1

Invitation to tenderers: Evaluation Criteria (4):

Have at least one Director and two Technical Supervisors who have been trained on gravel works Labour Based course from Kenya Institute of Highways and Building Technology (KIHBT) or Kisii Training Centre (KTC) 

If director or supervisor has been trained on low volume Labour Based course from Kenya Institute of Highways and Building Technology (KIHBT) or Kisii Training Centre (KTC), do they qualify to bid for gravel works having not trained on gravel works but trained on Low Volume Labour Based course?

All tenders (Gravel & LVS Tenders)

Bidders for gravel roads require the Gravel Training certificates while bidders for LVS roads require the Low Volume Labour Based Training certificates.

2

TDS -ITT 16.7

The Employer will assist in initiating the process of tax exemption certificate for VAT. Bidders should note that the withholding income tax (3%) will apply as per the law.

Are the contracts VAT exempt?

All tenders (Gravel & LVS Tenders)

The contract is NOT VAT exempt until it is granted by Kenya Revenue Authority (KRA). The bidders should include VAT in their Tender as outlined in the form of tender and the Bills of Quantity.

3

01-60-002: Clearance on Completion 01-60-003: Insurance and Securities

The quantity indicated in the BoQ is erroneous

All gravel contracts in Laikipia, Meru and Tharaka Nithi

The error has been corrected.

The unit for both items is “Lumpsum” thus Quantity is one (1).

The revised BoQ is attached as Annex 1 herewith.

4

01-60-007: Provision of site sanitation facility

01-60-006: Drinking Water

The unit in BoQ provided is Lump Sum.

Can it be revised to month, to be same as drinking water?

All tenders (Gravel & LVS Tenders)

The unit has been revised to “Lumpsum”,

as per the specifications.

The revised BoQ is attached as Annex 1 herewith.

5

Bill 9

09-50-004: Traffic Control

Quantity provided for 8 Months which does not match the construction period of 12 months.

All tenders (Gravel & LVS Tenders)

The unit has been revised to “Lumpsum” as per the specifications.

The revised BoQ is attached as Annex 2 herewith.

5b

09-50-004: Specifications

Measurement and Payment

The unit is in months to be changed to lump sum

AFD/EU/LKP/ LVS /1/2023/24

AFD/EU/ME/LVS/1/2023/24

AFD/EU/ TN/LVS/1/2023/24

AFD/EU/LKP/GR/1/2023/24

AFD/EU/LKP/GR/2/2023/24

AFD/EU/LKP/GR/3/2023/24

AFD/EU/ME/GR/1/2023/24

AFD/EU/ME/GR/2/2023/24

AFD/EU/ TN/GR /1/2023/24

AFD/EU/ TN/GR /2/2023/24

Amend to read

Measurement Unit: Lump Sum as a percentage of the physical progress done monthly, upon the approval of the Engineer that satisfactory control measures are in place.

6

Section IX: Special Conditions of Contract GCC 49.1

The clause states that Advance Payments shall be 20% for LVS and 10% for gravel of the Contract Sum and shall be paid to the Contractor no later than [N/A].

Please clarify if advance payment shall be granted for as per the statement?

All tenders (Gravel & LVS Tenders)

Advance Payment shall be paid.

Special Conditions of Contract Clause GCC 49.1 has been reviewed for all tenders to be as follows;

Gravel Road Contracts: The Advance Payments shall be: 10% of the Contract Amount and shall be paid to the Contractor no later than 60 days.

LVS Road Contracts: The Advance Payments shall be: 10% of the Contract Amount and shall be paid to the Contractor no later than 60 days.

7

Section 14: Cement, Lime and Emulsion Treated Subbase & Base

Please clarify if the cement to be used is Ordinary Portland Cement (CEM 1 - 42.5N/mm² complying to KS EAS 18-1)?

AFD/EU/SA/LVSR/03/2023-24

Specifications for cement to be used in Section 14 will be Ordinary Portland Cement (32.5N/mm² mortar strength)

8

16-60-002: Provision of Cold Mix Asphalt

The Bill Item states that “Provide, mix, place and compact Cold Asphalt Mix to include provision and spraying   of Anionic Emulsion bitumen A4-60% tack coat   with 1:6 dilution at a spray rate of 1.0-1.2litres/m2. All inclusive” For purposes of pricing, can the tack coat be separated as an independent bill item as opposed to an all-inclusive item?

All LVS Tenders

The item remains all-inclusive,

as outlined in the specifications.

9

Specifications. Clause 1703(D) -Concrete Works (Class 25/20)

The Specifications indicate concrete Class 25/20 whereas the BoQ in 17-80-007b states as follows;

Provide, place and compact concrete Class 30/20 for the Box Culvert. For purposes of pricing, please clarify the concrete class to use in all Box Culverts

AFD/EU/SA/LVSR/03/2023-24

Concrete class 30/20 will be used on Box Culverts (slabs and walls) and drifts(slab).

The specifications for concrete class 30/20 has been is attached as Annex 3 herewith.

10

Section II: Tender Data Sheet (TDS)

Provide proof of overall financial soundness (attach bank statements, letter of credit & signed and stamped audited accounts for the last 5 years). Can this be revised to 2 or 3 years?

All tenders (Gravel & LVS Tenders)

Proof of overall financial soundness signed and stamped audited accounts has been revised to 3 years. Interested bidders should therefore provide Audited Accounts for the last 3 years. A letter of credit should be current (within 6 months from the date submission) and should be specific to the project.

11

Section II: Tender Data Sheet (TDS)

Clause ITT13.1 (h)

Current Certificate of registration with National Construction Authority in the Category “NCA 6 or 7”.

Can the category please be revised to include NCA 5, 6 &7 for fair competition and broaden the band?

All gravel Tenders

The category remains as NCA 6 or 7.

However, a valid NCA practicing license will be required to be submitted together with the NCA Certificate.

12

Lump sum Items 01-06-002 and 01-06-003

Items 01-06-004 (prime cost sum) and 04-50-010 (provisional sum)

No quantity has been provided

AFD/EU/ TN/LVS/1/2023/24

ITUGURURU KAMAENDE BATCH 1

The Bill of quantities have been revised. The revised BoQ is attached as Annex 1 herewith.

12b

04-50-010 (provisional sum)

No quantity has been provided

AFD/EU/ TN/LVS/1/2023/24

ITUGURURU KAMAENDE BATCH 1

The Bill of quantities have been revised. The revised BoQ is attached as Annex 4 herewith.

12 c

Bill 8 

Some rates have been indicated

13

Bill item 01-08-144 for security (PC Sum)

No quantity has been provided

AFD/EU/ME/GR/1/2023/24

KACHULU - GOTU

The Bill of quantities has been revised and errors corrected. The revised BoQ is attached as Annex 1 herewith.

13b

Bill 8 - items

Some rates have been indicated

AFD/EU/ME/GR/1/2023/24

KACHULU - GOTU

The Bill of quantities has been revised and errors corrected. The revised BoQ is attached as Annex 5 herewith.

14

Lump sum items number 01-06-002, and 01-06-003

Item 01-06-004 (PC sum)

No quantity has been provided

AFD/EU/LKP/ LVS /1/2023/24: MIRERA - MALLE

The Bill of quantities has been revised to indicate the quantities. The revised BoQ is attached as Annex 1 herewith.

15

Lump sum items No.  01-06-002 and 01-06-003

Item 01-06-004 (PC sum)

No quantity has been provided

AFD/EU/ME/LVS/1/2023/24 ISIOLO - MURIRI

The Bill of quantities has been revised to indicate the quantities. The revised BoQ is attached as Annex 1 herewith.

16

Bill of Quantities

Bill no 25

Bill no 26

The quantity indicated in the BoQ is erroneous for lump sum items

AFD/EU/LKP/LVS/1/2023/ 24

AFD/EU/ME/LVS/1/2023/24

AFD/EU/TN/LVS/1/2023/24

AFD/EU/LKP/GR/1/2023/24

AFD/EU/LKP/GR/2/2023/24

AFD/EU/LKP/GR/3/2023/24

AFD/EU/ME/GR/1/2023/24

AFD/EU/ME/GR/2/2023/24

AFD/EU/ TN/GR /1/2023/24

AFD/EU/ TN/GR /2/2023/24

The Unit for this item is “Lumpsum” and thus the quantity is one (1).

The revised BoQ is attached as Annex 6 herewith.

17

Bill of Quantities.

Bill No. 1: Preliminary and General Items

The projects that are in areas that are insecure and will have problems with labour.

We request introduction of an item in Bill 1 for mobilization and setting up camp for the contractor?

All Tenders

Refer to;

Specifications; Section 01: Preliminary and General Items,

Item 01-50-001: Mobilization and Establishment of the site.

18

Bill of Quantities.

Bill No.5: Earthworks

Bill Item 05-50-016

Request for clarification of the Bill Item to avoid ambiguity of works to be undertaken

TENDER No.: AFD/EU/ TN/LVS/1/2023/24 ITUGURURU- KAMAENDE ROAD

For clarity, the description has been amended to read as follows:

Scarify water and compact existing ground (Including ripping off any bituminous material and breaking it into pieces) to at least 95%MDD (AASHTO T180) to a depth of 150mm below ground level.

The revised BoQ is attached as Annex 7 herewith.

19

Bid Guarantee (ITT 21.1)

Clarify if a bank guarantee is applicable as bid security?

If it’s applicable, kindly amend the TDS accordingly

All tenders (Gravel & LVS Tenders)

Bank Guarantee is applicable as a bid security as outlined in the Instruction to Tenderers clause 21.2.

Amend TDS Clause ‘21.1’ and ‘ITT 21.2(d)’ and Qualification Criteria (QC) A (1) by revising the statement

(TDS Clause 21.1) - “A Tender Security shall be required from an insurance company registered and licensed by the Insurance Regulatory Authority”

(QC) A (1) - “A Tender Security shall be a guarantee by an insurance

company registered and licensed by the Insurance Regulatory

Authority and listed by the authority.

N/B This form of tender security (tender bond) is not applicable;

bidders that submit it to be disqualified”

and replace with;

“A Tender Security shall be required and shall be a demand guarantee in any of the forms given under ITT 21.1 at the Tenderer's option”

Delete ITT 21.2(d).

20

Evaluation Criteria

B. Detailed Evaluation Criteria Table 3: 3.2(a)

Participation as contractor, management contractor or subcontractor, in at least Two (2) contracts with a value of at least Kshs. 20Million within the last Five (5) Years that have been successfully and substantially completed and that are similar to the proposed works. The similarity shall be based on the physical size, complexity, methods/technology or other characteristics as described in the Scope of Works)

Request for bidders who have less than 5 years be considered.

All tenders (Gravel & LVS Tenders)

The criteria has not debarred any interested bidder to table his experience if it is less than 5 years. It indicates experience within the last five (5) years.

21

Is there possibility of client doing boreholes in areas of water scarcity e.g.at Gotu and Ilpolei?

AFD/EU/LKP/GR/2/2023/24

AFD/EU/LKP/GR/3/2023/24

AFD/EU/ME/GR/1/2023/24

Please refer to preamble of Bill of quantities item (8).

The contractor is responsible for providing water for construction works

22

Are there Security arrangements in Gortu?

AFD/EU/ME/GR/1/2023/24

Please refer to BoQ item No. 01-80-144

23

Are there security issues in Ilpolei in Laikipia county?

AFD/EU/LKP/GR/2/2023/24

AFD/EU/LKP/GR/3/2023/24

There are no serious insecurity issues in Ilpolei - Kimanjo road in Laikipia County

24

The client needs to confirm on the status of land acquisition in Itugururu - Kamaende Section near the Air Strip

AFD/EU/TN/LVS/1/2023/24

The client through County Government has settled land acquisition issues

25

Form of tender needs the tenderer’s letter head, can the tenderer typeset the form of tender separately due to space?

All tenders (Gravel & LVS Tenders)

It is okay to type set the form of tender as per the instructions. Changing of the format and content will however lead to disqualification.

26

Does the beneficial ownership form need to be submitted during Tendering or after award?

All tenders (Gravel & LVS Tenders)

The Beneficial ownership forms are not to be filled during bidding. They will be submitted upon receipt of intent to enter into contract – (form of tender XX1)

27

Tender No.: AFD/EU/LKP/GR/1/2023/24

Page 65: Bill of Quantities

Section 26- PBRM

Clarify the length of road that will be considered under PBRM.

AFD/EU/LKP/GR/1/2023/24

Section 26- PBRM

Length of road revised to 7 km

27b

Bill item 10.60.001

The bill quantity is different from the one in the implementation plan

AFD/EU/LKP/GR/1/2023/24

The Bill of quantities has been revised to indicate the quantities. The revised BoQ is attached as Annex 8 herewith.

28

Tender No. AFD/EU/ TN/GR /2/2023/24

The road name reads as Matiri - Kamarandi Road in the invitation to tender but Matiri – Kamanyaki in the tender document. Which is correct name of the road?

AFD/EU/ TN/GR /2/2023/24

AFD/EU/ TN/GR /2/2023/24 MATIRI – KAMANYAKI BATCH 1 as per the Tender Document. 

29

Evaluation Criteria

B. Detailed Evaluation Criteria Table 3: 5.1

With regard to the size of the works, can the site agents having a qualification minimum of Higher Diploma with the required training be considered instead of site agent with Bsc Civil Engineering with the required training?

All tenders (Gravel & LVS Tenders)

Item No. 5.1 on Site Agent Qualification given under Table 3 on Technical & Financial Evaluation (Part B of Detailed Evaluation Criteria) is hereby revised to read as follows;

5.1 Site Agent qualification;

Qualification = Diploma in Civil Eng.

General Experience= 5yrs,

Specific Experience = 3 Yrs

30

14-50-001: Provide and Transport to site Cement Stabilizer

14-50-002: Provide and Transport to site Lime Stabilizer

What is the percentage of cement / lime to be used and on what thickness?

AFD/EU/ TN/LVS/1/2023/24 ITUGURURU KAMAENDE

AFD/EU/LKP/ LVS /1/2023/24 MIRERA - MALLE BATCH 1

The percentage of lime and cement to be determined on site by the Engineer.

Thickness of Hydraulic Improve Gravel (HIG) 160 Base is 125mm.

31

14-50-003: Provide and Transport to site Bitumen Emulsion (A4-60)

What is the percentage of emulsion A4/60 to be used and on what is the quantity?

A4-60 will not be used in the base works

32

BOQ repetition of VAT& Contingency in the Gravel roads In Laikipia

There seems to be a repetition on the issues of contingencies and VAT. Please advise on the above-mentioned matter.

AFD/EU/LKP/GR/3/2023/24

AFD/EU/LKP/GR/2/2023/24

The VAT and Contingency component are for Improvement works and Performance based maintenance components of the works

33

Road Name: Sololo Town-Mado Adhi-Wayegodda (4.3 Km)

The following errors noted;

-The title for summary pages read ‘Area 2 Isiolo County

- The BoQ has 4 different summaries. However, the Form of Tender provides for only two spaces to fill in;

i) Improvement Works and

ii) PBRM. Please clarify this disparity

AFD/EU/MA/GR/02/2023-24.

The errors in the document reading Isiolo County have been corrected to read Marsabit County.

The revised BoQ is attached as Annex 9 herewith.

The BoQ for this tender has been prepared into two sections;

1.   Km 0+000 to Km 1+000 (Improvement works and PBRM)

2.   Km 1+000 to Km 3+300 (Improvement works and PBRM)

The total to be forwarded into the Form of Tender should be the sum of the respective improvement works and PBRM for the entire 4.3kms.

34

Road No: C605 – 01C

Road Name: Baragoi-Masikita-Sereolipi (10 Km)

Section VII: Bill Of Quantities

AFD/EU/SA/GR/01C/2023-24

The detailed BoQ for the 30m Non-Vented Drift, 6m wide at Km 29+700 has been added and is attached as Annex 10 herewith.

35

ITT 24.1 submission and opening date

Bidders requested extension of time for submission of bids to allow more time in preparation of bids.

All tenders (Gravel & LVS Tenders)

Submission and Tender Opening has been revised and shall be on or before 5^th March 2024 at 11.00am. The submission location will be at the respective KeRRA Regional Offices

36

Evaluation Criteria

B. Detailed Evaluation Criteria Table 3: 3.1 General Construction Experience

Consideration of the General Construction Experience Period

All tenders (Gravel & LVS Tenders)

Amend Item No. 3.1 on General Construction Experience Qualification given under Table 3 on Technical & Financial Evaluation (Part B of Detailed Evaluation Criteria)

by deleting the statement

“Experience under construction

contracts in the role of contractor,

subcontractor, or management

contractor for at least the last five

(5) years prior to the applications

submission deadline”

and replace with;

“Experience under construction

contracts in the role of contractor,

subcontractor, or management

contractor for at least the last three

(3) years prior to the applications

submission deadline”

37

Evaluation Criteria

B. Detailed Evaluation Criteria Table 3: 3.2(a)

Consideration of the value of similar works of a value of at least KShs. 100 million within the last Five (5)

All Tenders for LVS (Not Applicable to Gravel Works Tenders)

Amend Item No. 3.2 (a) on Specific Construction Experience Qualification given under Table 3 on Technical & Financial Evaluation (Part B of Detailed Evaluation Criteria)

by deleting the statement

“Participation as contractor, management contractor or subcontractor, in at least Two (2) contracts with a value of at least KShs. 100 million within the last Five (5) Years that have been successfully and substantially completed and that are similar to the proposed works. The similarity shall be based on the physical size, complexity, methods/technology or other characteristics as described in the Scope of Works)  

For subcontracted Works the Bidder 

should provide the following: 

·      Award letter of the Main Contract

·      Award letter of the subcontract 

·      Completion letter of the Subcontract

Proof of payment (attach payment certificates and certified bank statements indicating proof of payment) Certified by a Commissioner of Oath”

and replace with;

“Participation as contractor, management contractor or subcontractor, in at least Two (2) contracts with a value of at least KShs. 60 million within the last Five (5) Years that have been successfully and substantially completed and that are similar to the proposed works. The similarity shall be based on the physical size, complexity, methods/technology or other characteristics as described in the Scope of Works)  

For subcontracted Works the Bidder 

should provide the following: 

·      Award letter of the Main Contract

·      Award letter of the subcontract 

·      Completion letter of the Subcontract

Proof of payment (attach payment certificates and certified bank statements indicating proof of payment) Certified by a Commissioner of Oath”

38

Evaluation Criteria

B. Detailed Evaluation Criteria Table 3: 3.2(a)

Consideration of the value of similar works of a value of at least KShs. 20 million within the last Five (5)

All Tenders for Gravel Works (Not Applicable to LVS Tenders)

Amend Item No. 3.2 (a) on Specific Construction Experience Qualification given under Table 3 on Technical & Financial Evaluation (Part B of Detailed Evaluation Criteria)

by deleting the statement

“Participation as contractor, management contractor or subcontractor, in at least Two (2) contracts with a value of at least KShs. 20 million within the last Five (5) Years that have been successfully and substantially completed. and that are similar to the proposed works. The similarity shall be based on the physical size, complexity, methods/technology or other characteristics as described in the Scope of Works)  

For subcontracted Works the Bidder 

should provide the following: 

·      Award letter of the Main Contract

·      Award letter of the subcontract 

·      Completion letter of the Subcontract

Proof of payment (attach payment certificates and certified bank statements indicating proof of payment) Certified by a Commissioner of Oath”

and replace with;

“Participation as contractor, management contractor or subcontractor, in at least Two (2) contracts with a value of at least KShs. 10 million within the last Five (5) Years that have been successfully and substantially completed. 

For subcontracted Works the Bidder 

should provide the following: 

·      Award letter of the Main Contract

·      Letter of the subcontract 

·      Completion letter of the Subcontract

Proof of payment (attach fully signed and stamped payment certificates

39

Special specification Cl 25-50-002

Measurement and Payments for Environmental & social Mitigation

A tool to measure Compliance has been introduced 

All Tenders

special specifications clause 25-50-002 add Environmental and social Impact compliance tool as Annex 11 herewith