addressed to (procurement entity’s name and address) so as to be received on or before (day, date and time). 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 Officer) For (Accounting Officer/Procuring Entity) SECTION II - INSTRUCTIONS TO TENDERERS TABLE OF CLAUSES CLAUSE NUMBERS PAGE DESCRIPTION GENERAL Definitions ………………………………………………… 6 Eligibility and Qualification Requirements ……….. 6 Cost of Tendering ……………………………………….. 7 Site Visit ………………………………………………….. 8 TENDER DOCUMENT Tender Documents …………………………………….. 8 Clarification of Tender Documents ………………… 9 Amendments of Tender Documents ……………… 9 PREPARATION OF TENDER Language of Tender …………………………………… 10 Documents Comprising the Tender ……………….. 10 Tender Prices …………………………………………… 10 Currencies of Tender and Payment ……………….. 11 Tender Validity …………………………………………. 12 Tender Surety ………………………………………….. 12 No Alternative Offers ………………………………….. 13 Pre-tender meeting …………………………………….. 16. Format and Signing of Tenders ……………………… 14 SUBMISSION OF TENDERS Sealing and Marking of Tenders ………………… 14
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 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. 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 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. TENDER DOCUMENTS Tender Documents The Tender documents comprise the documents listed here below and should be read together with any Addenda issued in accordance with Clause 7 of these instructions to tenderers. Form of Invitation for Tenders Instructions to Tenderers Form of Tender Appendix to Form of Tender Form of Tender Surety Statement of Foreign Currency Requirements Tender and Confidential Business Questionnaires Details of Sub contractors Schedules of Supplementary Information General Conditions of Contract – Part I Conditions of Particular Application – Part II Specifications Bills of Quantities Drawings
Engineer’s Duties and Authority 2.1 (b) The Engineer shall obtain specific approval of the Employer before taking any of the following actions specified in Part I: Consenting to the sub-letting of any part of the Works under clause 4. Certifying additional cost determined under Clause 12 (iii) Determining an extension of time under Clause 44 Issuing a variation under Clause 51 except in an emergency situation as reasonably determined by the Engineer. Fixing rates or prices under clause 52 4 Assignment and Subcontracting 4.1 Delete the second and sentence and substitute: No single subcontract may be for more than 10 percent of the Contract Price nor shall the sum of all subcontracts exceed 25 percent of the Contract price. No one subcontractor may be awarded subcontracts to a total value greater than 10 percent of the Contract Price. All subcontracts greater than 2 percent of the Contract Price are to have the prior consent of the Engineer. The Contractor shall however, not required such consent for purchases of materials or to place contracts for minor details or for any part of the Works of which the manufacturer of supplier is named in the Contract. Any such consent shall not relieve the Contractor from any liability or obligation under the Contract and he shall be responsible for the acts, defaults and neglects of any subcontractor, his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Contractor, his agents, servants or workmen. 5 Contract Documents 5.1 (a) The language governing this Contract shall be English. The “Ruling Language” which shall be used to interpret this Contract shall be English. Communication between the Contractor and Engineer or Engineer’s representative shall be in English. (b) The law applicable to this Contract shall be the laws of the Republic of Kenya. Except to the extent otherwise provided by the Contract, the Kenyan courts shall have exclusive jurisdiction to hear and to determine all actions and proceedings in connection
The Contractor shall, in accordance with the Workman’s Compensation Act Chapter 236 of the laws of Kenya and any other regulations in force from time to time in Kenya ,pay compensation for loss or damage suffered in consequence of any accident or injury or disease resulting from his work to any workman or other person in the employment of the Contractor or any sub-contractor. Labour Standards The Contractor shall comply with the existing local labour laws, regulations and labour standards. The Contractor shall formulate and enforce an adequate safety program with respect to all Work under this Contract, whether performed by the Contractor or his sub-contractors. The Contractor has assurance from the Employer of cooperation where the implementation of these safety measures requires joint cooperation. Upon written request of the Employer the Contractor will remove or replace any of his employees employed under this Contract. 34.8 Recruitment The Contractor shall not induce personnel of the employer or the Engineer to leave their regular employment and shall not, without the prior consent in writing of the Employer, employ personnel who have resigned from such service within the preceding twelve months. Add the following subclauses 35.2 and 35.3:- The Contractor shall maintain such records and make such reports concerning safety, health and welfare of persons and damage to property as the Engineer may from time to time prescribe. The Contractor shall report to the Engineer details of any accident as soon as possible after its occurrence. In the case of any fatality or serious accident, the Contractor shall, in addition, notify the Engineer immediately by the quickest available means. The Contractor shall also notify the relevant authority(s) whenever such report is required by the law. Commencement and Delays