data and calculated from

the Completion Date.

Drawings include calculations and other information provided or approved by the Project

Manager for the execution of the Contract.

Dayworks are Work inputs subject to payment on a time basis for labour and the associatedmaterials and plant.

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Employer, or the Procuring entity as defined in the Public Procurement Regulations (i.e.

Central or Local Government administration, Universities, Public Institutions and Corporations,etc) is the party who employs the Contractor to carry out the Works.

Equipment is the Contractors machinery and vehicles brought temporarily to the Site for the

execution of the Works.

The Intended Completion Date is the date on which it is intended that the Contractor shallcomplete the Works. The Intended Completion Date may be revised only by the Project

Manager

by issuing an extension of time or an acceleration order.

Materials are all supplies, including consumables, used by the contractor for incorporation in

the Works.

Plant is any integral part of the Works that shall have a mechanical, electrical, chemical, or

biological function.

Project Manager is the person named in the Appendix to Conditions of Contract (or anyother competent person appointed by the Employer and notified to the Contractor, to act in

replacement

of the Project Manager) who is responsible for supervising the execution of the Works andadministering the Contract and shall be an Architect or a Quantity Surveyor registered

under the Architects and Quantity Surveyors Act Cap 525 or an Engineer registered underEngineers Registration Act Cap 530.

Prime cost sumMeans a sum included in the contract bills for works or services to be

executed by a nominated sub-contractor, statutory or other authority or for materials or goods tobe obtained from a nominated supplier.

Provisional sumMeans a sum included in the contract bills for the execution of work whichcannot be entirely foreseen, defined or detailed at the time the tender documents are issued.

Site is the area defined as such in the Appendix to Condition of Contract.

Site Investigation Reports are those reports that may be included in the tendering documents

which are factual and interpretative about the surface and subsurface conditions at the Site.

Specifications means the Specifications of the Works included in the Contract and any

modification or addition made or approved by the Project Manager.

Start Date is the latest date when the Contractor shall commence execution of the Works.It does not necessarily coincide with the Site possession date(s).

A Contractor is a person or corporate body who has a Contract with the Contractor to carry

out a part of the Work in the Contract, which includes Work on the Site.

Temporary works are works designed, constructed, installed, and removed by the Contractor

which are needed for construction or installation of the Works.

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A Variation is an instruction given by the Project Manager which varies the

Works.

The Works are what the Contract requires the Contractor to construct, install,

and turnover to the Employer, as defined in the Appendix to Conditions ofContract.

2. Interpretation

2.1 In interpreting these Conditions of Contract, singular also means plural, male also means

female or neuter, and the other way around. Headings have no significance. Words have

their normal meaning in English Language unless specifically defined. The Project Manager

will provide instructions clarifying queries about these Conditions of Contract.

2.2 If sectional completion is specified in the Appendix to Conditions of Contract, reference in

the Conditions of Contract to the Works, the Completion Date and the Intended Completion

Date apply to any section of the Works (other than references to the Intended Completion

Date for the whole of the Works).

2.3 The following documents shall constitute the Contract documents and shall be interpreted inthe following order of priority;

(1) Agreement,(2) Letter of Acceptance,

(3) Contractors Tender,(4) Appendix to Conditions of Contract,

(5) Conditions of Contract,(6) Specifications,

(7) Drawings,(8) Bill of Quantities,

(9) Any other documents listed in the Appendix to Conditions of Contract as forming part

of the Contract.

Immediately after the execution of the Contract, the Project Manager shall furnish both the

Employer and the Contractor with two copies each of all the Contract documents. Further, as

and when necessary the Project Manager shall furnish the Contractor [always with a copy to

the Employer] with three [3] copies of such further drawings or details or descriptive

schedules as are reasonably necessary either to explain or amplify the Contract drawings or

to enable the Contractor to carry out and complete the Works in accordance with these

Conditions.

3. Language and Law

3.1 Language of the Contract and the law governing the Contract shall be English language and

the Laws of Kenya respectively

4. Project Managers Decisions

4.1 Except where otherwise specifically stated, the Project Manager will decide Contractualmatters between the Employer and the Contractor in the role representing the Employer.

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5. Delegation

5.1 The Project Manager may delegate any of his duties and responsibilities to others afternotifying the Contractor.

6. Communications

6.1 Communication between parties shall be effective only when in writing. A notice shall beeffecti

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