Professional Documents
Culture Documents
INVITATION TO BID
Date:06 November 2023
TENDER No.: 2023/605
CLOSING DATE: Thursday, 16th November 2023 – 12:00 hrs Nairobi Time
The Food and Agriculture Organization of the United Nations (“FAO” or “Organization”) is an
intergovernmental organization with more than 194 member countries. Since its inception, FAO has worked
to alleviate poverty and hunger by promoting agricultural development, improved nutrition and the pursuit
of food security - defined as the access of all people at all times to the food they need for an active and
healthy life.
To achieve its goals, FAO cooperates with thousands of partners worldwide, from farmers’ groups to traders,
from non-governmental organizations to other UN agencies, from development banks to agribusiness firms
(further and more detailed information on FAO can be found on the internet site: http://www.fao.org).
In preparing your bid, you should take into account the international status and activities of FAO by
submitting your best commercial terms. You should also be aware that FAO enjoys certain privileges and
immunities which include exemption from payment of Value Added Tax ("VAT" or "IVA"), customs duties
and importation restrictions.
You are hereby invited to submit your best offer in connection with the award of such works.
The following procedures have been established by this Organization for the award of this Contract.
1. Procedures
1.1 You are invited to submit an offer for the above-mentioned works. A description of the requested works
is provided in Annex I;
1.2 In submitting your offer, you are supposed to have considered all aspects relevant to the performance of
the proposed contract and to have obtained all necessary information and data as to risks, contingencies and
other circumstances which may influence or affect your offer;
1.3 It is understood that all documents, calculations, etc. which may form part of your offer will become the
property of the Organization, who will not be required to return them to your firm;
1.4 The Organization may decide to make a partial award or no award at all should it consider that the results
of this tender and/or any other related circumstance so require;
TENDER No. 2023/605
1.5 All costs incurred to prepare your bid have to be borne by you; FAO will not be liable to reimburse any or
all of such cost;
1.6 The Organization reserves the right to publish the details of awards, including contractor name and
country, total Contract value and a brief description of the services. In all cases, unsuccessful bidders will
be notified;
1.7 Consortium of firms will be accepted provided that the companies indicate which firm will be the main
Contractor and will be responsible for the signature of the relevant contract. Bidders adhering to the
Consortium will have to notify FAO of their acceptance to participate in the Consortium;
1.8 Registration as a vendor in the UN Global Marketplace (UNGM), www.ungm.org, is a prerequisite for
accessing the tender document and receiving an award from FAO. Please register your firm with
UNGM. If you have any difficulties registering, please contact UNGM team using the Help button on the
web site www.ungm.org
1.9 The Organization has adopted a zero-tolerance approach to fraud, and it prohibits firms from engaging in
corrupt, fraudulent, collusive, coercive, unethical and obstructive practices when participating in
procurement activities. As provided by the Vendor Sanctions Procedures
(http://www.fao.org/fileadmin/user_upload/procurement/docs/FAO_Vendors_Sanctions_Policy_-
_Procedures.pdf), if the Organization determines that a firm has engaged in such conduct, it will impose
sanctions and may share information on sanctioned firms with other Intergovernmental or UN
Organizations;
1.10 A firm and its affiliates, agents and subcontractors should not be suspended, debarred, or otherwise
identified as ineligible by any Intergovernmental or UN Organization, including any organization within
the World Bank Group or any multi-lateral development bank, or by the institutions and bodies of
economic integration organizations (e.g., the European Union). You are therefore required to disclose to
the Organization whether your firm, or any of your affiliates, agents or subcontractors, is subject to any
sanction or temporary suspension imposed by any such organization or National Authority at any time
during the three years prior to the contract or at any time throughout the execution of the contract. You
acknowledge that a breach of this provision will entitle FAO to terminate its contract with your firm,
without any liability for termination charges or any other liability of any kind of FAO, and that material
misrepresentations on your status constitute a fraudulent practice;
1.11 Bidders must certify that their firm is not associated, directly or indirectly, with entities or individuals
(i) that are associated with terrorism, as in the list maintained by the Security Council Committee
established pursuant to its Resolutions 1267 (1999) and 1989 (2011), or (ii) that are the subject of
sanctions or other enforcement measures promulgated by the United Nations Security Council. Selected
bidders also agree to undertake all reasonable efforts to ensure that none of the funds received from FAO
under the awarded contract are used to provide support to individuals or entities associated with terrorism
or that are the subject of Security Council sanctions. This provision must be included in any subcontracts,
sub-agreements or assignments entered into under the awarded contract. The Bidder acknowledges and
agrees that this provision is an essential term of the awarded contract and any breach of these obligations
and warranties shall entitle FAO to terminate the Contract immediately upon notice to the Contractor,
without any liability for termination charges or any liability of any kind of FAO;
1.12 Bidders must certify that their company and/or subcontractors are not associated, directly or indirectly,
with the consultant or any other entity who prepared the terms of reference or other bidding documents
for this tender;
2
TENDER No. 2023/605
1.13 Please note that Bidders who use an independent consultant to assist in the preparation of offers may
risk engaging in unacceptable practices if the same consultant assists another Bidder to prepare an offer
for the same tender. Bidders are reminded that they are fully responsible for the conduct of any consultant
who may be used to prepare offers for FAO tenders and they should take all measures to ensure that any
independent consultant engaged to assist in the preparation of an offer for an FAO tender has not and
will not be involved in the preparation of an offer for another Bidder for the same tender process.
1.14 Bidders are kindly requested to disclose to the best of their knowledge whether their company has any
personal or professional relationships with FAO. The disclosure shall include all relevant details and
should include, but not be limited to:
- ANY current or past employment relationship with FAO of your
company's representatives and employees;
- ANY current or past relationship with any FAO staff member (family members, spouses, etc.)
of your company's representatives and employees.
1.15 Fairness and transparency are fundamental principles for FAO procurement activities. Firms that
believe that the procurement process was not fair and transparent may request feedback from the office that
issued the tender. If a satisfactory response is not received, a firm may present a protest following the bid
protest procedures detailed in the following link:
http://www.fao.org/unfao/procurement/codedeconduitethique/protests/en/. To report allegations of fraud or
misconduct in the procurement process, bidders may submit information, also anonymously, to the Office of
the Inspector General Hotline: http://www.fao.org/aud/69204/en/.
2. Documents Enclosed
2.1 The "Bid Summary" form, to be used for submitting your Bid;
2.2 Annex I: Statement of Works, Services and Specifications
2.3 Annex II: Drawings
2.4 Annex III: Bill of Quantities (BoQ) and Costs
2.5 Draft Contract this Organization intends to award consisting of the Sections I and II and the relevant
Annexes I through XII.
3.1 The duly completed "Bid Summary" mentioned in paragraph 2.1 above, using the form enclosed
here with or copies of such form, along with the Mandatory Documents set out below in para. 3.3 (a) to (f);
3.2 The duly completed Annex III of the Letter of Invitation (Bill of Quantities and Costs) indicating the
prices. Bidders shall fill in the prices for all items of the Works described in Annex I (Statement of Works and
Specifications) and listed in the Bill of Quantities. Items for which no rate or price is entered by the bidder will
not be paid for by the Organization when executed and shall be deemed covered by the other rates and prices
in the Priced Bill of Quantities.
3
TENDER No. 2023/605
3.3 Mandatory Requirements (Pass/Fail):
Bidders are required to fulfill the following mandatory requirements. Failure to provide required
information/documents will result in the disqualification of the bidder from the tender evaluation
process.
(a) Certificate of Registration/Incorporation of the Company; the company must be registered legal entity
licensed to work in Kenya.
(d) Audited financial statements including Income Statement and Balance Sheet of the bidder for the past
two years;
(e) Minimum 2 contracts for execution of works of a similar nature and comparable value to this Works or
of a higher value executed/completed by the bidder as the lead contractor during the last seven (7) years,
and a statement of the value of each contract and the name and address of the employer in each case;
Project Engineer:
At least one (1) Project Engineer with the following minimum qualifications and experience required for the
successful execution of the Works (Please attach CV):
• Degree in Civil Engineering, Construction Management or Water/Agricultural engineering from a
reputable University;
• 5 years’ experience in construction/civil works (bias in civil works/construction projects);
• Fluency in written and spoken English and Swahili.
Construction Technician/Foreman:
At least one (1) site foreman/technician Full time on site with the following minimum qualifications and
experience required for the successful execution of the Works (Please attach CV):
• Diploma in Civil Engineering, Construction Management or Water/Agricultural engineering from a
reputable institution;
• 5 years’ experience in construction/civil works
At least one (1) technician with certificate in construction and one (1) artisan with certificate in
masonry/construction are required to demonstrable experience in undertaking similar construction/civil
works.
(h) Work Plan and Schedule of Contract Performance should be provided by bidders.
4. Evaluation
The Bids received will be evaluated against the mandatory requirements. Pass/Fail methodology will be used
to evaluate each one of the mandatory requirements. Failure to comply with any of the mandatory requirements
will result in disqualification of the bid. FAO further reserves the right to consider, and disqualify firms based
on, documented prior poor performance, including but not limited to poor quality of goods or services
provided, late delivery and unsatisfactory performance. FAO further reserves the right to consider, and
disqualify firms based on their financial standing. The contract will be awarded to the most competitive offer
that complies with the technical specifications as laid out by the mandatory requirements.
5. Completeness of Bid
Bids will only be considered if they contain all of the above information and documents and observe the
provisions of the enclosed sample contract as otherwise it will not be possible to evaluate them on an equal
basis. Since this Organization is not allowed to sign contracts which do not specify its maximum financial
liability, proposals which do not allow us to calculate such liability may be rejected.
You are invited to visit the site (described in “STATEMENT OF WORKS, SERVICES AND
SPECIFICATIONS” in Annex I) at your own costs and should examine carefully the nature and extent of the
participation in the contract performance by the Organization as set out in Annex V of the enclosed contract
since such contract assumes that all other requirements for its successful completion are provided at the cost of
the Contractor. There will be a Pre-Bid Site visit held on 14th November 2023 at the site You should therefore
state in the appropriate space provided in the "Bid Summary" (Part III) any additions or modifications
of the said Annex V which you suggest for a satisfactory performance of the contract (you can use a
separate sheet if necessary).
This Organization enjoys certain privileges and immunities which include exemption from payment of VAT,
customs duties and importation restrictions.
5
TENDER No. 2023/605
TO ENSURE THE VALIDITY OF YOUR OFFER, IT MUST BE SUBMITTED AS
FOLLOWS:
It is the exclusive responsibility of the bidders to ensure that the files are
uploaded before the tender deadline. The system will reject any bid received
after the deadline.
Please follow the instructions below to upload the electronic files in the UNGM
portal:
c) Click on VIEW DOCUMENTS (green button on the left of the specific tender notice
you are interested in);
f) To upload all the documents, go under “MY TENDER RETURN - MAIN” and click
the red button “UPLOAD DOCUMENT”, as instructed in the corresponding
“Description”.
NOTE: It is highly recommended that the size of the files does not exceed 5MB and
IMPORTANT: Once all files are uploaded, please remember to click on the red button
“SUBMIT MY RETURN” to send your offer. If the submission is properly completed,
you will be able to view and download a receipt under the “HISTORY” tab.
A bidder may, without prejudice, modify or withdraw an offer before the deadline with
the “MODIFY RETURN” function. No offer may be modified after the deadline for
submission.
3. No Bid Notice:
In the event that your company is not interested to participate in this tender, the
Organizations would appreciate your feedback with a brief explanation. In this case,
you are kindly requested to click on the “OPT OUT” button displayed in the UNGM
portal to send your reason for non-participation.
6
TENDER No. 2023/605
All communications concerning this tender should mention the tender number ITB 2023 605 and
should be submitted as soon as possible through the UNGM portal under the
“CORRESPONDENCE” tab.
Bidders are responsible for appropriately examining this tender. If the Bidder finds discrepancies in or
omissions from the documents, or if their intent or meaning appear unclear or ambiguous, or if any
other questions arise, the Bidder shall submit any request for clarification through the aforementioned
“CORRESPONDENCE” tab.
In submitting a request for clarification, please do not, under any circumstances, submit a copy of
your offer or reveal any information about your intended quotation. This will invalidate your offer.
The deadline for submitting your requests for clarification is six (6) days before the tender closing
date.
Responses to clarification enquiries will be simultaneously issued by FAO to all bidders through the
UNGM. The system will send automatic e-mail notifications to all bidders every time a clarification,
or any other communication related to the tender notice, is sent out by FAO.
All FAO’s responses to bidders’ questions will be uploaded under the “CLARIFICATIONS” tab of
your Tender Management page and made available to all bidders. Please ensure to read all the
clarifications as they become part of the technical specifications.
9.4 Your bid should be submitted (uploaded on UNGM) no later than Thursday, 16th November
2023, 12.00 hours, noon, Nairobi Time
May I take this opportunity to express my appreciation for your interest in assisting this Organization in the
implementation of its activities.
Yours sincerely,
7
TENDER No. 2023/605
BID SUMMARY
Instructions: Please, tick (if applicable) on the boxes ( ) to the left below and duly sign and stamp this
document.
I certify that I have provided documentation as evidence of meeting the Mandatory Requirements set forth in
paragraph 3.3 (a to h) of the Letter of Invitation.
I undertake to commence the performance of the contract immediately upon receipt of the contract duly
signed by both Parties.
I propose to execute the Works described in the Contract within a period of _________ calendar days
I certify that I have submitted a detailed work plan and schedule of Contract Performance confirming
completion of works within a maximum of 60 calendar days
I certify that the following documents will be provided within one week from signature of the contract:
Performance Bond;
Insurance policy;
PART III: Participation by the Organization in the contract performance (see Annex IV of the Contract)
Either:
I certify that the inputs to be provided by the Organization, as set out in Annex V of the sample Contract,
are adequate and sufficient for a satisfactory contract performance;
or
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
i
TENDER No. 2023/605
Find attached Annex III, Bill of Quantities showing the costs related to the works required.
I confirm having obtained all relevant data and information as regards risk, contingencies, and any other
circumstances which may influence or affect the performance of the contract, which have been duly taken
into account in the formulation of this bid.
I understand that the contract resulting from this Tender will be a lumpsum contract (not ad-
measurement) based on the total amount of the bid submitted, the amount of which will represent the
maximum financial liability of the Organization.
I understand that items for which no price is entered by the Bidder shall be deemed covered by the other
prices in the Bill of Quantities and included in the total lumpsum.
__________________________________________________________________
I certify that my firm/organization (including all members of a consortium, if applicable) and its
subcontractors are not associated, directly or indirectly, with the consultant or any other entity who
prepared the terms of reference or other bidding documents for the project.
I acknowledge that my firm is responsible for any consultant, including independent consultants, who
assists in the preparation of offers and confirm that my firm has taken all measures to ensure that any
independent consultant engaged to assist in preparing this offer has not and will not be involved in the
preparation of another bid for another bidder for the same tender process.
Either:
To the best of my knowledge, I confirm that none of my firm’s representatives or employees have a
current or former employment relationship with FAO, and none of my firm’s representatives or
employees has a current or past relationship with a FAO staff member (family members, spouses, etc.).
or
I have provided below details regarding the following representatives or employees of my firm who have
a current or former employment relationship with FAO and/or who have a current or past relationship
with an FAO staff member:
_____________________________________________________________________________
_____________________________________________________________________________
____________________________________________________________________________
ii
TENDER No. 2023/605
I confirm that the terms and conditions of the contract/s as enclosed with the letter of invitation are
acceptable except for the reservations explicitly set out in this offer.
_____________________________________________________________________________
_____________________________________________________________________________
____________________________________________________________________________
I certify that my firm has not and will not engage in corrupt, fraudulent, collusive, coercive, unethical or
obstructive practices during the selection process and throughout the negotiation and execution of the
contract.
I confirm that my firm, including any affiliates, agents or subcontractors, is not subject to any sanction
or temporary suspension imposed by an Intergovernmental or UN Organization, including any
organization within the World Bank Group or any multi-lateral development bank, or by an institution
or body of an economic integration organization (e.g., the European Union). If my firm, or any affiliates,
agents or subcontractors, has been subject to any temporary suspension or sanction by any such
organization or National Authority within the preceding three years, I have provided further information
below:
_____________________________________________________________________________
_____________________________________________________________________________
____________________________________________________________________________
I certify that my firm is not associated with any individual or entity appearing on the 1267/1989 list of
the UN Security Council or with any individual or entity subject to any other sanctions or enforcement
measures promulgated by the UN Security Council.
This offer is valid for acceptance for a period of TWELVE (12) MONTHS as from the deadline for
the submission of the offer indicated in the letter of invitation.
Name of Firm:
Mailing Address:
UNGM #:
Fax:
Tel:
Email:
iii
TENDER No. 2023/605
Person(s) to contact:
Signature:
Date:
Company seal:
iv
ANNEX I
CONTRACT OBJECTIVES
The objective of this contract is to Rehabilitate the K’Owino Water Pan in Migori County.
Location
The existing water pan is located in Ojawa village of Ungowe sublocation of Central Okayo Location of, West
Nyatike Sub-County of Migori County ((Lat, long) -0.834786,34.235200.
The contractor(s) shall provide the works as described in detail in the Drawings in Annex II and the BOQ in
Annex III. These shall consist of:
Drawings
60 Calendar Days.
GENERAL SPECIFICATIONS
A. GENERAL ITEMS
i
right to demand that the Contractor shall obtain at his own expense a certificate in respect of any materials to
state that is in accordance with the Local, British Standard Specification or equivalent.
C. WORKMANSHIP
C.2 Inspections
ii
The Contractor shall give written notices to the Resident Engineer for the purpose of inspection and
measurement, whenever sections of excavations and compactions are completed.
D. PROTECTION
D.2 Protection
The Contractor shall protect all the graded and filled areas from action of the construction. Any settlement or
washing away that occurs prior to acceptance of the works shall be repaired and surface re-established to the
required elevations and slopes at the contractor’s own expense.
It is the Contractor’s responsibility to ensure adequate supply of electricity and water to be used for the execution
of the Works.
The drawings relating to the Works are provided herein Annex II.
iii
ANNEX III
BILL OF QUANTITIES (BOQ) AND COSTS
REHABILITATION OF K’OWINO WATER PAN, MIGORI COUNTY, KENYA
Rate Amount
Item Description Units Qty
(Kshs) Kshs)
Allow for Contractors Mobilization, including
Mobilization of plant and equipment to the project
site, Site establishment, Maintenance and
demobilization. Rate shall be inclusive of
1.1 Item 1
Demobilization after completion of the works.
Plant to include but not limited to the following:
Personnel, Excavator, Bulldozer, Roller, and
Water Bowser etc.
Silt trap
iv
Cut to spoil in soft material for the dam silt trap, CM 4,500
2.1.4 depth not exceeding 2.0m
Earthworks
Rates to include disposal or stockpiling for
re-use as directed
Strip embankment side slopes and crest of SM 2,700
250mm top soil not exceeding 250mm and
2.1.5
spread on site or dispose off as directed by the
Engineer
v
Provide and Place Concrete Class 15/20 in No 19
downstream spillway apron 15.0m wide by 5.0m
2.2.4 wide by 0.25m deep. Rate to include
MEASHA142 reinforcement as indicated in
the drawings.
RATE AMOUNT
ITEM DESCRIPTION UNIT Quantity
(KES) (KES)
vi
Provide and Install 3 strand barbed wire, gauge m 1,800
16 to KS-261-2007 (Kenya Standards) fencing
3.5 over cranked fence section. Cost to include all
straining and fixing components
Hardcore filling
Supply, fill and ram 300mm thick approved
4.4 ton 10
Hardcore
4.5 Stone pitching 2.0m wide around the trough m2 25
Concrete work
Concrete in foundations
4.6 Mass concrete strip foundations m3 0.8
4.7 10mm diameter reinforcement bars 150mm c/c Kg 30
4.8 100mm thick reinforced concrete slab m3 1.3
4.9 Timber shattering provided to sides of floor slab m 30
4.10 Weld mesh Reinforcement A142 m2 10
vii
(II) SUPERSTRUCTURES
Walling
225 mm Thick (building stones
4.11 /rubble/interlocking soil blocks) walling in cement m2 16
and sand mortar (1:3)
Finishes
Wall finishes
Cement and sand (1:3) render as described
in:
4.12 13mm Thick with finish to masonry walling m2 16
4.13 25mm thick floor finish m 2
11
Prepare and apply three coats plastic
emulsion paint to:
4.14 Rendered wall surfaces m2 13.2
Others
32mm diameter GS pipes and fittings
4.15 Class PN 10 pipe and all fittings m 10
4.16 Barrel Nipples No 6
4.17 Sockets No 4
4.18 Unions No 3
4.19 GI Gate Valves No 2
4.21 Ball valve No 1
4.22 Elbows No 4
AMOUNT
ITEM DESCRIPTION RATE (Ksh)
UNIT QUANTITY (KSh)
CLASS E: EARTHWORKS
Filling
viii
Approved Hardcore backfill minimum depth 250mm
5.3 compacted in 150mm layers to floor slab and front
area m3 0.6
REINFORCEMENT
ix
5.20 32mm dia. Valve sockets No. 1
5.30 4" X 8 X 18" lining block to the site of the catch pit m 7
5.31 100mm thick mass concrete for catch pit base slab m 1
SUMMARY OF COSTS
Bill Amount
Description
No. (Kshs.)
x
Bill Preliminaries and General items
No. 1:
Bill Waterpoint
No. 5:
GRAND TOTAL
This Bills of Quantities has been assembled generally in accordance with the Rules of the Civil Engineering
Standard Method of measurement Third Edition (CESMM3) approved and sponsored by the Institution of
Civil Engineers, UK.
* It is understood that the TOTAL amount is a lumpsum and includes all costs incurred for the completion
of all activities involved in the performance of this contract.
Signature: __________________________
Date: _____________________
Company Stamp:
xi