Proposed construction of Mbujani water pan, Kasemeni, Kinango Constituency, Kwale County

What is being bought

Construction of the Mbujani water pan at Kasemeni, Kinango Constituency, Kwale County, under an open tender restricted to AGPO youth-owned firms. The reviewed pages give no contract value or quantities beyond the Bills of Quantities summary, whose totals are blank.

Key facts

Closing

Tue 10 Nov 2026, 10:00 am
Tenders must be delivered to the address on or before this date and time. The portal shows the same closing date and time. The TDS gives the date but no time. D1 p.2

Bid / tender security

Tender security of KES 65,000.00 in the form of a valid bank guarantee on the PPRA prescribed template, submitted as an original in a plain sealed envelope marked with tender name and number, addressed to the Accounting Officer, and dropped in the tender box on or before the closing day. Under the standard rule it must remain valid 30 days beyond the tender validity period. The invitation and TDS wording differ on the amount in words. Conflicting D1 p.29

Tender fee

Tender documents may be downloaded free of charge. No fee is stated for hard copies. D1 p.2

Site visit

Optional
No pre-tender site visit is scheduled (TDS says N/A). Visiting the site is encouraged at the tenderer's own cost and risk. D1 p.28

Pre-bid meeting

Not stated in the documents we reviewed Not stated

Reserved for

Reserved to youth-owned firms (AGPO youth). The portal also lists the reserved group as youth. D1 p.2

Contract value

Not stated in the documents we reviewed Not stated D1 p.2

Tender opening

Tenders are opened in public immediately after the deadline, at the Procurement Office, County Treasury, Kwale. Tenderers' representatives may attend. D1 p.29

Tender validity

Tenders are valid for 126 days. The invitation counts from the opening date, but ITT 18.1 counts from the submission deadline. See conflict. Conflicting D1 p.2

Who can apply

• Tendering is open only to qualified and interested AGPO youth-owned firms, as stated in the invitation and the portal listing. D1 p.2

Application checklist

Tick items off as you prepare. Your ticks stay on this device only.

Required from every bidder

• Valid certificate of incorporation or business registration with CR12 dated not earlier than one month before tender submission, plus clear copies of both sides of national ID cards or passports of the directors. D1 p.34
• Valid tax compliance certificate from the Kenya Revenue Authority. D1 p.34
• Valid NCA8 certificate for water works (minimum) and a valid NCA8 practicing licence for water works (minimum), listed as a preliminary requirement. See conflict: ITT 3.12 says NCA registration is not a condition for tender. Conflicting D1 p.34
• Copy of a relevant and valid Single Business Permit from County Government of Kwale, which must be attached as a clear PDF copy. D1 p.34
• Bid security in the form of a bank guarantee (see bid_security item for amount and rules). D1 p.34
• Colored bank reference letter on the bank letterhead, signed and dated within the tender period. D1 p.34
• Sworn affidavits confirming the firm does not engage in corrupt and fraudulent practices, and stating litigation history. D1 p.34
• Valid AGPO certificate for youth. D1 p.34
• Written confirmation of signing authority: a valid power of attorney drawn by a Commissioner of Oaths, attached to the tender. D1 p.29
• Audited financial reports for the last two years, certified by a registered and practising auditor and signed by a company director. The evaluation appendix lists these as required for the financial situation. D1 p.36

Experience, licences and financial capacity

Technical

• Site engineer with a minimum degree in civil or water engineering; CVs and academic and professional certificates required for key personnel. D1 p.35
• Site foreman with a minimum diploma in civil or water engineering. D1 p.35
• Mason with a Grade 3 trade test certificate for masonry. D1 p.35
• Key equipment with proof of ownership or lease, including a tipper of at least 10 tonnes payload (1 unit), pick-up (1), concrete mixer (1) and poker vibrator (1). Lease agreements need logbooks or receipts. D1 p.36
• Similar works experience in construction of dams, water pans or earthworks is scored, with works of Ksh 8M and above scoring 9 marks each. Works under 2M are not considered. Documents needed: experience letter, LSO or contract, and completion certificate. D1 p.35
• Method statement and signed and stamped work schedule are scored. D1 p.36

Financial

• Access to or availability of liquid assets, lines of credit or other finance sufficient for the construction cash flow of KES 9,000,000.00 (Section III). The appendix states KES 5,000,000.00 instead. Conflicting D1 p.32
• Minimum average annual construction turnover of KES 35,000,000.00 over the last 3 years (Section III). The appendix states KES 25,000,000.00 instead. Conflicting D1 p.32
• At least 3 similar contracts completed as prime contractor, JV member or subcontractor, each of minimum KES 11,000,000.00 (Section III). The appendix states KES 6,000,000.00 instead. Conflicting D1 p.33
• Bank statements for the last two years, certified by the bank, are scored under financial resources. D1 p.36

How and where to submit

• Hard copy submission: a plain sealed envelope marked with the tender name and tender number, addressed to the Accounting Officer, Executive Services Finance and Economic Planning, and dropped in the tender box at the front of the Procurement Office, County Treasury, Kwale. D1 p.29
• Submission address: County Department of Finance and Economic Planning, Kwale County Treasury Building, P.O Box 4-80403, Kwale, Chief Officer, opposite Kwale Police post. D1 p.29
• One original marked ORIGINAL plus copies marked COPY. The number of copies is set in the TDS, but the reviewed TDS does not state it. Standard rule D1 p.19
• Tender sealed in a single envelope with separate sealed inner envelopes marked ORIGINAL and COPIES, each bearing the procuring entity name and address, the tenderer name and address, and the tender name and reference number. Standard rule D1 p.19
• Invitation says tender must be submitted in pdf format with pages in sequence. Evaluation appendix says scan and upload into PDF. The TDS requires hard copy. See conflict. Conflicting D1 p.2
• Clarification requests must be in writing to the procuring entity address and reach it no later than Thursday 5 November 2026. D1 p.28

Lots and categories

• Multiple contracts are permitted and evaluated by lots, but no lot numbers or lot descriptions are given in the reviewed pages. Unverified D1 p.32

Not covered in the documents we reviewed

• No addenda were provided, so any change to dates, bid security or requirements is unknown.
• Number of copies required (TDS ITT 20.1 refers to a number not stated in the reviewed pages).
• Clarifications response and the pre-tender meeting details are not in the reviewed pages.
• Full Bills of Quantities totals, Form of Tender, Section IV forms and Section VI/VII specifications and drawings were not reviewed.
• Performance security amount and conditions beyond the frontloading clause (ITT 38.2 adjustment up to 10 percent) are not clearly stated.
• Hard-copy price of the tender documents, if any, is not stated.
• Section IX particular conditions of contract, and details of any performance security, were not reviewed.
• Full 173-page tender document was not provided; only 29 pages were reviewed.

Terms explained

AGPO

Access to Government Procurement Opportunities. A reservation scheme for youth, women and persons with disability owned firms, registered with a valid AGPO certificate.

TDS (Tender Data Sheet)

The section of the tender document that gives the tender-specific rules and values, and overrides the general Instructions to Tenderers where they conflict.

ITT (Instructions to Tenderers)

The standard rules in the tender document that govern how bids are prepared, submitted, opened and evaluated.

Tender security

A bank guarantee or other security lodged with the bid to show the bidder will honour it. Forfeited if the bidder withdraws in the validity period or fails to sign the contract.

Tender-Securing Declaration

A signed declaration given instead of a tender security, where the TDS allows it. Breach can lead to debarment recommendation.

Responsive

A tender that meets all the mandatory terms of the tender documents. A non-responsive tender is rejected without further evaluation.

Preliminary examination

The first evaluation step checking eligibility and completeness. Bids that fail are dropped before scoring.

Frontloading

Inflating early bill of quantities items to get paid faster. Bids found to do this can be rejected.

Commissioner for Oaths

A person authorised to certify and witness sworn statements and declarations, required for forms and the power of attorney here.

CR12

Company Registry return showing shareholders and directors, required with the incorporation certificate, dated within one month of tender submission.

NCA8

A National Construction Authority certificate showing a contractor's registration category for specified construction works.

PPRA

Public Procurement Regulatory Authority. Oversees public procurement rules and handles complaints under ITT 49.

Lowest evaluated tender

The responsive bid with the lowest adjusted price after all evaluation steps, which is recommended for award.