Proposed grading of Horohoro-Ngathini-Tsuinin Road, Lu…

What is being bought

Kwale County Government invites sealed tenders for the proposed grading of Horohoro-Ngathini-Tsuinin Road in Lungalunga Constituency, Kwale County, under an open tender reserved to youth-owned firms. The works include road grading and environmental mitigation items such as scour checks, gabions, tree planting and stone pitching. Quantities are in the Bills of Quantities, which were not fully reviewed.

What could disqualify you

Late tenders are rejected and returned unopened. D1 p.2
Any tender not accompanied by a substantially responsive Tender Security or Tender-Securing Declaration is rejected as non-responsive. Standard rule D1 p.15
Missing any mandatory statutory or general requirement in the preliminary evaluation is outright disqualification. D1 p.39
Tenderers that fail the preliminary examination are treated as non-responsive and are not considered further. D1 p.29
Tenders with unbalanced or frontloaded BoQs will be expunged; all declarations must be witnessed by an active magistrate or Commissioner for Oaths. D1 p.39

Key facts

Closing: Tue 10 Nov 2026, 10:00 am
Tenders close on Tuesday 10 November 2026 at 10:00 am (no addenda were supplied to change this date). D1 p.2
Bid / tender security: Tender security amount is not stated. The TDS requires a duly filled Tender Securing Declaration but also says acceptable tender security must be a bank guarantee in the PPRA format; see conflicts. Conflicting D1 p.27
Tender fee: No fee is stated for the tender documents. Tender documents obtained electronically are free of charge. D1 p.2
Site visit: Optional
No pre-tender site visit is scheduled (N/A). A site visit is optional and at the bidder's own expense under standard clause 5.2. D1 p.27
Pre-bid meeting: Not stated in the documents we reviewed Not stated D1 p.27
Reserved for: Tender is reserved to youth-owned firms. The invitation says tendering is open to all qualified and interested YOUTH owned Firms, and the portal lists youth as the reserved group. D1 p.2
Contract value: Not stated in the documents we reviewed Not stated D1 p.2
Tender opening: Tenders are publicly opened immediately after the deadline at the Procurement Office, Kwale County Treasury Building. The TDS gives the date but no time; the portal closing time is 10:00. D1 p.28
Tender validity: Tenders remain valid for 126 days. The invitation says from the opening date; standard ITT 18.1 says from the submission deadline; see conflicts. Conflicting D1 p.27

Who can apply

Only youth-owned firms may tender, as stated in the invitation and the portal reserved group. Firms that are not youth-owned should not apply. D1 p.2
Tenderers must not have a conflict of interest, must not be involved in corrupt, coercive, obstructive or fraudulent practices, and must not be debarred from public procurement (standard clauses ITT 3.4, 3.5 and 3.7). A tenderer proven to have engaged in these practices is automatically disqualified. Standard rule D1 p.7

Application checklist

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

Required from every bidder

Required only in some situations

Joint venture documents apply only if bidding as a JV; the TDS says JVs are not applicable. D1 p.28

Experience, licences and financial capacity

Technical

Key personnel: Site Agent (BSc Civil Engineering, registered Professional Engineer with EBK with practising licence, 5 years general experience); Assistant Site Agent; Site Foreman; Site Surveyor; Environmentalist with valid NEMA licence. Scored in technical evaluation (total 17 marks). D1 p.40
Experience: at least 2 previous civil works road contracts of similar nature with Notification of Award, contract, completion certificate and proof of payment; scored under similar works (20 marks). Technical pass mark is 50 out of 70. D1 p.40

Financial

Minimum average annual construction turnover of KShs 100,000,000 over the last two years (Section III qualification). The post-qualification template shows KShs 300M; see conflicts. Conflicting D1 p.35
Capacity to have a cash flow of minimum KShs 50,000,000 equivalent working capital, shown from audited or other financial statements for the last two years. The post-qualification template shows KShs 100M; see conflicts. Conflicting D1 p.34
Specific experience: at least one completed contract of at least KSH 100 Million that is similar to the proposed works, as contractor, subcontractor or management contractor. D1 p.36
Ministry levy: a supplier pays a levy of 0.03% of the signed contract value, excluding taxes, on procurement contracts, under the Levy Order 2023. D1 p.2

How and where to submit

Submit a hard copy in a plain sealed envelope, clearly 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 at Kwale County Treasury Building, P.O Box 4-80403, Kwale, opposite Kwale Police post. D1 p.28
Tender must be delivered to the address above on or before Tuesday 10 November 2026 at 10:00 am. The inner envelopes must bear the procuring entity name and address, the tenderer name and address, and the tender name and reference number. D1 p.2
Written clarification requests must reach the procuring entity no later than Thursday 5 November 2026, addressed to the Chief Officer, Finance and Economic Planning, Kwale County Treasury Building. D1 p.27
Authorization: a valid power of attorney drawn by a Commissioner for Oaths for the signatory; all declaration forms must be commissioned. D1 p.27

Points to confirm with the procuring entity

The documents do not agree with each other on these points. Ask the procuring entity for a written clarification before you submit.

Financial thresholds: Section III post-qualification lists KShs 100M cash flow and KShs 300M average annual turnover, but the qualification summary lists KShs 50M cash flow and KShs 100M average annual construction turnover. Ask the procuring entity which thresholds apply. (D1 p.31 (Section III item 7); D1 p.34-35 (Qualification Form Summary 3.1 and 3.2))
NCA registration class: Section III requires NCA Class NCA-6 Road Works Contractor; the appendix preliminary requirement says Certificate of registration for Civil Works - Roads 8. Confirm the required class. (D1 p.34 (1.4 Incorporation and Registration); D1 p.39 (Preliminary item 3))
Tender security form: TDS ITT 19.1 accepts a Tender Securing Declaration, but TDS ITT 19.2 says acceptable tender security must be a bank guarantee in the PPRA format. Ask which form is required and whether a bank guarantee amount applies. (D1 p.27 (TDS ITT 19.1 and 19.2))
Tender security amount: No amount or currency for a tender security is stated in the reviewed pages. (D1 p.15 (ITT 19.1); D1 p.27 (TDS))
Tender validity start date: The invitation says tender validity runs 126 days from the date of opening; ITT 18.1 says it starts from the tender submission deadline. Ask which date applies. (D1 p.2 (Invitation para 6); D1 p.15 (ITT 18.1))
Submission format: TDS and appendix require hard copy in a sealed envelope, while the invitation and appendix require PDF serialized attachments. Confirm whether both a hard copy and PDF copy are required. (D1 p.2 (Invitation para 8); D1 p.28 (TDS ITT 20.1 and 21.1); D1 p.39 (Preliminary item 7))
Tender reference number: Portal reference is CGK/ FEP/045/EQU/2026-2027 but the TDS shows CGK/FEP/45/EUQ/2026-2027. Confirm the correct reference before submission. (P (portal record); D1 p.27 (TDS ITT 1.1))

Not covered in the documents we reviewed

Contract value or estimated cost of the works
Tender security amount, currency and validity period
Addenda, if any, issued after the invitation (none were provided)
Section IV Tendering Forms and the qualification forms (FIN-3.1, FIN-3.2, EXP, CON-2)
Section V Bills of Quantities full amounts and quantities
Section VI Specifications and Section VII Drawings
Section III item 9 foreign tenderer local content information
Pre-tender meeting details, if any
Procuring entity contact confirmation for the 126-day validity start date
Full text of Section IX Particular Conditions and Section X Contract Forms

Terms explained

TDS: Tender Data Sheet; the tender-specific rules that override the standard Instructions to Tenderers.
ITT: Instructions to Tenderers, the standard rules for preparing and submitting a bid.
AGPO: Access to Government Procurement Opportunities; a preference scheme for youth, women and persons with disability. Here, a valid youth AGPO certificate is required.
Tender Securing Declaration: A signed, commissioned declaration by the tenderer that it will honour its bid, used instead of a bank guarantee where the TDS allows.
Responsive: Meets all essential requirements of the tender; non-responsive bids are rejected without further evaluation.
Preliminary examination: First check that a bid has all mandatory documents and forms before technical and financial scoring.
CR12: Company search certificate from the Registrar of Companies showing directors and shareholders.
Commissioner for Oaths: A licensed official who witnesses and stamps sworn declarations and affidavits.
NCA: National Construction Authority, which requires contractors to be registered by class before undertaking works in Kenya.
EBK: Engineers Board of Kenya, the body that registers engineers and grants practising licences.
NEMA: National Environment Management Authority, which issues environmental licences.
Levy: Statutory levy of 0.03% of the signed contract value, paid by the supplier under the Levy Order 2023.
Lowest Evaluated Tender: The responsive bid with the lowest evaluated price that meets the qualification criteria.
Joint Venture (JV): Two or more firms bidding together; not applicable to this tender according to the TDS.
PPRA: Public Procurement Regulatory Authority, which sets standard tender forms and handles complaints.

Proposed grading of Horohoro-Ngathini-Tsuinin Road, Lungalunga Constituency, Kwale County (youth-reserved open tender)