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EXPORT PROCESSING ZONES

AUTHORITY P.O. BOX 50563 – 00200

NAIROBI

EPZA TENDER NO. 10/ 2014 - 2015

TENDER FOR THE PROPOSED DRILLING OF

BOREHOLE AT PONDS

(DECEMBER 2014)

Administration Building

Viwanda Road

P.O. Box 50563-00200

NAIROBI

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INVITATION TO TENDER

EXPORT PROCESSING ZONES AUTHORITY

TENDER NOTICE

Export Processing Zones Authority (EPZA) is a statutory body established in 1990 through an Act of Parliament (The EPZA Act Cap 517, Laws of Kenya) with the main objective of promoting and facilitating export oriented investments and to develop an enabling environment for such investments. It is responsible for facilitating the implementation of new investment projects, providing after care services for new and existing investments. The Athi River Export Processing Zone is Kenya’s largest and leading industrial park, designed to offer your export-oriented project an ideal location. The Zone offers the best of both worlds: world class infrastructure and services; generous tax incentives and a supportive, business friendly operating system; all within a spacious, green, well maintained park environment. EPZA invites applications from interested and competent contractors possessing the requisite skills, resources and experience for the supply of the under listed works and services as per specifications detailed in the Tender Document.

No. Tender No. Tender Description

Cost of tender document (Kshs) Non- refundable

Pre Site Visit Date

Closing Date and Time

Applicants

1. EPZA Tender No. 02 / 2014 – 2015

Tender for the Proposed Grading of Roads for Phase II

Kshs 1,000.00 19th November 2014 at 11:00am local time

27th November 2014 at 11:00am local time

Open to the General Public

2. EPZA Tender No. 03/ 2014 – 2015

Tender for the Proposed Water Reticulation for Phase II

Kshs 1,000.00 19th November 2014 at 11:00am local time

27th November 2014 at 11:00am local time

Open to the General Public

3. EPZA Tender No. 04 / 2014 – 2015

Tender for the Proposed Drilling of Borehole at Ponds

Kshs. 1,000.00 20th

November 2014 at 11:00am local time

27th June 2014 at 11:00am local time

Open to the General Public

Interested, eligible and competent firms may obtain further information and inspect the Tender Documents detailing the requirements from EPZA Procurement Offices on 01st Floor, Administration Building ,Viwandani Road, off Nairobi – Namanga Highway, during normal working hours and upon payment of a non-refundable fee of Kshs.1,000.00 per set of for each tender in bankers cheque or cash payable to the cashier on second floor, at the Export Processing Zones Authority Offices, Administration Building, located on Viwandani Road, off Nairobi – Namanga Highway –Kitengela.

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The applicant or his / her agent may inspect the tender document BEFORE purchase and pick the document at the procurement office, 01st floor of the same building upon production of a payment receipt.

Completed Tender Documents in plain sealed outer envelope enclosing separately sealed and clearly marked inner envelopes (in “Original” and “two copies” properly bound) ALL clearly marked with respective TENDER NO: ……./2014-2015 – AND TENDER NAME as per instructions in the tender documents should be addressed to:-

THE CHIEF EXECUTIVE OFFICER EXORT PROCESSING ZONES AUTHORITY

P O BOX 50563-00200 NAIROBI

Should be deposited in the Tender Box on Ground Floor, Administration Building, Viwandani Road, off Nairobi – Namanga Highway on or the respective stated date and time. Tender documents will be opened immediately thereafter in the Conference Room on Ground floor, of the same buiding in the presence of bidder representatives who choose to attend. Mandatory site visits will take place on the respective dates and time for each tender. Tenderers or their representatives are advised to assemble on Ground Floor, Administration Building, Viwandani Road, off Nairobi – Namanga Highway by 10:00 a.m so as to be taken around the site by EPZA representatives. Tenderers are expected to make their own travel arrangements to and from the site. Tenderers are also expected to sign the pre- site visit register. Prices quoted should be net inclusive of all taxes and must be in Kenya Shillings, and shall remain valid for 120 days from the closing date of the tender. EPZA reserves the right to accept or reject any application either in whole or in part without giving reasons for either rejection or acceptance.

Youth, Women and Persons with Disabilities are encouraged to apply

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TABLE OF CONTENTS

PAGE

SECTION I INVITATION TO TENDER ……………….. 1

SECTION II INSTRUCTIONS TO TENDERERS ………… 2

Appendix to Instructions to tenderers ……….. 18

SECTION III GENERAL CONDITIONS OF CONTRACT…… 19

SECTION IV SPECIAL CONDITIONS OF CONTRACT ……... 27

SECTION V TECHNICAL SPECIFICATION .. 35

SECTION VI BILLS OF QUANTITIES ……………… 45

SECTION VII STANDARD FORMS ………………………..,,, 49

7.1 FORM OF TENDER ……………………. 51

7.2 CONFIDENTIAL BUSINESS &

QUESTIONNAIRE FORM……………….. 52

7.3 TENDER SECURITY FORM …………….53

7.4 CONTRACT FORM ………………………54

7.5 PERFORMANCE SECURITY FORM……..55

7.6 BANK QUARANTEE FOR ADVANCE

PAYMENT ……………………………….. 56

7.7 MANUFACTURER’S AUTHORIZATION

FORM ………………………………………57

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SECTION I INVITATION TO TENDER

TENDER REF NO. EPZA TENDER NO. 10/2014-2015

TENDER NAME DRILLING OF A BOREHOLE AT THE PONDS

1.1 Export Processing Zones Authority (EPZA) invites sealed tenders

from eligible candidates for drilling and construction of borehole at

the ponds within their premises at Kinanie.

1.2 Interested eligible candidates may obtain further information from and

inspect the tender documents at the procurement office located in first

floor of the Administration Building in Athi River during normal

working hours.

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

candidates upon payment of non-refundable fees of Kshs 1,000.00 in

cash or Bankers cheque payable at the cashier’s office located in 2nd

floor of the Administration Building.

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

Shillings and shall remain valid for 120 days from the closing date of

the tender.

1.5 Completed tender documents are to be enclosed in plain sealed

envelopes marked with tender reference number and be deposited in

the Tender Box at the ground floor of the Administration Building or

be addressed to

The Chief Executive Office’

Export Processing Zones Authority

Administration Building,

Viwanda Road,

P.O. Box 50563 - 00200,

Nairobi.

1.6 Tenders will be opened immediately thereafter in the presence of the

Candidates or their representatives who choose to attend at the address

indicated above

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SECTION II - INSTRUCTIONS TO TENDERERS

Table of Clauses

Page

2.1 Eligible Tenderers…………………………………. 3

2.2 Eligible Equipment………………………………….. 3

2.3 Cost of Tendering…………………………………. 3

2.4 Contents of Tender Document……………………….. 3

2.5 Clarification of Tender Documents…………………. 4

2.6 Amendment of Tender Document……………………. 4

2.7 Language of Tender…………………………………. 5

2.8 Documents Comprising the Tender………………… 5

2.9 Tender Forms……………………………………….. 6

2.10 Tender Prices………………………………………….6

2.11 Tender Currencies………………………………….. 6

2.12 Tenderers Eligibility and Qualifications……………. 6

2.13 Goods’ Eligibility and Conformity to Tender Document.7

2.14 Tender Security…………………………………….. 8

2.15 Validity of Tenders…………………………………. 9

2.16 Format and Signing of Tenders………………………. 9

2.17 Sealing and Marking of Tenders…………………… 10

2.18 Deadline for Submission of Tender ……………….. 10

2.19 Modification and Withdrawal of Tenders………….. 11

2.20 Opening of Tenders………………………………… 11

2.21 Clarification of Tenders……………………………. 12

2.22 Preliminary Examination…………………………… 12

2.23 Conversion to Single Currency……………………… 13

2.24 Evaluation and Comparison of Tenders…………….. 13

2.25 Contacting the EPZA……………………………. 14

2.26 Award of Contract……………………………………. 14

(a) Post Qualification………………………………… 14

(b) Award criteria …………………………………… 15

(c) EPZA’s Right to Vary Quantities……………. 15

(d ) EPZA’s Right to Accept or Reject any

or all Tenders ………………………………….. 15

2.27 Notification of Award…………………………… 16

2.28 Signing of Contract………………………………. 16

2.29 Performance Security …………………………….. 17

2.30 Corrupt or Fraudulent Practices…………………. 17

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SECTION II – INSTRUCTIONS TO TENDERERS

2.1 Eligible Tenderers

2.1.1 This Invitation for Tenders is open to all tenderers eligible as

described in the Appendix to Instructions to Tenderers. Successful

tenderers shall complete the supply of services by the intended

completion date specified in the tender documents.

2.1.2 The EPZA’s employees, committee members, board members and

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

tender unless where specially allowed under section 131 of the Act.

2.1.3 Tenderers involved in corrupt or fraudulent practices or debarred from

participating in public procurement shall not be eligible.

2.2 Eligible Equipment

Not Applicable

2.3 Cost of Tendering

2.3.1 The Tenderer shall bear all costs associated with the preparation and

submission of its tender, and EPZA will in no case be responsible or

liable for those costs, regardless of the conduct or outcome of the

tendering process.

2.3.2 The price to be charged for the tender document shall not exceed Ksh

1,000.00

2.3.3 EPZA shall allow the tenderer to review the tender document free of

charge before purchase.

2.4. Contents of Tender Document

2.4.1 The tender document comprises the documents listed below and

addenda issued in accordance with clause 2.6 of these instructions to

tenderers

(i) Invitation to Tender

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(ii) Instructions to Tenderers

(iii) General Conditions of Contract

(iv) Special Conditions of Contract

(v) Tender Form

(vi) Tender Security Form

(vii) Contract Form

(viii) Performance Security Form

(ix) Bank Guarantee for Advance Payment Form

(x) Confidential Business Questionnaire Form

2.4.2 The Tenderer is expected to examine all instructions, forms, terms,

and specifications in the tender documents. Failure to furnish all

information required by the tender documents or to submit a tender

not substantially responsive to the tender documents in every respect

will be at the tenderers risk and may result in the rejection of its

tender.

2.5 Clarification of Tender Documents

2.5.1 A prospective tenderer making inquiries of the tender

documents may notify EPZA in writing or by post at the

address indicated in the invitation for tenders. EPZA

will respond in writing to any request for clarification of the

tender documents, which it receives not later than seven (7) days prior

to the deadline for the submission of tenders Written copies

of the response (including an explanation of the query but

without identifying the source of inquiry) will be sent to all

prospective tenderers that have received the tender document.

2.5.2 EPZA shall reply to any clarifications sought by the tenderer within 3

days of receiving the request to enable the tenderer to make timely

submission of its tender.

2.6 Amendment of Tender Documents

2.6.1 At any time prior to the deadline for submission of tender, EPZA for

any reason, whether at its own initiative or in response to a

clarification requested by a prospective tenderer, may modify the

tender documents by issuing an addendum.

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2.6.2 All prospective tenderers that have obtained the tender documents will

be notified of the amendment in writing or by post and will be binding

on them.

2.6.3 In order to allow prospective tenderers reasonable time in which to

take the amendment into account in preparing their tenders, the EPZA,

at its discretion, may extend the deadline for the submission of

tenders.

2.7 Language of Tender

2.7.1 The tender prepared by the tenderer, as well as all correspondence and

documents relating to the tender exchange by the tenderer and the

EPZA, shall be written in English language, provided that any printed

literature furnished by the tenderer may be written in another language

provided they are accompanied by an accurate English translation of

the relevant passages in which case, for purposes of interpretation of

the tender, the English translation shall govern.

2.8 Documents Comprising the Tender

2.8.1 The tender prepared by the tenderers shall comprise the following

components.

(a) a Tender Form and a Price Schedule completed in

accordance with paragraph 2.9, 2.10 and 2.11 below

(b) documentary evidence established in accordance with

paragraph 2.12 that the tenderer is eligible to tender and

is qualified to perform the contract if its tender is

accepted;

(c) documentary evidence established in accordance with

paragraph 2.13 that the goods and ancillary services to be

supplied by the tenderer are eligible goods and services

and conform to the tender documents; and

(d) tender security furnished in accordance with paragraph

2.14

(e) Confidential Business Questionnaire

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2.9 Tender Form

2.9.1 The tenderer shall complete the Form of Tender and the appropriate

Price Schedule furnished in the tender documents, indicating the

equipment to be supplied, installed and commissioned and a brief

description of the equipment, their country of origin, quantity, and

prices.

2.10 Tender Prices

2.10.1 The tenderer shall indicate on the appropriate Price Schedule the unit

prices where applicable and total tender price of the equipment and

installation it proposes to supply under the contract.

2.10.2 Prices indicated on the Price Schedule shall be entered separately in

the following manner:

(i) the price of the equipment quoted EXW (ex works, ex factory, ex

warehouse, ex showroom, or off-the-shelf, as applicable),

including all customs duties and sales and other taxes already paid

or payable:

(ii) charges for inland transportation, insurance, and other local costs

incidental to delivery of the goods to their final destination; and

(iii) installation charges shall also be indicated separately for each

equipment

2.10.3 Prices quoted by the tender shall remain fixed during the Tender’s

performance of the contract. A tender submitted with an adjustable

price quotation will be treated as non-responsive and will be rejected,

pursuant to paragraph 2.22 unless otherwise agreed by the parties.

2.11 Tender Currencies

2.11.1 Prices shall be quoted in Kenya Shillings.

2.12 Tenderers Eligibility and Qualifications

2.12.1 Pursuant to paragraph 2.1. the tenderers shall furnish, as part of its

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tender, documents establishing the tenderers eligibility to tender and

its qualifications to perform the contract if its tender is accepted.

2.12.1 The documentary evidence of the tenderers eligibility to tender shall

establish to EPZA’s satisfaction that the tenderer, at the time of

submission of its tender, is from an eligible source country as defined

under paragraph 2.1

(a) The documentary evidence of the tenderes qualifications to

perform the contract if its tender is accepted shall establish to

EPZA’s satisfaction that the tenderer has the financial,

technical, and production capability necessary to perform the

contract.

2.13 Goods Eligibility and Conformity to Tender Document

2.13.1 Pursuant paragraph 2.2 of this section, the tenderer shall furnish, as

part of its tender documents establishing the eligibility and conformity

to the tender documents of all equipment which the tenderer proposes

to supply under the contract

2.13.2 The documentary evidence of the eligibility of the goods shall consist

of statement in the Price Schedule of the country of origin of the

goods and services offered.

2.13.3 The documentary evidence of conformity of the equipment to the

tender documents may be in the form of literature, drawings, and data,

and shall consist of:

a) a detailed description of the essential technical and performance

characteristic of the equipment

b) a list giving full particulars, including available source and

current prices of spare parts, special tools, etc., necessary for

the proper and continuing functioning of the equipment for a

period of two (2) years, following commencement of the use of

the equipment by the EPZA; and

c) a clause-by-clause commentary on EPZA’s Technical

Specifications demonstrating substantial responsiveness of the

goods and service to those specifications, or a statement of

deviations and exceptions to the provisions of the Technical

Specifications.

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2.13.4 For purposes of the commentary to be furnished pursuant to paragraph

2.13.3(c ) above, the tenderer shall note that standards for

workmanship, material, and equipment, as well as references to brand

names or catalogue numbers designated by the Procurement entity in

its Technical Specifications, are intended to be descriptive only and

not restrictive. The tenderer may substitute alternative standards,

brand names, and/or catalogue numbers in its tender, provided that it

demonstrates to the Procurement entity’s satisfaction that the

substitutions ensure substantial equivalence to those designated in the

Technical Specifications.

2.14 Tender Security

2.14.1 The tenderer shall furnish, as part of its tender, a tender security in

the amount stated in the advertisement.

2.14.2 The tender security shall be in the amount not exceeding 2 percent of

the tender price.

2.14.3 The tender security is required to protect EPZA against the risk of

Tenderer’s conduct which would warrant the security’s forfeiture,

pursuant to paragraph 2.14.7

2.14.4 The tender security shall be denominated in Kenya Shillings, and shall

be in the form of

a) A bank guarantee

b) Such insurance guarantee approved by PPOA

2.14.5 Any tender not secured in accordance with paragraph 2.14.1 and

2.14.3 will be rejected by EPZA as non responsive, pursuant to

paragraph 2.22

2.14.6 Unsuccessful Tenderer’s tender security will be discharged or

returned as promptly as possible but not later than thirty (30) days

after the expiration of the period of tender validity prescribed by

EPZA.

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2.14.7 The successful Tenderer’s tender security will be discharged upon the

tenderer signing the contract, pursuant to paragraph 2.27 and

furnishing the performance security, pursuant to paragraph 2.28

2.14.8 The tender security may be forfeited:

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

specified by the EPZA on the Tender Form; or

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

i) to sign the contract in accordance with paragraph 2.27

1. or

ii) to furnish performance security in accordance with paragraph

2.28

c) If the tenderer rejects correction of an arithmetic error in the tender.

2.15 Validity of Tenders

2.15.1 Tenderers shall remain valid for 90 days or as specified in the tender

documents after date of tender opening prescribed by the EPZA,

pursuant to paragraph 2.20. A tender valid for a shorter period shall

be rejected by EPZA as non responsive.

2.15.2 In exceptional circumstances, EPZA may solicit the Tenderer’s

consent to an extension of the period of validity. The request and the

responses there to shall be made in writing. The tender security

provided under paragraph 2.14 shall also be suitably extended. A

tenderer may refuse the request without forfeiting its tender security.

A tenderer granting the request will not be required nor permitted to

modify its tender.

2.16 Format and Signing of Tender

2.16.1 The Tenderer shall prepare two copies of the tender, clearly marking

each “ORIGINAL TENDER” and “ TWO COPIES OF TENDER,” as

appropriate. In the event of any discrepancy between them, the

original shall govern.

2.16.2 The original and all copies of the tender shall be typed or written in

indelible ink and shall be signed by the tenderer or a person or persons

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duly authorized to bind the tenderer to the contract. All pages of the

tender, except for unamended printed literature, shall be initialed by

the person or persons signing the tender.

2.16.3 The tender shall have no interlineations, erasures, or overwriting

except as necessary to correct errors made by the tenderer, in which

case such corrections shall be initialed by the person or persons

signing the tender.

2.17 Sealing and Marking of Tenders

2.17.1 The Tenderer shall seal the original and each copy of the tender in

separate envelopes, duly marking the envelopes as “ORIGINAL” and

“COPIES.” The envelopes shall then be sealed in an outer envelope.

2.17.2 The inner and outer envelopes shall:

(a) be addressed to the EPZA at the address given on the Invitation

to Tender.

(b) bear the tender number and name in the Invitation to Tender

and the words “DO NOT OPEN BEFORE (day, date at time of

closing)

2.17.3 The inner envelopes shall also indicate the name and address of the

tenderer to enable the tender to be returned unopened in case it is

declared “late”.

2.17.4 If the outer envelope is not sealed and marked as required by

paragraph 2.17.2, EPZA will assume no responsibility for the tender’s

misplacement or premature opening.

2.18 Deadline for Submission of Tenders

2.18.1 Tenders must be received by the EPZA at the address specified under

paragraph 2.17.2 not later than (the time and date specified).

2.18.2 EPZA may, at its discretion, extend this deadline for the submission

of tenders by amending the tender documents in accordance with

paragraph 2.6, in which case all rights and obligations of the EPZA

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and candidates previously subject to the deadline will therefore be

subject to the deadline as extended

2.18.3 Bulky tenders which will not fit in the tender box shall be received

by EPZA as provided for in the Appendix.

2.19 Modification and Withdrawal of Tenders

2.19.1 The tenderer may modify or withdraw its tender after the tender’s

submission, provided that written notice of the modification, including

substitution or withdrawal of the tenders, is received by the EPZA

prior to the deadline prescribed for submission of tenders.

2.19.2 The Tenderer’s modification or withdrawal notice shall be prepared,

sealed, marked, and dispatched in accordance with the provisions of

paragraph 2.17. A withdrawal notice may also be sent by cable, telex

but followed by a signed confirmation copy, postmarked not later than

the deadline for submission of tenders.

2.19.3 No tender may be modified after the deadline for submission of

tenders.

2.19.4 No tender may be withdrawn in the interval between the deadline for

submission of tenders and the expiration of the period of tender

validity specified by the tenderer on the Tender Form. Withdrawal of

a tender during this interval may result in the Tenderer’s forfeiture of

its tender security, pursuant to paragraph 2.14.7

2.20 Opening of Tenders

2.20.1 The EPZA will open all tenders in the presence of tenderers’

representatives who choose to attend, at (the time and date given in

the advertisement notice) and in the following location.

The tenderers’ representatives who are present shall sign a tender

opening register evidencing their attendance.

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2.20.2 The tenderers’ names, tender modifications or withdrawals, tender

prices, discounts and the presence or absence of requisite tender

security and such other details as the EPZA, at its discretion, may

consider appropriate, will be announced at the opening.

2.20.3 EPZA will prepare minutes of the tender opening.

2.21 Clarification of Tenders

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

EPZA may, at its discretion, ask the tenderer for a clarification of its

tender. The request for clarification and the response shall be in

writing, and no change in the prices or substance of the tender shall be

sought, offered, or permitted.

2.21.2 Any effort by the tenderer to influence EPZA in the tender evaluation,

tender comparison or contract award decisions may result in the

rejection of the tenderers’ tender.

2.22 Preliminary Examination and Responsiveness

2.22.1 EPZA will examine the tenders to determine whether they are

complete, whether any computational errors have been made, whether

required sureties have been furnished, whether the documents have

been properly signed, and whether the tenders are generally in order.

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

a discrepancy between the unit price and the total price that is

obtained by multiplying the unit price and quantity, the unit price shall

prevail, and the total price shall be corrected. If the candidate does

not accept the correction of the errors, its tender will be rejected, and

its tender security may be forfeited. If there is a discrepancy between

words and figures the amount in words will prevail

2.22.3 EPZA may waive any minor informality or non-conformity or

irregularity in a tender which does not constitute a material deviation,

provided such waiver does not prejudice or effect the relative ranking

of any tenderer.

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2.22.4 Prior to the detailed evaluation, pursuant to paragraph 2.23 EPZA will

determine the substantial responsiveness of each tender to the tender

documents. For purposes of these paragraphs, a substantially

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

conditions of the tender documents without material deviations.

EPZA’s determination of a tender’s responsiveness is to be based on

the contents of the tender itself without recourse to extrinsic evidence.

2.22.5 If a tender is not substantially responsive, it will be rejected by EPZA

and may not subsequently be made responsive by the tenderer by

correction of the non conformity.

2.23 Conversion to Single Currency

Not applicable

2.24 Evaluation and Comparison of Tenders

2.24.1 EPZA will evaluate and compare the tenders which have been

determined to be substantially responsive, pursuant to paragraph 2.22

2.24.2 EPZA’s evaluation of a tender will exclude and not take into account

(a) in the case of equipment manufactured in Kenya or equipment

of foreign origin already located in Kenya, sales and other

similar taxes, which will be payable on the goods if a contract is

awarded to the tenderer; and

(b) Any allowance for price adjustment during the period of

execution of the contract, if provided in the tender.

2.24.3 The comparison shall be of the ex-factory/ex-warehouse/off-the-shelf

price of the goods offered from within Kenya, such price to include all

costs, as well as duties and taxes paid or payable on components and

raw material incorporated or to be incorporated in the goods.

2.24.4 EPZA’s evaluation of a tender will take into account, in addition to

the tender price and the price of incidental services, the following

factors, in the manner and to the extent indicated in paragraph 2.23.5

and in the technical specifications:

(a) delivery and installation schedule offered in the tender;

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(b) deviations in payment schedule from the specifications in the

Special Conditions of Contract;

(c) the cost of components, mandatory spare parts and service;

(d) the availability in Kenya of spare parts and after-sales service for

the equipment offered in the tender;

2.24.5 The tender evaluation committee shall evaluate the tender within 30

days of the validity period from the date of opening the tender.

2.25 Contacting EPZA

2.25.1 Subject to paragraph 2.21 no tenderer shall contact EPZA on any

matter related to its tender, from the time of the tender opening to the

time the contract is awarded.

2.25.2 Any effort by a tenderer to influence EPZA in its decisions on tender,

evaluation, tender comparison, or contract award may result in the

rejection of the Tenderer’s tender.

2.26 Award of Contract

(a) Post-Qualification

2.26.1 In the absence of pre-qualification EPZA will determine to its

satisfaction whether the tenderer that is selected as having submitted

the lowest evaluated responsive tender is qualified to perform the

contract satisfactorily.

2.26.2 The determination will take into account the tenderer financial,

technical, and production capabilities. It will be based upon an

examination of the documentary evidence of the tenderers

qualifications submitted by the tenderer, pursuant to paragraph 2.12.3

as well as such other information as EPZA deems necessary and

appropriate.

2.26.3 An affirmative determination will be a prerequisite for award of the

contract to the tenderer. A negative determination will result in

rejection of the Tenderer’s tender, in which event the EPZA will

proceed to the next lowest evaluated tender to make a similar

determination of that Tenderer’s capabilities to perform satisfactorily.

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(b) Award Criteria

2.26.4 EPZA will award the contract to the successful tenderer(s) whose

tender has been determined to be substantially responsive and has

been determined to be the lowest evaluated tender, provided further

that the tenderer is determined to be qualified to perform the contract

satisfactorily.

2.26.5 To qualify for contract awards, the tenderer shall have the following:

a) Necessary qualifications, capability experience, services,

equipment and facilities to provide what is being

procured.

b) Legal capacity to enter into a contract for procurement

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 to the foregoing.

d) Shall not be debarred from participating in public

procurement.

(c) EPZA’s Right to Accept or Reject Any or All Tenders

2.26.6 EPZA reserves the right to accept or reject any tender, and to annul

the tendering process and reject all tenders at any time prior to contract

award, without thereby incurring any liability to the affected tenderer or

tenderer of the grounds for the EPZA’s action

2.26.7 EPZA may at any time terminate procurement proceedings before

contract award and shall not be liable to any person for the

termination

2.26.8 EPZA shall give prompt notice of the termination to the tenderers and

on request give its reasons for termination within 14 days of receiving

the request from any tenderer.

2.26.9 A tenderer who gives false information in the tender document about

is qualification or who refuses to enter into a contract after

notification of contract award shall be considered for debarment from

participating in future public procurement.

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2.27 Notification of Award

2.27.1 Prior to the expiration of the period of tender validity, EPZA will

notify the successful tenderer in writing that its tender has been

accepted.

2.27.2 The notification of award will signify the formation of the Contract

but will have to wait until the contract is finally signed by both

parties. Simultaneous other tenderers shall be notified that their

tenders have not been successful.

2.27.3 Upon the successful Tenderer’s furnishing of the performance security

pursuant to paragraph 2.29, EPZA will simultaneously inform the

other tenderers that this tenders have not been successful

2.28 Signing of Contract

2.28.1 At the same time as the EPZA notifies the successful tenderer that its

tender has been accepted, the EPZA will simultaneously inform the

other tenderers that their tenders have not been successful.

2.28.2 Within fourteen (14) days of receipt of the Contract Form, the

successful tenderer shall sign and date the contract and return it to the

EPZA.

2.28.3 The parties to the contract shall have it signed within 30 days from the

date of notification of contract award unless there is an administrative

review request.

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2.29 Performance Security

2.29.1 Within Thirty (30)days of the receipt of notification of award from

EPZA, the successful tenderer shall furnish the performance security

in accordance with the Conditions of Contract, in the Performance

Security Form provided in the tender documents, or in another form

acceptable to the EPZA.

2.29.2 Failure of the successful tenderer to comply with the requirements of

paragraph 2.28 or paragraph 2.29 shall constitute sufficient grounds

for the annulment of the award and forfeiture of the tender security, in

which event EPZA may make the award to the next lowest evaluated

Candidate or call for new tenders.

2.30 Corrupt or Fraudulent Practices

2.30.1 EPZA requires that tenderers observe the highest standard of ethics

during the procurement process and execution of contracts. A tenderer

shall sign a declaration that he has and will not be involved in corrupt

or fraudulent practices.

3.30.2 EPZA will reject a proposal for award if it determines that the

tenderer recommended for award has engaged in corrupt or fraudulent

practices in competing for the contract in question.

3.30.3 Further a tenderer who is found to have indulged in corrupt or

fraudulent practices risks being debarred from participating in public

Procurement in Kenya.

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APPENDIX TO INSTRUCTIONS TO TENDERERS

The following information regarding the particulars of the tender shall

complement supplement or amend the 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 shall prevail over those of the instructions to

tenderers.

INSTRUCTIONS TO

TENDERERS REFERENCE

PARTICULARS OF APPENDIX

TO INSTRUCTIONS TO

TENDERS

2.1.1 This is a national tender

2.14.1 The amount of tender security is 2%

of the total tender price inclusive of

VAT

2.18.1 23rd

December 2014 at 11.00am

local time

2.20.1 As in 2.18.1 above

2.29.1 The amount of performance

guarantee is 10% of the contract

price

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SECTION III: GENERAL CONDITIONS OF CONTRACT

Table of Clauses

Page

3.1 Definitions…………………………………………….. 25

3.2 Application……………………………………………. 25

3.3 Country of Origin…………………………………….. 25

3.4 Standards……………………………………………… 26

3.5 Use of Contract Documents and Information…………… 26

3.6 Patent Rights……………………………………………. 26

3.7 Performance Security…………………………………… 26

3.8 Inspection and Tests……………………………………. 27

3.9 Packing…………………………………………………. 28

3.10 Delivery and Documents……………………………… 28

3.11 Insurance ………………………………………………… 28

3.12 Payment…………………………………………………. 28

3.13 Price…………………………………………………….. 29

3.14 Assignments……………………………………………. 29

3.15 Sub contracts………………………………………….. 29

3.16 Termination for Default………………………………….. 29

3.17 Liquidated Damages…………………………………….. 30

3.18 Resolution of Disputes………………………………….. 30

3.19 Language and law………………………………………. 30

3.20 Force Majeure ………………………………………….. 30

3.21 Notices ………………………………………………… 30

20

SECTION III - GENERAL CONDITIONS OF CONTRACT

3.1 Definitions

3.1.1 In this Contract, the following terms shall be interpreted as indicated:-

(a) “The Contract” means the agreement entered into between the

EPZA and the tenderer, as recorded in the Contract Form signed by

the parties, including all attachments and appendices thereto and

all documents incorporated by reference therein.

(b) “The Contract Price” means the price payable to the tenderer under

the Contract for the full and proper performance of its contractual

obligations

(c) “The Goods” means all of the equipment, machinery, and/or other

materials, which the tenderer is required to supply to the EPZA

under the Contract.

(d) “The EPZA” means the organization purchasing the Goods under

this Contract.

(e) “The Tenderer’ means the individual or firm supplying the Goods

under this Contract.

3.2 Application

3.2.1 These General Conditions shall apply in all Contracts made by the

EPZA for the procurement installation and commissioning of

equipment to the extent that they are not superseded by provisions of

other part of contract.

3.3 Country of Origin

3.3.1 For purposes of this clause, “Origin” means the place where the

Goods were mined, grown or produced.

3.3.2 The origin of Goods and Services is distinct from the nationality of

the tenderer and will be treated thus in the evaluation of the tender.

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3.4 Standards

3.4.1 The Goods supplied under this Contract shall conform to the standards

mentioned in the Technical Specifications.

3.5 Use of Contract Documents and Information

3.5.1 The Candidate shall not, without the EPZA’s prior written consent,

disclose the Contract, or any provision therefore, or any specification,

plan, drawing, pattern, sample, or information furnished by or on

behalf of the EPZA in connection therewith, to any person other than

a person employed by the tenderer in the performance of the Contract.

3.5.2 The tenderer shall not, without the EPZA’s prior written consent,

make use of any document or information enumerated in paragraph

3.5.1 above

3.5.3 Any document, other than the Contract itself, enumerated in

paragraph 3.5.1 shall remain the property of the EPZA and shall be

returned (all copies) to the EPZA on completion of the Tenderer’s

performance under the Contract if so required by the EPZA

3.6 Patent Rights

3.6.1 The tenderer shall indemnify the EPZA against all third-party claims

of infringement of patent, trademark, or industrial design rights

arising from use of the Goods or any part thereof in the EPZA’s

country

3.7 Performance Security

3.7.1 Within twenty eight (28) days of receipt of the notification of Contract

award, the successful tenderer shall furnish to the EPZA the

performance security where applicable in the amount specified in

Special Conditions of Contract.

3.7.2 The proceeds of the performance security shall be payable to the

EPZA as compensation for any loss resulting from the Tenderer’s

failure to complete its obligations under the Contract.

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3.7.3 The performance security shall be denominated in the currency of the

contract, or in a freely convertible currency acceptable to the EPZA

and shall be in the form of

a) Cash

b) Bank guarantee

c) Such insurance guarantee approved by the Authority

d) Letter of credit

3.7.4 The performance security will be discharged by the EPZA and

returned to the Candidate not late than thirty (30) days following the

date of completion of the Tenderer’s performance obligations under

the Contract, including any warranty obligations, under the Contract

3.8 Inspection and Tests

3.8.1 The EPZA or its representative shall have the right to inspect and/or to

test the equipment to confirm their conformity to the Contract

specifications. The EPZA shall notify the tenderer in writing in a

timely manner, of the identity of any representatives retained for these

purposes.

3.8.2 The inspections and tests may be conducted in the premises of the

tenderer. All reasonable facilities and assistance, including access to

drawings and production data, shall be furnished to the inspectors at

no charge to the EPZA.

3.8.3 Should any inspected or tested equipment fail to conform to the

Specifications, the EPZA may reject the equipment, and the tenderer

shall either replace the rejected equipment or make alterations

necessary to make specification requirements free of costs to the

EPZA.

3.8.4 The EPZA’s right to inspect test and where necessary, reject the

equipment after the equipment arrival and installation shall in no way

be limited or waived by reason of the equipment having previously

been inspected, tested and passed by the EPZA or its representative

prior to the equipment delivery.

3.8.5 Nothing in paragraph 3.8 shall in any way release the tenderer from

any warranty or other obligations under this Contract.

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3.9 Packing

3.9.1 The tenderer shall provide such packing and packaging of the

equipment as is required to prevent their damage or deterioration

during transit to their final destination, as indicated in the Contract.

3.9.2 The packing, marking, and documentation within and outside the

packages shall comply strictly with such special requirements as shall

be expressly provided for in the Contract

3.10 Delivery and Documents

3.10.1 Delivery of the equipment, documents and installation of the same

shall be made by the tenderer in accordance with the terms specified

by EPZA in its Schedule of Requirements and the Special Conditions

of Contract

3.11 Insurance

3.11.1 The equipment supplied under the Contract shall be fully insured

against loss or damage incidental to manufacturer or acquisition,

transportation, storage, and delivery in the manner specified in the

Special conditions of contract.

3.12 Payment

3.12.1 The method and conditions of payment to be made to the tenderer

under this Contract shall be specified in Special Conditions of

Contract

3.12.2 Payments shall be made promptly by the EPZA as specified in the

contract

3.13 Prices

3.13.1 Prices charged by the tenderer for equipment delivered and

installation performed under the Contract shall not, with the

exception of any price adjustments authorized in Special Conditions

of Contract, vary from the prices by the tenderer in its tender.

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3.13.2 Contract price variations shall not be allowed for contracts not

exceeding one year (12 months)

3.13.3 Where contract price variation is allowed, the variation shall not

exceed 10% of the original contract price.

3.13.4 Price variation requests shall be processed by the EPZA within 30

days of receiving the request.

3.14. Assignment

The tenderer shall not assign, in whole or in part, its obligations to perform

under this Contract, except with the EPZA’s prior written consent

3.15. Subcontracts

3.15.1 The tenderer shall notify the EPZA in writing of all subcontracts

awarded under this Contract if not already specified in the tender.

Such notification, in the original tender or later, shall not relieve the

tenderer from any liability or obligation under the Contract

3.16. Termination for Default

3.16.1 The EPZA may, without prejudice to any other remedy for breach of

Contract, by written notice of default sent to the tenderer, terminate

this Contract in whole or in part

(a) if the tenderer fails to deliver any or all of the equipment

within the period9s) specified in the Contract, or within any

extension thereof granted by the EPZA

(b) if the tenderer fails to perform any other obligation(s) under

the Contract

(c) if the tenderer, in the judgment of the EPZA has engaged in

corrupt or fraudulent practices in competing for or in

executing the Contract

3.16.2 In the event the EPZA terminates the Contract in whole or in part, it

may procure, upon such terms and in such manner as it deems

appropriate, equipment similar to those undelivered, and the tenderer

shall be liable to the EPZA for any excess costs for such similar

equipment.

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3.17. Termination for convenience

3.18. Liquidated Damages

3.18.1 If the tenderer fails to deliver and/or install any or all of the items

within the period(s) specified in the contract, the EPZA shall, without

prejudice to its other remedies under the contract, deduct from the

contract prices liquidated damages sum equivalent to 0.5% of the

delivered price of the delayed items up to a maximum deduction of

10% of the delayed goods. After this the tenderer may consider

termination of the contract.

3.19. Resolution of Disputes

3.19.1 The EPZA and the tenderer shall make every effort to resolve

amicably by direct informal negotiation any disagreement or dispute

arising between them under or in connection with the contract

3.19.2 If, after thirty (30) days from the commencement of such informal

negotiations both parties have been unable to resolve amicably a

contract dispute, either party may require that the dispute be referred

for resolution to the formal mechanisms specified in the SCC.

3.20. Language and Law

3.20.1 The language of the contract and the law governing the contract shall

be English language and the Laws of Kenya respectively unless

otherwise specified in the SCC

3.21. Force Majeure

3.21.1 The Tenderer shall not be liable for forfeiture of its performance

security or termination for default if and to the extent that it’s delay

in performance or other failure to perform its obligations under the

Contract is the result of an event of Force Majeure.

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3.22 Notices

3.22.1 Any notice given by one party to the other pursuant to this contract

shall be sent to other party by post or by fax or Email and confirmed

in writing to the other party’s address specified.

3.22.2 A notice shall be effective when delivered or on the notices effective

date, whichever is later.

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SECTION IV - SPECIAL CONDITIONS OF CONTRACT

4.1 Special Conditions of Contract shall supplement the General

Conditions of Contract. Whenever there is a conflict, between the

GCC and the SCC, the provisions of the SCC herein shall prevail over

these in the GCC.

4.2 Special conditions of contract as relates to the GCC

CONDITIONS OF CONTRACT AMOUNT

Tender Security (Bank Guarantee

only)

2.0% of Tender Sum in the

form of on demand Bank

Guarantee from a

reputable bank located in

Kenya

Amount of Performance Security

(Unconditional Bank Guarantee)

10% of Tender Sum in the

form of Unconditional

Bank Guarantee.

recognized Insurance

Company

Program to be submitted Not later than 14 days after

issuance of Order to

Commence

Cash flow estimate to be submitted Not later than 14 days after

issuance of Order to

Commence

Minimum amount of Third Party

Insurance

KSh. 1000,000 at any

occurrence with the

number of occurrences

unlimited

Period for commencement, from the

Engineer’s order to commence

14 days

Time for completion …………………………

Amount of liquidated damages KSh 10,000 per day

Limit of liquidated damages 10% of Contract Value

Defect Liability period 6 Months

Percentage of Retention 10% of Interim Payment

Certificate

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Limit of Retention Money 10% of Contract Price

Minimum amount of interim

certificates

Kshs 2,000,000.00

Time within which payment to be

made after Interim Payment

Certificate signed by Engineer

28 days

Time within which payment to be

made after Final Payment

Certificate signed by Engineer

60 days

Appointer of Arbitrator Chairman, Institution of

Engineers of Kenya

Notice to Employer and Engineer The Employer’s address is:

The Chief Executive,

Export Processing Zones

Authority,

P.O. Box 50563-00200

NAIROBI

The Engineer’s address is:

EPZA Engineer,

P.O. Box 50563 - 00200

NAIROBI

29

STAGE ONE – PRELIMINARY EVALUATION

(i) 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 as per the advertisement and

tender instructions;

(b) any tender security submitted is in the required form, amount and validity period (150

days);

(c) the tender has been signed by the person lawfully authorized to do so (signed and

stamped form of tender);

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

advertisement and tender instructions;

(e) the tender is valid for the period required;

(ii) Mandatory / Statutory requirements

1. Certificate of Company / Firm Registration

2. List of Directors with respective shareholding & details of citizenship

3. Valid TAX Compliance Certificate

4. Audited Accounts for the last three years (i.e. within 2011 & 2014)

5. Registration certificate from the National Construction Authority (Category 7 and

above as a water contractor)

6. Registration by Ministry of Water and Irrigation for Borehole Drilling,

Equipping and Servicing. ( Class D and above) 7. Bid Bond of 2 % of the total bid price (inclusive of VAT) in form of a bank guarantee

from a reputable bank located in Kenya valid for 150 days from the closing date of

the Tender

8. Signed Certificate of Tenderers Pre-Site Visit

9. Proof of Payment (Attach copy of payment receipt)

10. Power of attorney (of Tender signatory) in case of a joint venture.

11. Signed and Stamped Statement of Verification that not debarred in matters of Public

Procurement and Disposal Act

Tenders which do not satisfy any of the above requirements shall be rejected.

STAGE TWO – TECHNICAL REQUIREMENTS (MAXIMUM 100

POINTS) (Use the format given to present the required information and where relevant documentary

evidence must be provided)

A. DOCUMENTS FULLY COMPLETED AND COMPLIANCE WITH

PRICING INSTRUCTIONS (3 POINTS)

Signed and filled Statement of Compliance (1 points)

30

No signed and filled statement of compliance (0 points)

Signed and filled Tender Questionnaire (1 points)

No signed and filled Tender Questionnaire (0 points)

Signed and filled Confidential Business Questionnaire (1 points)

No signed and filled Confidential Business Questionnaire (0 points)

B. PERSONNEL (20 POINTS)

Project Manager to have at least a Degree in Civil Engineering field with seven (7)

years experience or Diploma in Civil Engineering field with 10 years experience in

the proposed position or works of a similar nature. (10 Points)

Academic Qualification (4 points) & Experience for the Period Indicated (4

Points)

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

rate)

Less Qualifications than stated above (0 Points)

Detailed curriculum vitae of the Project Manager certified by employee and bidding

company to be attached (2 Points)

Submission of detailed C.V signed by both employee and bidding company (2

Points)

CV attached not signed by both employee and bidding company (1 Points)

No attached C.V (0 points)

Supervisor to have at least Diploma in Civil Engineering with 5 years experience or

trade test Certificate in Civil Engineering field with 7 years experience in the

proposed position or works of a similar nature. (10 Points)

Academic Qualification (4 points) & Experience for the Period Indicated (4

Points)

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

rate)

Less Qualifications than stated above (0 Points)

Detailed curriculum vitae of the Supervisor certified by employee and bidding

company to be attached (2 Points)

Submission of detailed C.V signed by both employee and bidding company (2

Points)

CV attached not signed by both employee and bidding company (1 Points)

No attached C.V (0 points)

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C RELEVANT EXPERIENCE (25 POINTS)

Details of experience and past performance on at least five projects in works of a

similar nature within the past five years (2009 – 2014) each with value of not less

than Kshs Five Million (Kshs 5,000,000) including current contracts, names of

clients/firms, clear physical address and contact persons. (Attach award letters, Local

Purchase / Orders, signed contracts or completion certificates as evidence / proof of

contract) (25 Points)

Details of projects to include the following (5 Points for each client)

i) Name of project – (1 Point)

ii) Address of project- (1 Point)

iii) Contact persons- (1 Point)

iv) Their values (Kshs 5,000,000 and above) – (1 Points) below Kshs 5,000,000 (0 points)

v) Proof of such contracts (Attach award letters, LPO’s, LSO’s, signed contracts or

completion certificates) – (1 Points)

Less number of clients– (Pro-rate)

If no award letters/completion certificates are attached – (0 Points for the entire

project)

D MACHINERY & EQUIPMENT (10 POINTS)

Major items of Contractor’s Equipment proposed for carrying out the Works including but

not limited to the listed items;- Drilling equipment, plumbing equipment, Electrical

Equipment, transportation vehicles etc

a) Availability of the equipments as listed – (5 Points)

b) State if equipment is owned or leased. – (3 Points)

c) No proof of ownership – (0 Points)

d) Attach a firm commitment letter of authority for inspection of the items by EPZA at any time

– (2 points)

E BUSINESS SUPPORT (15 POINTS)

a) Access to lines of credit or other financial resources – attach a firm commitment letter

on the same from a reputable financial institution - (5 points)

b) Proof of Financial stability (liquidity ratio; 2:1) (2 Points)

c) Indicate appointed bankers showing the name, address, contact person and address of

bidders bankers – (2 point)

d) Letter of authority from the bidder authorizing EPZA to seek reference from the

bankers – (3 points)

e) Bank statements for the last six months (May 2014 to October 2014) – (3 points)

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F REFERENCE LETTERS (15 POINTS)

At least five (5) letters of recommendation from referees – (3 points per letter)

Five (5) letters – (15 Points)

Less than five (5) letters – (pro rate)

Please note that LPO’s or award letters shall not be treated as reference letters. Proper

recommendation from satisfied clients for work performed or services provided shall be

required.

G LITIGATION HISTORY – (2 Points)

Filled litigation history - (2 points)

Not Filled (0 points)

H. COMPLETION PERIOD AND WORK PROGRAMME – (10 Points)

Shortest Completion Period and work programme but within Engineers estimated

completion time (10 Points)

Pro –rate for others

(CUT OFF – 70 POINTS OUT OF 100 TO QUALIFY FOR FINANCIAL EVALUATION)

5.3 Part III – Financial Evaluation. These are mandatory

requirements.

5.3.1 This will include the following: -

b) Confirmation of and considering Bill of Quantities duly

completed and signed.

5.3.2 Correction of arithmetical errors,

5.3.3 Taking into account the cost of any deviation(s) from the tender requirements,

5.3.4 Ascertaining the financial capability through Last Financial Year’s audited

financial statements.

5.3.5 Considering information submitted in the Confidential Business Questionnaire

against other information in the bid including:-

a) Declared maximum value of business

b) Shareholding and citizenship for preferences where applicable.

*NOTES: -

1. Total tender value means the Tenderer’s total tender price inclusive of Value

Added Tax (V.A.T) for the goods it offers to supply.

3. For companies or firms that are registered or incorporated within the last one

calendar year of the Date of the Tender Document, they should submit certified

33

copies of bank statements covering a period of at least six months prior to the date

of the tender document. The copies should be certified by the Bank issuing the

statements. The certification should be original.

4.11 Pursuant to paragraph 13.1, the following evaluation method will be

applied to determine winning tenderer’s capability to implement a project of

this magnitude:

a) Construction Period

The Employer requires that the works shall be carried out as

specified in the construction program. Tenderers giving unrealistic

programs will be treated as non-responsive. The construction

program for execution and completion of the works within the

period offered in the tender shall indicate the principal construction

activities.

b) Previous Experience

The Employer requires that the tenderer submits a list of projects

of similar magnitude completed in Kenya in the last five years.

Tenderer to attach completion certificates on the letterhead of the

clients signed by a senior officer, as documentary evidence. The

contact telephone for the signing officer must be indicated for

purposes of authenticating the information provided.

c) List of Construction Plant and Equipment

The Employer requires that the tenderer submit a list of

construction plant and equipment owned by the tenderer.

d) Registration with the National Construction Authority

The Employer requires that the tenderer should be registered with

the National Construction Authority.

e) Particulars of Staff

The tenderer shall submit particulars of the supervisors he would

employ on the works giving details of their qualifications and

experience and state whether or not they would be employed

exclusively on the works.

f) Site visit certificate

The tenderer must visit site and assess the extent of work involved,

before submitting the tender.

34

35

SECTION VI – TECHNICAL SPECIFICATIONS

TERMS OF REFERENCE FOR DRILLING A BOREHOLE AT THE PONDS

1. GENERAL

Export Processing Zones Authority (EPZA) is planning to utilize part of its development budget in drilling a borehole at the wastewater treatment plant located at Kinanie.

Hydro-geological survey has not been carried out to identify the drilling site.

EPZA is seeking for a contractor to carry out geological survey, apply for a drilling permit (on behalf of EPZA), carry out the drilling work and provide the proper tools, machinery, materials and labor for construction of the borehole, its development, pump testing, wellhead cover and apron constructions and drainage channel constructions as per specifications.

2. DRILLING SITES.

The prospective tenderers will be required to visit site and familiarize themselves. The contractor will clear all debris of any kind, and leave the site, as far as is possible, in the original condition, once the work has been finished, the borehole developed and test-pumping done.

3. SCOPE OF THE WORKS

3.1. DRILLING

Borehole drilling and construction will be supervised by the EPZA Engineer in partnership with Ministry of public work’s personnel. The contractor is to ensure that borehole logs are collected properly at 2m intervals as required by the law.

36

3.2. DRILLING METHODOLOGY

The rig to be deployed must be capable of drilling to at least a depth of 25% beyond the anticipated final depth at the final required diameter. Temporary casing may be installed in the borehole to prevent formation heave, collapse or sloughing.

The depth of the borehole is expected to between 75-150m and if the actual depth of the borehole being drilled justifies any additional depth in the specification, the contractor will request the authorization of EPZA for such changes to be made.

The Contractor will be required to state the specifications of the drilling equipment and casing materials that will be used.

The communications will be made in writing and shall be properly recorded

by EPZA. The boreholes may be drilled by any of the following drilling methods The Contractor is obliged to make exclusive use of the rotary drilling or air hammer technique. Percussion drilling shall not be accepted. The Contractor shall submit a detailed account of his proposed drilling method, additives etc. for approval by EPZA.

3.3. BOREHOLE CONSTRUCTION

The borehole should be drilled at a diameter of 225mm from 0m to a maximum depth of 100m. The casings to be used are of 152mm in diameter.

Construction of the borehole will be undertaken in accordance with accepted practices.

As per the law requirements it is the duty of the contractor to inform the regional Ministry of Water and Irrigation’s office in time as to when the commencement of the drilling will be, for the ministry to organize for supervision.

Fluid additives of bentonitic type will not be accepted for use in this works: instead either cellulose based reconstitution powder, or liquid polymeric additives will be required for viscosity enhancement. The contractor will be required to state the type of polymer to be used, and describe the means by which the selected fluid additive will be mixed.

37

3.4. Information concerning the borehole

The contractor will supply a detailed borehole geo-log data, in which all the relevant information and drilling velocity, well casing and other well construction operations will be recorded. The contractor will also annotate all information pertaining to the appearance of water filtrations and aquifer, types of rock found and sampling details.

The contractor will be required to complete the log forms for the borehole. The contractor will collect 2 litres sample in a clean plastic bottle from the

borehole for reference to a competent Water Testing Authority or recognized Water Testing Laboratory for full physical, chemical and bacteriological analysis of the water to ascertain its suitability for human consumption.

The contractor will provide the Borehole Completion Record Certificate immediately upon completion of the drilling work. The Borehole Completion Record will also be accompanied by Water quality certificates capturing bacteriological, chemical and physical water qualities.

3.5. Casings and diameters

The drilling of the borehole will be carried out according to the characteristics

specified in this ToR and appendix of the specifications (BoQ), using the proper drilling tools, drive pipes, casing pipes with centralizers to ensure that the casing string is central within the hole, gravel packs and sanitary protection (seals) should isolate the aquifers from other formations, which are considered improper for the exploitation of wholesome water.

The borehole designs will be authorized by the representative of the regional WASREB and ministry of water before the casing and screens are introduced

into the borehole.

The contractor will supply all casings and screens of 152mm diameter including plain casing and screens.

The contractor will also provide outer permanent casings 225mm diameter stainless steel plain casing.

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3.6. Verticality

The Contractor will conduct a verticality test during and after drilling by approved methods to demonstrate that the departure from the vertical does not exceed 3 in 100 between ground level and the base of the borehole. If this departure is exceeded, the Contractor shall make the necessary corrections to the approval of EPZA, without additional payment. If the error cannot be corrected, then drilling shall cease and a new borehole be drilled at a position nearby, indicated by EPZA. The abandoned boreholes shall be backfilled and/or capped by methods approved by EPZA. No payment will be made for the drilling and the sealing of abandoned boreholes, or for moving to the new site.

3.7. Supply and Installation of Pumping equipment

The contractor will be required to supply and install a submergible pump as per specifications in the bills of quantities, including all necessary fittings. 4. DEVELOPMENTS AND TEST PUMPING

4.1. Development

In addition to the cleaning and development of the well before casing installation, the well will be developed continually during filter gravel packing. Washed and well-rounded river gravel, of diameter range 2 – 4 mm will be packed between the annular space of the casing and the well from the bottom until 6m below the ground surface. The gravel shall be inserted into the borehole by hand using a shovel in order to protect the borehole wall from damage. After packing is complete, the well will be developed by air-lifting, alternating continuous and surging. During well development, the position of the air outlet (bottom of the drill pipe if drilling apparatus is used for air-lifting) shall be in the blind casing below the lowest screen casing and the CONTRACTOR shall ensure that the casing string is adequately supported at the top if necessary and is not damaged. Any casing and/or screen damage during installation and well development shall be the responsibility of the CONTRACTOR, who shall make the necessary corrections/repairs without additional cost to the IRC. When well development is completed, the gravel packing will be topped up if it is found settling below the required depth.

39

Development will be considered complete only when less than 15 ppm of suspended solids remains in the water. It is recommended that flushing be done for a minimum of 10hours.

4.2. Test Pumping

The Contractor shall perform test pumping to establish well performance and yield of the borehole. Standard test pumping will consist of a 4-hour step-drawdown test, followed by a constant discharge test for a period of 24 hours, which might be extended at the discretion of EPZA if the water level has not stabilized after the 24 hours. The Contractor shall provide a suitable means of achieving the rate of flows specified. Before testing, the boreholes will be subject to a short term test (calibration) to establish the approximate yield/drawdown properties and to decide upon pumping rates for step-drawdown or continuous yield tests. Sufficient time shall be allowed for the recovery of water level in the boreholes between each type of test. This shall be at the discretion of EPZA. Discharge measurements shall be made by using a flow meter or an otherwise approved calibrated measuring device. During the test pumping, the discharge water must be handled and disposed off in an appropriate manner to a point of overland drainage sufficiently far from the well to prevent recharge. The water shall be diverted over a distance of at least 100m from the wellhead. During all testing operations, once the flow rate has been determined and preliminary adjustments made, the measured discharge rate shall be maintained within five (5) % of the required rate for the duration of the test. Persistent fluctuations beyond this tolerance will require abortion of the test, for which payment shall not be made. Any test which is aborted due to the reasons above shall be repeated after recovery of the water level. No payment shall be made for aborted tests or for standby time during water level recovery after aborted tests.

4.3. Other specification

The contractor will evacuate all pumped water in such a way that no impoundments are produced at distances less than 200 metres from the borehole. The contractor will provide all necessary elements for this purpose which include provision of all necessary implements and pumping equipment i.e.

40

weirs, pipes, gauges etc for the proper measurement of discharge rates and water levels and disposal of extracts.

4.4. Well plumpness and alignment

4.4.1. Tests

The borehole should be tested for plumpness and alignment by means of a 12 metre long, and perfectly straight, steel pipe that should be introduced along the whole borehole. The external diameter of this should, at most, be 13 mm less than the well casing inside diameter. This pipe will be supplied by the contractor.

4.4.2. Minimum Requirements

Such a test pipe, as described above should easily move through the whole borehole. The loss of plumpness of the well’s axis should never be more than 2/3 of the smaller inside diameter of the casing. If these minimum requirements are not met by the well, the contractor will be required to correct the defects, otherwise EPZA will reject the borehole and no payments will be made for its drilling and completion. This test should normally be done before pump testing the well in the presence of the agent appointed by EPZA or the Ministry’s authorized staff.

4.5. Protection of water quality, disinfections and sampling

4.5.1. Borehole Protection

The contractor will take maximum care to avoid the physical, chemical or bacteriological contamination of the borehole water, during the construction and after construction operations. In any case, where water is polluted due to the contractors neglect, he will be obliged to carry out all the necessary operations, at his own cost, in order to rectify such pollution of the borehole.

4.5.2. Well sterilization

Once the well has been completed and tested, the contractor will sterilize the well with a chlorine solution yielding at least 50 mg/litre of active chlorine in the

41

borehole. The chlorine solution may be prepared for this purpose, by dissolving Calcium Hypo-chlorite, sodium Hypochlorite or gaseous Chlorine in water. The chlorine solution should stay in the well for at least four hours, at the specified concentration.

4.5.3. Samples

• The contractor will keep a complete record of the samples taken from the cuttings during the drilling operation, in properly packed and identified sample bags, and all will be made available to EPZA upon request or upon request from the Ministry of Water and Irrigation’s office. • The contractor will take at least one sample every two meters of drilling, unless a change in formation is encountered by the driller. In such cases, additional samples should be taken. The minimum weight of each sample should be 100grams. • For each rock sample that has not been taken the contractor will be fined a penalty amounting to 1 per cent of the total value of the well and this will be deducted from the final payment. If the total amount of samples not taken is more than 15% of the specified number, the well should be started again and EPZA will not make any payments for this additional work.

4.5.4. Water samples

The contractor will take two (2) litre samples for laboratory analysis, after completion of test pumping. One sample will be used for each of these tests; bacteriological, physical and chemical analysis, which should be collected in clean, sterilized properly sealed and protected plastic containers. The samples so collected should reach the authorized Water Testing Laboratories, within six hours from the time of collection from the borehole.

4.5.5. Particle Content in Pumped Water

The water drawn out of the well will be acceptable if it has a sand particle content of less than 5 milligrams per cubic metre. In case this allowed maximum limit is not met, the contractor will make all necessary adjustments to the well structure, at his own expense, in order to meet these specifications.

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4.6. Finishing Works

4.6.1. Temporary Lid

The contractor will pay close attention to the due protection of the mouth of the borehole against the entrance of water or any other pollutants while drilling or after the completion of the borehole. For this purpose, the contractor will provide a lid to be placed on the mouth of the well at any time the drilling rig is not in operation. This lid will be welded into place after the drilling has been completed.

4.6.2. Gravel Packs

A well-graded pack will be placed in the annular space between the borehole wall and the outer surface of the casing. Proper techniques should be used for the accurate placing of this pack to ensure its even placement. The gravel to be used should be clean, well rounded and the grains should be hard, of alluvial origin, and a size between 2mm and 4mm diameter.

4.6.3. Sanitary Protection Seal

After completion of the pumping test, removal of the test pumping unit and after the last water level recovery observations have been made, the level of the gravel pack will again be checked to see if there is any settlement below the required depth. If it is found below the required depth, it will be topped up to the appropriate level. Based on the actual situation, the annular space between the well and the permanent 9” casing will be cement grouted down to at least 6m from the surface in order to prevent contamination of the borehole by surface run-off water

A sanitary seal surrounding must be excavated until an adequately firm formation is reached and constructed in C25 (1:2:4) mix concrete with surface dimensions of 1 meter length, 1 meter width and 0.5 meters height. In such a case as a firm formation is not available close to the surface on which the concrete block can rest, the space around the casing up to 1.5 meters below the surface casing must be filled with C25 mix concrete block. The surface/outer permanent casing must protrude 0.25 meters above the concrete block.

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4.6.4. Construction of Well Head Cover and Apron

The Contractor shall on completion of the boreholes cap the top with a mild steel blank flange, which shall incorporate a threaded nipple of 19 mm (3/4”) diameter with cap, welded to the flange, to enable dipping access to the borehole. The blank flange shall be 400 mm above ground level and be bolted to a mild steel flange welded to a minimum of 2 m length of mild steel casing coated internally and externally with non-toxic or bitumen or epoxy coating to the approval of EPZA. This casing shall fit neatly over the borehole casing and be permanently grouted in at the time of completion of the boreholes. Prior to, during and after the construction of headworks, the Contractor must ensure that no debris whatsoever falls into the boreholes.

4.6.5. Well Disinfection

Disinfection of the borehole shall be carried out by the Contractor before demobilization from the site. This shall be done by placing a chlorine solution into the well so that a concentration of at least 50 mg/1itre of available chlorine existing in all parts of the borehole at static conditions. All the borehole surfaces above the static water level shall be completely flushed with the solution. The solution shall remain in the borehole for a minimum period of 2 hours before pumping the borehole to waste.

5. The nearest location of KPLC line for connecting power

Power will be connected to an existing three Phase line serving a factory next to the EPZA staff housing. No transformer will be required. The tenderer should allow for all cabling works to the borehole location in the rates.

6. Specifications for Control Panel House

The customer Control panel should have a plinth area of 6 square meters.

A. Walls Walls should be constructed of 200mm thick solid masonry, plastered and painted inside and keyed on the outside.

B. Floor

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The floor slab should be 150mm thick concrete slab on well compacted hardcore. The finishing to be sand cement screed smoothened and painted with red oxide paint.

C. Roof The roof shall be constructed of gauge 26 IT4 sheet on either timber or steel trusses

D. Ceiling The ceiling shall be made of chipboard on timber batterns and painted as directed.

E. Doors and Windows The external door and all windows shall be fabricated from standard steel members.

7. Specifications for Internal Casing

The Permanent casing should be of Stainless steel.

8. Specifications for the tank, piping and elevated tower

The water storage tank should be of pressed steel and have a capacity of 18,000 Litres. The elevated tower should be made from steel members to a minimum height of 3.5m. The steel member of the tower should be anchored to a concrete foundation footing. The tenderer should allow in his rates for the design and drawings for the tower and the RC footing. The tank should be at a minimum distance of 10m from the borehole. The pipework from the borehole to the tank to be 3 inch diameter, Class D UPVC pipe and from the tank to the stand pipe to be 1 ½ inch PPR.

45

SECTION VI –BILLS OF QUANTITIES

ITEM DESCRIPTION UNIT QTY RATE (kshs)

AMOUNT (kshs)

1 BILL NO. 1 CONTRACTUAL REQUIREMENTS AND PRELIMINARIES

1.1 Insurance and performance bond for the works

SUM SUM

1.2 Allow for complying with statutory and other local authority by laws, including liaison with the necessary Ministries and authorities and facilitation of supervising personnel from the Ministry

SUM SUM

1.3 Allow for Mobilization of drilling unit to site, erect at position of borehole, dismantle and demobilize on completion

SUM SUM

1.4 Allow for Mobilisation of test pumping unit, adequate for all measurements and tests. Include for erection, dismantling and demobilizing on completion.

SUM SUM

1.5 Allow for carrying out a complete Environmental Impact assessment including payments of all fees and approval by NEMA

SUM SUM

1.6 Geological Survey

SUM SUM

1.7

Application of Drilling Permit

SUM SUM

Subtotal Bill No. 1

46

2 BILL NO. 2 DRILLING, INSTALLATION, DEVELOPMENT AND TESTING

UNIT QTY RATE (kshs)

AMOUNT (kshs)

2.1

Allow for drilling for depth 0-50m M 50

2.2

Allow for drilling for depth 50 - 100m

M 50

2.3

Allow for drilling for depth 100- 150m

M 50

2.4 Provide and install steel casings, screens, gravel pack and cement

M 150

2.5

Provide and install top slabs and cap well and fill report summary

SUM SUM

2.6 Provide and install Pump & Electrical GRUNDFOS submersible pump type SP17-20 11kw 3 phase capable of delivering 20m3/hr set at 150 meters bgl. The rate to include submersible cables, electrode cable, pencil type borehole electrodes, cable splicing kits, UPVC dipper line pipes and all sundries.

NO 1

2.7 Provide and install Control panel board suitable for sensing high level and low level water in the bore hole and storage tank. Rate to include for isolator, D.O.L starter, Overload relay, indicator lamp, selector switch, start/stop button, Ammeter/Voltmeter, Auto/manual switch, M.C.B, Phase failure relay, Trip lights, all mounted in a steel whether proof meter enclosure. This should also include junction box, 35 amps switch fuse, required armoured cables, cable gland shrouds, electronic float switch, terminating blocks and Hatari tiles.

SUM SUM

TOTAL CARRIED FORWARD TO NEXT PAGE

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BILL NO. 2 Brought forward from previous page

2.8

Allow for connection of power to include facilitation from Kenya Power Authority and payments of required deposit for the meter.

SUM SUM

2.9

Allow for connecting to the storage tank. Rate to include all piping and fittings.

ITEM 1

2.10

Allow for connection to a standpipe, approx 500m away. Rate to include all excavations, piping and fittings as necessary.

ITEM 1

2.11

Developing and testing for 24 hours. Rate to include sampling, logging and water chemical analysis

ITEM 1

2.12

Allow a lump sum for the construction of control panel house maximum 6m2

ITEM 1

2.13

Allow for supply of 18m3 pressed steel storage water tank including construction of an elevated support structure (3.5m high).

ITEM 1

Subtotal Bill No. 2

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MAIN SUMMARY

TOTAL BILL NO. 1 – PRELIMINARIES AND GENERAL ITEMS

TOTAL BILL NO. 2 – DRILLING, INSTALLATION, DEVELOPMENT, TESTING

SUB TOTAL 1

ADD 10% FOR CONTINGENCY

SUB TOTAL 2

ADD 16% VAT

GRAND TOTAL FOR BOREHOLE

ADD 5% FEES TO NCA

TOTAL CARRIED TO FORM OF TENDER

COMPLETION PERIOD IN WEEKS

49

SECTION VII - STANDARD FORMS

Notes on the Standard Forms:

7.1 Form of Tender

This form must be completed by the tenderer and submitted with the tender

documents. It must also be duly signed by duly authorized representative of

the tenderer.

7.2 Confidential Business Questionnaire Form

This form must be completed by the tenderer and submitted with tender

documents

7.3 Tender Security Form

When required by the tender document the tenderer shall provide the tender

security either in the form included therein after or in another format

acceptable to EPZA.

7.4 Contract Form

The Contract form shall not be completed by the tenderer at the time of

submitting the tenderer at the time of submitting the tender. The contract

form shall be completed after contract award.

7.5 Performance Security form

The performance security form should not be completed by the tenderer at

the time of tender preparation. Only the successful tenderer will be required

to provide performance security in the sum provided herein or in another

form acceptable to the EPZA.

7.6 Bank Guarantee for Advance Payment.

When there is an agreement to have Advance payment, this form must be

duly completed.

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7.7 Manufacturer’s Authorization Form

When required by the tender document, this form must be completed and

submitted with the tender document. This form will be completed by the

manufacturer of the goods where the tender is an agent.

51

7.1 FORM OF TENDER

Date

Tender No.

To:

Gentlemen and/or Ladies:

1. Having examined the tender documents including Addenda

Nos. ………………………………. [insert numbers].the receipt of which is hereby duly

acknowledged, we, the undersigned, drill, construct and complete such works and remedy any

defects( ……………………………………………

………………………………………………………………………………………………………

(insert equipment description) in conformity with the said tender documents for the sum of

………………………………………………………….

………………………………………………………………………………………………………

……………………………………………………..(total tender amount in words and figures) or

such other sums as may be ascertained in accordance with the Schedule of Prices attached

herewith and made part of this Tender.

2. We undertake, if our Tender is accepted, to commence and complete the works in

accordance with the delivery schedule specified in the Appendix to form of tender.

3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum of

equivalent to percent of the Contract Price for the due performance of the

Contract , in the form prescribed by ………………. ……………….( EPZA).

4. We agree to abide by this Tender for a period of …… [number] days from the date

fixed for tender opening of the Instructions to tenderers, and it shall remain binding upon us and

may be accepted at any time before the expiration of that period.

5. This Tender, together with your written acceptance thereof and your notification of

award, shall constitute a Contract, between us. Subject to signing of the Contract by the parties.

6. We understand that you are not bound to accept the lowest or any tender that you may

receive.

Dated this day of 20

[signature] [in the capacity of]

Duly authorized to sign tender for an on behalf of

52

7.2 CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM

You are requested to give the particulars indicated in Part 1 and either Part

2(a), 2(b) or 2 (c ) whichever applied to your type of business

You are advised that it is a serious offence to give false information on this

form

Part 1 – General:

Business Name ……………………………………………………………………………………………………..

Location of business premises. ……………………………………………………………………………………..

Plot No………………………………………………… Street/Road ………………………………………………..

Postal Address …………………………….. Tel No. …………………. Fax ………………. E mail …………….

Nature of Business ,………………………………………………………………………………………………..

Registration Certificate No. ………………………………………………………………………………………

Maximum value of business which you can handle at any one time – Kshs. …………………………………………

Name of your bankers …………………………………………….. Branch ………………………………………

Part 2 (a) – Sole Proprietor

Your name in full …………………………………………………….. Age ………………………..

Nationality ………………………………… Country of origin …………………………………….

Citizenship details …………………………………………………………………………………….

Part 2 (b) Partnership

Given details of partners as follows:

Name Nationality Citizenship Details Shares

1. ……………………………………………………………………………………………………….

2. ………………………………………………………………………………………………………

3. ……………………………………………………………………………………………………..

4. ……………………………………………………………………………………………………..

Part 2 (c ) – Registered Company

Private or Public ……………………………………………………………………………………………………….

State the nominal and issued capital of company-

Nominal Kshs. ………………………………

Issued Kshs. …………………………………

Given details of all directors as follows

Name Nationality Citizenship Details Shares

1………………………………………………………………………………………………………………………..

2. ……………………………………………………………………………………………………………………..

3. ………………………………………………………………………………………………………………………

4. ………………………………………………………………………………………………………………………

5 ……………………………………………………………………………………………………………………….

Date ………………………………………………………….. Seal/Signature of Candidate ………………………………..

53

7.3 TENDER SECURITY FORM

Whereas ……………………………………………. [name of the tenderer]

(hereinafter called “the tenderer”) has submitted its tender dated ………….

[date of submission of tender] for the supply, installation and commissioning

of ………………………………[name and/or description of the equipment]

(hereinafter called “the Tender”) ……………………………………………..

KNOW ALL PEOPLE by these presents that WE ………………………

……………… of …………………………………………. having our

registered office at ………………… (hereinafter called “the Bank”), are

bound unto …………….. [name of EPZA} (hereinafter called “the EPZA”)

in the sum of ………………………………….. for which payment well and

truly to be made to the said EPZA, the Bank binds itself, its successors, and

assigns by these presents. Sealed with the Common Seal of the said Bank

this day of 20 .

THE CONDITIONS of this obligation are:-

1. If the tenderer withdraws its Tender during the period of tender

validity specified by the tenderer on the Tender Form; or

2. If the tenderer, having been notified of the acceptance of its Tender by

the EPZAduring the period of tender validity:

(a) fails or refuses to execute the Contract Form, if required; or

(b) fails or refuses to furnish the performance security in accordance

with the Instructions to tenderers;

We undertake to pay to the EPZA up to the above amount upon receipt of its

first written demand, without the EPZA having to substantiate its demand,

provided that in its demand the EPZA will note that the amount claimed by

it is due to it, owing to the occurrence of one or both of the two conditions,

specifying the occurred condition or conditions.

This tender 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 above date.

[signature of the bank]

(Amend accordingly if provided by Insurance Company)

54

7.4 CONTRACT FORM

THIS AGREEMENT made the day of 20

between ……………… [name of Procurement entity) of ……….. [country of

Procurement entity] (hereinafter called “the EPZA) of the one part and

…………………….. [name of tenderer] of ………….. [city and country of tenderer]

(hereinafter called “the tenderer”) of the other part;

WHEREAS the EPZA invited tenders for [certain goods ] and has accepted a tender by

the tenderer for the supply of those goods in the sum of ……………………………

[contract price in words and figures] (hereinafter called “the Contract Price).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to:

2. The following documents shall be deemed to form and be read and construed as

part of this Agreement viz:

(a) the Tender Form

(b) the Schedule of Requirements

(c ) the Technical Specifications

(d) the General Conditions of Contract

(e) the Special Conditions of contract; and

(f) Any other document

3. In consideration of the payments to be made by the EPZA to the tenderer as

hereinafter mentioned, the tenderer hereby covenants with the EPZA to provide the goods

and to remedy the defects therein in conformity in all respects with the provisions of this

Contract

4. EPZA hereby covenants to pay the tenderer in consideration of the provisions of

the goods and the remedying of defects therein, the Contract Price or such other sum as

may become payable under the provisions of the Contract at the times and in the manner

prescribed by the contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in

accordance with their respective laws the day and year first above written.

Signed, sealed, delivered by the (for the EPZA)

Signed, sealed, delivered by the (for the tenderer in the

presence of

55

7.5 PERFORMANCE SECURITY FORM

To ………………………………………….

[name of EPZA]

WHEREAS …………………………………… [name of tenderer]

(hereinafter called “the tenderer”) has undertaken , in pursuance of Contract

No. [reference number of the contract] dated

20 to supply ………………………………………………

[description of goods] (hereinafter called “the Contract”).

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

tenderer shall furnish you with a bank guarantee by a reputable bank for the

sum specified therein as security for compliance with the Tenderer’s

performance obligations in accordance with the Contract.

AND WHEREAS we have agreed to give the tenderer a guarantee:

THEREFORE WE hereby affirm that we are Guarantors and responsible to

you, on behalf of the tenderer, up to a total of ……………………….

[amount of the guarantee in words and figure] and we undertake to pay you,

upon your first written demand declaring the tenderer to be in default under

the Contract and without cavil or argument, any sum or sums within the

limits of …………………….. [amount of guarantee] as aforesaid, without

you needing to prove or to show grounds or reasons for your demand or the

sum specified therein.

This guarantee is valid until the day of 20

Signed and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

(Amend accordingly if provided by Insurance Company)

56

7.6 BANK GUARANTEE FOR ADVANCE PAYMENT

To ………………………………

[name of EPZA]

[name of tender] …………………..

Gentlemen and/or Ladies:

In accordance with the payment provision included in the Special Conditions of Contract,

which amends the General Conditions of Contract to provide for advance payment,

…………………………………………………. [name and address of

tenderer](hereinafter called “the tenderer”) shall deposit with the EPZAa bank guarantee

to guarantee its proper and faithful performance under the said Clause of the Contract an

amount of …… …………………. [amount of guarantee in figures and words].

We, the ……………………………. [bank or financial institutions], as instructed by the

tenderer, agree unconditionally and irrevocably to guarantee as primary obligator and not

as surety merely, the payment to the EPZAon its first demand without whatsoever right

of objection on our part and without its first claim to the tenderer, in the amount not

exceeding …………………… [amount of guarantee in figures and words]

We further agree that no change or addition to or other modification of the terms of the

Contract to be performed there-under or of any of the Contract documents which may be

made between the EPZAand the tenderer, shall in any way release us from any liability

under this guarantee, and we hereby waive notice of any such change, addition, or

modification.

This guarantee shall remain valid in full effect from the date of the advance payment

received by the tenderer under the Contract until ………… [date].

Yours truly,

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

57

7.7 MANUFACTURER’S AUTHORIZATION FORM

To [name of the EPZA] ………………….

WHEREAS …………………………………………………………[ name

of the manufacturer] who are established and reputable manufacturers of

………………….. [name and/or description of the goods] having factories

at ………………………………… [address of factory] do hereby authorize

………………………… [name and address of Agent] to submit a tender,

and subsequently negotiate and sign the Contract with you against tender

No. ………………………. [reference of the Tender] for the above goods

manufactured by us.

We hereby extend our full guarantee and warranty as per the General

Conditions of Contract for the goods offered for supply by the above firm

against this Invitation for Tenders.

[signature for and on behalf of manufacturer]

Note: This letter of authority should be on the letterhead of the

Manufacturer and should be signed by an authorized person.

58

7.8. LETTER OF NOTIFICATION OF AWARD

Address of EPZA

_____________________

_____________________

To:

RE: Tender No.

Tender Name

This is to notify that the contract/s stated below under the above mentioned tender have

been awarded to you.

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

acceptance.

2. The contract/contracts shall be signed by the parties within 30 days of the date of

this letter but not earlier than 14 days from the date of the letter.

3. You may contact the officer(s) whose particulars appear below on the subject

matter of this letter of notification of award.

(FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER

59

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 Bidder in

respect of Tender No. ………………….. To supply goods, render services and/or carry

out works for National Social Security Fund and duly authorized and competent to make

this statement.

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

proceeding under Part IX.

3. THAT the aforesaid Bidder will not engage in any corrupt practice and has not been

requested to pay any 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 Bidder, its servants and/or agents have not offered any

inducement to any member 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)

60

LITIGATION HISTORY

Name of Applicant or partner of a joint venture

Applicants, including each of the partners of a joint venture, should

provide information of any history of litigation or arbitration

resulting from contracts executed in the last five years or currently

under execution. A separate sheet should be used for each partner

of a joint venture.

Year Award FOR

or AGAINST

Applicant

Name of client, cause of

litigation, and matter in

dispute

Disputed amount

(current value Kshs.)

61

SITE VISIT CERTIFICATE FORM

CONTRACTOR/CONTRACTOR’S REPRESENTATIVE SITE VISIT

CERTIFICATE

TENDER NO. EPZA………………, FOR THE PROPOSED DRILLING OF

BOREHOLE AT PONDS

1. This is to certify that I

,………………………………………………………………

(Name of tenderer or his representative) of the firm In the company

of…………………………………………………………

(EPZA Representative) visited the site in connection with the tender for the above

mentioned project.

2. Having previously studied the tender documents, I have carefully examined the site.

1. I have made myself familiar with the local conditions likely to influence the works

and the cost thereof.

I further certify that I am satisfied with the description of the works and the explanations

given by the EPZA representatives and that I understand perfectly the works to be done

as specified and implied in the execution of the contract.

Signed………………………………..

Date……………………………………

Name…………………………………………………………..(Tenderer or his

representative)

Signed ………………………………………………..

Date,……………………………………

Name,……………………………………………………………..S/No…………………

(EPZA, representative conducting the site visit)