The National Construction Authority Regulations, 2014

Legal Notice 74 of 2014

This is the version of this Legal Notice as it was from 24 November 2017 to 30 December 2022. Read the latest available version.
The National Construction Authority Regulations, 2014
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LAWS OF KENYA

NATIONAL CONSTRUCTION AUTHORITY ACT

THE NATIONAL CONSTRUCTION AUTHORITY REGULATIONS, 2014

LEGAL NOTICE 74 OF 2014

  • Published in Kenya Gazette Vol. CXVI—No. 71 on 13 June 2014
  • Commenced on 13 June 2014
  1. [Amended by National Construction Authority (Amendment) Regulations, 2017 (Legal Notice 24 of 2017) on 10 March 2017]
  2. [Amended by National Construction Authority Corrigenda (Corrigendum 25 of 2017) on 21 April 2017]
  3. [Amended by National Construction Authority (Amendment) Regulations, 2017 (Legal Notice 274 of 2017) on 24 November 2017]

Part I – PRELIMINARY

1. Citation

These Regulations may be cited as National Construction Authority Regulations, 2014.

2. lnterpretation

In these Regulations, unless the context otherwise requires —"authorized officer" means an employee of the Authority authorized by the Board to carry out its functions under the Act;"Appeals Board" means the Appeals Board established under section 27 of the Act,"certificate of registration" means a certificate of registration issued under regulation 5(1);"code of conduct" means the code of conduct developed and published in accordance with section 5(2)(m) of the Act;"construction procurement" means procurement in the construction industry, including the invitation, award and management of contracts;"construction worker" means a natural person who is qualified to carry out any of the works described in the Third Schedule to the Act;"contract sum" means the tender value, tendered price, contract value or project value as agreed and signed between the contractor and the owner;"foreign contractor" means —
(a)a firm incorporated outside Kenya; or
(b)a firm incorporated in Kenya in which 5l% of the shares are held by a non-Kenyan;
"owner" means a person, body of persons or organ of state who enters into a main contract with a contractor for the provision of construction works;"investigating committee" means a committee of the Board mandated to investigate matters of misconduct or otherwise under the Act;"investigating officer" means a person appointed as such under section 23 of the Act;"joint venture" means a grouping of two or more contractors or financial institutions with contractors who jointly undertake to perform construction works;"net asset value" means the sum of a person's equity, retained income and shareholders or members loans;"practical completion certificate" means a certificate issued in respect of building works contract by the owner, signifying that the work as tendered is ready for occupation or use for the purposes intended;"taking-over certificate" means a certificate issued in respect of a construction works by the owner, signifying that the scope of works as tendered are ready for occupation or use for the purposes intended;"main contract" means a contract of construction works that do not form part of the scope of work of another contract;"main contractor" means a person registered under section 15 of the Act to whom construction work is tendered under the Act;"sub-contractor" means a contractor whose contract works form part of a main contractor's works;"Principal" means a natural person who is a partner in partnership, a sole proprietor or a director in a company;"programme" means a series of activities aimed collectively at a predefined outcome;"skills assessment" means an assessment conducted by or on behalf of the Authority of the skills in the class of works of a skilled construction worker or a construction site supervisor who applies for accreditation;"test" means a test conducted by or on behalf of the Authority to test the skills of a construction supervisor or a construction worker.

Part II – REGISTRATION OF CONTRACTORS

3. Application for registration as contractor

(1)An application for registration as a contractor shall be made in the prescribed form and shall be accompanied by —
(a)certified copies of certificates and other relevant documents as are necessary to prove qualification for registration;
(b)certified copies of the shareholders' certificates of the company;
(c)in the case of a trust, a copy of trust deed; and
(d)financial statements of the person or firm for the period immediately preceding the application, or proof of existence of a bank account in the name of the construction company.
(2)The Board may call for further particulars of the person or firm, including but not limited to —
(a)certified copies of the identity documents of the principal or principals of the firm;
(b)where there are more than twenty principals, certified copies of the identity documents of twenty principals of the firm;
(c)in the case of a foreign contractor —
(i)proof of current registration status from their country of domicile or origin, in addition to complying with section l8 of the Act; and
(ii)sufficient proof of financial capability of the contractor;
(d)proof of registration with an association of contractors;
(e)proof of employment of qualified persons by the contractor; and
(f)in the case of an application relating to specialized Works, a certified copy of the current licence issued by the relevant statutory regulatory or Authortrty or organization.
(3)If an application in relation to this regulation is made electronically, the supporting documents referred to in sub-regulation (3) shall be submitted to the Authority by registered mail or by hand delivery.
(4)An application shall not be considered duly completed for purposes of this regulation, unless all documents are received by the Authority.
(5)The Authority shall make a decision on an application by a person or firm within thirty days of receiving such application including rejection if such person does not fully comply with requirements set by the Authority, and shall inform the applicant accordingly giving reasons for such rejection.
(6)An application form for registraiion may be made in English or Kiswahili.
(7)A register of registered contractors shall be kept in accordance with section 19 of the Act.

4. Evaluation of application

(1)The Authority shall assess every application received for the mandatory requirements set out in Schedule.
(2)In making its evaluation under paragraph (1) the Authority shall award points to the applicant in accordance with the particulars set out in the Schedule and shall classify the applicant in accordance with the classes set out in the Schedule which shall depend on the scope and costs of the work involved.
(3)The scope and cost of works referred to in the Schedule shall be as specified by the Authority from time to time.[L.N. 274/2017, r. 2.]

5. Certificate of Registration

(1)A person who qualifies for registration shall be issued with a Certificate of Registration by the Authority.
(2)Notwithstanding any other provision of these Regulations, the Board may where it deems it appropriate register an applicant for a category of works other than that applied for.

6. Exemption from registration for local contractors

Any skilled construction worker or construction site supervisor carrying out construction works specified in the proviso to section 16(1) of the Act shall be exempted from registration as a contractor.

7. Renewal of registration

A person or firm shall submit an annual application for renewal of the certificate of registration to the Authority in the prescribed form accompanied by the prescribed fee, and the Authority shall process the application in accordance with the provisions of regulation 4.

8. Petition for review

(1)A person who is aggrieved by the decision of the Board in relation to the category of registration under regulation 4(2) may submit a written petition indicating the reasons of such grievance, sufficient to justify review or the assessment by Authority.
(2)The Authority shall within thirty days of receiving a petition under paragraph (1) notify the person of the Board’s decision on both applications.
(3)A person aggrieved by the decision of the Board may apply to the Appeals Board within thirty days from the date of notification of the Board’s decision, provided that any person aggrieved by the decision of the Appeals Board may prefer a further appeal to the High Court within thirty days of the date of the decision by the Appeals Board.

9. Restriction

(1)Registration of contractors under NCA-1 as specified in the Schedule category shall be open to both local and foreign contractors.
(2)Any registrations that fall between NCA-2 to NCA-8 as set out in the Schedule of the Regulations shall be restricted to local contractors only.[L.N. 274/2017, r. 3.]

10. Application for upgrading

(1)A contractor may make an application for upgrading to the Authority in a form to be prescribed by the Authority accompanied by the prescribed fee, and the Authority shall process the application in accordance with the provisions of regulation 3.
(2)An application under paragraph (1) shall be submitted together with proof of the construction work on the basis of which it is made.

11. Transfer of records

(1)The Authority may transfer the records in its custody in respect of one contractor to another contractor and treat them as if they were the same entity for the purpose of assessment in the event where—
(a)the first contractor, being a sole proprietor, partnership or trust, establishes a company as under the Companies Act (Cap. 486);
(b)the name of the contractor is changed in accordance with the relevant law;
(c)the company is re-organized; or
(d)companies are amalgamated or taken over.
(2)The previous records of a contractor shall be reflected in any future application made by such contractor for the purpose of determining the category of registration of the contractor.

12. Registration of foreign contractors

(1)Subject to section 18 of the Act, a foreign person or firm shall be eligible for registration as a contractor on application to the Authority and payment of the prescribed fees.
(2)Where a foreign firm applies under this regulation to undertake construction works or project under category NCA-1 specified in the Schedule, such firm shall demonstrate to the Authority its capacity for such works.
(3)The application under paragraph (1) shall be accompanied by—
(a)the applicant’s financial statements as at the date of the application;
(b)detailed information on the value of construction works or projects done and completed locally in other jurisdictions;
(c)proof of plant, equipment and machines holding;
(d)an undertaking in writing that the foreign person or firm—
(i)shall subcontract or enter into a joint venture with a local person or local firm for not less than thirty percent of the value of the contract work for which temporary registration is sought;
(ii)shall transfer technical skills not available locally to a local person or firm in such manner as the Authority may determine from time to time;
(e)any other requirement that the Board may determine from time to time.
(4)A registration under this regulation shall—
(a)be valid for the period of the construction works contract or project in question;
(b)where applicable be renewable every calendar year, failure to which the registration shall stand cancelled by the Board.
[L.N. 274/2017, r. 4.]

13. Application for renewal

Application for renewal of the licence shall be submitted to the Authority in writing at least thirty days before the expiry of such licence.

14. Continuous Professional Development

In each year during which a contractor holds a licence, the contractor or, in the case of a firm or company, the partner or director who possesses technical qualifications, skills or experience shall attend at least one Continuous Professional Development event recognized by the Authority and the Authority shall consider the attendances while determining an application to renew or upgrade the Contractor.

Part III – JOINT VENTURES

15. Registration of Joint ventures

(1)The Authority may register joint ventures on application made in writing by the persons intending to enter into joint venture agreements.
(2)Applications under this regulation shall be made to the Authority in the prescribed form and on payment of the prescribed fee and shall indicate—
(a)the sum of the annual turnover of all the members to the joint venture;
(b)the sum of the available capital of all the members to the joint venture;
(c)the total number of equivalent full-time qualified employees;
(d)the category in which the joint venture wishes to be registered; and
(e)the Plan, equipment and machine holding of the joint ventures.

16. Ration of ownership of joint ventures

(1)The ratio of ownership of a joint venture for construction works between a local firm and a foreign firm shall be at least thirty percent for the local firm.
(2)The profits of the construction works shall be shared in line with the arrangements set out in paragraph (1).
(3)The employees of the joint venture to which this regulation applies shall be competitively recruited from the local labour market, and recruitment or employment of foreign technical or skilled workers on such contract shall only be done with the approval of the Authority where such skills are not available locally.
(4)The Authority may give such exemption on this regulation as the Board may deem appropriate.

Part IV – IDENTIFICATION AND REPORTING OF CONSTRUCTION WORKS CONTRACTS OR PROJECTS BY OWNER

17. Registration of construction works

(1)All construction works, contracts or projects either in the public or private sector shall be registered with the Authority in accordance with the Act.
(2)An owner shall make an application for registration of a project to the Authority in writing within thirty days from the date on which a tender for construction works, contract or project is awarded to a contractor registered under this Act.
(3)The application under this regulation shall be in the prescribed form and shall be made before the commencement of the construction works contract or project together with such fee as the Board may prescribe.
(4)An application under paragraph (2), shall indicate—
(a)whether the project being registered relates to a project that consists of a series of contracts, to a joint venture;
(b)the nature of funding, whether by Government, or donors co-founded by the Government and donors or other persons;
(c)the programme, if any, to which the project relates;
(d)whether the project relates to a public-private partnership; and
(e)that the applicant acts on behalf of a client.
(5)An owner shall ensure that the tender for construction works, contract or projects is awarded to a person, firm or contractor registered under this Act.
(6)The Authority shall, within thirty days from receipt of the duly completed application form in terms of paragraphs 10(2) and (3) register the construction works contract or project and issue a compliance certificate.
(7)The owner shall in relation to construction works registered in accordance with this regulation submit to the Authority in a prescribed form, within thirty days of such registration, information relating to—
(a)the issuance of a completion certificate;
(b)whether the contract is renewed or the contract period extended;
(c)whether the contract is cancelled or terminated; and
(d)whether all payments owing to the contractor have been settled.
(8)An owner shall notify the Authority of any arbitration entered into or litigation proceedings initiated in relation to construction works registered under this Act within thirty days from the date of commencement of the proceedings.[L.N. 24/2017, r. 2, Corr. No. 25 of 2017.]

18. Representative of the owner

(1)The owner shall submit information to the Authority identifying the person of the owner’s choice to act as a contact person to liaise with the Authority on the construction works.
(2)Where a person identified under paragraph (1) ceases to act for the owner, the owner shall notify the Authority accordingly in writing within thirty days from such cessation.[L.N. 24/2017, r. 2, Corr. No. 25/2017.]

Part V – CERTIFICATION AND ACCREDITATION OF SKILLED CONSTRUCTION WORKERS AND CONSTRUCTION SITE SUPERVISORS

19. Accreditation

The Authority shall accredit and certify all construction workers and construction site supervisors in accordance with the Act.

20. Classes of skilled construction workers

(1)The Authority shall register skilled construction workers under one or more of the classes or works provided in the Third Schedule to the Act.
(2)A construction worker referred to in paragraph (1) shall be registered to carry out, or undertake to carry out construction works for or on behalf of another person, for a fixed sum, percentage, value, consideration, wages or other reward.

21. Classes of construction site supervisors

A construction site supervisor shall be accredited in accordance with the Act in one or more of the classes of works provided in the Third Schedule thereof to undertake supervision and co-ordination of construction workers or other persons undertaking the same class of work for or on behalf of another person for a fixed sum, percentage, or valuable consideration, wages or other reward.

22. Eligibility for accreditation

(1)The Authority shall accredit a person under this Part if the person—
(a)possesses the qualifications set by the Authority for the class of contract works set out in the Third Schedule to the Act, in respect of which the application is made; or
(b)possesses such other qualifications as, in the opinion of the Authority, are equivalent to the qualifications specified in paragraph (a), and has the practical experience to the satisfaction of the Board, whether in Kenya or elsewhere, to complement such qualifications; or
(c)has otherwise satisfied the Authority that he possesses such practical experience, so as to render him competent to be accredited as a construction worker or site supervisor at the discretion of the Authority; or
(d)has successfully undergone such skills assessment as the Authority may conduct for this purpose.
(2)A person shall be eligible for accreditation or renewal of accreditation as a construction site work if the person—
(a)has successfully completed such bridging course as may be conducted by or on behalf of the Authority;
(b)possesses such experience whether in Kenya or elsewhere as, in the opinion of the Authority, complements the required qualifications; or
(c)has otherwise satisfied the Authority that he possesses such other qualifications or experience, knowledge and skills as, in the opinion of the Authority are equivalent to those prescribed in respect of the class applied for.
(3)The Authority shall consider the conduct of an applicant while making a decision on the accreditation of the applicant and may make inquiries and conduct investigations which are reasonable and appropriate in the circumstances of each case so as to be satisfied of the knowledge, skills and experience of such applicant.
(4)The Authority may conduct skills assessments and referee checks while making decision to accredit or renew the accreditation of an applicant.
(5)A person accredited as a construction site supervisor in respect of any of the classes of construction works shall be deemed to have been accredited as a construction worker for the same class.

23. Validity of accreditation

Every accreditation of a construction worker or construction site supervisor under these Regulations shall be valid for a period of three years and may be renewed for a similar period.

24. Rejection of application

(1)The Authority may reject an application under these Regulations if the applicant—
(a)presents false documents for accreditation;
(b)knowingly makes use of any document of accreditation that is false; or
(c)impersonates any other person named in any certificate of accreditation.
(2)A person who presents false documents under the paragraph (1) commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings or imprisonment for two months or to both.
(3)Subject to paragraph (1), the Authority may suspend or, cancel or refuse to accredit any construction worker or site supervisor if—
(a)the applicant has knowingly allowed details of such accreditation to be included in the manpower programme for more than one construction works contract or projects carried out at the same time;
(b)such applicant is convicted of any offence under this Act;
(c)it is in the public interest or national security to do so; or
(d)for other reason the Board may determine from time to time.
(4)The Board shall not exercise its powers under sub-regulation (3) unless an opportunity of being heard has been given to such applicant against whom the Authority intends to exercise such powers.
(5)An applicant whose accreditation as a construction worker or construction site supervisor is suspended or cancelled under this regulation shall, within fourteen days after notification by the Authority of such cancellation, surrender to an authorized officer certificate of accreditation, failing which the applicant shall be guilty of an offence under the Act.
(6)The Authority shall cancel the accreditation of every deceased construction worker or construction site supervisor upon notification to the Authority or on the Authority’s own volition.

Part VI – COLLECTION AND PAYMENT OF CONSTRUCTION LEVY

25. Deleted

Deleted by Corr. No. 25/2017.

26. Deleted

Deleted by Corr. No. 25/2017.

Part VII – ENFORCEMENT

27. Fees

(1)There shall be payable to the Authority such fees for its services as the Authority may, with the approval of the Cabinet Secretary, determine from time to time.
(2)The fees determined under sub-regulation (1) above shall be published in the Gazette.

28. Investigation of complaint or suspicion

(1)The Authority may upon receipt of a complaint from any person who is aggrieved by an action taken under the terms of the code of conduct or an omission take such action, or where it has reasonable grounds to determine that a person has acted contrary to, or has omitted to act in terms of the code of conduct, the Authority shall appoint an investigating sub-committee carry out an investigation into such complaint or suspicion.
(2)Where the complaint or the suspicion implicates a person who is employed by a state organ or a body established under any written law other than the Authority, the Authority shall refer that complaint or suspicion to the accounting officer or accounting authority or any other supervisory person or body having control over that person for the purpose of dealing with the complaint according to the applicable disciplinary procedure, and submit a copy of the referral to the Audit Committee of the organ of state concerned and the Auditor-General.
(3)The investigating subcommittee shall conduct the investigation within the time stipulated by the Authority and submit its report and recommendation including recommendation for sanctions where appropriate.
(4)A person subject to investigation under this regulation shall be entitled to appear before the subcommittee in person or through an advocate.
(5)The registration of a contractor shall be suspended after investigations into his conduct have been concluded and it is established that the contractor has engaged in misconduct.
(6)An investigation committee may make recommendation with respect to the contractor, including revocation of the registration, caution or censure.
(7)Any contractor whose licence is suspended shall not enter into any new contract until the suspension has been lifted.
(8)The Authority shall inform the owner of works of any suspension of a contractor working with him.
(9)The Authority may stop the execution of any contract works where it is in the public interest to do so.

29. Removal from register

(1)The Authority may remove the name of a contractor from the register of contractors if the contractor—
(a)has been debarred from participating in a procurement process under any legislation;
(b)has been found guilty of non-compliance with the Code of Conduct published under the Act;
(c)fails to comply with the provisions of regulation 27 with regard to the payment of the fees;
(d)is declared bankrupt; or
(e)is a company which ceases to exist as a legal entity.
(2)The Authority shall conduct an inquiry in to the conduct of the contractor in accordance with section 22 of the Act before removing the name of the contractor from the register.
(3)Upon conclusion of the Inquiry, the Authority shall publish the name of any contractor who has been de-registered and shall direct that all construction contracts being executed by that contractor be terminated immediately.
(4)Any person aggrieved by the action of the Authority under this Regulation may appeal to the Appeals Board and the provisions of regulation 8(3) shall apply in respect of such an appeal.

SCHEDULE

[L.N. 274/2017, Reg. 5.]

Part I

EVALUATION CRITERIA FOR REGISTRATION OF BUILDING WORKS CONTRACTORS

1.ABOUT THE CRITERIAThis document contains the evaluation criteria for contractors' registration. The evaluation will be carried out in three stages—
1.Physical evaluation of mandatory requirements.
2.Technical evaluation (70 marks).
3.Financial evaluation (30 marks).
Stage I - 'physical evaluation of mandatory requirements' - will assess the documents showing proof of existence and tax compliance of the company.Stage 2 - technical evaluation - will assess the technical aspects of the firm i.e. the directors, the staff, plant and equipment, firm's experience and office and work space. The relevant professional bodies shall include but not limited to—
(a)Engineers Board of Kenya or Institution of Engineers Kenya;
(b)Board of Registration of Architects and Quantity Surveyors;
(c)National Construction Authority skilled workers accreditation scheme;
(d)Institute of certified accountants of Kenya;
(e)Institute of construction project Managers;
(f)Institution of Engineering Technicians and Technologists; and
(g)Law society of Kenya, among others.
Stage 3 - financial evaluation - will assess the annual turnover and cash flow or working capital for the firm. This will be based on audited accounts of the company.The evaluation can only proceed to stage 2 and 3 upon complete presentation of all the mandatory requirements outlined in stage 1.
2.PHYSICAL EVALUATION OF MANDATORY REQUIREMENTSFulfillment of stage 1 requirements, as outlined in the application form, should allow a contractor to be considered for registration. Attachments are specified in the application form.Table l: Mandatory requirementsReferees:These should be fully defined —
(a)recommendation letters from clients and consultants for completed works;
(b)recommendation letters from former employers in related field;
(c)letters and certification from professional bodies including but not limited to Engineers Board of Kenya and Institution of Engineers Kenya for engineers, Board of Registration of Architects and Quantity Surveyors for architects and quantity surveyors, among others.
3.TECHNICAL EVALUATION (70 Marks) - specific for building worksThis stage will evaluate the technical strength of the company. The following will be evaluated—
(a)directors - 12 marks;
(b)staff - technical and support staff - 22 marks;
(c)plant and equipment owned - 15 marks;
(d)firms experience - 16 marks;
(e)office and workshop facilities - 5 marks.
(a) Directors : 12 marksThe authority will assess the managing director and technical director as indicated in Annex 1.1 (directors details - to be revised). The technical director will be graded according to the professional qualifications and relevant experience of not less than three years IN THE CONSTRUCTION INDUSTRY.Table 3 below highlights the marks awarded in respect of one technical director. Columns (4) and (5) provide for awarding industry experience marks as a percentage of columns (3). Marks will be allowed for up to two highest ranked technical directors for each firm, giving a maximum possible of nine marks.Table 4 highlights the marks to be awarded to any other non-technical director(s) submitted for consideration by the firm. Marks will be awarded for up to two non-technical directors. These directors will be evaluated per relevant business or managerial experience.The firms score will be the total score for the two technical directors and the other two non-technical directors.Table 2: Directors mark sheetTable 3: Other Directors Mark sheet(b) Staff- technical and support staff: 22 marksMarks will be awarded as indicated in table 3 below for the academic qualifications and experience in the construction. Depending on the composition of staff submitted in Annex 1.2 (staff details), the breakdown is as follows—
(a)Degree holders - maximum of 2.0 marks each. If all staff provided have minimum of Bachelor's degree, evaluate up to three staff members at this level;
(b)Higher Diploma or Diploma holders - maximum of 1.5 mark each. If all staff provided have minimum of Higher Diploma or Diploma, evaluate up to four staff members at this level;
(c)Certificate and trade test holders - maximum of 0.75 marks each. If all staff provided have minimum of certificate or trade test, evaluate for up to eight staff members in this level, columns (4) and (5) provide for awarding industry experience marks as a percentage of columns (3)
(d)marks will only be awarded for staff whose academic certificates and detailed curriculum vitae have been attached.
Table 4: Evaluation of Technical StaffTable 5: Evaluation of Other Staff(c) Plant and equipment owned: 15 marksAwarding of marks for all equipment depends on availing all information as in Annex 1.5 (Plant & Equipment. The maximum number of equipment in each category to be considered is listed in the 'No' column and a firm with that number will be awarded the maximum marks. Marks will then be awarded as a portion of that total number.Marks will only be awarded for plant and equipment with attached proof of ownership, which includes; registration documents (logbooks), certificate of importation and certificate of sale where appropriate.No provision for hired plant and equipment.Plant and equipment mark sheetTable 6: Building Works(d) This will consider the volume of projects done in the last five years, as indicated in table 7 below. The Firm experience - 16 markstotal value of projects done in the last five years will be divided by three, and the figure matched according to the ranges in column (1) and the corresponding marks in column (2).The list of projects, ongoing and completed, should be clearly provided in Annex 1.6 (firm's experience). Projects will only be considered if accompanied with documentary support; for ongoing projects, and completed projects (Practical Completion Certificate, Certificate of Taking Over and Final Acceptance Certificate).Table 7: Firms experience - building projects(e) Head office facilities: 5 marksThe office and service facilities indicated in Annex 1.4 will be graded according to—
(a)workshop and yard; marks awarded up to three. Items to be looked at include size, complexity.
(b)office space; include branches; marks awarded up to two.
Table 8: Office Facilities
4.FINANCIAL EVALUATION (30 marks)The following are items to be assessed in the financial evaluation of a contractor—
(a)turnover - 20 marks;
(b)cash flow or working capital - 10 marks.
Table 9: Financial Evaluation Scheme
5.AGGREGATE SCOREB+C = aggregate scoreB - Technical evaluation scoreC - Financial evaluation scoreTable 10: Aggregate scores per category
6.VALUE LIMITSForeign firms
(a)the registration fee for foreign firms to be enhanced to 20,000 USD per class of works; and
(b)renewal fee for foreign firms to be to 10,000 USD per class of works.

Part II

EVALUATION CRITERIA FOR REGISTRATION ROAD WORKS CONTRACTORS

I.ABOUT THE DRAFT CRITERIAThis document contains the evaluation criteria for contractors' registration. The evaluation will be carried out in three stages—
1.Physical evaluation of mandatory requirements.
2.Technical evaluation (70 marks).
3.Financial evaluation (30 marks).
Stage I - 'physical evaluation of mandatory requirements' - will assess the documents showing proof of existence and tax compliance of the company.Stage 2 - technical evaluation - will assess the technical aspects of the firm i.e. the directors, the staff, plant and equipment, firm's experience and office and work space. The relevant professional bodies shall include but not limited to—
(a)Engineers Board of Kenya or Institution of Engineers Kenya;
(b)Board of Registration of Architects and Quantity Surveyors;
(c)National Construction Authority skilled workers accreditation scheme;
(d)Institute of Certified Accountants of Kenya;
(e)Institute of construction project Managers;
(f)Institution of Engineering Technicians and Technologists; and
(g)Law society of Kenya, among others.
Stage 3 - financial evaluation - will assess the annual turnover and cash flow or working capital for the firm. This will be based on audited accounts of the company.The evaluation can only proceed to stage 2 and 3 upon complete presentation of all the mandatory requirements outlined in stage 1.
2.PHYSICAL EVALUATION OF MANDATORY REQUIREMENTSFulfillment of stage 1 requirements, as outlined in the application form, should allow a contractor to be considered for registration. Attachments are specified in the application form.Table l: Mandatory requirementsReferees:These should be fully defined—
(a)recommendation letters from clients and consultants for completed works;
(b)recommendation letters from former employers in related field; and
(c)letters and certification from professional bodies including but not limited to; Engineers Board of Kenya and Institution of Engineers Kenya, for engineers, Board of Registration of Architects and Quantity Surveyors for Architects and Quantity Surveyors among others.
3.TECHNICAL EVALUATION (70 MARKS) - specific for road worksThis stage will evaluate the technical strength of the company. The following will be evaluated—
(a)directors - 10 marks;
(b)staff - technical and support staff - 10 marks;
(c)plant and equipment owned - 20 marks;
(d)firms experience - 25 marks;
(e)office and workshop facilities - 5 marks.
(a) Directors : 10 marksThe authority will assess the managing director and technical director as indicated in Annex 1.1 (directors' details - to be revised)). The technical director will be graded according to the professional qualifications and relevant experience of not less than three years IN THE CONSTRUCTION INDUSTRY.Table 2 below highlights the marks awarded in respect of 1 technical director. Columns (4) and (5) provide for awarding industry experience marks as a percentage of columns (3). Marks will be allowed for up to two highest ranked technical directors for each firm, giving a maximum possible of 7.5 marks.Table 4 highlights the marks to be awarded to any other non-technical director(s) submitted for consideration by the firm. Marks will be awarded for up to two non-technical directors. These directors will be evaluated per relevant business or managerial experience. For each firm, giving a maximum possible of 2.5 marks.The firms score will be the total score for the two technical directors and the other two non-technical directors.Table 2: Directors Mark sheetTable 3: Other Directors Mark sheet(b) Staff- technical and support staff: 10 marksMarks will be awarded as indicated in Table 3 below for the academic qualifications and experience in the construction. Depending on the composition of staff submitted in Annex 1.2 (staff details), the breakdown is as follows—
(a)Degree holders - maximum of 2.0 marks each. If all staff provided have minimum of Bachelor's degree, evaluate up to two staff members at this level;
(b)Higher Diploma/ Diploma holders - maximum of 1.5 mark each. If all staff provided have minimum of Higher Diploma/ Diploma, evaluate up to two staff members at this level.
(c)Certificate and trade test holders - maximum of 0.75 marks each. If all staff provided have minimum of certificate/trade test, evaluate for up to four staff members in this level.Columns (4) and (5) provide for awarding industry experience marks as a percentage of columns (3).
(d)marks will only be awarded for staff whose academic certificates and detailed Curriculum Vitaes have been attached.
Table 4: Evaluation of technical staffTable 5: Evaluation of other staff(c) Plant and equipment owned: 20 marksAwarding of marks for all equipment depends on availing all information as in Annex 1.5 (plant and equipment). The maximum number of equipment in each category to be considered is listed in the 'No' column and a firm with that number will be awarded the maximum marks. Marks will then be awarded as a portion of that total number.Marks will only be awarded for plant and equipment with attached proof of ownership, which includes; registration documents (logbooks), certificate of importation and certificate of sale where appropriate.In addition, for NCA1, NCA2 and NCA3, the minimum score for plant and equipment is 16/20, 12/20 and 8/20 marks respectively.No provision for hired plant and equipment.Plant and equipment mark sheetTable 6: Road Works(d) Firm experience - 20 marksThis will consider the scope of works done of similar nature for the last five years, as indicated in Table 7 below.The list of projects; ongoing and completed, should be clearly provided in Annex 1.6 (firm's experience). Projects will only be considered if accompanied with documentary support; for ongoing projects, and completed projects (Practical Completion Certificate, Certificate of Taking Over, and Final Acceptance Certificate).Table 7: Firm's Experience - Roads Projects:Note:For NCA1, NCA2 and NCA3, the minimum score for firm's experience is 22/25, 16/25 and 11/25 marks respectively.(e) Office facilities: 5 marksThe office and service facilities indicated in Annex 1.4 will be graded according to the–
(a)workshop and yard, marks awarded up to three. Items to be looked at include size and complexity;
(b)office space, include branches, marks awarded up to two.
Table 8: Office facilities
4.FINANCIAL EVALUATION (30 MARKS)The following are items to be assessed in the financial evaluation of a contractor—
(a)turnover - 20 marks;
(b)cash flow or working capital - 10 marks.
Table 9: Financial Evaluation Scheme
5.AGGREGATE SCOREB+C = aggregate score;B - Technical evaluation score;C - Financial evaluation score.Table 10: Aggregate scores per category
6.VALUE LIMITSForeign firms:The registration fee for foreign firms to be enhanced to 20,000 USD per class of works.

Part III

EVALUATION CRITERIA FOR REGISTRATION OF WATER WORKS CONTRACTORS

I.ABOUT THE DRAFT CRITERIAThis document contains the draft evaluation criteria for contractors' registration. The evaluation will be carried out in 3 stages—

1. Physical evaluation of mandatory requirements.

2. Technical evaluation.

3. Financial evaluation.

Stage I - 'physical evaluation of mandatory requirements' - will assess the documents showing proof of existence and tax compliance of the company.Sage 2 - technical evaluation - will assess the technical aspects of the firm i.e. the directors, the staff, plant and equipment, firm's experience and office and work space.In this stage, membership in professional regulatory bodies shall earn the directors and staff extra points. The relevant professional bodies shall include but not limited to—(a)Engineers Board of Kenya;(b)Board of Registration of Architects and Quantity Surveyors;(c)National Construction Authority skilled workers accreditation scheme;(d)Institute of Certified Accountants of Kenya;(e)Institute of construction project Managers;(f)Institution of Engineering Technologists and Technicians; and(g)Law society of Kenya, among others.Stage 3 - financial evaluation - will assess the annual turnover and cash flow/working capital for the firm. This will be based on audited accounts of the company.The evaluation can only proceed to stage 2 and 3 upon complete presentation of all the mandatory requirements outlined in stage 1.
2.PHYSICAL EVALUATION OF MANDATORY REQUIREMENTSFulfillment of stage 1 requirements, as outlined in the application form, should allow a contractor to be considered for registration. Attachments are specified in the application form.Table l: Mandatory requirementsNote on Referees:
(a)recommendation letters from clients and consultants for completed works;
(b)letters and certification from professional bodies including but not limited to Engineers Board of Kenya and Institute of Engineers Kenya for engineers, Board of Registration of Architects and Quantity Surveyors for Architects & Quantity Surveyors among others.
Table 2: Additional requirements for Water Works Contractors
3.TECHNICAL EVALUATION (70 MARKS)This stage will evaluate the technical strength of the company. The following will be evaluated—
(a)directors - 10 marks;
(b)staff - technical and support staff - 10 marks;
(c)plant and equipment owned - 20 marks;
(d)firms experience - 25 marks;
(e)office and workshop facilities - 5 marks.
(a) Directors: 10 marksThe authority will assess two technical directors as indicated in Annex 1.1 (Directors' Details). The Technical director will be graded according to the professional qualifications and relevant experience of not less than three years IN THE CONSTRUCTION INDUSTRY.Table 3 below highlights the marks awarded in respect of 1 Technical Director. Columns (4) and (5) provide for awarding industry experience marks as a percentage of column (3). Marks will be allowed for up to two of the highest ranked technical Directors for each firm, giving a maximum possible of 7.5 marks.Table 4 highlights the marks to be awarded to any other non-technical director(s) submitted for consideration by the firm. Marks will be awarded for up to a maximum of 2.5 marks for 2 non-technical directors. These directors will be evaluated per relevant business or managerial experience.The firms score will be the total score for the two technical directors and the other two non-technical directors.
Table3: Directors mark sheetTable 4: Other Directors mark sheet(b) Staff- technical and support staff: 10 marksMarks will be awarded as indicated in table 5 below for the academic qualifications and experience in the construction. Depending on the composition of staff submitted in Annex 1.2 (staff details), the breakdown is as follows—
(a)Degree holders - maximum of 1.75 marks each. If all staff provided have minimum of Bachelor's degree, evaluate up to 2 staff members at this level.
(b)Higher Diploma/ Diploma holders - maximum of 1.25 mark each. If all staff provided have minimum of Higher Diploma/ Diploma, evaluate up to two staff members at this level.
(c)Certificate and trade test holders - maximum of 0.75 marks each. If all staff provided have minimum of certificate/trade test, evaluate for up to four staff members in this level.Columns (4) and (5) provide for awarding industry experience marks as a percentage of column (3).
(d)marks will only be awarded for staff whose academic certificates and detailed curriculum vitae have been attached.
Table 5: Evaluation of Technical StaffTable 6: Evaluation of other Staff(c) Plant and equipment owned: 20 marksAwarding of marks for all equipment depends on availing all information as in Annex 1.5 (plant and equipment). The maximum number of equipment in each category to be considered is listed in the 'No' column, and a firm with that number will be awarded the maximum marks. Marks will then be awarded as a portion of that total number.Marks will only be awarded for plant and equipment with attached proof of ownership, which includes; registration documents (logbooks), certificate of importation and certificate of sale where appropriate.No provision for hired plant and equipment.Plant and Equipment Mark sheetTable 7: Water Works(d) Firm experience - 25 marksThis will consider the scope of works done of similar nature for the last three years, as indicated in Table 8 below.The list of projects; ongoing and completed, should be clearly provided in Annex 1.6 (firm's experience). Projects will only be considered if accompanied with documentary support; for ongoing projects, and completed projects (Practical Completion Certificate, Certificate of Taking Over, and Final Acceptance Certificate).Table 8: Firm’s experience (e) Office facilities: 5 marksThe office and service facilities indicated in Annex 1.4 will be graded according to the—
(a)workshop and yard – marks awarded up to three. Items to be looked at include size, complexity;
(b)office space (include branches) – marks awarded up to two.
Table 9: Office Facilities
4.FINANCIAL EVALUATION (30 MARKS)The following are items to be assessed in the financial evaluation of a contractor—
(a)turnover - 20 marks;
(b)cash flow or working capital - 10 marks.
Table 10: Financial Evaluation Scheme
5.AGGREGATE SCOREB+C = aggregate score;B - Technical evaluation score;C - Financial evaluation score;The total score shall then be matched as per table 11 below to obtain the category of the evaluated applicant.Table 11: Aggregate scores per categoryOther ProposalsForeign firms:
(a)the registration fee for foreign firms to be enhanced to 20,000 USD per class of works;
(b)renewal fee for foreign firms to be to 10,000 USD per class of works.
6.VALUE LIMITSThe proposed value limits are as per Table 12 here below—Table 12: Value limits for categories of works

Part IV

EVALUATION CRITERIA FOR REGISTRATION OF CONTRACTORS FOR ELECTRICAL, ELECTRONIC AND COMMUNICATION ENGINEERING WORKS

1.ABOUT THE DRAFT CRITERIAThis document contains the draft evaluation criteria for contractors' registration. The evaluation will be carried out in three stages—

1. Physical evaluation of mandatory requirements.

2. Technical Evaluation (70 marks).

3. Financial Evaluation (30 marks).

Stage 1 - 'physical evaluation of mandatory requirements' - will assess the documents showing proof of existence and tax compliance of the company. This stage shall also assess compliance with other mandatory statutory requirements.Stage 2 - technical evaluation - will assess the technical aspects of the firm i.e. the directors, the staff, plant and equipment, firm's experience and office and work space.In this stage, membership in professional regulatory bodies shall earn the directors and staff extra points. The relevant professional bodies shall include but not limited to—(a)Engineers Board of Kenya;(b)Board of Registration of Architects and Quantity Surveyors;(c)National Construction Authority skilled workers accreditation scheme;(d)Institute of Certified Public Accountants of Kenya;(e)Institute of construction project Managers;(f)Institution of Engineering Technologists and Technicians; and(g)Law society of Kenya, among others.Stage 3 - financial evaluation - will assess the annual turnover, largest contract, and available cash for the firm.The evaluation can only proceed to stage two and three upon complete presentation of all the mandatory requirements outlined in stage one.
2.PHYSICAL EVALUATION OF MANDATORY REQUIREMENTSFulfillment of stage 1 requirements, as outlined in the application form, should allow a contractor to be considered for registration. Attachments are specified in the application form.Table 1: Mandatory requirementsReferees should be from among the following—
(a)letters from clients and consultants of completed projects;
(b)letters and certifications from recognized professional bodies or institutions from which the applicant is a member; and
(c)letters from previous employers.
Table 2A: Additional Mandatory Statutory Requirements for Electrical Engineering ContractorsTable 2B: Additional Mandatory Requirements for Communications Engineering Contractors
3.TECHNICAL EVALUATION (70 MARKS)This stage will evaluate the technical strength of the company. The following will be evaluated—
(a)directors - technical and other directors - 10 marks;
(b)staff - technical and support staff - 20 marks;
(c)plant and equipment owned - 15 marks;
(d)firms experience - 20 marks;
(e)workshop and office facilities - 5 marks.
(a) Directors - technical and Others : 10 marksThe authority will assess a maximum of two technical directors as indicated in Annex 1.1 (Directors' Details). The Technical director will be graded according to the professional qualifications and relevant experience of not less than three years IN THE CONSTRUCTION INDUSTRY.Table 3 below highlights the marks awarded in respect of one technical Director. Columns (4) and (5) provide for awarding industry experience marks as a percentage of columns (3). Marks will be allowed for up to two highest ranked Technical Directors for each firm, giving a maximum possible of 7.5 marks.Table 4 highlights the marks to be awarded to any other non-technical director(s) submitted for consideration by the firm. Marks will be awarded for up to a maximum of 2.5 marks for two non-technical directors. These directors will be evaluated per relevant business or managerial experience.The firms score will be the total score for the 2 technical directors and the other 2 non-technical directors.Table 3: Technical Directors Mark sheetTable 4: Other Directors(b) Staff- technical and support staff: 20 marksMarks will be awarded as indicated in table five below for the academic qualifications and experience in the construction industry. Depending on the composition of staff submitted in Annex 1.2 (staff details), the breakdown shall be as follows—
(a)Degree holders - maximum of 2.0 marks each. If all staff provided have minimum of Bachelor's degree, evaluate up to two staff members at this level;
(b)Higher Diploma/ Diploma holders - maximum of 1.5 mark each. If all staff provided have minimum of Higher Diploma/ Diploma, evaluate up to four staff members at this level;
(c)Certificate and trade test holders - maximum of 1.0 marks each. If all staff provided have minimum of certificate/trade test, evaluate for up to eight staff members in this level;Columns (4) and (5) provide for awarding industry experience marks as a percentage of column (3). The marks for the technical staff will be the total for the above categories, with a maximum of eighteen;
(d)two marks will be awarded for the non-technical support/other management staff as indicated in table six below;
(e)marks will only be awarded for staff whose certified academic certificates and other professional certificates have been attached.
Table 5: Evaluation of Technical Staff (Electrical Installation)Table 6: Evaluation of other staff(c) Plant and equipment owned: 15 marksAwarding of marks for all equipment depends on applicant providing all information as requested in Annex 1.5 (plant and equipment) of the application form. The maximum number of equipment in each category to be considered is listed in the 'No' column and a firm with that number will be awarded the maximum marks. Marks will then be awarded as a portion of that total number.Marks will only be awarded for plant and equipment with attached proof of ownership, which includes; registration documents (logbooks), certificate of importation and certificate of sale where appropriate.No provision is made for hired plant and equipment.Plant and Equipment Mark sheetTable 7A: Electrical InstallationTable 7B: Generators and LiftsTable 7C: Solar PV InstallationTable 7D: Power Line Construction (Distribution & Transmission)Table 7E: Electronic, Communication, Security and Access Systems(d) Firm's experience - 20 marks
(i)Firm's experience - Electrical Installation Works
The firm's experience in electrical installation work shall be evaluated using table 8A and table 8B.The volume of projects done in the last five years shall be considered as indicated in table 8A below. A maximum of 10 marks shall be awarded for volume of work done.The value of the largest single projects done in the last five years will be matched according to the ranges in Column (1) and the corresponding marks in Column (2).The list of projects, ongoing and completed, should be clearly provided in Annex 1.6 (firm's experience).Projects will only be considered if accompanied with documentary support; for ongoing projects, and completed projects (Practical Completion Certificate, Certificate of Taking Over, and Final Acceptance Certificate).Table 8B is used to evaluate the firms' experience based on the complexity of the projects handled. The firm with the highest class of the Energy Regulatory Commission licence for electrical installation works shall score a maximum of 10 marks.The total score on the firm's experience in electrical installation work shall be a combination of the volume of work done and the complexity of work done based on the class of the Energy Regulatory Commission licence of the firm.Table 8A: Firm’s experience – Volume of Work (Electrical Installation Works):Table 8B: Firms Experience - Complexity of Works (Electrical Installation Works)
(ii)Firm's Experience - (Construction of Power Lines, Wireless Communications, Structured Cabling, and Security & Access Control, Generators, Lifts, Solar, Audio Visual, and Instrumentation & PLCs)
The volume of projects done in the last five years shall be considered as indicated in Table 8C and Table 8D below. A maximum of 20 marks shall be awarded for volume of work done.The total value of projects done in the last five years will be divided by 3, and the figure matched according to the ranges in Column (1) and the corresponding marks in Column (2).The List of projects, ongoing and completed, should be clearly provided in Annex 1.6 (Firm's Experience).Projects will only be considered if accompanied with documentary support; for ongoing projects, and completed projects (Practical Completion Certificate, Certificate of Taking Over, and Final Acceptance Certificate).Table 8C: Firm’s experience – Volume of Work (Construction of Power Lines, Wireless Communications, Structured Cabling, and Security & Access Control):Table 8D: Firm’s experience – Volume of Work (Generators, Lifts, Solar, Audio Visual, and Instrumentation & PLCs):Table 8E: Firm’s experience – Volume of Work (Construction of Power Lines):(e) Head office facilities and workshop: 5 marksThe office and service facilities indicated in Annex 1.4 will be graded according to the—
(a)workshop and yard – marks awarded up to three. Items to be looked at include size, complexity;
(b)office space, include branches– marks awarded up to two.
Table 9: Office Facilities and Workshop
4.FINANCIAL EVALUATION (30 MARKS)The following are items to be assessed in the financial evaluation of a contractor—
(a)turnover
(b)cash flow and working capital
Table 10A: Financial Evaluation Scheme (Electrical, Construction of Power Lines, Wireless Communications, Structured Cabling, Security & Access Control Systems):Table 10B: Financial Evaluation Scheme (Generators, Lifts & Escalators, Solar PV, Audio Visual, Instrumentation & PLCs):Other Comments:The marks awarded to the construction firm for experience will be reduced by a maximum of 30 percent of total marks awarded if there is proof of any of the following—
(a)delays to works;
(b)poor construction standards;
(c)other malpractices that may compromise the quality and safety of works.
5.AGGREGATE SCOREB + C = aggregate score, where—B - technical evaluation scoreC - financial evaluation scoreThe total score shall then be matched as per table 11A or table 11B below to obtain the category of the evaluated applicant.Table 11A shall apply to the following sub-classes—
(a)electrical installation works;
(b)construction of power lines;
(c)wireless communication systems;
(d)structured cabling and IP telephony; and
(e)security and access control systems.
Table 11A: Evaluation Scores (for 6 possible categories)Table 11B shall apply to the following sub-classes–
(a)generator installation;
(b)lifts and escalators, and travellator installation;
(c)solar PV Installation;
(d)audio visual systems; and
(e)instrumentation and PLC systems.
Table 11B: Evaluation Scores (for 4 possible categories)ANNEXURES.Table 12: Sub-Classes and Value Limits for Electrical, Electronic and Communications Engineering Works

Part V

EVALUATION CRITERIA FOR REGISTRATION OF MECHANICAL WORKS CONTRACTORS

1.ABOUT THE CRITERIAThis document contains the evaluation criteria for contractors' registration. The evaluation will be carried out in three stages—
1.Physical evaluation of mandatory requirements.
2.Technical Evaluation (70 marks).
3.Financial Evaluation (30 marks).
Stage 1- 'physical evaluation of mandatory requirements' - will assess the documents showing proof of existence and tax compliance of the company.Stage 2 - technical evaluation - will assess the technical aspects of the firm i.e. the directors, the staff, plant and equipment, firm's experience and office and work space.The relevant professional bodies shall include but not limited to—
(a)Engineers Board of Kenya or Institution of Engineers Kenya;
(b)Board of Registration of Architects and Quantity Surveyors;
(c)National Construction Authority skilled workers accreditation scheme;
(d)Institute of certified accountants of Kenya;
(e)Institute of construction project Managers;
(f)Institution of Engineering Technicians and Technologists; and
(g)Law society of Kenya, among others.
Stage 3 – financial evaluation - will assess the annual turnover and cash flow or working capital for the firm. This will be based on audited accounts of the company.The evaluation can only proceed to stage 2 and 3 upon complete presentation of all the mandatory requirements outlined in stage 1.
2.PHYSICAL EVALUATION OF MANDATORY REQUIREMENTSFulfillment of stage 1 requirements, as outlined in the application form, should allow a contractor to be considered for registration. Attachments are specified in the application form.Table 1: Mandatory requirementsRefereesThese should be fully defined—
(a)recommendation letters from clients and consultants for completed works;
(b)recommendation letters from former employers in related field.
(c)letters and certification from professional bodies including but not limited to Engineers Board of Kenya and Institution of Engineers Kenya for engineers, Board of Registration of Architects and Quantity Surveyors for architects and quantity surveyors among others.
Table 2: Additional mandatory requirements for mechanical contractors
3.TECHNICAL EVALUATION (70 MARKS) – Specific for mechanical worksThis stage will evaluate the technical strength of the company. The following will be evaluated–
(a)directors - 12 marks
(b)staff - technical and support staff - 18 marks
(c)plant and equipment owned - 15 marks
(d)firms experience - 20 marks
(e)office and workshop facilities - 5 marks
(a) Directors: 12 marksThe authority will assess the managing director and technical director as indicated in Annex 1.1 (directors 'details - to be revised). The technical director will be graded according to the professional qualifications and relevant experience of not less than three years IN THE CONSTRUCTION INDUSTRY.Table 3 below highlights the marks awarded in respect of one technical director. Columns (4) and (5) provide for awarding industry experience marks as a percentage of columns (3). Marks will be allowed for up to two highest ranked technical directors for each firm, giving a maximum possible of nine marks.Table 4 highlights the marks to be awarded to any other non-technical director(s) submitted for consideration by the firm. Marks will be awarded for up to two non-technical directors. These directors will be evaluated per relevant business or managerial experience.The firms score will be the total score for the two technical directors and the other two non-technical directors.Table 3: Directors Mark sheetTable 4: Other Directors Mark sheet(b) Staff – technical and support staff: 18 marksMarks will be awarded as indicated in table 5 below for the academic qualifications and experience in the construction. Depending on the composition of staff submitted in Annex 1.2 (staff details), the breakdown is as follows—
(a)Degree holders - maximum of 2.0 marks each. If all staff provided have minimum of Bachelor's degree, evaluate up to two staff members at this level.
(b)Higher Diploma/Diploma holders - maximum of 1.5 marks each. If all staff provided have minimum of Higher Diploma/Diploma, evaluate up to four staff members at this level.
(c)Certificate and trade test holders - maximum of 1.0 marks each. If all staff provided have minimum of certificate/trade test, evaluate for up to six staff members in this level.Columns (4) and (5) provide for awarding industry experience marks as a percentge of columns (3).
(d)marks will only be awarded for staff whose academic certificates and detailed curriculum vitae have been attached.
Table 5: Evaluation of Technical StaffTable 6: Evaluation of Other Staff(c) Plant and equipment owned: 15 marksAwarding of marks for all equipment depends on availing all information as in Annex 1.5 (plant and equipment). The maximum number of equipment in each category to be considered is listed in the 'No' column and a firm with that number will be awarded the maximum marks. Marks will then be awarded as a portion of that total number.Marks will only be awarded for plant and equipment with attached proof of ownership, which includes; registration documents (logbooks), certificate of importation and certificate of sale where appropriate.In addition, for NCA 1 and NCA 2, the minimum score for plant and equipment is 12 marksNo provision for hired plant and equipment.Plant and Equipment Mark sheetTable 7a: General Equipment for Mechanical worksTable 7b: Additional equipment for Refrigeration, cold-rooms & AC/ventilation worksTable 7c: Additional equipment for Boilers, Incinerators and pressure vessels worksTable 7d: Additional equipment for Bore hole drilling & equipping works(d) Firm experience - 20 marksThis will consider the scope of works done of similar nature for the last three years, as indicated in table 8 below.The list of projects, ongoing and completed, should be clearly provided in Annex 1.6 (firm's experience). Projects will only be considered if accompanied with documentary support, for ongoing projects, and completed projects (Practical Completion Certificate, Certificate of Taking Over, Final Acceptance Certificate).Table 8a below shall apply for—
(a)plumbing, drainage and sanitary fittings;
(b)refrigeration, cold rooms, air conditioning and mechanical ventilation;
(c)water tanks, treatment plants and pump plants;
(d)compressed air, hydraulic, LP and medical gas installation;
(e)cranes and hoist installation;
(f)mechanical plant and equipment installation;
(g)oil/gas storage, distribution and pumping;
(h)bore hole drilling and equipping; and
(i)solar water heating systems.
Table 8a: Firm’s Experience – Projects in relevant trade:Table 8b below shall apply for—
(a)fire engineering services and installation works;
(b)swimming pool construction and installation;
(c)boilers, incinerators and pressure vessels installation.
Table 8b: Firm’s Experience – Projects in relevant trade:Note:For NCA1 and NCA2, the minimum score for firm's experience is 16/20 and 14/20 marks respectively.(e) Office facilities: 5 marksThe office and service facilities indicated in Annex 1.4 will be graded according to the–
(a)workshop and yard – marks awarded up to three. Items to be looked at include size and complexity;
(b)office space, include branches; marks awarded up to two.
Table 9: Office Facilities
4.FINANCIAL EVALUATION (30 MARKS)The following are items to be assessed in the financial evaluation of a contractor—
(a)turnover - 20 marks;
(b)cash flow or working capital - 10 marks.
Table 10a below shall apply for—
(a)plumbing, drainage and sanitary fittings;
(b)refrigeration, cold rooms, air conditioning and mechanical ventilation;
(c)water tanks, treatment plants and pump plants;
(d)compressed air, hydraulic, LP and medical gas installation;
(e)cranes and hoist installation;
(f)mechanical plant and equipment installation;
(g)oil/gas storage, distribution and pumping;
(h)bore hole drilling and equipping; and
(i)solar water heating systems.
Table 10a: Financial Evaluation SchemeTable 10b below shall apply for—
(a)fire engineering services and installation works;
(b)swimming pool construction and installation; and
(c)boilers, incinerators and pressure vessels installation.
Table 10: Financial Evaluation Scheme
(c)AGGREGATE SCORE:B + C = Aggregate ScoreB - Technical evaluation scoreC - Financial evaluation scoreThe total score shall then be matched as per table 10 (a) or table 10 (b).Table 10a below shall apply for—
(a)plumbing, drainage and sanitary fittings;
(b)refrigeration, cold rooms, air conditioning and mechanical ventilation;
(c)water tanks, treatment plants and pump plants;
(d)compressed air, hydraulic, LP and medical gas installation;
(e)cranes and hoist installation;
(f)mechanical plant and equipment installation;
(g)oil/gas storage, distribution and pumping;
(h)bore hole drilling and equipping; and
(i)solar water heating systems.
Table 10a: aggregate scoring plan (6 category scheme)Table 10b below shall apply for—
(a)fire engineering services and installation works;
(b)swimming pool construction and installation; and
(c)boilers, incinerators and pressure vessels installation.
Table 10a: aggregate scoring plan (4 category scheme)Foreign firms
(a)the registration fee for foreign firms to be enhanced to 20,000 USD per class of works; and
(b)renewal fee for foreign firms to be to 10,000 USD per class of works.

CATEGORIZATION OF MECHANICAL WORKS

NB: All NCA 1 contractors MUST be unlimited by capacity and complexity.
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