Second phase completion of Garba water pan, Marsabit County (MBT/COU/T/WENRCC/46/2026-2027)

What is being bought

Works contract to complete the second phase of the Garba Medium-Sized Water Pan in Marsabit County, to enhance water for household use and small-scale irrigation. Open national tender for a single contract (no lots), with physical submission only. Quantities and works details are not stated in the reviewed pages; the site visit meets at Uran Shopping Centre.

Key facts

Closing

Wed 18 Nov 2026, 10:00 am
Tenders must be delivered physically to the address in the invitation on or before Wednesday 18 November 2026 at 10.00am EAT. Late tenders will be rejected. Matches the portal closing date and time. D1 p.28

Bid / tender security

Tender Security of Ksh. 360,000 (Three Hundred Sixty Thousand Shillings only) is REQUIRED, valid for 180 days from the date of tender opening. A Tender-Securing Declaration is not accepted in this tender. Under standard ITT 21.2 it may be a bank guarantee, irrevocable letter of credit or banker's cheque from a reputable commercial bank, at the bidder's option. A bank guarantee from a bank outside Kenya needs a Kenyan correspondent bank. Under ITT 21.3 it must stay valid 30 days beyond the tender validity period. D1 p.27

Tender fee

Documents downloaded electronically from www.marsabit.go.ke or www.tenders.go.ke are free of charge. The invitation also mentions obtaining documents from the PPIP or the supply chain office at the bidder's own cost, but no physical purchase price is stated. D1 p.6

Site visit

إلزامي
Cover page says a MANDATORY pre-tender site visit is held Tuesday 10 November 2026 at 10.00am EAT, meeting point Uran Shopping Centre. Standard ITT 7.1 says visiting the site is only encouraged, so whether attendance is compulsory is unclear: ask the procuring entity before relying on it. If compulsory, missing the visit would likely lead to rejection. Conflicting D1 p.1

Pre-bid meeting

اختياري
No pre-tender conference will be held (TDS ITT 8.1 says N/A). Written questions must reach the procuring entity not later than Friday 13 November 2026 at 12.00 noon (TDS ITT 8.2). Minutes, if any, are published at www.marsabit.go.ke. D1 p.26

Reserved for

Not reserved. The invitation is open to all qualified tenderers. No youth, women, disability or AGPO reservation applies (TDS: N/A). The portal lists no reserved groups. D1 p.28

Contract value

Not stated in the documents we reviewed Not stated P

Tender opening

Tenders are opened publicly immediately after the deadline at the Governors Office Building, Procurement Pool, Ground Floor, Marsabit. Tenderers' representatives may attend. Only one procuring entity representative is required to sign. D1 p.28

Tender validity

Tenders must remain valid for 180 days. The start date is disputed: the invitation counts from the date of opening, while ITT 20.1 counts from the submission deadline. Ask the procuring entity which applies. Conflicting D1 p.27

Application checklist

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

Required from every bidder

• Certified copy of Certificate of Incorporation or business registration certificate (certified by an advocate or Commissioner of Oaths). D1 p.30
• Valid tax compliance certificate, certified by a Commissioner of Oaths or an advocate. D1 p.30
• Certified business VAT/PIN certificate, certified by a Commissioner of Oaths or an advocate. D1 p.30
• Valid business permit, certified by a Commissioner of Oaths or an advocate. D1 p.30
• Valid copy of CR12 (companies) or CR13 (sole proprietors and partnerships) issued within the last SIX (6) months, showing owners; ID copies and affidavits are not accepted; certified by a Commissioner of Oaths or advocate. D1 p.30
• Valid NCA 6 or NCA 5 certificate for water works category, with a valid practising licence matching the NCA certificate, certified by an advocate or Commissioner of Oaths. D1 p.30
• Certified copy of a valid annual licence as a Water Contractor and a Certificate of Registration for Water Development Contractors from the Ministry of Water, Sanitation and Irrigation. D1 p.30
• Filled, signed and stamped certificate of independent tender determination form, certified by a Commissioner of Oaths or advocate. D1 p.30
• Filled, signed and stamped form of disclosure of interest, certified by a Commissioner of Oaths or advocate. D1 p.30
• Filled, signed and stamped self-declaration form, certified by a Commissioner of Oaths or advocate. D1 p.30
• Filled, signed and stamped confidential business questionnaire, certified by a Commissioner of Oaths or advocate. D1 p.30
• Power of attorney (written confirmation authorising the signatory to commit the tenderer). D1 p.27
• Tender Security must be included as the Tender Security (bank guarantee, letter of credit or banker's cheque) per ITT 21 and the TDS. D1 p.16

Required only in some situations

• Joint venture agreement (or letter of intent to execute one, signed by all members, with the proposed agreement) must be included if the tenderer is a JV. Standard rule D1 p.14

Experience, licences and financial capacity

Technical

• Subcontracting permitted up to 0% of the total contract amount. Subcontracting above 10% of volume requires naming activities and subcontractors in the Form of Tender. D1 p.29
• NCA registration is not a condition for tendering but is required before award and contract signature; a selected tenderer may register before award. Standard rule D1 p.10
• A technical proposal (work methods, equipment, personnel, schedule) must be furnished in the tender. The detailed requirements are in the forms and Section III not fully reviewed. Standard rule D1 p.15

Financial

• Tender prices must be quoted in Kenya Shillings and include all taxes. D1 p.6
• Prices are FIXED (not subject to adjustment). Tenderers quoting in currencies other than Kenya Shillings are non-responsive and rejected. D1 p.27
• Minimum average annual construction turnover amount, and cash flow requirement, apply only if the tender is not subject to post-qualification and the tenderer is the lowest evaluated. The amounts are blank in the template, so they are not stated. Not stated D1 p.35

How and where to submit

• Physical submission only. Electronic tenders are NOT permitted, although the portal lists written submission. D1 p.28
• Hand or courier delivery to the tender box at the Governors Office Building, Off Marsabit-Moyale Highway, County Government Headquarters ground floor at the entrance. Postal address: Director, Supply Chain Management, P.O Box 384-60500, Marsabit. D1 p.6
• Tenders must be physically delivered to the Director, Supply Chain Management, P.O Box 384-60500 Marsabit, as stated in the TDS and invitation. D1 p.28
• Inner envelopes must be sealed and marked ORIGINAL or COPIES, show the procuring entity's name and address, the tenderer's name and address, and the tender name and reference number. Unsealed or unmarked envelopes are not accepted. Standard rule D1 p.18
• Number of copies required is not stated in the reviewed pages; ITT 23 refers only to 'all required copies'. Not stated D1 p.18
• All pages must be serialised chronologically from the cover page to the last page, including attachments (1, 2, 3...). D1 p.6
• Written questions on the tender must reach the procuring entity by Friday 13 November 2026, 12.00 noon. D1 p.26

Lots and categories

• Lot none: No lotting: the tender is one contract. Bids for part of the works are not separately evaluated. D1 p.26

Not covered in the documents we reviewed

• No addenda (A1, A2...) were provided, so any later changes to dates, security or requirements are unknown.
• Estimated contract value not stated in reviewed pages.
• Number of copies of the tender to be submitted is not stated.
• Purchase price for physical copies of tender documents is not stated.
• Financial and experience thresholds in Section III (turnover, number of similar contracts, key personnel, equipment, years of history) are blank templates.
• Performance security amount and conditions (ITT 21.5 mentions it is required at signing) not stated.
• Bill of quantities, drawings, specifications and technical works requirements (Parts 2 section V-VII) were not reviewed.
• Conditions of Contract and Special Conditions (Part 3) and contract forms were not reviewed.
• Unclear whether alternative technical solutions are permitted (TDS ITT 15.4 says 'as per engineers instructions' while ITT 15.1 says alternatives not considered).
• Section III items 3 (other evaluation criteria) and 7 sub-items, and the full Tendering Forms in Section IV, were not fully reviewed.
• Outer envelope marking requirements (ITT 23.1 outer package) were partly cut off in the pages reviewed.
• Exact site location, scope and quantities of works not stated in reviewed pages.

Terms explained

Tender security

Money guarantee lodged with the bid (here Ksh. 360,000) to show the bidder is serious; forfeited or rejected if the bid is not compliant.

TDS (Tender Data Sheet)

The tender-specific rules that override the standard Instructions to Tenderers (ITT).

ITT

Instructions to Tenderers: the standard rules on how to bid, submit and be evaluated.

Responsive / non-responsive

A bid that meets all mandatory requirements is responsive; one that does not is rejected before price comparison.

Preliminary evaluation

Pass/fail check of mandatory documents before technical and price evaluation.

NCA

National Construction Authority: contractor registration/classification needed for construction works; here NCA 5 or 6 for water works.

CR12 / CR13

Official company (CR12) or sole proprietor/partnership (CR13) records from the Registrar of Companies listing owners.

Commissioner of Oaths / advocate certification

Copies must be certified by a Commissioner for Oaths or advocate before submission.

Power of attorney

Written authority allowing the named person to sign and commit the tenderer.

Tender-Securing Declaration

Signed declaration that can replace bid security in some tenders; not accepted in this tender.

JV (joint venture)

Two or more firms bidding together; requires a joint venture agreement or letter of intent.

PPRA

Public Procurement Regulatory Authority, which maintains the debarment list and handles complaints.

Standstill period

14-day waiting period after award notice during which unsuccessful bidders may complain before signing.

Abnormally low tender

A price so low that the procuring entity may require detailed price analysis and reject it if the bidder cannot show it can perform.