NATIONAL GOVERNMENT CONSTITUENCIES

DEVELOPMENT FUND
SOTIK NG-CDF

TENDER NO. STK/NG-CDF/005/2022-2024

TENDER FOR BUILDING, CONSTRUCTION AND

ASSOCIATE WORKS.

CLOSING DATE: THURSDAY 2ND MARCH, 2023

AT 11.30 A.M.

Serial No. …………...

 TABLE OF CONTENTS

PAGE

SECTION I INVITATION TO TENDER……………………. 3

SECTION II : INSTRUCTIONS TO TENDERERS……………. 4

SECTION III : LETTER OF APPLICATION……………………. 10

SECTION V : STANDARD FORMS…………………………… 12

5.1 GENERAL INFORMATION.…...……… 13

5.2 GENERAL EXPERIENCE RECORD…... 14

5.3 SUMMARY SHEET……………………... 15

5.4 FINANCIAL CAPABILITIES…………… 16

5.5 LITIGATION HISTORY………………… 17

5.6 TENDER QUESTIONEER/

TENDER FORM…………………………. 18

5.7 FORM OF TENDER……………………… 19

5.8 CONFIDENTIAL BUSINESS

QUESTIONNAIRE FORM……………….. 20

5.9 CONDITIONS OF TENDERING………… 21

5.10 TENDER COMMITMENT

DECLARATION FORM……………….….. 22
 SECTION I-INVITATION TO TENDER

Reference: STK/NG-CDF/005/2022-2024

TENDER NAME: TENDER FOR BUILDING, CONSTRUCTION AND ASSOCIATE WORKS.

Sotik NG-CDF invites closed tenders for supply and delivery of various items for financial year 2022-2024

Interested eligible candidates may obtain further information from and inspect the tender documents at
Sotik NG-CDF Office during normal working hours.

Tenderers will be required to pay in advance a non-refundable tender fee of Kshs 500 per set of tender
document payable in cash at the Sotik NG-CDF office for which a receipt will be issued or a bankers
cheque payable to Sotik sub county National Government treasury

Tenderers must read all the instructions carefully and ensure all requirements are fulfilled failure to
which the bid will be considered unresponsive.

Completed tender documents are to be enclosed in plain sealed envelopes marked with the Tender
Number only and must be deposited in the Tender Box and be addressed to

FUND ACCOUNT MANAGER

SOTIK NG- CDF

P.O BOX 866, SOTIK

So as to reach him on or before 2ND MARCH, 2023 at 11:30 AM

Prices quoted should be net inclusive of all taxes, must be in Kenya Shillings and should remain valid for
120 days.

Tenders will be opened immediately thereafter in the presence of candidates’ representatives who
choose to attend.

NOTE:

Sotik NG-CDF reserves the right to accept or reject any tender in part or whole without giving any
reason thereof and does not bind itself to accept the lowest or any tender
SECTION II - INSTRUCTIONS TO CANDIDATES

Table of Contents

Page

2.0 Specific Instruction to tender Category… ......................... 5

2.1 Scope of tender ................................................... 5

2.2 Submission of applications…………………………………….. 6
2.3 Eligible Tenderers……………………………………………… 6
2.4 Qualification criteria…………………………………………… 6
2.5 Updating prequalification information/ Modification to tender
Document ........................................................... 7

2.6 Standards… ......................................................... 7

2.7 Confidentiality / Use of contract document information .............. 8

OTHER INFORMATION TO TENDERER

2.8 The Tenderer… .................................................... 8

2.9 Documents… ....................................................... 8
2.10 Communication.................................................... 8
2.11 Liability................................................................ 8
2.12 Validity ................................................................ 8
2.13 Acceptance / Rejection………………………………………….. 9

2.14 Successful Tenderers……………………………………………… 9

2.15 Compliance with given Conditions… ................................ 9

SECTION II INSTRUCTIONS TO CANDIDATES

2.0 SPECIFIC INSTRUCTION TO TENDER CATEGORY

2.0.1 Ensure all the documents attached to your tender documents are completely filled and
Signed particularly the following forms

 S31 Form of Tender

 S32 Tender Document
 S33 Confidential Business Questionnaire
 S34 Conditions of Tendering

2.0.2 The following documents must be attached to your tender document as a proof of qualification
for the award

 Registration of Business Certificates

 PIN Registration
 Registration of Business Premises
 VAT Registration Certificate
 Registration as a building contractor with ministry National construction authority
 Copies of financial statements & Audited Accounts or Financial Reports
 Youths, Women and Persons with disabilities must provide certificate of registration and AGPO
 Proof of Fiscalised Tax registers / ETR Compliance or KRA Turnover Tax certificate
 Copy of MR Receipt for purchase of tender document

2.0.3 All prices quoted must be inclusive of the taxes applicable where applicable, packaging, delivery
costs and any other incidental cost, product brands, manufacturer or origin must be clearly
indicated for consideration for the award.

2.0.4 Details of registered business premises or offices must be indicated for verification
2.0.5 Failure to comply with any of these requirements will lead to disqualification of the tender.

2.1 Scope of Tender

2.1.1 The Bomet County National Government hereinafter referred to as the procuring entity intends
to prequalify contractors for the following Construction, repair and maintenance of Government
offices and residential houses in the Sub-Countys. It is expected that prequalification
applications will be submitted to be received by the procuring entity not later than 2ND MARCH,
2023 at 11:30 AM

2.2.1 Introduction

The contract is for construction, repairs and maintenance works for Government Offices and
Estates throughout the Sub-County.

The Sub-County intends to contract contractors currently registered with the National and
Construction Authority to be providing annual maintenance services to government estates
throughout the Sub-County whenever they are required

Note: Schedule for various works to be carried out are attached but is not conclusive others
may be included from time to time.”

2.2.2 Prequalification is open to all eligible firms.

2.2.3 General information on the actual works will be provided to all successful tenderers during the
contracting stage in the tender documents

2.2 Submission of Application

Applications for prequalification shall be submitted in sealed envelopes marked with the tender name
and reference number and deposited in the tender box at (address and location) or be addressed to
 FUND ACCOUNT MANAGER

SOTIK NG-CDF,
P.O BOX 866

SOTIK

To be received on or before 2ND MARCH, 2023 at 11:30 AM

2.2.1 All the information requested for prequalification shall be provided in the English language.
Where information is provided in any other language, it shall be accompanied by a translation of
its pertinent parts into English language. The translation will govern and will be used for
interpreting the information.

2.2.2 Failure to provide information that is essential for effective evaluation of the applicant’s
qualifications or to provide timely clarification or sub substantiation of the information supplied
may result in the applicant’s disqualification.

2.3 Eligible Candidates

2.3.1 This invitation for pre-qualification is open to all candidates who are eligible as defined in
Kenya’s Public Procurement Law and regulations and as indicated in the appendix to instructions
to candidates.

2.3.2 The procuring entity’s employees, committee members, board members and their relative
(spouse and children) are not eligible to participate in the tender unless where specially allowed
under section 66 (11) of the Act.

2.3.3 All terms found capable of performing the contract satisfactorily in accordance to the set
prequalification criteria shall be pre-qualified.

2.4 Qualification Criteria

2.4.1 Pre-qualification will be based on meeting the minimum requirements to pass in the criteria set
as shown below. The declaration will be either pass or fail regarding the applicant’s general and
particular experience, personnel and equipment capabilities and financial position as
demonstrated by the applicant’s response in the forms provided in Section IV and submitted
 with the letter of application. The procuring entity reserves the right to waive minor deviations
if they do not materially affect the capability of an applicant to perform the contract.

2.4.2 When highly specialized inputs (especially for execution of the contract) are required by the
applicant from specialist sub-contractors, such subcontractors and their inputs shall be
described in the Standard Form 1 (General Information)

2.4.3 General Experience. The applicant shall meet the following minimum criteria
(a) Average annual turnover as main contractor

(b) Successful experience as contractor in execution of at least three

2.4.4 Personnel capabilities. The applicant must have suitably qualified personnel to fill the following
position in schedule with format as below to be attached to the tender document.

Position Total experience In similar works As manager of similar

(years) (years) works (years)

2.4.5 Equipment capabilities. The applicant should own, or have assured access (through hire, lease,
purchase agreement, availability of manufacturing equipment, or other means) the following
key items of equipment in full good working order, and must demonstrate that, based on known
commitments they will be available for use in the proposed contract. The applicant may also list
alternative equipment that it would propose for the contract together with an explanation of
the proposal

2.4.6 Financial position - The applicant shall demonstrate that it has access to, or has available, liquid
assets. Attach copies of latest bank statements, audited Account statements and financial cash
flow.

2.4.7 Litigation history - The applicant should provide accurate information on any litigation or
arbitration resulting from contracts completed or under its execution over the last five years. A
 consistent history of awards against the applicant or any partner of a joint venture may result in
failure of the application.

2.5 Updating Pre-Qualification Information

2.5.1 Pre-qualified candidates shall be required to update the financial information used for pre-
qualification at the time of submitting their bids and to confirm their continued compliance with
the qualification criteria. A bid shall be rejected if the applicant’s qualification thresholds are no
longer met at the time of bidding.

2.5.2 The tender committee may at its own initiative or in response to an inquiry by a candidate
having purchased, modify the tender document by issuing an addendum, which becomes an
integral part of the tender document and this will promptly be communicated to all other
candidates who shall have purchased the tender document.

2.6 Standards

2.6.1 The services provided under this contract shall conform to the standards mentioned in the

Scope of works

2.7 Confidentiality Use of Contract Document and Information

2.7.1 The candidate shall not, without the respective tender committee’s prior written consent,

disclose the contract, or any provision thereof, or any specification, plan drawing, pattern,

sample, or information furnished by or on behalf of the tender committee in connection

therewith, to any person other than a person employed by the tenderer in the performance

of the contract.

2.7.2 The tenderer shall not, without the respective tender committee’s prior written consent,

makeuse of any document or information enumerated in paragraph 5 above.

2.7.3 Any document, other than the contract itself, enumerated in paragraph 10 shall remain the

property of the respective tender committee and shall be returned (all copies) to the tender
committee on completion of the tenderer’s performance under the contract if so required.

Other information to tenderers

2.8.0 The tenderer

2.8.1 The tenderer is the person, company, agency or firm of contractors who/, which undertakes to
supply the goods or perform the services, described in the tender documents. The signatory must be a
recognized official in the company and be authorized to sign on its behalf.

2.9 Documents
2.9.1 The tenderer should retain one set for his records and return the other set in accordance with
these conditions.
2.9.2 The tenderer is required to check the number of pages of the documents accompanying the
form of tender. Should he/she find any missing or any figure indistinct, or should he/she be in
doubt about the precise meaning of any item/ figure, for any reason whatsoever he/she must
inform the tender issuing office at once and have the matter rectified as required.
2.9.3 The Tenderer’s signature to this document and to all other documents, as required, which
accompany the form of tender, shall indicate the he/she fully understands their contents and
that he/she accepts all the conditions stated/ implied therein.
2.9.4 The form of tender must be properly signed in ink, dated and witnessed and musty accompany
any other documents concerned with the tender. The tender form will not be accepted unless
correctly submitted on the approved form. They must be posted to the address given or
deposited in the locked tender box at the District Commissioner’s office.
2.9.5 Any tender received later than this appointed time and date, irrespective of the cause of delay,
will be rejected.

2.10 Communication
2.10.1 There shall be no verbal variation in regard to a tender once submitted. Should an error be
made it may be corrected in writing before the closing date and should be submitted in a plain
sealed envelope. No amendments will be entertained after the closing date.
2.10.2 All correspondences with the tenderers will be sent to the address shown on the forms of
tender by post or if overseas by telex or cable as appropriate.
2.11 Liability

2.11.1 No liability will be admitted nor claim allowed for error in the tender owing to mistakes in
those documents, which should have been rectified in the manner described above.

2.12 Validity
2.12.1 Tenders shall remain valid for at least 90 days from the final date of acceptance, but this date
may be extended by mutual consent. No tender may be withdrawn during this period. Any
tenderer who withdraws a tender before awards will forfeit the tender security/ bid bond
2.13.1 Acceptance / Rejection
2.13.1 The Government reserves the right to accept or reject any tender either wholly or in part and
does not bind itself to accept the lowest or any tender or give reasons for rejection.
2.14 Successful Tenderers
2.14.1 A letter of acceptance will be sent to the successful tenderers in respect of the whole or that
part of his tender, which has been accepted, within the validity period. The letter is NOT an
authority for him / her to supply or undertake the services stated. Unsuccessful tenderers will
also be notified at the same time.
2.15 Compliance with given Conditions
2.15.1 If the tenderer does not comply in every way with all the stipulated conditions, his tender shall
be liable to automatic rejection.

Tenderer’s name……………………………Witness’s name……………………………

Address…………………………………….. Address…………………………………….
Signature……………………………………Signature…………………………………..
SECTION III - LETTER OF APPLICATION

Date ……………………………

To ……………………………………………

Ladies and/or Gentlemen

1. Being duly authorized to represent and act on behalf of (name of firm)

(hereinafter referred to as “the Applicant” ), and having reviewed and fully understood all of the pre qualification
information provided, the undersigned hereby apply to be prequalified by yourselves as a bidder for the following
contract(s) under (Tender No. and Tender name)

2. Attached to this letter are copies of original documents defining

(a) the Applicant’s legal status

(b) the principal place of business and
(c) the place of incorporation (for applicants who are corporations), or the place of
registration and the nationality of the owners (for applicants who are partnerships or
individually-owned firms).

3. Your Agency and its authorized representatives are hereby authorized to conduct any inquiries or
investigations to verify the statements, documents, and information submitted in connection with this application,
and to seek clarification from our bankers and clients regarding any financial and technical aspects. This letter of
Application will also serve as authorization to any individual or authorized representative of any institution
referred to in the supporting information, to provide such information deemed necessary and as requested by
yourselves to verify statements and information provided in this application, such as the resources, experience,
and competence of the Applicant.

4. Your Agency and its authorized representatives may contact the following persons for further information.

General and managerial inquiries

Contract 1 Telephone 1
Contract 2 Telephone 2

Technical inquiries

Contract 1 Telephone 1

Contract 2 Telephone 2

5. This application is made with the full understanding that:

(a) bids by prequalified applicants will be subject to verification of all information submitted for
prequalification at the time of bidding.
(b) Your Agency reserves the right to:
 amend the scope and value of any contracts bid under this project; in such event, bids will
only be called from prequalified bidders who meet the revised requirements; and
 reject or accept any application, cancel the prequalification process, and reject all
applications
(c) your Agency shall not be liable for any such actions and shall be under no obligation to inform the
Applicant of the grounds for them

1. We confirm that if we bid, that bid, as well as any resulting contract, will be:

(a) signed so as to legally bind all partners, jointly and severally; and
(b) submitted with a joint venture agreement providing the joint and several liability of all partners
in the event the contract is awarded to us.

2. The undersigned declare that the statement made and the information provided in the duly
completed application are complete, true, and correct in every detail.
Signed Signed

Name Name

For and on behalf of (name of Applicant ) For and on behalf of (name of partner)
SECTION IV - STANDARD FORMS

Application Form 1 - General information 13

Application Form 2 - General Experience Record 14

Application Form 4 - Summary sheet 15

Application Form 7 - Financial Capability 16

Application Form 8 - Litigation History 17

Form of Tender 36 - Confidential Business Questionnaire 37

Conditions of Tendering 38 - Tender Declarations 38

APPLICATION FORM (1)

GENERAL INFORMATION

1. Name of firm

2. Head office address

3. Telephone Contact

4. Fax E-mail

5. Place of incorporation/registration Year of incorporation/registration

Nationality of owners

Name Nationality

1.

2.

3.
4.

5.
APPLICATION FORM (2)

GENERAL EXPERIENCE RECORD

Name of Applicant

Annual turnover data (Construction only)

Year Turnover Kshs.

1.

2.

3.

4.

5.
APPLICATION FORM (4)

SUMMARY SHEET: CURRENT CONTRACT

COMMITMENTS/WORK IN PROGRESS

Name of Applicant

Name of contract Value of outstanding work Estimated completion date

Kshs.

1.

2.

3.

4.

5.
6.

APPLICATION FORM (7)

FINANCIAL CAPABILITY
Name of Applicant or partner of a joint venture

Banker Name of banker

Address of banker

…………………………………………………………………………

Mobile Contact name and title

Fax E mail

Financial Actual : Projected:

information in
Kshs. previous five years next two years

1. 2. 3. 4.
1. Total assets

2. Current assets

3. Total
liabilities

4. Current
liabilities

APPLICATION FORM (8)

LITIGATION HISTORY

Name of Applicant
Applicants, including each of the partners of a joint venture, should provide
information of any history of litigation or arbitration resulting from contracts
executed in the last five years or currently under execution (Instructions to
Applicants, para. 4.8). A separate sheet should be used for each partner of a joint
venture.

Year Award FOR or Name of client, cause of litigation, and Disputed amount
AGAINST matter in dispute (current value Kshs.)
Applicant
 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 deliver, install and commission (
…………………………………………… (insert equipment description) in conformity with the said
tender documents for the sum of.......................................................................... (total tender
amount in words and figures) or such other sums as may be ascertained in accordance with the
Schedule of Prices attached herewith and made part of this Tender.

2. We undertake, if our Tender is accepted, to deliver install and commission the goods
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 abide by this Tender for a period of …… [number] days from the date
fixed for tender opening of the Instructions to tenderers, and it shall remain binding upon us
and may be accepted at any time before the expiration of that period.

5. This Tender, together with your written acceptance thereof and your notification of
award, shall constitute a Contract, between us. Subject to signing of the Contract by the
parties.

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

Dated this day of 20

[signature] [in the capacity of]

Duly authorized to sign tender for an on behalf of

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.
 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)

TENDER COMMITMENT DECLARATION FORM

1. I certify that the document has been filled correctly, witnessed and signed as required
and all information is true, the required documents are also attached to the tender
document.

2. We/I undertake to abide by all government procurement procedures applicable under

this contract

3. This company or tenderer is in no way related to any civil servant or owned by the
same.

4. No inducement has been offered to any member of the procuring unit by the tenderer
for consideration of the tender.

Tenderer’s Name…..………………………………………………………………….

ID Number…………………………………………………………………….……….

Signature………..…………………………….………………………………………..

Witness Name………………………………………………………………………….

ID Number……………………………………………………………………………..

Signature……………………………………………………………………………….

Stamp & Date…………………………………………………