MOMBASA PORT AREA ROAD DEVELOPMENT PROJECT
CONSTRUCTION OF MTEZA KIBUNDANI SECTION (PACKAGE 3) TENDER No.
KeNHA/1520/2017
TENDER CLARIFICATIONS No.3
No Question Response
43. Can the Employer consider extending
the Contract duration by 30 days?
44. For construction turnover or financial
data required for each year-Exchange
Rate prevailing on the last day of the
respective calendar year.
In Japan, the Financial Year is from 1st
April to March 31st. In this regards, may
we requests that the Exchange Rate be
based on the Financial Year on 31st
March of each Year?
45. Regarding the integrity test for the bored
pile, BoQ 21C.02 describes Crosshole
sonic logging while the Special
Specifications describe Low-Strain
method, please clarify.
46. Cost Index is based on 25th July 2017
Kenya National Bureau of Standards
(KNBS), at BF-5 Table A but KNBS is
publishing the indexes every 3 months
so Bidders can only use the list for the
period April-May-June. Please confirm.
47. In the event of a Joint Venture between
two or more companies, can the Bidders
submit two or more Bid Securities to be
issued in the name of the JV with the
Refer to Addendum No.3.
Pursuant to Sub-Clause 22.1 the Deadline for Bid
submission is :
Date: 14th September 2017
Time: 11:00am EAT
Pursuant to Sub-Clause 25.1 Opening of the Bids
shall be held on :
Date: 14th September 2017
Time: 11:00am EAT
Bidders are referred to Tender Clarification No. 1,
Item No. 28.
Bidders are referred to Addendum No.3. The BoQ
is correct. The Special Specification has been
revised to Crosshole sonic logging as indicated in
Special Specifications Section 21 C Piling, -Pile
Integrity Test
It is noted that KNBS publishes the said Index on a
quarterly basis and the applicable index is for June
2017.
Bidders are referred to the Instruction to Bidders
Clause 19 and specifically sub-clause 19.7. The
Bid Security issued by a Bidder should meet the
requirements set out therein.
No Question Response
amount totalling to that in the BDS?
In relation to the above, would it be
acceptable if the amount of each bond
submitted from each partner does not
correspond to the ratio of the JV share
as mentioned in the JV Agreement?

Please also confirm if the Bid Security

must be a single bank letter or can it be
separate letters from e partners in JV
according to their shares?
48. Reference to Clarification No.2 Items Bidders are invited to familiarize themselves with
69 and 70, it is stated that all Japanese the provisions of the Tax Laws in Kenya.
Contractors shall be exempted from all
fiscal levies and indirect taxes with the Further, Bidders are referred to the Bid Data Sheet
issuance of exemption certificate; ITB 14.7 (iii).

Kindly confirm the following; Replace sections 23(1) and (3)(e) of the VAT
In case of the procurement of Act with section 27 of The Finance Act ,2014.
small items or goods, the
amount that is paid for VAT will
be reimbursed and how soon?
Regarding 2nd hand vehicles is
the amount paid for customs and
import taxes reimbursable and
how soon?
Vehicle, tire-type, heavy
machineries etc are subject to
registration tax. Please confirm
if this will be exempted.
Please confirm if all taxes
incurred for fuel and lubricants
will be reimbursable.
49. In case of a Joint Venture, please Bidders are reminded that a Joint Venture (JV)
confirm if the above (Clarification 117) should be legally established to avoid
arrangement can also be applied to the complications at Award stage of contract. It is
following securities; therefore expected that a JV would issue singular
Performance Security Securities that meet the set requirements.
Advance Payment Security
Retention Money Security
50. Please confirm that all the duties and Bidders are invited to familiarize themselves with
taxes listed below shall be exempted; the provisions of the Tax Laws in Kenya.
Value Added Tax(VAT) on any
goods and services to be Further, there is need to familiarize with the
procured within the country for distinction between taxes/levies and service
the project charges.
Corporate Income Tax (CIT) or
similar tax on Japanese
No Question Response
Contractor, including Sub-
contractor of Japanese
nationality.
Personnel Income Tax (PIT) on
Japanese employees.
Customs and import taxes and
duties of materials and
equipment to be supplied from
outside of the employers
country.
Import declaration fees (IDF)
Port Service Charge-Loading,
storage, store handling charges.
The cost of Custom Security
Bonds (CB1, CB10 and CB16).
The taxes and levies and other
taxes for procurement of fuel
and lubricants
Railway Development levy,
Industrial training levy,
Standards levy
51. The BoQ and Specifications indicate During implementation of the project the
that existing utilities and services such Contractor will be required to liaise with the
as water and powerlines are to be relevant authorities in undertaking the relocation of
protected and diverted. Kindly provide identified utilities and services.
details of the As-Built drawings from
the service providers.
52. Please confirm the capacity of the The supply of power is available within the
existing overhead powerlines crossing vicinity of the project area. However, the
the project road corridor and whether it Contractor will be required to apply for connection
would be possible to connect to them from Kenya Power.
for temporary facilities like site office
and contractors yard.
53. Refer to BoQ Item 20A.07 (c) and (d) Bidders are referred to Addendum No.3 in which
and BoQ Item 20A.08 (a), (b) and (c) the description of Items 20A.08 and 20A.09 were
and Drawings No. RSS-1 and RSS-2 revised.
(Schedule of Road Signs).
Please clarify if the signs on the gantry Gantry and signs are billed separately under Items
are billed together with the gantry or 20A.07, 20A.08 and 20A.09.
paid separately.

54. Ref to BoQ Item 20B.13 (Fences) and Bidders are referred to Addendum No. 3.
20B.14 (Gates) the Standard A revised drawing Dwg RS-22 has been included.
Specifications refer to the drawings and
the Special Specifications part 2002
describes a chain link fence with
conc/steel post and 3line barbed wire.
No Question Response
Please provide details.
55. Ref to BoQ Item 21A.03 (Bridge Deck Bidders are referred to Special Specs 2101A.02 3
Protective Layer). The Unit rate quoted Bridge Deck protective layer.
is m2 but no details are provided in the Also refer to Addendum No.3.
drawings for the Bridge Deck layers A new Drawing BS-0 03 Deck Waterproofing
and no description in the Specifications. Details has been added.
Please confirm the thickness of the
layer and if it shall be the final layer.
Also confirm the details of the materials
to be used whether normal AC wearing
course or Stone mastic asphalt layer.
56. With regard to the Approach Slab Bidders are referred to Addendum No.3
Layout and Reinforcement Details, New Bill Item No.21A.10 has been included.
150x150x30mm Elastomeric Bearing.
There is no pay item in the BoQ, please
clarify.
57. With reference to Bill 26 Landscaping Bidders are informed that the said works will be
and Environmental Mitigation implemented as directed by the Engineer on Site.
Measures please indicate the location of
works and the related specifications.
58. Kindly confirm if Bidders are allowed Bidders are reminded to follow the Form of Bid
to modify the form of Bid security Security provided in Volume 1 Page BF-50.
presentation to include any additional
details the Bank may desire.
59. In the Bill of Quantities - Summary Bidders are referred to Addendum No. 3.
please clarify the reference to Sub-
Clauses on Variation of Price and A soft copy of the complete BoQ in MS Excel
Physical Contingencies. format has been uploaded on the Clients website.

Bidders are reminded that only the revised BoQ

is to be used in the preparation of Financial Bid.