COUNTY GOVERNMENT OF NYERI

DEPARTMENT OF FINANCE AND ECONOMIC PLANNING

SUPPLY, INSTALLATION AND COMMISSIONING

OF CCTV SURVEILLANCE SYSTEM AT VARIOUS

COUNTY STATIONS AND SITES AND ASSOCIATED

WORKS

CGN/FINANCE/78/2019-2020

TABLE OF CONTENTS

PAGE INTRODUCTION ……………………………. 3 SECTION I INVITATION TO TENDER…………………… 4 SECTION II INSTRUCTIONS TO TENDERERS…………. 5 Appendix to Instructions to Tenderers ………… 21 SECTION III GENERAL CONDITIONS OF CONTRACT……. 23 SECTION IV SPECIAL CONDITIONS OF CONTRACT…….. 30 SECTION V TECHNICAL SPECIFICATIONS……………… 32 SECTION VI SCHEDULE OF REQUIREMENTS……………. 34 SECTION VII PRICE SCHEDULE FOR GOODS…………….. 35 SECTION VIII STANDARD FORMS…………………………. 36

8.1 FORM OF TENDER…………………………… 37

8.2 CONFIDENTIAL BUSINESS QUESTIONNAIRES FORMS……………….. 38

8.3 TENDER SECURITY FORM……………………. 39

8.4 CONTRACT FORM……………………………… 40

8.5 PERFORMANCE SECURITY FORM…………… 41

8.6 BANK GUARANTTE FOR ADVANCE

PAYMENT FORM………………………………. 42

8.7 MANUFACTURER’S AUTHORIZATION FORM……………………………………………. 43

Introduction

1.1 This Standard Tender Document has been prepared for use by public entities in Kenya

1.2 The following general directions should be observed when using the

document.

(a) Specific details should be furnished in the Invitation to Tender and in the special conditions of contract. The final documents to be provided to the tenderers should not have blank spaces or give options

(b) The Instructions to Tenderers and the general conditions of contract

should remain unchanged. Any necessary amendments to these parts should be made through the special conditions of contract and the appendix to instructions to tenderers.

1.3 (a) Information contained in the Invitation to Tender shall conform to

the data and information in the tender documents to enable potential tenderers to decide whether or not to participate and shall indicate any important tender requirements.

(b) The Invitation to Tender shall be issued as an advertisement in accordance with the regulations or a letter of invitation addressed to

tenderers who have expressed interest following the invitation for expression of interest for which the invitation is issued.

SECTION I INVITATION TO TENDER DATE 25TH MAY 2020

TENDER REF NO. CGN/FINANCE/78/2019-2020 TENDER NAME SUPPLY, INSTALLATION AND COMMISSIONING OF

CCTV SURVEILLANCE SYSTEM AT VARIOUS CA STATIONS AND SITES AND ASSOCIATED WORKS

The County Government of Nyeri invites sealed bids from eligible candidates

for SUPPLY, INSTALLATION AND COMMISSIONING OF CCTV

SURVEILLANCE SYSTEM AT VARIOUS CA STATIONS AND SITES AND

ASSOCIATED WORKS

1.1 1.2 Interested eligible candidates may obtain further information from and

inspect the tender documents at (County Procurement Office, ground floor,

Nyeri County Government Offices- Nyeri Town Hall) during normal working hours.

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

download at the Nyeri County Government website, www.nyeri.go.ke , and/or the IFMIS tender portal: www.supplier.treasury.go.ke free of charge

1.4 Completed tender documents are to be enclosed in plain sealed envelopes (original and copy) marked with tender reference number and be deposited in the Tender Box at (County Procurement Office, ground floor,

Nyeri County Government Offices) or to be sent to the County Secretary, Nyeri County Government P.O. Box 1112-10100 Nyeri so as to be received on or before 9th June 2020 at 11.00am

1.5 Prices quoted should be net inclusive of all taxes and delivery must be in

Kenya Shillings and shall remain valid for (150 ) days from the closing date of the tender.

1.6 Tenders will be opened immediately thereafter in the presence of the Candidates or their representatives who choose to attend at (address and appropriate office)

For Chief Officer

DEPARTMENT OF FINANCE AND ECONOMIC PLANNING

SECTION II - INSTRUCTIONS TO TENDERERS

Table of Clauses Page

2.1 Eligible tenderers……………………… 6

2.2 Eligible goods…………………………. 6 2.3 Cost of tendering………………………… 6 2.4 Contents of Tender document……………… 7 2.5 Clarification of documents……………… 7 2.6 Amendment of documents…………….. 8 2.7 Language of tender…………………….. 8

2.8 Documents comprising the tender………. 8 2.9 Tender forms…………………………….. 9 2.10 Tender prices……………………………... 9 2.11 Tender currencies…………………………. 9 2.12 Tenderers eligibility and qualifications…… 0

2.13 Goods’ eligibility and conformity to tender documents………………………….. 10

2.14 Tender security……………………………. 11 2.15 Validity of tenders………………………… 12 2.16 Format and signing of tenders……………. 13 2.17 Sealing and marking of tenders……………. 13

2.18 Deadline for submission of tender ………… 14 2.19 Modification and withdrawal of tenders….. 14 2.20 Opening of tenders………………………… 15 2.21 Clarification of tenders…………………….. 15 2.22 Preminary examination…………………….. 15

2.23 Conversion to single currency…………… 16 2.24 Evaluation and comparison of tenders…….. 16 2.25 Contacting the procuring entity……………. 17 2.26 Award of contract………………………….. 17 (a) Post qualification………………………….. 17 (b) Award criteria…………………………….. 17

(c) Procuring entity’s right to vary quantities…. 18 (d) Procuring entity’s right to accept or

reject any or all tenders …………………… 18 2.27 Notification of award…………………….. 18 2.28 Signing of contract………………………. 18

2.29 Performance security………………………. 19 2.30 Corrupt or fraudulent practices……………. 19

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 Invitation to Tender. Successful tenderers shall complete the supply of goods by the intended completion date specified in the Schedule of Requirements Section VI.

2.1.2 The procuring entity’s employees, committee members, board members

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

the tender. 2.1.3 Tenderers shall provide the qualification information statement that the

tenderer (including all members of a joint venture and subcontractors) is not associated, or have been associated in the past, directly or indirectly,

with a firm or any of its affiliates which have been engaged by the Procuring entity to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the goods under this Invitation for tenders.

2.1.4 Tenderers shall not be under a declaration of ineligibility for corrupt and

fraudulent practices. 2.2 Eligible Goods 2.2.1 All goods to be supplied under the contract shall have their origin in

eligible source countries. 2.2.2 For purposes of this clause, “origin” means the place where the goods

are mined, grown, or produced. Goods are produced when, through manufacturing, processing, or substantial and major assembly of components, a commercially-recognized product results that is

substantially different in basic characteristics or in purpose or utility from its components

2.2.3 The origin of goods is distinct from the nationality of the tenderer.

2.3 Cost of Tendering 2.3.1 The Tenderer shall bear all costs associated with the preparation and

submission of its tender, and the procuring entity, will in no case be 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

Kshs.5,000/= 2.3.3 All firms found capable of performing the contract satisfactorily in

accordance with the set prequalification criteria shall be prequalified. 2.4. The 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 (ii) Instructions to tenderers (iii) General Conditions of Contract (iv) Special Conditions of Contract

(v) Schedule of requirements (vi) Technical Specifications (vii) Tender Form and Price Schedules (viii) Tender Security Form (ix) Contract Form (x) Performance Security Form

(xi) Bank Guarantee for Advance Payment Form (xii) Manufacturer’s Authorization Form (xiii) Confidential Business Questionnaire

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 Documents

2.5.1 A prospective tenderer requiring any clarification of the tender document may notify the Procuring entity in writing or by post at the

entity’s address indicated in the Invitation to Tender. The Procuring entity 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, prescribed by the procuring entity. Written copies of the Procuring entities 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 The procuring entity shall reply to any clarifications sought by the

tenderer within 3 days of receiving the request to enable the tenderer to make timely submission of its tender.

2.6 Amendment of Documents 2.6.1 At any time prior to the deadline for submission of tenders, the

Procuring entity, 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 amendment.

2.6.2 All prospective candidates that have received 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 Procuring entity, 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 Procuring entity, 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 of 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 2.1 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 2.2 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

2.9 Tender Forms

2.9.1 The tenderer shall complete the Tender Form and the appropriate Price Schedule furnished in the tender documents, indicating the goods to be supplied, a brief description of the goods, 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 and total tender price of the goods it proposes to supply under the contract

2.10.2 Prices indicated on the Price Schedule shall include all costs including taxes, insurances and delivery to the premises of the entity.

2.10.3 Prices quoted by the tenderer shall be fixed during the Tender’s

performance of the contract and not subject to variation on any account. A tender submitted with an adjustable price quotation will be

treated as non-responsive and will be rejected, pursuant to paragraph 2.22

2.10.4 The validity period of the tender shall be 60 days from the date of

opening of the tender.

2.11 Tender Currencies 2.11.1 Prices shall be quoted in Kenya Shillings unless otherwise specified in the

Appendix to Instructions to Tenderers.

2.12 Tenderers Eligibility and Qualifications 2.12.1Pursuant to paragraph 2.1. the tenderer shall furnish, as part of its

tender, documents establishing the tenderers eligibility to tender and its qualifications to perform the contract if its tender is accepted.

2.12.2The documentary evidence of the tenderers eligibility to tender shall

establish to the Procuring entity’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

2.12.3The documentary evidence of the tenderers qualifications to perform the contract if its tender is accepted shall be established to the Procuring entity’s satisfaction;

(a) that, in the case of a tenderer offering to supply goods under the

contract which the tenderer did not manufacture or otherwise produce, the tenderer has been duly authorized by the goods’ Manufacturer or producer to supply the goods.

(b) that the tenderer has the financial, technical, and production capability necessary to perform the contract;

(c) that, in the case of a tenderer not doing business within Kenya,

the tenderer is or will be (if awarded the contract) represented by an Agent in Kenya equipped, and able to carry out the Tenderer’s maintenance, repair, and spare parts-stocking obligations prescribed in the Conditions of Contract and/or Technical Specifications.

2.13 Goods Eligibility and Conformity to Tender Documents 2.13.1 Pursuant to 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 goods which the tenderer proposes to supply under the contract

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

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

and services offered which shall be confirmed by a certificate of origin issued at the time of shipment.

2.13.3 The documentary evidence of conformity of the goods 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 goods; (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 goods for a period of two (2) years, following commencement of the use of the goods by the Procuring entity; and

(c) a clause-by-clause commentary on the Procuring entity’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.

2.13.4 For purposes of the documentary evidence 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 for the amount specified in the Appendix to Invitation to Tenderers.

2.14.2 The tender security shall be in the amount of Ksh 210,670.00

2.14.3 The tender security is required to protect the Procuring entity 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 or in

another freely convertible currency, and shall be in the form of a bank guarantee or a bank draft issued by a reputable bank located in Kenya or abroad, or a guarantee issued by a reputable insurance company in the form provided in the tender documents or another form acceptable to the Procuring entity and valid for thirty (30) days beyond the validity of

the tender.

2.14.5 Any tender not secured in accordance with paragraph 2.14.1 and 2.14.3 will be rejected by the Procuring entity 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 the Procuring entity.

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 procuring entity 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

or (ii) to furnish performance security in accordance with

paragraph 2.28 2.15 Validity of Tenders

2.15.1 Tenders shall remain valid for 90 days or as specified in the Invitation to Tender after the date of tender opening prescribed by the Procuring entity, pursuant to paragraph 2.18. A tender valid for a shorter period shall be rejected by the Procuring entity as non responsive.

2.15.2 In exceptional circumstances, the Procuring entity may solicit the

Tenderer’s consent to an extension of the period of validity. The request and the responses thereto 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 Procuring entity shall prepare two copies of the tender, clearly marking each “ORIGINAL TENDER” and “COPY 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 duly authorized to bind the tenderer to the contract. The latter authorization shall be indicated by written power-of-attorney

accompanying the tender. 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 “COPY.” The envelopes shall then be sealed in an outer envelope.

2.17.2 The inner and outer envelopes shall:

(a) be addressed to the Procuring entity at the address given in the Invitation to Tender:

(b) bear, tender number and name in the Invitation for Tenders and

the words, “DO NOT OPEN BEFORE,” 9Th June 2020 at 11:00 a.m. 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, the Procuring entity 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 Procuring entity at the address

specified under paragraph 2.17.2 no later than 9Th June 2020 at 11:00 a.m.

2.18.2 The Procuring entity 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 Procuring entity and candidates previously subject to the deadline will therefore be subject to the deadline as extended

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 Procuring Entity 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

2.19.5 The procuring entity may at any time terminate procurement

proceedings before contract award and shall not be liable to any person for the termination.

2.19.6 The procuring entity shall give prompt notice of the termination to the

tenderers and on request give its reasons for termination within 14 days of receiving the request from any tenderer.

2.20 Opening of Tenders 2.20.1 The Procuring entity will open all tenders in the presence of tenderers’

representatives who choose to attend, on 9Th June 2020 at 11:00 a.m. and in the location specified in the Invitation to Tender.

The tenderers’ representatives who are present shall sign a register evidencing their attendance.

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 Procuring entity, at its discretion, may consider appropriate, will be announced at the opening.

2.20.3 The Procuring entity 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

Procuring entity 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 the Procuring entity in the

Procuring entity’s tender evaluation, tender comparison or contract award decisions may result in the rejection of the tenderers’ tender.

2.22 Preliminary Examination 2.22.1 The Procuring entity 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 quantify, 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 forfeited. If there is a discrepancy between words and figures

the amount in words will prevail 2.22.3 The Procuring entity 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. 2.22.4 Prior to the detailed evaluation, pursuant to paragraph 2.23 the

Procuring entity 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. The Procuring entity’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 the Procuring entity and may not subsequently be made responsive by the tenderer by correction of the non conformity.

2.23 Conversion to Single Currency

2.23.1 Where other currencies are used, the procuring entity will convert these currencies to Kenya Shillings using the selling exchange rate on the ate of tender closing provided by the Central Bank of Kenya.

2.24 Evaluation and Comparison of Tenders

2.24.1 The Procuring entity will evaluate and compare the tenders which have

been determined to be substantially responsive, pursuant to paragraph 2.22

2.24.2 The tender evaluation committee shall evaluate the tender within 30

days of the validity period from the date of opening the tender. 2.24.3 A tenderer who gives false information in the tender document about its

qualification or who refuses to enter into a contract after notification of contract award shall be considered for debarment from participating in

future public procurement. 2.25 Preference 2.25.1 Preference where allowed in the evaluation of tenders shall not exceed

15%

2.26 Contacting the Procuring entity 2.26.1 Subject to paragraph 2.21 no tenderer shall contact the Procuring entity

on any matter related to its tender, from the time of the tender opening to the time the contract is awarded.

2.26.2 Any effort by a tenderer to influence the Procuring entity in its decisions on tender, evaluation, tender comparison, or contract award may result in the rejection of the Tenderer’s tender.

2.27 Award of Contract

(a) Post-qualification

2.27.1 In the absence of pre-qualification, the Procuring entity 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.

2.27.2 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 the Procuring entity deems necessary and appropriate.

2.27.3 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 Procuring entity will proceed to the next lowest evaluated tender to make a similar determination of that Tenderer’s capabilities to perform satisfactorily.

(b) Award Criteria 2.27.4 The Procuring entity 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. (c) Procuring entity’s Right to Vary quantities 2.27.5 The Procuring entity reserves the right at the time of contract award to

increase or decrease the quantity of goods originally specified in the Schedule of requirements without any change in unit price or other terms and conditions

(d) Procuring entity’s Right to Accept or Reject Any or All Tenders

2.27.6 The Procuring entity 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 tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Procuring entity’s action

2.28 Notification of Award 2.28.1 Prior to the expiration of the period of tender validity, the Procuring

entity will notify the successful tenderer in writing that its tender has been accepted.

2.28.2 The notification of award will constitute the formation of the Contract

but will have to wait until the contract is finally signed by both parties 2.28.3 Upon the successful Tenderer’s furnishing of the performance security

pursuant to paragraph 2.28, the Procuring entity will promptly notify each unsuccessful Tenderer and will discharge its tender security, pursuant to paragraph 2.14

2.29 Signing of Contract

2.29.1 At the same time as the Procuring entity notifies the successful tenderer that its tender has been accepted, the Procuring entity will send the tenderer the Contract Form provided in the tender documents, incorporating all agreements between the parties.

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

date of notification of contract award unless thee is an administrative review request.

2.29.3 Within thirty (30) days of receipt of the Contract Form, the successful

tenderer shall sign and date the contract and return it to the Procuring entity.

2.30 Performance Security 2.30.1 Within Thirty (30)days of the receipt of notification of award from the

Procuring entity, 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 Procuring entity.

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

paragraph 2.27 or paragraph 2.28 shall constitute sufficient grounds for

the annulment of the award and forfeiture of the tender security, in which event the Procuring entity may make the award to the next lowest evaluated Candidate or call for new tenders.

2.31 Corrupt or Fraudulent Practices

2.31.1 The Procuring entity requires that tenderers observe the highest

standard of ethics during the procurement process and execution of contracts when used in the present regulations, the following terms are defined as follows;

(i) “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution; and

(ii) “fraudulent practice” means a misrepresentation of facts in order

to influence a procurement process or the execution of a contract to the detriment of the Procuring entity, and includes collusive practice among tenderer (prior to or after tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive the Procuring entity of the benefits of free and open competition;

2.31.2 The procuring entity 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.

2.31.3 Further a tenderer who is found to have indulged in corrupt or fraudulent practices risks being debarred from participating in public procurement in Kenya.

Appendix to Instructions to Tenderers Notes on the Appendix to the Instruction to Tenderers 1. The Appendix to instructions to tenderers is intended to assist the procuring entity in providing specific information in relation to the

corresponding clause in the instructions to Tenderers included in Section II and has to be prepared for each specific procurement. 2. The procuring entity should specify in the appendix information and requirements specific to the circumstances of the procuring entity, the goods to be procured and the tender evaluation criteria that will apply

to the tenders. 3. In preparing the Appendix the following aspects should be taken into consideration;

(a) The information that specifies and complements provisions of Section II to be incorporated (b) Amendments and/or supplements if any, to provisions of Section II as necessitated by the circumstances of the goods to

be procured to be also incorporated 4. Section II should remain unchanged and can only be amended through the Appendix. 5. Clauses to be included in this part must be consistent with the public

procurement law and the regulations.

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 2.32 SITE VISIT

2.32.1 The tenderer is advised to visit and examine the Site and its surroundings and obtain for himself on his own responsibility, all

information that may be necessary for preparing the tender and entering into a contract. The costs of visiting the Site shall be the tenderer’s own responsibility.

2.32.2 The tenderer and any of his personnel or agents will be granted permission by the Employer to enter upon premises and lands for the purpose of such inspection, but only upon the express condition that the tenderer, his personnel or agents, will release and indemnify the Employer from and against all liability in

respect of, and will be responsible for personal injury (whether fatal or otherwise), loss of or damage to property and any other loss, damage, costs and expenses however caused, which but for the exercise of such permission, would not have arisen.

2.32.3 The Employer shall organize a site visit at a date to be notified. A representative of the Employer will be available to meet the intending tenderers at the Site.

Tenderers must provide their own transport. The representative will not be available at any other time for site inspection visits.

Each tenderer shall complete the Certificate of Tenderer’s Visit to

the Site, whether he in fact visits the Site at the time of the organized site visit or by himself at some other time.

TENDERS EVALUATION CRITERIA A three-stage procedure will be adopted in evaluating the tenders

1. Preliminary evaluation 2. Technical evaluation

Mandatory Technical Requirements

Technical Proposal 3. Financial evaluation

Stage I: Preliminary evaluation

INSTRUCTIONS TO TENDERERS REFERENCE

PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS

2.1.1

MANDATORY REQUIREMENTS

1) Valid copy of certificate of Incorporation/Registration

2) Valid copy of Tax Compliance Certificate.

3) Valid copy of company registration record details the

company director(s)/ CR12.

4) Valid copy of Registration Certificate with

Communication Authority (CA)

5) Valid copy of National Construction Authority (NCA)

Registration Certificate Telecommunication Services

Category (NCA 6 and above)

6) Valid copy of National Construction Authority (NCA)

Telecommunication services Annual License for

2019/2020 (To be verified with NCA)

7) Must provide a bid bond of Ksh. 210,670/- which must remain valid for 30 days (after expiry of the tender

validity period in the form a bank guarantee or from an

insurance company approved by the Public Procurement Oversite Authority (PPOA) payable to the County

Secretary, Nyeri County Government

8) Current business permit/license

9) Duly filled, signed and stamped Form of Tender

10) Duly filled, signed and stamped Confidential Business

Questionnaire.

11) Provide 2 Copies of the document and must be serialized

including attachments.

Failure to meet the preliminary mandatory requirements will lead to automatic disqualification

Stage II : Technical Evaluation Mandatory Technical Requirements to be indicated in Vendors Proposal 1. Experience

List of at least 5 major Corporate Clients and their recommendation

letters. Copies of most recent award letters/contract for Supply for similar

works.

10

2. Technical capability

1. Attach technical catalogues and brochures for the equipment to be supplied

2. Manufacturer’s warranty 3. Manufacturers authorization for the firm doing business

15

3. Work Methodology and time frame The bidder Must provide a detailed work methodology with clear

timelines in Gantt Chart

5

5.

Reputation Proof of Satisfactory Service. Submit letters of reference from FIVE major clients, which should include summary of services rendered, value of contracts and contact

person, address and telephone numbers (1 Mk for each complete letter).

5

6. The vendor shall provide a service level contract/Agreement to

cover deployment, commissioning, incident management, exclusions and 99.8% network availability for 1 year after

commissioning.

5

Please note: Any applicant who fails to provide all mandatory requirements shall not proceed to the next stage of the evaluation

Evaluation Criterion % Score

%

1. Mandatory Technical Requirements 40

2. Recommendation letters from at least three clients where

a similar assignment has been offered

• 1 Reference – 2 Marks

• 2 References – 4 Marks

• 3 References – 6 Marks

• 4 References- 8 Marks

5 References and more – 10 Marks

10

3. Qualified Technical Staff. Provide both CVs and

academic certificates (at least a diploma in

Telecommunication / ICT or Electronics engineering) of

key technical personnel

Director of the firm Holder of degree or diploma in relevant Engineering field--- - 5

Holder of certificate in relevant Engineering field---------------3 Holder of trade test certificate in relevant Engineering field --2

5

At least 1No certificate

At least 2 technical staff with Network or fiber installer

certificate CCNA/CCNP/CCIP/CCVP

With over 10 years relevant experience-------------------5 With over 5 years relevant experience ------------------- 3

With under 5 years relevant experience-------------------1

5

(Complete as necessary)

Only tenders with a technical score of 70% and above out of 100% shall be

considered technically responsive hence qualify for financial evaluation.

STAGE III- FINANCIAL EVALUATION

Tenders shall be checked for arithmetic errors. The lowest evaluated tender to be

considered for award must be economically responsive i.e. unit rates in the bill of

quantities must realistically be within market rates and the tender sum be within

the budget.

4. Comprehensive description of

1. CCTV layout Diagram, - 10 marks

2. active Components, - 5 Marks

5.CCTV integration – 5 Marks

The proposal MUST also include how the CCTV

network architecture will interlink with the existing

LANs at various sites.

20

5. Previous years audited accounts 2017/2018 &

2018/19

1 year – 5 Marks

2 Years – 10 Marks

10

6. Financial Capacity.

a) 5-10 million average annual turnover

b) 10- 15million average annual turnover

c) > 15 million average annual turnover

10

5

8

10

TOTAL 100

SECTION III: GENERAL CONDITIONS OF CONTRACT

Table of Clauses

Page

3.1 Definitions…………………………………………… 24 3.2 Application………………………………………….. 24 3.3 Country of Origin…………………………………….. 24 3.4 Standards……………………………………………. 25 3.5 Use of Contract documents and information…………. 25 3.6 Patent Rights…………………………………………… 25

3.7 Performance security…………………………………… 25 3.8 Inspection and Tests……………………………………. 26 3.9 Packing…………………………………………………... 27 3.10 Delivery and documents………………………………… 27 3.11 Insurance ………………………………………………. 27

3.12 Payment………………………………………………… 27 3.13 Price……………………………………………………. 28 3.14 Assignments…………………………………………… 28 3.15 Sub contracts………………………………………….. 28 3.16 Termination for default……………………………….. 28 3.17 Liquidated damages………………………………….. 29

3.18 Resolution of Disputes………………………………… 29 3.19 Language and law…………………………………….. 29 3.20 Force Majeure………………………………………… 29

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 Procuring entity 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 Procuring entity under the Contract.

(d) “The Procuring entity” 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 Procuring entity for the procurement installation and commissioning of equipment

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.

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 tenderer shall not, without the Procuring entity’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 Procuring entity 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 Procuring entity’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 Procuring entity and shall be returned (all copies) to the Procuring entity on completion of the Tenderer’s performance under the Contract if so required by the Procuring entity

3.6 Patent Rights 3.6.1 The tenderer shall indemnify the Procuring entity 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 Procuring

entity’s country 3.7 Performance Security 3.7.1 Within thirty (30) days of receipt of the notification of Contract award,

the successful tenderer shall furnish to the Procuring entity the

performance security in the amount specified in Special Conditions of Contract.

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

Procuring entity as compensation for any loss resulting from the

Tenderer’s failure to complete its obligations under the Contract. 3.7.3 The performance security shall be denominated in the currency of the

Contract, or in a freely convertible currency acceptable to the Procuring entity and shall be in the form of a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in Kenya or abroad,

acceptable to the Procuring entity, in the form provided in the tender documents.

3.7.4 The performance security will be discharged by the Procuring entity and

returned to the Candidate not later 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 Procuring entity or its representative shall have the right to inspect

and/or to test the goods to confirm their conformity to the Contract specifications. The Procuring entity 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 or its subcontractor(s), at point of delivery, and/or at the Goods’ final destination If conducted on the premises of the tenderer or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Procuring entity.

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

Specifications, the Procuring entity 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

Procuring entity. 3.8.4 The Procuring entity’s right to inspect, test and where necessary, reject

the goods after the Goods’ arrival shall in no way be limited or waived by reason of the equipment having previously been inspected, tested and passed by the Procuring entity 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.

3.9 Packing 3.9.1 The tenderer shall provide such packing of the Goods 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 Goods shall be made by the tenderer in accordance with

the terms specified by Procuring entity in its Schedule of Requirements and the Special Conditions of Contract

3.11 Insurance

3.11.1 The Goods 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 Procuring entity as specified in the contract

3.13 Prices

3.13.1 Prices charged by the tenderer for goods delivered and services 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.

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 request shall be processed by the procuring entity within 30 days of receiving the request.

3.14. Assignment

3.14.1 The tenderer shall not assign, in whole or in part, its obligations to perform under this Contract, except with the Procuring entity’s prior written consent

3.15 Subcontracts

3.15.1 The tenderer shall notify the Procuring entity 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 Procuring entity 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 goods within the

period(s) specified in the Contract, or within any extension thereof granted by the Procuring entity

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

the Contract

(c) if the tenderer, in the judgment of the Procuring entity has engaged in corrupt or fraudulent practices in competing for or in executing the Contract

3.16.2 In the event the Procuring entity 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 Procuring entity for any excess costs for such similar goods.

3.17 Liquidated Damages 3.17.1. If the tenderer fails to deliver any or all of the goods within the

period(s) specified in the contract, the procuring entity 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.

3.18 Resolution of Disputes 3.18.1 The procuring entity and the tenderer shall make every effort to resolve

amicably by direct informal negotiation and disagreement or dispute arising between them under or in connection with the contract

3.18.2 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 adjudication in an agreed national or international forum, and/or international arbitration.

3.19 Language and Law 3.19.1 The language of the contract and the law governing the contract shall

be English language and the Laws of Kenya respectively unless otherwise stated.

3.20 Force Majeure 3.20.1 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.

SECTION IV - SPECIAL CONDITIONS OF CONTRACT Notes on Special Conditions of Contract

The clauses in this section are intended to assist the procuring entity in providing contract-specific information in relation to corresponding clauses in the General Conditions of Contract. The provisions of Section IV complement the General Conditions of Contract

included in Section III, specifying contractual requirements linked to the special circumstances of the procuring entity and the goods being procured. In preparing Section IV, the following aspects should be taken into consideration. (a) Information that complement provisions of Section III must be

incorporated and (b) Amendments and/or supplements to provisions of Section III, as

necessitated by the circumstances of the goods being procured must also be incorporated.

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.

42. Special conditions of contract as relates to the GCC

REFERENCE OF GCC SPECIAL CONDITIONS OF CONTRACT

3.7.1

Indicate particulars of performance security

3.12.1 Terms of Payment

upon delivery of material to site, upon Successful installation, Commissioning and Training and issuance of project completion certificate

3.6 Support and Maintenance

Preventive Maintenance

The successful bidder will be responsible for: -

Repair and replacement of faulty cctv

communication components for all the

active devices within the warranty Period.

Provision of continuous second and third

level technical support that will minimize

unplanned downtime in order to avoid

disruption of service delivery for the CCTV

infrastructure and components for a

period of three years.

Provision of quarterly preventive

maintenance.

Conducting network vulnerability testing

using qualified staff/experts once a year.

Coordinating with ICT for network related

changes/updates, etc.

Reporting hardware/software related

problems to ICT.

(Complete as necessary)

SECTION V - TECHNICAL SPECIFICATIONS 5.1 General 5.1.1 These specifications describe the requirements for goods. Tenderers are

requested to submit with their offers the detailed specifications, drawings, catalogues, etc for the products they intend to supply

5.1.2 Tenderers must indicate on the specifications sheets whether the

equipment offered comply with each specified requirement.

5.1.3 All the dimensions and capacities of the equipment to be supplied shall not be less than those required in these specifications. Deviations from the basic requirements, if any shall be explained in detail in writing with the offer, with supporting data such as calculation sheets, etc. The procuring entity reserves the right to reject the products, if such

deviations shall be found critical to the use and operation of the products.

5.1.4 The tenderers are requested to present information along with their

offers as follows:

(i) Shortest possible delivery period of each product (ii) Information on proper representative and/or workshop for back-up

service/repair and maintenance including their names and addresses.

PART D CONTRACT PRELIMINARIES AND GENERAL CONDITIONS 1.1 Examination of Tender Documents

The tenderer is required to check the number of pages of this document and should he find any missing or indistinct, he must inform the Engineer at once and have the same rectified. All tenderers shall be deemed to have carefully examined the following:

a) Work detailed in the Specification and in the Contract Drawings. b) The Republic of Kenya Document “General Conditions of Contract for Electrical and Mechanical Works”.

c) Other documents to which reference is made. He shall also be deemed to have included for any expenditure which may be incurred in conforming with the above items (a), (b), (c) and observe this expense as being attached to the contract placed for the whole or any part of the work.

The tenderer shall ensure that all ambiguities, doubts or obscure points of detail, are clarified with the Engineer before submission of his tender, as no claims for alleged deficiencies in the information given shall be considered after this date.

1.2 Discrepancies The Contractor shall include all work either shown on the Contract Drawings or detailed in the specification. No claim or extra cost shall be considered for works, which has been shown on the drawings or in the specification alone.

Should the drawing and the specification appear to conflict, the Contractor shall query the points at the time of tendering and satisfy himself that he has included for the work intended, as no claim for extra payment on this account shall be considered after the contract is awarded.

1.3 Conditions of Contract Agreement The Contractor shall be required to enter into a Contract with the Client.

The Conditions of the Contract between the Client and the Contractor as hereinafter defined shall be the latest edition of the Agreement and Schedule of Conditions of Kenya Association of Building and Civil Engineering Contractors as particularly modified and amended hereinafter.

For the purpose of this contract the Agreement and Schedule of Conditions and any such modifications and amendments shall read and construed together. In any event of discrepancy, the modifications and amendments shall prevail. 1.4 Payment

Payment will be made through certificates to the Contractor. All payments will be less retention as specified in the Contract. No payment will become due until materials are delivered to site.

The tenderer is recommended to visit the site and shall be deemed to have satisfied himself with regard to access, possible conditions, the risk of injury or damage to property on/

adjacent to the site, and the conditions under which the Contract Works shall

have to be carried out and no claims for extras will be considered on account of lack of knowledge in this respect. 1.7 Duration of Contract

The Contractor shall be required to phase his work in accordance with the programme (or its revision). 1.8 Scope of Contract Works The Contractor shall supply, deliver, unload, hoist, fix, test, commission and

hand-over in satisfactory working order the complete installations specified hereinafter and/or as shown on the Contract Drawings attached hereto, including the provision of labour, transport and plant for unloading material and storage, and handling into position and fixing, also the supply of ladders, scaffolding the other mechanical devices to plant, installation, painting,

testing, setting to work, the removal from site from time to time of all superfluous material and rubbish caused by the works. The Contractor shall supply all accessories, whether of items or equipment supplied by the Client but to be fixed and commissioned under this Contract 1.9 Extent of the Contractor’s Duties

At the commencement of the works, the Contractor shall investigate and report to the Engineer if all materials and equipment to be used in the work and not specified as supplied by the others are available locally. If these materials and equipment are not available locally, the Contractor shall at this

stage place orders for the materials in question and copy the orders to the Engineer. Failure to do so shall in no way relieve the Contractor from supplying the specified materials and equipment in time. Materials supplied by others for installation and/or connection by the

contractor shall be carefully examined in the presence of the supplier before installation and connection. Any defects noted shall immediately be reported to the Engineer. The contractor shall be responsible for verifying all dimensions relative to his work by actual measurements taken on site.

The contractor shall mark accurately on one set of drawings and indicate all alterations and/or modifications carried out to the designed system during the construction period. This information must be made available on site for inspection by the Engineer.

1.10 Execution of the Works The works shall be carried out strictly in accordance with:

a) All relevant Kenya Bureau of Standards Specifications. b) All relevant British Standard Specifications and Codes of Practice (Hereinafter referred to as B.S. and C.P. respectively). c) This Specification.

d) The Contract Drawings. e) The Bye-laws of the Local Authority.

f) The Engineer’s Instructions. The Contract Drawings and Specifications to be read and construed together. 1.11 Validity of Tender

The tender shall remain valid for acceptance within 120 days from the final date of submission of the tender, and this has to be confirmed by signing the Tender Bond. The tenderer shall be exempted from this Bond if the tender was previously withdrawn in writing to the Employer before the official opening.

1.12 Firm – Price Contract Unless specifically stated in the documents or the invitation to tender, this is a firm-price Contract and the contractor must allow in his tender for the increase in the cost of labour and/or materials during the duration of the contract. No

claims will be allowed for increased costs arising from the fluctuations in duties and/or day to day currency fluctuations. The contractor will be deemed to have allowed in his tender for any increase in the cost of materials which may arise as a result of currency fluctuation during the contract period. 1.13 Variation

No alteration to the Contract Works shall be carried out until receipt by the Contractor of written instructions from the Employer’s Representative

Any variation from the contract price in respect of any extra work, alteration or

omission requested or sanctioned by the Engineer shall be agreed and confirmed in writing at the same time such variations are decided and shall not affect the validity of the Contract. Schedule of Unit Rates shall be used to assess the value of such variations. No allowance shall be made for loss of profit on omitted works.

Where the Engineer requires additional work to be performed, the Contractor, if he considers it necessary, will give notice within seven (7) days to the Client of the length of time he (the contractor) requires over and above that allotted for completion of the contract.

If the Contractor fails to give such notice he will be deemed responsible for the claims arising from the delay occasioned by reason of such extension of time. 1.14 Prime Cost and Provisional Sums

A specialist Sub-contractor may be nominated by the Engineer to supply and/or install any equipment covered by the Prime Cost or Provisional Sums contained within the Sub-contract documents. The work covered by Prime Cost and Provisional Sums may or may not be

carried out at the discretion of the Engineer. The whole or any part of these sums utilized by the Contractor shall be deducted from the value of the Contract price when calculating the final account.

1.15 Bond The tenderer must submit with his tender the name of one Surety who must be an established Bank only who will be willing to be bound to the Main

Contractor for an amount equal to 10% of the Contract amount as Clause 31 of the Main Contract. 1.16 Government Legislation and Regulations The Contractor’s attention is called to the provision of the Factory Act 1972

and subsequent amendments and revisions, and allowance must be made in his tender for compliance therewith, in so far as they are applicable.

The Contractor must also make himself acquainted with current legislation and

any Government regulations regarding the movement, housing, security and control of labour, labour camps, passes for transport, etc. The Contractor shall allow for providing holidays and transport for work people, and for complying with Legislation, Regulations and Union

Agreements. 1.17 Import Duty and Value Added Tax The Contractor will be required to pay full Import Duty and Value Added Tax on all items of equipment, fittings and plant, whether imported or locally

manufactured. The tenderer shall make full allowance in his tender for all such taxes. 1.18 Insurance Company Fees

Attention is drawn to the tenderers to allow for all necessary fees, where known, that may be payable in respect of any fees imposed by Insurance Companies or statutory authorities for testing or inspection. No allowance shall be made to the Contractor with respect to fees should these have been omitted by the tenderer due to his negligence in this respect.

1.19 Provision of Services by the Main Contractor In accordance with Clause 1.08 of this Specification the Contractor shall make the following facilities available for their work:

a) Attendance on the Sub-contractor and the carrying out of all work affecting the structure of the building which may be necessary, including all chasing, cutting away and making good brickwork, etc., except that all plugging for fixing, fittings, machinery, fan ducting, etc., and all drilling and tapping of

steel work shall be the responsibility of the Contractor. Any purpose made fixing brackets shall not constitute Builder’s Work and shall be provided and installed by the Contractor unless stated hereinafter otherwise. b) The provision of temporary water, lighting and power: All these services

utilized shall be paid for by the Contractor. The Contractor shall, however, allow for additional connections/extensions required for his purposes.

c) Fixing of anchorage and pipe supports in the shuttering, except that all

anchorage shall be supplied by the Contractor who shall also supply the Main Contractor with fully dimensioned drawings detailing the exact locations. d) I) Provision of scaffolding, cranes, etc. but only in so far as it is required for the Main Contract Works. It shall be the Sub-contractor’s responsibility to

liaise with the Main Contractor to ensure that there is maximum co-operation with other Sub-contractors in the use of scaffolding, cranes, etc. ii) Any specialist scaffolding, cranes, etc. by the Sub-contractor for his own exclusive use shall be paid for by the Sub-contractor.

1.20 Suppliers The Contractor shall submit names of any supplier for the materials to be incorporated, to the Engineer for approval. The information regarding the names of the suppliers may be submitted at different times, as may be

convenient, but no sources of supply will be changed without prior approval. Each supplier must be willing to admit the Engineer or his representative to his premises during working hours for the purpose of examining or obtaining samples of the materials in question. The contractor is to have a manufacturers authorization for any equipment

being supplied. 1.21 Samples and Materials Generally The Contractor shall, when required, provide for approval at no extra cost,

samples of all materials to be incorporated in the works. Such samples, when approved, shall be retained by the Engineer and shall form the standard for all such materials incorporated. 1.22 Administrative Procedure and Contractual Responsibility

Wherever within the Specification it is mentioned or implied that the Contractor shall deal direct with the Employer or Engineer, it shall mean “through the Contractor” who is responsible to the Employer for the whole of the works including the Contract Works.

1.23 Bills of Quantities The Bills of Quantities have been prepared in accordance with the standard method of measurement of Building Works for East Africa, first Edition, Metric, 1970. All the Quantities are based on the Contract Drawings and are

provisional and they shall not be held to gauge or to limit the amount or

description of the work to be executed by the Contractor but the value thereof shall be deducted from the Contract Sum and the value of the work ordered by the Engineer and executed thereunder shall be measured and valued by the Engineer in accordance with the conditions of the Contract.

All work liable to adjustment under this Contract shall be left uncovered for a reasonable time to allow measurements needed for such adjustment to be taken by the Quantity Surveyor or Engineer. Immediately the work is ready for measuring the Contractor shall give notice to the Engineer to carry out measurements before covering up. If the Contractor shall make default in these respects he shall, if the Engineer so directs, uncover the work to enable

the necessary measurements to be taken and afterwards reinstate at his own expense. 1.24 Contractor’s Office in Kenya

The Contractor shall maintain (after first establishing if necessary) in Kenya an office staffed with competent Engineer Manager and such supporting technical and clerical staff as necessary to control and coordinate the execution and completion of the Contract Works.

The Engineer Manager and his staff shall be empowered by the Contractor to represent him at meetings and in discussions with the Main Contractor, the Engineer and other parties who may be concerned and any liaison with the contractor’s Head Office on matters relating to the design, execution and completion of the contract Works shall be effected through his office in Kenya.

It shall be the contractor’s responsibility to procure work permits, entry permits, licenses, registration, etc., in respect of all expatriate staff. The contractor shall prepare a substantial proportion of his Working Drawings

at his office in Kenya. No reasons for delays in the preparation or submission for approval or otherwise of such drawings or proposals will be accepted on the grounds that the contractor’s Head Office is remote from his office in Nairobi or the site of the contract Works or otherwise. 1.25 Builder’s Work

All chasing, cutting away and making good will be done by the Main Contractor but the contractor shall mark out in advance and shall be responsible for accuracy of the size and position of all holes and chases required.

The contractor shall drill and plug holes in floors, walls, ceiling and roof for

securing services and equipment requiring screw or bolt fixings. Any purpose made fixing brackets shall not constitute builder’s work and shall be provided and installed by the Sub-contractor unless stated hereinafter to the contrary.

1.26 Structural Provision for the Works Preliminary major structural provision has been made for the Sub-contract Works based on outline information ascertained during the preparation of the Specification.

The preliminary major structural provision made will be deemed as adequate unless the Sub-contractor stated otherwise when submitting his tender. Any major structural provision or alteration to major structural provisions

required by the Sub-contractor shall be shown on Working Drawings to be submitted to the Engineer within 30 days of being appointed. No requests for alterations to preliminary major structural provisions will be approved except where they are considered unavoidable by the Engineer. In no case will they be approved if building work is so far advanced as to cause

additional costs or delays in the work of the Main Contractor. 1.27 Position of Services, Plant, Equipment, Fittings and Apparatus The Contract Drawings give a general indication of the intended layout. The

position of the equipment and apparatus, and also the exact routes of the ducts, main and distribution pipework shall be confirmed before installation is commenced. The exact siting of appliances, pipework, etc., may vary from that indicated.

The routes of services and positions of apparatus shall be determined by the approved dimensions detailed in the Working Drawings or on site by the Engineer in consultation with the contractor or the Main Contractor. The Services throughout the ducts shall be arranged to allow maximum access

along the ducts and the services shall be readily accessible for maintenance. Any work, which has to be re-done due to negligence in this respect, shall be the contractor’s responsibility.

The contractor shall be deemed to have allowed in his contract Sum for

locating terminal points of services (e.g. lighting, switches, socket outlets, lighting points, control switches, thermostats and other initiating devices, taps, stop cocks) in positions plus or minus 1.2m horizontally and vertically from the locations shown on Contract Drawings. Within these limits no variations in the contract Sum will be made unless the work has already been executed in

accordance with previously approved Working Drawings and with the approval of the Engineer. 1.28 Checking of Work The contractor shall satisfy himself to the correctness of the connections he

makes to all items of equipment supplied under the contract agreement and equipment supplied under other contracts before it is put into operation. Details of operation, working pressures, temperatures, voltages, phases, power rating, etc., shall be confirmed to others and confirmation received before the system is first operated.

1.29 Setting to Work and Regulating System The contractor shall carry out such tests of the contract Works as required by British Standard Specifications, or equal and approved codes as specified hereinafter and as customary.

No testing or commissioning shall be undertaken except in the presence of and to the satisfaction of the Engineer unless otherwise stated by him (contractor’s own preliminary and proving tests excepted).

It will be deemed that the contractor has included in the contract Sum for the costs of all fuel, power, water and the like, for testing and commissioning as required as part of the contract Works. He shall submit for approval to the Engineer a suitable programme for testing and commissioning. The Engineer and Employer shall be given ample warning in writing, as to the date on which

testing and commissioning will take place. The contractor shall commission the contract Works and provide attendance during the commissioning of all services, plant and apparatus connected under the contract Agreement or other contract Agreements, related to the project.

Each system shall be properly balanced, graded and regulated to ensure that correct distribution is achieved and where existing installations are affected, the contractor shall also regulate these systems to ensure that their performance is maintained.

The proving of any system of plant or equipment as to compliance with the

Specification shall not be approved by the Engineer, except at his discretion, until tests have been carried out under operating conditions pertaining to the most onerous conditions specified except where the time taken to obtain such conditions is unreasonable or exceeds 12 months after practical completion of the contract Works.

1.30 Identification of Plant Components The contractor shall supply and fix identification labels to all plant, starters, switches and items of control equipment including valves, with white traffolyte or equal labels engraved in red lettering denoting its name, function and

section controlled. The labels shall be mounted on equipment and in the most convenient positions. Care shall be taken to ensure the labels can be read without difficulty. This requirement shall apply also to major components of items of control equipment.

Details of the lettering of the labels and the method of mounting or supporting shall be forwarded to the Engineer for approval prior to manufacture. 1.31 Contract Drawings The Contract Drawings when read in conjunction with the text of the

Specification have been completed in such detail as was considered necessary to enable competitive tenders to be obtained for the execution and completion of the contract works. The Contract Drawings are not intended to be Working Drawings and shall not

be used unless exceptionally they are released for this purpose. 1.32 Working Drawings The contractor shall prepare such Working Drawings as may be necessary. The

Working Drawings shall be complete in such detail not only that the contract Works can be executed on site but also that the Engineer can approve the contractor’s proposals, detailed designs and intentions in the execution of the contract Works. If the contractor requires any further instructions, details, Contract Drawings

or information drawings to enable him to prepare his Working Drawings or proposals, the contractor shall accept at his own cost, the risk that any work, commenced or which he intends to commence at site may be rejected.

The Engineer, in giving his approval to the Working Drawings, will presume

that any necessary action has been, or shall be taken by the contractor to ensure that the installations shown on the Working Drawings have been cleared with the Main Contractor and any other contractors whose installations and works might be affected.

If the Contractor submits his Working Drawings to the Engineer without first liaising and obtaining clearance for his installations from the Main Contractor and other Contractors whose installations and works might be affected, then he shall be liable to pay for any alterations or modification to his own, the Main Contractor’s or other Contractor’s installations and works, which are incurred, notwithstanding any technical or other approval received from the

Engineer. Working Drawings to be prepared by the Contractor shall include but not be restricted to the following:

a) Any drawings required by the Main Contractor, or Engineer to enable structural provisions to be made including Builder’s Working Drawings or Schedules and those for the detailing of holes, fixings, foundations, cables and paperwork ducting below or above ground or in or outside or below buildings. b) General Arrangement Drawings of all plant, control boards, fittings and

apparatus or any part thereof and of installation layout arrangement of such plant and apparatus. c) Schematic Layout Drawings of services and of control equipment.

d) Layout Drawings of all embedded and non-embedded paperwork, ducts and electrical conduits. e) Complete circuit drawings of the equipment, together with associated circuit description.

f) Such other drawings as are called for in the text of the Specification or Schedules or as the Engineer may reasonably require. Three copies of all Working Drawings shall be submitted to the Engineer for approval. One copy of the Working Drawings submitted to the Engineer for

approval shall be returned to the Contractor indicating approval or amendment therein. Six copies of the approved Working Drawings shall be given to the Contractor for information and distribution to other Contractors carrying out work

associated with or in close proximity to or which might be affected by the

Contract Works. Approved Working Drawings shall not be departed from except as may be approved or directed by the Engineer.

Approval by the Engineer of Working Drawings shall neither relieve the Contractor of any of his obligations under the Contract nor relieve him from correcting any errors found subsequently in the Approved Working Drawings or other Working Drawings and in the Contract Works on site or elsewhere associated therewith.

The Contractor shall ensure that the Working Drawings are submitted to the Engineer for approval at a time not unreasonably close to the date when such approval is required. Late submission of his Working Drawings will not relieve the Contractor of his obligation to complete the Contract Works within the agreed Contract Period and in a manner that would receive the approval of the

Engineer. 1.33 Record Drawings (As Installed) and Instructions During the execution of the Contract Works the Contractor shall, in a manner approved by the Engineer record on Working or other Drawings at site all

information necessary for preparing Record Drawings of the installed Contract Works. Marked-up Working or other Drawings and other documents shall be made available to the Engineer as he may require for inspection and checking. Record Drawings, may, subject to the approval of the Engineer, include

approved Working Drawings adjusted as necessary and certified by the Contractor as a correct record of the installation of the Contract Works. They shall include but not restricted to the following drawings or information:

a) Working Drawings amended as necessary but titled “Record Drawings” and certified as a true record of the “As Installed” Contract Works. Subject to the approval of the Engineer Such Working Drawings as may be inappropriate may be omitted. b) Fully dimensioned drawings of all plant and apparatus

c) General arrangement drawings of equipment, other areas containing plant forming part of the Contract Works and the like, indicating the accurate size and location of the plant and apparatus suitability cross-referenced to the drawings mentioned in (b) above and hereinafter.

d) Routes, types, sizes and arrangement of all pipework and ductwork including dates of installation of underground pipework. e) Relay adjustment charts and manuals.

f) Routes, types, sizes and arrangement of all electric cables, conduits, ducts and wiring including the dates of installation of buried works. g) System schematic and trunking diagrams showing all salient information relating to control and instrumentation.

h) Grading Charts. i) Valve schedules and locations suitability cross-referenced. j) Wiring and piping diagrams of plant and apparatus.

k) Schematic diagrams of individual plant, apparatus and switch and control boards. These diagrams to include those peculiar to individual plant or apparatus and also those applicable to system operation as a whole. l) Operating Instruction

Schematic and wiring diagrams shall not be manufacturer’s multipurpose general issue drawings. They shall be prepared specially for the Contract Works and shall contain no spurious or irrelevant information.

Marked-up drawings of the installation of the Contract Works shall be kept to date and completed by the date of practical or section completion. Two copies of the Record Drawings of Contract Works and two sets of the relay adjustment and grading charts and schematic diagrams on stiff backing shall be provided not later than one month later.

The Contractor shall supply for fixing in sub-stations, switch-rooms, boiler houses, plant rooms, pump houses, the office of the Maintenance Engineer and other places, suitable valve and instructions charts, schematic diagrams of instrumentation and of the electrical reticulation as may be requested by the Engineer providing that the charts, diagrams, etc., relate to installations

forming part of the Contract Works. All such charts and diagrams shall be of suitable plastic material on a stiff backing and must be approved by the Engineer before final printing.

Notwithstanding the Contractor’s obligations referred to above, if the

Contractor fails to produce to the Engineer’s approval, either:- a) The Marked-up Drawings during the execution of the Contract Works or b) The Record Drawings, etc., within one month of the Section or Practical

Completion The Engineer shall have these drawings produced by others. The cost of obtaining the necessary information and preparing such drawings, etc., will be recovered from the Contractor.

1.34 Maintenance Manual Upon Practical Completion of the Contract Works, the Contractor shall furnish the Engineer four copies of a Maintenance Manual relating to the installation forming part of all of the Contract Works.

The manual shall be loose-leaf type, International A4 size with stiff covers and cloth bound. It may be in several volumes and shall be sub-divided into sections, each section covering one Engineering service system. It shall have a ready means of reference and a detailed index.

There shall be a separate volume dealing with Air Conditioning and Mechanical Ventilation installation where such installations are included in the Contract Works. The manual shall contain full operating and maintenance instructions for each

item of equipment, plant and apparatus set out in a form dealing systematically with each system. It shall include as may be applicable to the Contract Works the following and any other items listed in the text of the Specifications:

a) System Description. b) Plant c) Valve Operation

d) Switch Operation e) Procedure of Fault Finding f) Emergency Procedures

g) Lubrication Requirements h) Maintenance and Servicing Periods and Procedures i) Colour Coding Legend for all Services

j) Schematic and Writing Diagrams of Plant and Apparatus k) Record Drawings, true to scale, folded to International A4 size l) Lists of Primary and Secondary Spares.

The manual is to be specially prepared for the Contract Works and manufacturer’s standard descriptive literature and plant operating instruction cards will not be accepted for inclusion unless exceptionally approved by the Engineer. The Contractor shall, however, affix such cards, if suitable, adjacent

to plant and apparatus. One spare set of all such cards shall be furnished to the Engineer. 1.35 Hand-over The Contract Works shall be considered complete and the Maintenance and

Defects Liability Period shall commence only when the Contract Works and supporting services have been tested, commissioned and operated to the satisfaction of the Engineer and officially approved and accepted by the Employer, provided always that the handing over of the Contract Works shall be coincident with the handing over of the Main Contract Works.

The procedure to be followed will be as follows: a) On the completion of the Contract Works to the satisfaction of the Engineer and the Employer, the Contractor shall request the Engineer, at site

to arrange for handing over. b) The Engineer shall arrange a Hand-over Meeting or a series thereof, at site. c) The Contractor shall arrange with the Engineer and Employer for a

complete demonstration of each and every service to be carried out and for instruction to be given to the relevant operation staff and other representatives of the Employer.

d) In the presence of the Employer and the Engineer, Hand-over will take

place, subject to Agreement of the Hand-over Certificates and associated check lists. 1.36 Painting

It will be deemed that the Contractor allowed for all protective and finish painting in the Contract Sum for the Contract Works, including colour coding of service pipework to the approval of the Engineer. Any special requirements are described in the text of the Specifications.

1.37 Spares The Contractor shall supply and deliver such spares suitably protected and boxed to the Engineer’s approval as are called for in the Specifications or in the Price Schedules.

1.38 Testing and Inspection – Manufactured Plant The Engineer reserves the right to inspect and test or witness of all manufactured plant equipment and materials.

The right of the Engineer relating to the inspection, examination and testing of plant during manufacture shall be applicable to Insurance companies and inspection authorities so nominated by the Engineer. The Contractor shall give two weeks’ notice to the Engineer of his intention to

carry out any inspection or tests and the Engineer or his representative shall be entitled to witness such tests and inspections. Six copies of all test certificates and performance curves shall be submitted as soon as possible after the completion of such tests, to the Engineer for his

approval. Plant or equipment which is shipped before the relevant test certificate has been approved by the Engineer shall be shipped at the Contractor’s own risk and should the test certificate not be approved new tests may be ordered by the Engineer at the Contractor’s expense.

The foregoing provisions relate to tests at manufacturer’s works and as appropriate to those carried out at site.

1.39 Testing and Inspection -Installation

Allow for testing each section of the Contract Works installation as described hereinafter to the satisfaction of the Engineer. 1.40 Labour Camps

The Contractor shall provide the necessary temporary workshop and mess-room in position to be approved by the Engineer. The work people employed by the Contractor shall occupy or be about only that part of the site necessary for the performance of the work and the

Contractor shall instruct his employees accordingly. If practicable, W.C. accommodation shall be allocated for the sole use of the Contractor’s workmen and the Contractor will be required to keep the same clean and disinfected, to make good any damage thereto and leave in good

condition. 1.41 Storage of Materials Space for storage will be provided by the Main Contractor but the Contractor will be responsible for the provision of any lock-up sheds or stores required.

Nominated Contractors are to be made liable for the cost of any storage accommodation provided specially for their use. No materials shall be stored or stacked on suspended slabs without the prior approval of the Engineer.

1.42 Initial Maintenance The Contractor shall make routine maintenance once a month during the liability for the Defects Period and shall carry out all necessary adjustments

and repairs, cleaning and oiling of moving parts. A monthly report of the inspection and any works done upon the installation shall be supplied to the Engineer. The Contractor shall also provide a 24 -hour break-down service to attend to faults on or malfunctioning of the installation between the routine visits of

inspection. The Contractor shall allow in the Contract Sum of the initial maintenance, inspection and break-down service and shall provide for all tools, instruments, plant and scaffolding and the transportation thereof, as required for the

correct and full execution of these obligations and the provision, use or

installation of all materials as oils, greases, sandpaper, etc., or parts which are periodically renewed such as brake linings etc., or parts which are faulty for any reason whatsoever excepting always Acts of God such as storm, tempest, flood, earthquake and civil revolt, acts of war and vandalism.

1.43 Maintenance and Servicing After Completion of the Initial Maintenance The Contractor shall, if required, enter into a maintenance and service agreement with the employer for the installation for a period of up to five years from the day following the last day of the liability for Defects Period

which offers the same facilities as specified in Clause 1.41 (Initial Maintenance). The terms of any such agreement shall not be less beneficial to the employer than the terms of Agreements for either similar installation.

The Contractor shall submit with his tender for the works, a firm quotation for the maintenance and service of the installation as specified herein, which shall be based upon the present day costs and may be varied only to take into account increases in material and labour unit rate costs between the time of

tendering and the signing of the formal maintenance and service agreement and which shall remain valid and open for acceptance by the Employer to and including the last day of the fifth complete calendar month following the end of the liability for Defects Period.

1.44 Trade Names Where trade names of manufacturer’s catalogue numbers are mentioned in the Specification or the Bills of Quantities, the reference is intended as a guide to the type of article or quality of material required. Alternate brands of equal

and approved quality will be acceptable. 1.45 Water and Electricity for the Works These will be made available by the Main Contractor. The contractor shall be

liable for the cost of any water or electric current used and for any installation provided especially for their own use by the Main Contractor. 1.46 Protection

The Contractor shall adequately cover up and protect his own work to prevent

injury and also to cover up and protect from damage all parts of the building or premises where work is performed by him under the Contract. 1.47 Defects After Completion

The defects liability period will be six months from the date of completion of the Main Contract as certified by the Engineer. 1.48 Damages for Delay Liquidated and ascertained damages as stated in the Main Contract Agreement

will be claimed against the Main Contract for any unauthorized delay in completion. The Contractor shall be held liable for the whole or a portion of these damages should he cause delay in completion. 1.49 Clear Away on Completion

The Contractor shall, upon completion of the works, at his own expense, remove and clear away all plant, equipment, rubbish and unused materials, and shall leave the whole of the works in a clean and tidy state, to the satisfaction of the Engineer. On completion, the whole of the works shall be delivered up clean, complete and perfect in every respect to the satisfaction of

the Engineer. 1.50 Final Account On completion of the works the Contractor shall agree with the Engineer the

value of any variations outstanding and as soon as possible thereafter submit to the Engineer his final statement of account showing the total sum claimed sub-divided as follows: Statement A - detailing the tender amounts less the Prime Cost and

Provisional Sums, included therein. Statement B - detailing all the variation orders issued on the contract. Statement C - Summarizing Statement A and B giving the net grand total due to the Contractor for the execution of the Contract.

1.51 Fair Wages The Contractor shall in respect of all persons employed anywhere by him in the execution of the Contract, in every factory, workshop or place occupied or

used by him for execution of the Contract, observe and fulfill the following

conditions: a) The Contractor shall pay rates of the wages and observe hours and conditions of labour not less favorable than those established for the trade or industry in the district where work is carried out.

b) In the absence of any rates of wages, hours or conditions of labour so established the Contractor shall pay rates and observe hours and conditions of labour are not less favourable than the general level of wages, hours and conditions observed by other employers whose general circumstances in the trade or industry in which the Contractor is engaged are similar.

1.52 Supervision During the progress of the works, the Contractor shall provide and keep constantly available for consultation on site an experienced English - speaking

Supervisor and shall provide reasonable office facilities, attendance, etc., for the Supervisor. In addition, during the whole of the time the works are under construction, the Contractor shall maintain on site one experienced foreman or charge-hand and an adequate number of fitters, etc., for the work covered by the Specification.

The number of this staff shall not be reduced without the prior written approval of the Engineer. Any instructions given to the Supervisor on site shall be deemed to have been given to the Contractor.

Depending on the scope of coordination works required onsite, the Engineer shall recommend the appointment of a Resident Electrical Engineer, who will be required to be based on site. The Resident Engineer shall be appointed and paid by the Engineer. Provision to be made for the appointment of the

Resident Engineer. One copy of this Specification and one copy of each of the Contract Drawings (latest issue) must be retained on site at all times, and available for reference by the Engineer or Contractor.

1.53 Test Certificates The Contractor shall provide the Engineer with three copies of all test reports or certificates that are or may be required by this Specification.

1.54 Labour

The Contractor shall provide skilled and unskilled labour as may be necessary for completion of the contract. 1.55 Discount to the Main Contractor

No discount to the Main Contractor will be included in the tender for this installation. 1.56 Guarantee

The whole of the work will be guaranteed for a period of twelve (12) months from the date of the Engineer’s certification of completion and under such guarantee the Contractor shall remedy at his expense all defects in materials and apparatus due to faulty design, construction or workmanship which may develop in that period.

1.57 Direct Contracts Notwithstanding the foregoing conditions, the Government reserves the right to place a “Direct Contract” for any goods or services required in the works which are covered by a P.C. Sum in the Bills of Quantities and to pay for the

same direct. In any such instance, profit relative to the P.C. Sum in the priced Bills of Quantities will be adjusted as deserved for P.C. Sums allowed. 1.58 Attendance Upon the Tradesmen etc.

The Contractor shall allow for the attendance of trade upon trade and shall afford any tradesmen or other persons employed for the execution of any work not included in this contract every facility for carrying out their work and also for the use of ordinary scaffolding. The contractor however, shall not be required to erect any special scaffolding for them.

1.59 Trade Unions The contractor shall recognize the freedom of his work people to be members of trade unions.

1.60 Local and other Authorities Notices and Fees The contractor shall comply with and give all notices required by any Regulations, Act or by Law of any Local Authority or of any Public Service, Company or Authority who have any jurisdiction with regard to the works or

with those systems the same are or will be connected and he shall pay and

indemnify the Government against any fees or charges legally demandable under any regulations or by-law in respect of the works; provided that the said fees and charges if not expressly included in the contract sum or stated by way of provisional sum shall be added to the contract sum.

The contractor before making any variation from the contract drawings of specifications necessitated by such compliance shall give the Project Manager written notice specifying and giving the reason for such variation and applying for instructions in reference thereto. If the contractor within seven days of having applied for the same does not receive such instructions, he shall proceed with the works in conforming to the

provision regulation or by-law in question and any variation thereby necessitated shall be deemed to be a variation in accordance to the conditions of contract. 1.61 Assignment or subletting

The contractor shall not without the written consent of the Project Manager assign this contract or sublet any portion of the works, provided that such consent shall not be unreasonably withheld to the prejudice of the contractor. 1.62 Partial Completion

If the Government shall take over any part or parts works, apparatus, equipment etc. then within seven days from the date on which the Government shall have taken possession of the relevant part, the Project Manager shall issue a certificate stating his estimate of the approximate total

value of the works which shall be the total value of that part and practical completion of the relevant part shall be deemed to have occurred, and the Defects Liability Period in respect of the relevant part be deemed to have commenced on the date Government shall have taken possession thereof.

The contractor shall make good any defect or other faults in the relevant part that had been deemed complete. The contractor shall reduce the value of insurance by the full value of the relevant part.

The contractor shall be paid for the part of works taken possession by the Government. 1.63 Temporary Works

Where temporal works shall be deemed necessary, such as Temporary lighting,

the contractor shall take precautions to prevent damage to such works. The contractor shall include for the cost of and make necessary arrangements with the Project Manager for such temporary works. For temporary lighting, electricity shall be metered and paid for by the contract.

1.64 Patent Rights The contractor shall fully indemnify the Government of Kenya; against any action, claim or proceeding relating to infringement of any patent or design rights, and pay any royalties which may be payable in respect of any article or

any part thereof, which shall have been supply by the contractor to the Project Manager. In like manner the Government of Kenya shall fully indemnify the contractor against any such action, claim or proceedings for infringement under the works, the design thereof of which shall have been supplied by the Project Manager to the contractor, but this indemnify shall be apply to the

works only, and any permission or request to manufacture to the order of the Project Manager shall not relieve the contractor from liability should he manufacture for supply to other buyers. 1.65 Mobilization and Demobilization

The contractor shall mobilize labour plant and equipment to site according to his programme and schedule of work. He shall ensure optimum presence and utilization of labour, plant and equipment. He should not pay and maintain unnecessary labour force or maintain and service idle plant and equipment. Where necessary he shall demobilize and mobilize the labour, plant and

equipment, as he deems fit to ensure optimum progress of the works and this shall be considered to be a continuous process as works progress. He shall make provision for this item in his tender. No claim will be entertained where the contractor has not made any provision for mobilization and demobilization of labour, plant and equipment tin the preliminary bills of quantities or

elsewhere in this tender. 1.66 Extended Preliminaries Where it shall be necessary to extend the contract period by the Project Manager the contractor shall still ensure availability on site, optimum labour,

materials, plant and equipment. The contractor shall make provision for extended preliminaries, should the contract period be extended and this shall be in a form of percentage of the total contractor works. Where called upon in the Appendix to these Preliminaries the Contractor shall insert his percentage per month for extended preliminaries that shall form basis for compensation.

Lack of inserting the percentage shall mean that the Contractor has provided

for this requirement elsewhere in the Bills of Quantities. 1.67 Supervision by Engineer and Site Meetings A competent Project Engineer appointed by the Engineer as his representative

shall supervise the Contract works. The Project Engineer shall be responsible for issuing all the site instructions in any variations to the works and these shall be delivered through the contractor with the authority of the Project Manager. Any instructions given verbally shall be confirmed in writing. The Project Engineer and/or the Engineer shall attend management meetings

arranged by the Project Manager and for which the contractor or his representative shall also attend. For the purpose of supervising the project, provisional sums are provided to cover for transport and allowances. The contractor shall in his tender allow for the provision of management meetings and site inspections, as instructed by the Engineer, and also profit and

attendance on these funds. The funds shall be expended according to Project Manager’s instructions to the contractor. 1.68 Amendment to Scope of Contract Works No amendment to scope of Contract works is expected and in case of

amendment or modification to scope of work, these shall be communicated to all tenderers in sufficient time before the deadline of the tender submission. However, during the contract period and as the works progress the Project Manager may vary the works as per conditions of contract by issuing site instructions.

No claims shall be entertained on account of variations to scope of works either to increase the works (pre-financing) or reduction of works (loss of profit-see clause 17.0).

1.69 Contractor Obligation and Employers Obligation The Contractor will finance all activities as part of his obligation to this contract. The employer interim payment for materials and work completed on site as his obligation in this contract, as the work progresses. No claims will be entertained for pre-financing of the project by the Contractor, or for profit

(expectation loss) in case of premature termination, reduction or increase of works as the Contractor shall be deemed to have taken adequate measures in programming his works and expenditure and taking necessary financial precaution while executing the works. No interest shall be payable to the Contractor except as relates to late payment as in the condition of contract

clause 23.3. The contractor shall avail when called upon, insert his price to

compensate for any of the occurrence stated here (premature termination, increase of works), as a percentage of the contract sum in the Appendix to this section. 1.70 APPENDIX TO CONTRACT PRELIMINARIES AND GENERAL CONDITIONS

1. Add to Clause 1.40 There are no labour camps. 2. Add to Clause 1.17

Prices quoted shall include 16% VAT. In accordance with Government policy, the 16% VAT and 3% Withholding Tax shall be deducted from all payments made to the contractor, and the same shall subsequently be forwarded to the Kenya Revenue Authority (KRA). Total for Preliminaries and General

Conditions Carried to Summary Page

PART G PARTICULAR AND TECHNICAL

SPECIFICATIONS OF CCTV INSTALLATIONS

PARTICULAR SPECIFICATIONS OF MATERIALS AND WORKS

I.I Location of site

The locations of the proposed works are at

25 Revenue Points in the County

1.2 Extent of the Works

The works to be carried out include the supply, delivery, installation, testing, commissioning

and leaving in servicing condition the Closed Circuit TV network systems in the proposed

works at County Government of Nyeri Sites as described in this specification. The works

shall include, but not limited to the supply and installation of the following: -

ITEM CONTENTS

1.1 LOCATION OF SITE

1.2 EXTENT OF WORKS

1.3 REGULATION AND STANDARDS

1.4 ELECTRICAL REQUIREMENTS

1.5 TECHNICAL SPECIFICATIONS

1.5.1 FIXED COLOUR TV CAMERA

1.5.2 VIDEO MONITORS

1.5.3 COLOUR VIDEO RECORDERS

1.5.4 CABLES AND CONNECTORS.

1.5.5 UN1NTERRUPTIBLE POWER SUPPLY

Digital Signal Processing Camera

Colour TV Monitors

Colour Digital Multiplexing Video Recorder

1.3 Regulation and Standard

The works shall comply with the provisions of the following as necessary and relevant:

Electric Power Act

Kenya Bureau of Standards (K.E.B.S)

Institution of Electrical Engineers (LE.E) Wiring Regulations

Current recommendation of CCITT and CC1R

1.4 ELECTRICAL REQUIREMENTS

The equipment to be supplied shall be capable of being operated from 240V AC 50Hz power

supply.

1.5 TECHNICAL SPECIFICATIONS FOR CLOSED CIRCUIT COLOUR

TELEVISION SYSTEM

1.5.1 Fixed Colour Digital Television Cameras

Fixed type Colour television cameras shall be located and installed in selected areas as

indicated in clause 1.5.1.2 of this section. They shall be linked to the Television Monitors

and the Control Equipment through CCTV coaxial cables RG59.

The mounting height and position of cameras shall be such that the desired coverage shall be

achieved as distinctly as possible.

The digital signal processing (DSP) camera shall be aesthetically styled. The DSP chip will

enable advanced video processing and manipulation to be carried out in the camera head. The

camera shall be capable of operating at all times, i.e. 24 hours a day.

1.5.1.1 Technical Specifications

The works to be carried out include the supply, delivery, installation, testing, commissioning

and leaving in servicing condition the Closed Circuit TV network as herein described in this

specification. The works shall include, but not limited to the supply and installation of the

following: -

Fixed Color Digital Signal Processing Camera

Color TV Monitors

Color Digital Video Recording multiplexer

The Digital Surveillance system shall support the following: -

Digital based recording system

Support analogue cameras through video server’s adapters

Recording

resolution:

1280 x 1024 pixels for J-PEG, M-PEG and wavelet images

Multi-level password protection and logging facilities

Integrates with access control, burglar control, burglar alarms and fire alarm system

Image compression for remote web live and playback viewing in case of IP

Multi display monitors

Efficient video collection, storage and retrieval.

Advanced and instant search capability

Digitally signed recordings, with audit trails of all operator actions and system event.

At least one Terabyte storage space to provide back up and redundancy

Fully adjustable digital video motion detection with exclusion /inclusion multi regions per

camera.

Automatic daily archiving to hard drive or optical drive.

Infra-red illuminators in poor lighting conditions

Able to interface with other systems on the ground

Support various alarm and subnet options including VSAT, IP, GSM/GPRS and Radio.

1.5.1.2 DAY/NIGHT, WDR, COLOUR MOTORISED CCD PTZ DOME CAMERA

The high resolution Camera shall meet or exceed the following design and performance

specifications: -

1. Image Sensor 1/4-inch

2. Scanning System 2:1 interlaced output

3. Effective Pixels PAL – 724 X 582

4. Horizontal Resolution PAL – >550 TVL

5.

Lens F1.6 (f=3.6-82.8 mm optical, 23X optical zoom, 10X electronic

zoom)

6. Programmable Zoom Speeds 2.9, 4.2, or 5.8 seconds

7. Horizontal Angle of View 54° at 3.6 mm wide zoom – 2.5° at 82.8 mm telephoto

zoom

8. Focus Automatic with manual override.

9. Sensitivity at 35 IRE PAL, color: 0.08 lux at 1/1.5 sec shutter speed

B-W: 0.013 lux at 1/1.5 sec shutter speed

B-W: 0.3 lux at 1/50 sec shutter speed

10. Synchronization System Internal/AC line lock phase adjustable via remote control, V-sync

11. White Balance Automatic with manual override

12. Shutter Speed PAL – 1/1.5-1/30,000

13. Iris Control Automatic with manual override

14. Gain Control Automatic/ off

15. Video Output 1-volt peak to peak, 75 ohms

16. Video Signal-to-Noise >50 dB

17. Type of Lighting Menu selection of indoor or outdoor lighting for optimum camera performance

18. Wide Dynamic Range 80X

19. Motion Detection User-definable motion detection settings for each preset scene; can

activate auxiliary outputs; three sensitivity levels per zone

1.5.1.3 Dome type Video color camera

Type: Varifocal Fixed Dome. Lens sensor: l/3"

Signal system: PAL Standard. Lens focal length 4-9mm DD F 1.6-2.4 Line resolution HD

Backlight Compensation on/off switch Maximum illumination l.2 Lux

Video output 1 V peak-peak PAL compatible Shutter speed Automatic, I/60 to 1/100,000s Tolerance Bright tolerant with minimum blooming

and transfer smear White balance:

Operational temperature ATW range Signal to Nose ratio: Auto Gain Control:

Aperture correction:

Automatic.

-10˚C to -45˚C 3000K – 9000K More than 50 dB On 32dB, off 8dB

Horizontal and vertical

Contrast: Shall feature automatic white balance capable of adjusting for variations in scene lighting for consistent time colors from one scene to the other.

Picture quality: The picture produced shall have minimum lag and image Retention. A continual adjustment feature to facilitate C or CS mount lenses will be incorporated, together

with a side mount plug for direct drive Lenses and screw terminals for auto iris lenses. The camera shall be capable of being line locked with phase adjustment.

Contained under a flap will be a bank of switches which will enable the selection of the following features:

Electronic iris · AGC on/off

Back light compensation

Gamma correction select between 0.45 and 1.0

1.5.1.4

External view (EXview) Video color camera

Type:

Solid state color coupled charged

device (CCD)

Lens sensor: l/3" Interline image format

Line resolution HD. Signal system: PAL Standard.

Maximum illumination 0.5 Lux Video output 1 V peak-peak PAL compatible

Shutter speed Automatic, I/60 to 1/100,000s

Tolerance: Bright tolerant with minimum blooming and transfer smear.

Signal to Nose ratio: More than 50 dB

Auto Gain Control: On 32dB, off 8dB

Aperture correction: Horizontal and vertical

Contrast: Shall feature automatic white balance capable of adjusting for

variations in scene lighting for consistent time colors from one

scene to the

other.

Picture quality:

The picture produced shall have minimum lag and image

Retention. A continual adjustment feature

to facilitate C or CS

mount lenses will be incorporated, together with a side mount

plug for direct drive Lenses and screw terminals for auto iris

lenses. The camera shall be capable of being

line locked with

phase adjustment. Contained under a flap

will be a bank of

switches which will enable the selection of the following

features:

Electronic iris · AGC on/

Back light

Gamma correction select

be

tween 0.45

1.5.5 Lens

The lens shall:

be glass optical vertical 1/3" format with direct driver

operation.

Have a standard CS mount.

Have variable focal length of between 4mm and 9 mm

and aperture of F 1.6 –

2.

4

1.5.6 Mounting Brackets

The Brackets shall: Be suitable for wall or ceiling mounting of a single camera.

Be at least 5.5"length Have an auto lock facility.

1.5.1.7 Camera Housing

The camera housing shall: Be IP66 rated with integral cable management. Be Weatherproof.

Be constructed from aluminum with epoxy coating. 1.5.2 VIDEO MONITORS

The monitor shall be capable of providing high levels of picture quality 10MHz bars visible at low brightness and reliability stable synchronization, black level clamping, low sensitivity and high stability. The monitors shall be high performance color video monitors for monitoring scenes from the above cameras and viewing playback scenes from the video

cassette recorders. The monitors shall be located at places shown on the drawings. The monitor shall give stable and interference free pictures of scenes being viewed. It shall

The unit will be dual standard and be capable of using audio and SVHS in. Full loop through connectors to be provided and monitor to have a metal enclosure for reduced RF interference. 1.5.3 COLOUR DIGITAL VIDEO MULTIPLEXING RECORDER

also conform to the following specifications:

Color system PAL Screen size 42” Resolution HD

Video input

signal 1.0 V pk-pk

Power consumption Not more than 75W

Power input 240V 50HZ

The multiplexing recorder shall be used to record events from the Surveillance TV cameras. It shall have the following

a)

a high performance video

multiplexer and digital video

recorder. b)

Operate, record, playback and multi-screen viewing with at least 50

PPS.

c) With a wave reader software.

d) Provide multi user remote access including remote control of fully functional cameras. The multiplexing recorder shall have the following minimum requirements: -

Ethernet: 10BaseT/ 100BaseT supplied complete with wave reader software.

Should be rack mounted for security

Shall feature time base correction, eliminating the need for external camera synchronization.

Have an Internal CD-writer for archiving purposes

o Recording:- Automatic Priority Control, Interleaved or

exclusive, or none; Programmable

o (Video Motion Detection)VMD

Zones Per camera : 256,16x16 grid.

o Multiscreen

Display : Full, PIP,

Quad, 6, 9, 16 way.

o Fully multitasking - simultaneous

recording whilst playing back

To incorporate four removable hard disk drives, allowing up to 3 months’ storage at 24-

hour record rates S-VHS quality without additional equipment.

Alarm handling inputs 16 N/O or N/C

Hard disk capacity of 1TB expandable to 2TB using 250

GB HDD’S

2 RS485 ports.

Resolution: 700(h) x 550(v) o Time and Date display

False alarm rejection: 3 levels

Power supply: 240 V AC, 50 HZ.

1.5.4 CABLES AND CONNNECTORS All the cabling shall be carried out in conduits or trunking. Basically cables

carrying video signal between cameras and TV monitoring via video control multiplexer equipment shall be coaxial RG 59 cables. The positions for connectors and the equipment’s shall be directed and identified by the Engineer on site. Bidders shall be required to visit the proposed site to ascertain cable routes

and cable lengths before pricing the Bills of Quantities in this document. It shall be the responsibility of the contractor to provide wiring and connection diagrams for approval by the Consulting Engineer.

1.5.5 UNINTERRUPTIBLE POWER SUPPLY (UPS) This shall be an on-line Un-interruptible power supply with output rating of 7.5KVA, 240V, 50HZ single-phase supply. It shall provide power to the security surveillance system in case of power failure and/or maintained power failure for a minimum period of 8 hours.

It shall be microprocessor- based so that both output voltage and frequency are closely regulated and continuously monitored and also provide system diagnostic and shut down protection functions. It shall feature a maintenance by pass to enable

normal routine maintenance operations to be performed without interruptions to the system. It shall be fitted with both visual and audible alarms to indicate any change in equipment

status such as: -

input power problems

ups faults

ups overload

battery discharging

Other parameters are:

Input supply: Power factor: Current limit:

Output voltage: Output voltage tolerance: Output frequency tolerance

240VAC50HZ 0.7 lag at full load 125% of the normal

240V AC 50 HZ 2% : 0.05%

BILLS OF QUANTITIES FOR CCTV SURVEILLANCE SYSTEM

BILL NO. 1 – BILLS OF QUANTITIES - CCTV INSTALLATIONS

AMOUNT

DESCRIPTION (KShs Cts)

Total B/f from Page I- 10 -

True Day-Night capability, without loss of resolution and/or

clarity.

1 User authentication

128-bit encrypted data stream (selectable, for added security) (State make and type, and enclose catalogues)

As above but PTZ IP camera with IP66 housing 25 No.

(State make and type, and enclose catalogues)

1.05 Anodized aluminium brackets, minimum 4mm thickness. 3 No.

1.06

52 inch LED HD screens as Sony, Samsung, LG and to be

approved 2 No

1.07 Wall Mounting Braket (Swivel)

2 No.

1.08 Cat 6E UTP cable in 305M box and as Nexans, Siemon,Giganet

2 Boxes and to be approved.

1.09 termination of the above cable using RJ45 Lot Lot.

1.10b) 12port Cisco Switch as Catalyst 3650 1 No.

1.11 Software Licensing Fees (License to be given to user) 1 Item

1.12 Training: Allow for conducting a 2-week Training on selected staff on the use of the CCTV system, including operational

1 Item proficiency.

Note: The training will only be considered complete after

presenting a signed/stamped form from the client’s authorized

Representative

1.13 Installation, Testing, commissioning and handing over

1 Item Maintenance/Operations Manual for all equipment.

1.14 Any other items to complete the CCTV Installation (please specify)

1.16 42u Free standing perforated data cabinet/rack as APC, Siemon or

No. as approved 1

1.17 Warranty period for Workmanship and Equipment shall be Months

(A minimum of 24 months to be given)

Total for Bill No. 1: CCTV installation for CGN to Summary Page

I- 11

COUNTY GOVERNMENT OF NYERI BILLS OF QUANTITIES FOR CCTV SURVEILLANCE SYSTEM

BILL NO. 2 – BILLS OF QUANTITIES - CCTV INSTALLATIONS ITEM DESCRIPTION QTY UNIT RATE AMOUNT

No. (KShs Cts) (KShs Cts)

Supply, install, test, commission and set to work (To the full satisfaction of all parties to the contract) the following: - Please Note: The system must integrate with the existing one.

Please visit CA headquarters before quoting. Warranty for entire NEW system NOT LESS THAN 24MONTHS

2.01 NVR, Network Video Recorder with the following specs; 1. RAID 5/6, 2. Integrated video management, 3. H.264, MPEG-4 video

compression, 4. Rack mount, 5. 2X4 TB storage, 6. remote

Access, 7. external DVD/CD writer, USB 2.0, 8. PTZ control, 9. 1 No.

CCTV keyboard support, 10. 2 x Gigabit ethernet, 11. Webclient.

32. PoE Capabilities. This from a reputable make and to be

approved.

2.02 IP Video Management System/Software client server for over 1channel per station. To be full VMS. To have Multisite

support, over 5web connections, HD and SD resolution, Support 1 Item for Windows 7/8/10, alarm management, Integration. To integrate

with existing system.

2.03 Cisco Router with support for variety of WAN connections, including xDSL, Ethernet, 3G/4G LTE, and fiber with inbuilt 1 No

Encryption, VPN, firewall, and URL filtering and to be approved.

.

Vandal proof polycarbonate indoor/outdoor dome cover IP PoE digital camera as approved with the following specifications:-

25 No.

2.04a)

3 axis Mini Dome (3600 horizontal x 90

0 vertical)

Powerful MPEG-4 Video compression. Supports up to 30 frames

per second at full HD1080p resolution Bidirectional G.711 and G.726 audio communication

Synchronized full-duplex one channel audio and video

Intelligent bit rate control (flexible for difficult network environments)

Embedded streaming server and embedded Web Server

Motion-detected and event-triggered alarm processing

Sensor-triggered recording and TFP;

One (1) alarm input One (1) relay output 1/3 in. (8 mm) Sony Super HAD CCD

410K CCD Day-Night with IR cut filter varifocal lens 410K CCD standard varifocal lens 270K CCD fixed lens

Total C/F to Page I-13

-

Issued by the Public Procurement Oversight Authority in January, 2007

ITEM

NO DESCRIPTION QTY UNIT RATE (Ksh) Amount(Ksh)

1 80w solar panel 25

2 Maintenance free Battery 25

3 Charge controller 25

4 Inverter 25

5 installation accessories lot

8 ERECTION OF COMMUNICATION MAST AT CHAKA 1

10 GALVANIZED POLE MASTS 25

SECTION VI - SCHEDULE OF REQUIREMENTS PRICE SCHEDULE *The price should be inclusive of all taxes.

Item

Num

ber

Item

Desc

ription

Quantity

if

Applic

able

Basi

c U

nit P

rice

excl

usi

ve o

f all

levie

s

Charg

es

and

oth

er

levie

s/ta

xes

Ple

ase

speci

fy

unit p

rice

incl

usi

ve o

f all

levie

s/ta

xes

Tota

l price

incl

usi

ve o

f all

levie

s/ta

xes

1 Any Other Recurring

Charges (To be specified)

2 Network Security Charges

i One time Installation and

Commissioning

/Configuration Charges

ii Any other charges. (To be

specified) i.e. licenses etc.

3 Any Hardware Charges

i Any required terminal

equipment

ii Three-year manufacturer’s

extended support for each

of the selected brand of

equipment

TOTAL COST inclusive of

taxes (to be carried to

the form of tender)

LOT

Delivery period ( in

weeks)

Signature and stamp of Bidder DATE

SECTION VII - PRICE SCHEDULE FOR GOODS Name of tenderer Tender Number Page of

1 2 3 4 5 6 7

Item Description Country of origin

Quantity Unit price Total Price EXW per item

(cols. 4x5)

Unit price of other incidental

services payable

Signature of tenderer Note: In case of discrepancy between unit price and total, the unit price shall prevail.

SECTION VIII - STANDARD FORMS Notes on the sample Forms

1. Form of Tender - The form of tender must be completed by the tenderer and submitted with the tender documents. It must also be duly signed by duly authorized representatives of the tenderer.

2. Confidential Business Questionnaire Form - This form must be completed by the tenderer and submitted with the tender documents. 3. Tender Security Form - When required by the tender documents the tender shall provide the tender security either in the form included herein or in another format acceptable to the procuring

entity. 4. Contract Form - The Contract Form shall not be completed by the tenderer at the time of submitting the tender. The Contract Form shall be completed after contract award and should incorporate the

accepted contract price. 5. Performance Security Form - The performance security form should not be completed by the tenderers at the time of tender preparation. Only the successful tenderer will be required to provide

performance security in the form provided herein or in another form acceptable to the procuring entity. 6. Bank Guarantee for Advance Payment Form - When Advance

payment is requested for by the successful bidder and agreed by the procuring entity, this form must be completed fully and duly signed by the authorized officials of the bank. 7. Manufacturers Authorization Form - When required by the ender documents this form must be completed and submitted with the

tender documents. This form will be completed by the manufacturer of the goods where the tenderer is an agent.

8.1 FORM OF TENDER Date Tender No. To: [name and address of procuring entity] 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, offer to SUPPLY, INSTALL AND COMMISSION CCTV SURVEILLANCE SYSTEM AT VARIOUS COUNTY STATIONS AND SITES AND ASSOCIATED WORKS 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 deliver install and commission the equipment in accordance with the delivery schedule specified in the Schedule of Requirements. 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 ………………. ……………….( Procuring entity). 4. We agree to abid 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 you may receive. Dated this day of 20 [signature] [in the capacity of] Duly authorized to sign tender for an on behalf of

8.2 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 ………………………………………………….. Signature of Candidate ………………………………..

If a Kenya Citizen, indicate under “Citizenship Details” whether by Birth, Naturalization or registration.

8.3 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

Procuring entity} (hereinafter called “the Procuring entity”) in the sum of …………………….. for which payment well and truly to be made to the said Procuring entity, 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 Procuring entity during 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 Procuring entity up to the above amount upon receipt of its first written demand, without the Procuring entity having to substantiate its demand, provided that in its demand the Procuring entity 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)

8.4 CONTRACT FORM THIS AGREEMENT made the day of 20 between ……………… [name of Procurement entity) of ……….. [country of Procurement entity] (hereinafter called “the Procuring entity) of the one part and …………………….. [name of tenderer] of ………….. [city and country of tenderer] (hereinafter called “the tenderer”) of the other part; WHEREAS the Procuring entity 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 and the Price Schedule submitted by the tenderer (b) the Schedule of Requirements (c ) the Technical Specifications (d) the General Conditions of Contract (e) the Special Conditions of contract; and (f) the Procuring entity’s Notification of Award 3. In consideration of the payments to be made by the Procuring entity to the tenderer as hereinafter mentioned, the tender hereby covenants with the Procuring entity to provide the goods and to remedy defects therein in conformity in all respects with the provisions of the Contract 4. The Procuring entity 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 Procuring entity Signed, sealed, delivered by the (for the tenderer in the presence of (Amend accordingly if provided by Insurance Company)

8.5 PERFORMANCE SECURITY FORM To …………………………………………. [name of Procuring entity]

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]

8.6 BANK GUARANTEE FOR ADVANCE PAYMENT FORM To ……………………………… [name of Procuring entity] [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 Procuring entity a bank guarantee to guarantee its proper and faithful performance under the said Clause of the Contract in 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 Procuring entity on 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 Procuring entity and 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]

8.7 MANUFACTURER’S AUTHORIZATION FORM To [name of the Procuring entity] ………………….

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 a person competent.

8.8 LETTER OF NOTIFICATION OF AWARD

Address of Procuring Entity _____________________ _____________________ To: RE: Tender No. Tender Name This is to notify that the contract/s stated below under the above mentioned tender have been awarded to you.

1. Please acknowledge receipt of this letter of notification signifying your acceptance. 2. The contract/contracts shall be signed by the parties within 30 days of the date of

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

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

of this letter of notification of award. (FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER

8.9 FORM RB 1

REPUBLIC OF KENYA

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION NO…………….OF……….….20……...

BETWEEN

…………………………………………….APPLICANT

AND

…………………………………RESPONDENT (Procuring Entity)

Request for review of the decision of the…………… (Name of the Procuring Entity) of ……………dated

the…day of ………….20……….in the matter of Tender No………..…of …………..20…

REQUEST FOR REVIEW

I/We……………………………,the above named Applicant(s), of address: Physical address…………….Fax

No……Tel. No……..Email ……………, hereby request the Public Procurement Administrative Review

Board to review the whole/part of the above mentioned decision on the following grounds , namely:-

1.

2.

etc.

By this memorandum, the Applicant requests the Board for an order/orders that: -

1.

2.

etc

SIGNED ……………….(Applicant)

Dated on…………….day of ……………/…20…

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Board on ………… day of

………....20….………

SIGNED

Board Secretary