The National Construction Authority Regulations

Legal Notice 74 of 2014

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Legal Notice 74 of 2014

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National Construction Authority Act

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NATIONAL CONSTRUCTION AUTHORITY ACT

THE NATIONAL CONSTRUCTION AUTHORITY REGULATIONS

LEGAL NOTICE 74 OF 2014

Published in Kenya Gazette Vol. CXVI—No. 71 on 13 June 2014
Commenced on 13 June 2014

[Amended by National Construction Authority (Amendment) Regulations, 2017 (Legal Notice 24 of 2017) on 10 March 2017]
[Amended by National Construction Authority Corrigenda (Corrigendum 25 of 2017) on 21 April 2017]
[Amended by National Construction Authority (Amendment) Regulations, 2017 (Legal Notice 274 of 2017) on 24 November 2017]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

Part I – PRELIMINARY

1. Citation

These Regulations may be cited as National Construction Authority Regulations.

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 subregulation (2) 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 for registration 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 the 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.]

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.]

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 by L.N 24/2017.]

26. [Deleted by L.N 24/2017.]

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 paragraph (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 REQUIREMENTS

*Mandatory requirements*		*For Official use*
(a)	Receipt of the payment of application form
(b)	Society name/ Company name, Address and Contacts
(c)	Certificate of registration with societies /Certificate of Incorporation and memorandum ofassociation
(d)	Valid Business Permit
(e)	CR 12
(f)	Valid work permit for foreign staff
(g)	Application form duly completed including all annexes
(h)	Declaration signed, witnessed and stamped
(i)	Tax compliance certificate
(j)	Referees - Should be defined

Fulfillment 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 marks

The 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 sheet

Technicaldirector'sprofessionalqualification (1)	Marks to be awarded		**Exp. In years**(4)	% of totalmarks (5)
Technicaldirector'sprofessionalqualification (1)	BasicProfessionalQualification (2)	Industry Experience(3)	>108-105-7<5	100806040
Bachelor'sDegree.	1.5	2.0
Higher Diploma	1.25	1.5
Diploma	1.0	1.25
Certificate.	0.75	1.0
Trade test	0.5	0.75
NB:Registration by relevant professional body will give director 1 mark

Table 3: Other Directors Mark sheet

//Otherdirector'sprofessionalqualification (1)//	Marks to be awarded		//Exp. In years(4)//	//% of totalmarks (5)//
//Otherdirector'sprofessionalqualification (1)//	BasicProfessionalQualification (2)	//Industry Experience(3)//	>108 - 105 - 7<5	100806040
Bachelor'sDegree.	0.5	0.75
Higher Diploma.	0.4	0.5
Diploma	0.3	0.3
Certificate.	0.2	0.2
Trade test	0.1	0.1
NB:Registration by relevant professional body will give director 0.25 marks

(b) Staff- technical and support staff: 22 marks

Marks 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 Staff

Technical staffprofessionalqualifications (1) in related field of study)	Marks to be awarded		Experience in years(4)	% of totalmarks (8)
	BasicProfessionalQualification (2)	Experience in construction(3)	>108-105-7<5	100806040
Bachelor'sDegree.	0.75	1.0
Higher Diploma/Diploma	0.5	0.75
Certificate/trade test	0.25	0.25
NB:Registration by relevant professional body will give technical staff 0.25 marks

Table 5: Evaluation of Other Staff

Other Staff		Marks
Accounts and Finance Department		1
Human Resource Department		1
Administration		1
Occupational Health and Safety Officer		1

(c)Plant and equipment owned: 15 marks

Awarding 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 sheet

Table 6: Building Works

*Plant & Equipment*	*No.*	*Marks*
Earth Moving	6	2.5
Bull Dozers (Min, capacity 280HP)	1
Graders (Min. capacity 186 HP)	1
Loaders (Min. capacity 200 HP)	2
Backhoes (Min. capacity 100 HP)	1
Excavator (30T above 230 HP)	1

Hauling & Transportation	15	2.5
Tippers ( l5cumt or 25T payload)	5
Agricultural Tractor 4x4, 120HP complete with trailers	1
Non-tipping Truck (Min. capacity 7T)	5
Site dumpers (Min. capacity 3T)	4

Concreting Equipment	10	2.5
Concrete Mixers (Min. 750lts)	5
Compressors (136 Cfm) & vibrators	3
Concrete pump (10m3/hr at 25m high)	2

Facilities & Workshops	3	2
Metal works	1
Carpentry & joinery	1
Precast concrete elements	1

Surveying Equipment	3	0.5
Leveling Instrument (e.g. Dumpy level)	2
Theodolite/Total Station	1

Cranes, hoisting and lifting equipment	4	2
Tower crane (Min 25T)	2
Passenger hoists	1
Mobile crane (Min. 25T)	1

Water Equipment& Generators	15	1
Water Bowsers (Min. 3000lts)	6
Water Pumps (Min. 4" suction)	6
Generator Set (Min. 250KVA)	3

Miscellaneous		2
Assortment of hand tools (set of shovels, pans, pick axes, hoes, wheelbarrows, etc.
Scaffolding
Light Duty Vehicles (Pick-ups)
Welding Set
Safety gear

TOTAL		15

(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

Projects Value (in millions Kshs) (1)	Marks for Volume of Works over last five years (2)	Notes (3)
500,000,000 +	16	Step 1: Total Project Values overlast 5 years (single project)Step 2: Find range in Column (1) that figure falls inStep 3: Award corresponding mark
400,000,000 - 500,000,000	14
300,000,000 - 400,000,000	12
200,000,000 - 300,000,000	10
100,000,000 - 200,000,000	8
50,000,000 - 100,000,000	6
20,000,000 - 50,000,000	4
Below 20,000,000	3

(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

		*Marks awarded*
Workshop and yard		up to 3
Office space		up to 2

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

Annual Turn Over(Kshs)	*Marks*	*Cash Flow/ Working Capital*	*Marks*
315,000,000 - Above	20.0	50,000,000 - Above	10.0
225,000,000-375,000,000	17.5	30,000,000 - 50,000,000	8.5
150,000,000 - 225,000,000	15.0	20,000,000 - 30,000,000	6.5
75,000,000 - 150,000,000	12.5	10,000,000 - 20,000,000	5.0
37,500,000 - 75,000,000	10.0	5,000,000 - 10,000,000	3.0
15,000,000 - 37,500,000	7.5	1,000,000 - 5,000,000	3.0
7,500,000 - 15,000,000	5.0	500,000 - 100,000	2.0
Below 7,500,000	2.5	Below 500,000	2.0

5.AGGREGATE SCOREB+C = aggregate scoreB - Technical evaluation scoreC - Financial evaluation score

Table 10: Aggregate scores per category

*Category*	*Marks Awarded*	*For Official Use*
NCA 1	81 - 100
NCA 2	66 - 80
NCA 3	56 - 65
NCA 4	46 - 55
NCA 5	36 - 45
NCA 6	21 - 35
NCA 7	10 - 20
NCA 8	to meet all the Mandatory requirements

6.VALUE LIMITS

	Class	Category	*Value of Works*
A	Building Works	NCA 1	UNLIMITED
		NCA 2	1,500,000,000.00
		NCA 3	750,000,000.00
		NCA 4	500,000,000.00
		NCA 5	200,000,000.00
		NCA 6	100,000,000.00
		NCA 7	50,000,000.00
		NCA 8	10,000,000.00

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.

Part II – EVALUATION CRITERIA FOR REGISTRATION OF 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).

(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.

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 requirements

	*Minimum requirements*	*For Official Use*
(a)	Receipt of the payment of application form
(b)	Society name/ Company name, Address and Contacts
(c)	Certificate of registration with societies / Certificate of Incorporation and memorandum of association
(d)	Valid Business Permit
(e)	CR 12
(f)	Valid work permit for foreign staff
(g)	Application form duly completed including all annexes
(h)	Declaration signed, witnessed and stamped
(i)	Tax compliance certificate
(j)	Referees - Should be defined

Referees: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 sheet

Technical director's professional qualification (1)	Marks to be awarded		Exp. In years (4)	% of total marks (5)
Technical director's professional qualification (1)	Basic Professional Qualification (2)	Industry Experience (3)	>108-105-7<5	100806040
Bachelor's Degree.	1.0	1.75
Higher Diploma	0.75	1.25
Diploma	0.5	1.0
Certificate	0.25	0.75
Trade test	0.25	0.5
NB:Registration by relevant professional body will give technical staff 1 mark

Table 3: Other Directors Mark sheet

Other director's professional qualification (1)	Marks to be awarded		Exp. In years (4)	% of total marks (5)
Other director's professional qualification (1)	Basic Professional Qualification (2)	Industry Experience(3)	>108-105-7<5	100806040
Bachelor's Degree.	0.25	0.75
Higher Diploma	0.2	0.5
Diploma	0.15	0.3
Certificate	0.1	0.2
Trade test	0.05	0.1
NB:Registration by relevant professional body will give technical staff 0.25 marks

(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 staff

Technical staff professional qualifications (1) (in related field of study)	*Marks to be awarded*		*Experience in years (4)*	*% of total marks*(5)
	Basic Professional Qualification (2)	Experience in construction (3)	>108-105-7<5	100806040
Bachelor's Degree.	0.75	1.0
Higher Diploma/Diploma	0.5	0.75
Certificate/trade test	0.25	0.25
NB:Registration by relevant professional body will give technical staff 0.25 marks

Table 5: Evaluation of other staff

*Other Staff*		*Marks*
Accounts and Finance Department		0.5
Human Resource Department		0.5
Administration		0.5
Occupational Health and Safety Officer		0.5

(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

Plant & Equipment	*No.*	*Roads*
Earth Moving	20	5
Bull Dozers (Min. capacity 280 HP)	3
Excavator (30T and above 230 HP)	5
Graders (Min. capacity 186 HP)	6
Loaders (Min. capacity 200 HP)	4
Backhoe (Min capacity 100HP)	2
*Hauling & Transportation*	30	3
Tippers ( 15cumt or 25T payload)	20
Agricultural Tractor 4x4, 120HP complete with trailers	2
40T Low Loaders + Prime Mover 300HP	4
Non-tipping Truck (Min. 7T)	4
Asphalt & Crusher Plant	2	2
Stone Crusher 3 stages (P/S/T), installed power 750KVA	1
Asphalt Plants with 4/5 cold bins, separate dryer and mixer, bag filter for dust collection 80/100T, installed power 600KVA	1
Concreting Equipment	10	1.5
Concrete Mixers (Min. 7501ts)	6
Compressors (Min. 136 Cfm) & vibrators	4
Concrete batch plant weigh scale capacity min. 30cumt/hr	1
Pavement construction (Road Making Equipment)	30	5
Vibrating Rollers (Min. capacity 12T)	6
Tandem Rollers (Min. capacity 10T)	4
Pneumatic Tyre Rollers (Min 10T, 10 wheels)	4
Pedestrian Rollers/Plate Compactors	4
Hand Compressors	2
Asphalt Paver with hydraulic extended tamper table, automatic level controls, heaters for tamping table	2
Chip Spreader (Self-propelled for 3.5m wide carriage way)	2
Bitumen Distributor or Sprayer (Min. 8T for spraying 3.5m wide carriage way)	2
Mechanical Broom	2
Stabilization equipment	2
Surveying Equipment	3	0.5
Leveling Instrument (e.g. Dumpy level)	2
Theodolite/Total Station	1
Water Equipment & Generators	15	1
Water Bowsers (Min. 30001ts)	6
Water Pumps (Min. 4" suction)	6
Generator Set (Min. 250 KVA)	3
Miscellaneous	2
Assortment of Hand Tools (set of shovels, pans, pick axes, hoes, wheel-barrows, etc.
Light Duty Vehicles (Pick-ups)
Welding Set (Min. 300Amps)
TOTAL		20

(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:

Projects Description and Value range(Kshs.)	*Marks Score*	*Notes*
Bituminous Works above Kshs. 2.5 Billion	25	Step 1: Total Project Values overlast 5 years (single project)
Bituminous Works between Kshs. 1.5 - 2.5 Billion	22	Step 2: Find range in Column (1) that figure falls in
Bituminous Works between Kshs. 1.0 - 1.5 Billion	20
Bituminous/Gravel Works between Kshs. 0.5 - 1.0 Billion	15
Bituminous/Gravel Works between Kshs. 250 - 500 Million	10	Step 3: Award corresponding to column
Bituminous Works between Kshs. 100 - 250 Million	8
B ituminous/Gravel Works between Kshs. 20 - 100 Million	5
Bituminous/Gravel Works between less than Kshs. 20 Million	3

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

		Marks awarded
workshop and yard		3
office space		2

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

Annual Turn Over ( Kshs)	Marks	Cash Flow / Working Capital	Marks
1,125,000,000 - Above	20.0	75,000,000 - Above	10.0
750,000,000 - 1,000,000,000	17.5	50,000,000 - 75,000,000	8.5
450,000,000 - 750,000,000	15.0	30,000,000 - 50,000,000	6.5
300,000,000 - 450,000,000	12.5	20,000,000 - 30,000,000	5.0
150,000,000 - 300,000,000	10	5,000,000 - 20,000,000	3.0
75,000,000 - 150,000,000	7.5	2,500,000 - 5,000,000	3.0
37,500,000 - 75,000,000	5.0	1,250,000 - 2,500,000	2.0
Below 37,500,000	2.5	Below 1,250,000	2.0

5.AGGREGATE SCOREB+C = aggregate score;B - Technical evaluation score;C - Financial evaluation score.

Table 10: Aggregate scores per category

Category	Marks Awarded	For Official Use
NCA 1	81 -100
NCA 2	66 -80
NCA 3	56 -65
NCA 4	46-55
NCA 5	36-45
NCA 6	21-35
NCA 7	10-20
NCA 8	to meet all the mandatory requirements

6.VALUE LIMITS

B	Road Works	NCA 1	UNLIMITED
		NCA 2	2,500,000,000.00
		NCA 3	1,250,000,000.00
		NCA 4	750,000,000.00
		NCA 5	500,000,000.00
		NCA 6	200,000.000.00
		NCA 7	30,000.000.00
		NCA 8	10,000.000.00

Foreign 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.

	Minimum requirements	For Official Use
(a)	Receipt of the payment of application form
(b)	Society name/ Company name, Address and Contacts
(c)	Certificate of registration with societies / Certificate of Incorporation and memorandum of association
(d)	Valid Business Permit
(e)	Valid work permit for foreign staff
(f)	CR 12 Form
(g)	Application form duly completed including all annexes
(h)	Declaration signed, witnessed and stamped
(i)	Tax compliance certificate
(j)	Referees

Note 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

Contractor	Minimum requirement	For Official Use
For Water Works contractors, the following qualifications are mandatory
a) water supply, sewerage and irrigation works	Ministry of Water license
b) dams and pans	Ministry of Water license

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 sheet

Technical director's professional qualification (1)	Marks to be awarded		Exp. In years (4)	% of total marks (5)
Technical director's professional qualification (1)	Basic Professional Qualification (2)	Industry Experience (3)	>108-105-7<5	100806040
Bachelor's Degree.	1.0	1.75
Higher Diploma	0.75	1.25
Diploma	0.5	1.0
Certificate	0.25	0.75
Trade test	0.25	0.5
NB:Registration by relevant professional body will give technical staff 1 mark

Table 4: Other Directors mark sheet

Other director's professional qualification (1)	Marks to be awarded		Exp. in years (4)	% of total marks (5)
Other director's professional qualification (1)	Basic Professional Qualification (2)	Industry Experience(3)	>108-105-7<5	100806040
Bachelor's Degree.	0.25	0.75
Higher Diploma	0.2	0.5
Diploma	0.15	0.3
Certificate	0.1	0.2
Trade test	0.05	0.1
NB:Registration by relevant professional body will give technical staff 0.25 marks

(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.

(d)marks will only be awarded for staff whose academic certificates and detailed curriculum vitae have been attached.

Table 5: Evaluation of Technical Staff

Technical staff professional qualifications (1) (in related field of study)	Marks to be awarded		Exp. In years (4)	% of total marks (5)
	Basic Professional Qualification (2)	Experience in construction (3)	>108-105-7<5	100806040
Bachelor's Degree.	0.5	1.0
Higher Diploma/Diploma	0.5	0.5
Certificate/trade test	0.25	0.25
NB:Registration by relevant professional body will give technical staff 0.25 marks

Table 6: Evaluation of other Staff

Other Staff		Marks
Accounts and Finance Department		0.25
Human Resource Department		0.25
Administration		0.25
Occupational Health and Safety Officer		0.25

(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

	Plant & Equipment	No.	Roads
1.	Earth Moving	20	5
	Bull Dozers (Min. capacity 280 HP)	3
	Excavator (30T and above 230 HP)	5
	Graders (Min. capacity 186 HP)	2
	loaders (Min. capacity 2O0 HP)	8
	Backhoe (Min capacity 100HP)	2
2.	Hauling & Transportation	30	3
	Tippers (l5cumt or 25T payload)	20
	Agricultural Tractor 4x4, 120HP complete with trailers	2
	40T Low Loaders + Prime Mover 100HP	4
	Non-tipping Truck (Min. 7T)	4
3	Crusher Plant	1	2
	Stone Crusher 3 stages (P/S/T), installed power 750KVA	1
4	Concreting Equipment	10	1.5
	Concrete Mixers (Min. 750lts)	6
	Compressors (Min . 136 Cfm) & vibrators	4
	Concrete batch plant weigh scale capacity min. 30cumt/hr	11
5	Compaction Equipment	20	4
	Vibrating Rollers (Min. capacity l2T)	6
	Tandem Rollers (Min. capacity 10T)	4
	Pneumatic Tyre Rollers (Min 10T, 10 wheels)	2
	Pedestrian Rollers/Plate Compactors	4
	Hand Compressors	4
6	Cranes, hoisting and lifting equipment	1	1
	Mobile crane (Min. 25T)	1
6	Surveying Equipment	4	0.5
	Leveling Instrument (e.g. Dumpy level)	2
	Theodolite/Total Station	2
7	Water Equipment & Generators	15	1
	Water Bowsers (Min. 3000lts)	6
	Water Pumps (Min. 4" suction)	6
	Generator Set (Min. 250 KVA)	3
8	Miscellaneous	2
	Assortment of Hand Tools (set of shovels, pans, pick axes, hoes, wheel barrows, etc.
	Lieht Duty Vehicles (Pick-ups)
	Welding Set (Min. 300Amps)
	TOTAL		20

(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

Projects Description and Value range (Kshs.)	Marks/Score	Notes
Kshs. 1.25 Billion and above	25	The given value ranges are persingle water project
Kshs. 1.0 - 1.25 Billion	20
Kshs. 0.5 - 1.0 Billion	15
Kshs. 100 - 500 Million	10
Kshs. 20 - 100 Million	5
Kshs. 20 Million and below	3

(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

		Marks Awarded
Workshop and yard		upto 3
Office space		upto 2

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

Annual Turn Over ( Kshs)	Marks	Cash Flow / Working Capital	Marks
1,000,000,000 - Above	20.0	75,000,000 - Above	10.0
750,000,000 - 1,000,000,000	17.5	50,000,000 - 75,000,000	8.5
450,000,000 - 750,000,000	15.0	30,000,000 - 50,000,000	6.5
300,000,000 - 450,000,000	14	20,000,000 - 30,000,000	5.0
150,000,000 - 300,000,000	12	5,000,000 - 20,000,000	3.0
75,000,000 - 150,000,000	10	2,500,000 - 5,000,000	3.0
37,500,000 - 75,000,000	8	1,250,000 - 2,500,000	2.0
Below 37,500,000	5	Below 1,250,000	2.0

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 category

Category	Marks Awarded	For Official Use
NCA 1	81 -100
NCA 2	66 -80
NCA 3	56 -65
NCA 4	46-55
NCA 5	36-45
NCA 6	21-35
NCA 7	10-20
NCA 8	to meet all the mandatory requirements

Other 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

Water supply, Sewerage & Irrigation	NCA 1	UNLIMITED
	NCA 2	1,000,000,000.00
	NCA 3	500,000,000.00
	NCA 4	300,000,000.00
	NCA 5	200,000,000.00
	NCA 6	100,000.000.00
	NCA 7	30,000.000.00
	NCA 8	10,000.000.00

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.

	Mandatory requirements
(a)	Receipt of the payment of application form
(b)	Society name/ Company name, Address and Contacts
(c)	Certificate of registration with societies /Certificate of Incorporation and memorandum of association
(d)	Valid Business Permit/Licence
(e)	Valid work permit for foreign staff
(f)	CR 12
(g)	Application form duly completed including all annexes
(h)	Declaration signed, witnessed and stamped
(i)	Tax compliance certificate
(j)	Referees

Referees 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 Contractors

Class/Sub-Class	Mandatory Requirements	Minimum Requirements	For Official Use
Electrical Installation	Energy Regulatory Commission (ERC) License *	Licence C2
Generator Installation	Energy Regulatory Commission (ERC) License	Licence A2
Lifts & Escalators, Travellator Installation	Energy Regulatory Commission (ERC) License	Licence A2
Solar PV Installation	Energy Regulatory Commission (ERC) License	Licence Tl
Construction of Power Lines	Energy Regulatory Commission (ERC) License	Licence C2

^{* Licence issued under the Energy Act, Cap. 314 Laws of Kenya}Table 2B: Additional Mandatory Requirements for Communications Engineering Contractors

Class/Sub-Class	Mandatory Requirements	Minimum Requirements	For Official Use
Wireless Communication Systems	Communications Authority of Kenya (CAK) License**	Telecommunications Contractor Licence
Structured Cabling and IP telephony Installation	Communications Authority of Kenya (CAK) License	Telecommunications Contractor Licence

^{* Licence issued under the Energy Act, Cap. 314 Laws of Kenya}

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 sheet

Technical director's professional qualification (1)	Marks to be awarded		Exp. In years (4)	% of total marks (5)
Technical director's professional qualification (1)	Basic Professional Qualification (2)	Industry Experience (3)	>108-105-7<5	100806040
Bachelor's Degree.	1.0	1.75
Higher Diploma	0.75	1.25
Diploma	0.5	1.0
Certificate	0.25	0.75
Trade test	0.25	0.5
NB:Registration by relevant professional body will give technical staff 1 mark

Table 4: Other Directors

Other director's professional qualification (1)	Marks to be awarded		Exp. In years (4)	% of total marks (5)
Other director's professional qualification (1)	Basic Professional Qualification (2)	Industry Experience (3)	>108-105-7<5	100806040
Bachelor's Degree.	0.25	0.75
Higher Diploma	0.2	0.5
Diploma	0.15	0.3
Certificate	0.1	0.2
Trade test	0.05	0.1
NB:Registration by relevant professional body will give technical staff 0.25 marks

(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)

Technical staff professional qualifications (1) (in related field of study)	*Marks to be awarded*		*Exp. In years (4)*	% of total marks (5)
	Basic Professional Qualification (2)	Experience in construction(3)	>108-105-7<5	100806040
Bachelor's Degree.	0.5	1.0
Higher Diploma/Diploma	0.5	0.5
Certificate/trade test	0.25	0.25
NB:Registration by relevant professional body will give technical staff 0.5 marks

Table 6: Evaluation of other staff

Other Staff		Marks
Accounts and Finance Department		0.5
Human Resource Department		0.5
Administration		0.5
Occupational Health and Safety Officer		0.5

(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 Installation

Plant & Equipment	No.	Marks
Equipment for Electrical Installation	10	5
Portable drilling machines	6
Cable lagging Machine	4
Testing Equipment	26	5
Multimeter	6
Earth loop Impedance tester	2
Earth Resistance Tester	2
Insulation Tester	2
Tong Tester	6
Phase Sequence meter	2
Phase Tester	6
Hauling & Transportation	4	4
Pick-ups	4
Miscellaneous	2	1
Circuit Analyzer	1
Assorted hand tools (Vices, Levels, Hand tools set, snips, pliers, screw drivers, spanners, etc.)	11
TOTAL		15
NB:NCA 5 & above MUST have Earth loop Impedance and Phase Sequence meter else downgraded to NCA 6.

Table 7B: Generators and Lifts

Plant & Equipment	No.	Marks
Equipment for Generator, Lifts & Escalator Installation	9	2
Portable drilling machines	3
Cable lagging Machine	4
Chain Block & tackle (min. 1 ton)	2
Testing Equipment	14	8
Multimeter	3
Earth loop Impedance tester	2
Earth Resistance Tester	2
Insulation Tester	2
Tong Tester	3
Phase Sequence meter	2
Hauling & Transportation	5	3
Pick-ups	2
Light trucks (minimum 3ton)	2
Truck mounted crane	1
Miscellaneous	11	2
Assorted hand tools (Vices, Levels, Hand tools set, snips, pliers, screw drivers, spanners, etc.)	11
TOTAL		15

Table 7C: Solar PV Installation

Plant & Equipment	No.	Marks
Equipment for Solar PV Installation	7	4
Solar design software	1
Portable drilling machines	6
Testing Equipment	12	7
Multimeter	6
Earth loop Impedance	2
Earth Resistance Tester	2
Insulation Tester	2
Hauling & Transportation	4	2
Pick-ups (minimum 1 ton)	4
Miscellaneous	13	2
Circuit Analyzer	1
Assorted hand tools (Vices, Levels, Hand tools set, snips, pliers, screw drivers, spanners, etc.)	11
Irradiation Meter	1
TOTAL		15

Table 7D: Power Line Construction (Distribution & Transmission)

*Plant & Equipment*	*No.*	*Marks*
Equipment for Power line construction	14	4
Portable drilling machines	4
Chain Block & tackle (min. 1 ton)	4
Pull lift	4
Come-a-long cable power puller (minimum 3/16" cables)	2
Testing Equipment	22	4
Multimeter	6
Earth Resistance Tester	2
Insulation Tester	2
Tong Tester	6
Line Tester	6
Hauling & Transportation	6	6
Light truck	2
Non-tipping trucks	2
Truck mounted cranes	2
Miscellaneous	11	1
Assorted hand tools (Vices, Levels, Hand tools set,snips, pliers, screw drivers, spanners, etc.)	11
TOTAL		15

Table 7E: Electronic, Communication, Security and Access Systems

Plant & Equipment	No.	Marks
Equipment for Electronic, Communication, security and Access Systems Installation	4	2
Portable drilling machines	4
Testing Equipment	22	8
Multimeter	6
Earth Resistance Tester	2
Computers	3
Phase Tester	6
Cable Tester	2
Krone tool	3
Hauling & Transportation	4	3
Pick-ups	2
Light truck	2
Miscellaneous	11	2
Assorted hand tools (Vices, Levels, Hand tools set, snips, pliers, screw drivers, spanners, etc.)	11
TOTAL		l5

(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):

Projects Value (in millions Ksh (1)	Marks for, Volume of Works over last five years (2)	Notes (3)
250,000,000 +	10	Step 1: Check for the value of the largest single project done in the last 5 yearsStep 2: Find range in Column (1) where that figure falls in.Step 3: Award corresponding mark
200,000,000 -250,000,000	9
150,000,000 - 200,000,000	8
100,000,000 - 150,000,000	7
50,000,000 - 100,000,000	6
25,000,000 - 50,000,000	5
10,000,000 - 25,000,000	4
Below 10,000,000	3

Table 8B: Firms Experience - Complexity of Works (Electrical Installation Works)

Class of ERC Licence	Complexity of Electrical Works	Marks (Max 10 marks)
A1	All kinds of electrical installation work	10
B	All kinds of electrical installation work for connection to supply metered at voltages not exceeding medium (i.e. less than 33,000V)	8
C1	Limited to installation works for connection to three phase supply at low voltage (i.e. less than 1,000V), up to four (4) storey buildings not used as factories or places of public entertainment;	5
C1	Limited to installation works for connection to single phase supply at low voltage (i.e. less than 1,000V) up to two (2) storey buildings not used as factories or places of public entertainment;	3

(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):

Projects Value (in millions Ksh (1)	Marks for Volume of Works over last five years (2)	Notes (3)
250,000,000 +	20	Step 1: Check for the value of the largest single project done in the last 5 yearsStep 2: Find range in Column (1) where that figure falls in.Step 3: Award corresponding mark
200,000,000 -250,000,000	18
150,000,000 - 200,000,000	16
110,000,000 - 150,000,000	14
50,000,000 - 100,000,000	12
25,000,000 - 50,000,000	8
10,000,000 - 25,000,000	5
Below 10,000,000	2

Table 8D: Firm’s experience – Volume of Work (Generators, Lifts, Solar, Audio Visual, and Instrumentation & PLCs):

Projects Value (in millions Ksh (1)	Marks for Volume of Works over last five years (2)	Notes (3)
50,000,000 +	20	Step 1: Check for the value of the largest single project done in the last 5 yearsStep 2: Find range in Column (1) where that figure falls in.Step 3: Award corresponding mark
30,000,000 - 50,000,000	17
20,000,000 -30,000,000	14
10,000,000 - 20,000,000	11
5,000,000 - 10,000,000	8
Below 5,000,000	5

Table 8E: Firm’s experience – Volume of Work (Construction of Power Lines):

Projects Value (in millions Ksh (1)	Marks for Volume of Works over last five years (2)	Notes (3)
1,000,000,000 +	20	Step 1: Check for the value of the largest single project done in the last 5 yearsStep 2: Find range in Column (1) where that figure falls in.Step 3: Award corresponding mark
500,000,000 - 1,000,000,000	18
250,000,000 -500,000,000	16
200,000,000 - 250,000,000	14
150,000,000 - 200,000,000	12
1 00,000,000 - 150,000,000	10
50,000,000 - 100,000,000	8
25,000,000 - 50,000,000	5
Below 25,000,000	3

(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

		Marks Awarded
Workshop and yard		3
Office space		2

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 capitalTable 10A: Financial Evaluation Scheme (Electrical, Construction of Power Lines, Wireless Communications, Structured Cabling, Security & Access Control Systems):

Best Annual Turn Over (Kshs) in 3yrs (20 marks)	Marks (A)	Cash Flow / Working Capital (10 marks)	Marks (B)
187,500,000 +	20.0	25,000,000 +	10.0
112,500,000- 187,500,000	18	15,000,000 - 25,000,000	9
75,000,000 - 112,500,000	16	10,000,000 15,000,000	8
37,500,000 - 75,000,000	14	5,000,000 - 10,000,0000	7
15,00,000 - 37,500,000	12	1,000,000 - 5,000,000	6
7,500,000 - 15,00,000	10	500,000 - 1,000,000	5
3,750,000 -7,500,000	8	250,000 - 500,000	4
Below 3,750,000	5	Below 250,000	3

Table 10B: Financial Evaluation Scheme (Generators, Lifts & Escalators, Solar PV, Audio Visual, Instrumentation & PLCs):

Best Annual Turn Over (Kshs) in 3yrs(20 marks)	Marks (A)	Cash Flow / Working Capital( 10 marks)	Marks (B)
100,000,000 +	20	17,500,000 +	10
75,000,000 - 100,000,000	18	12,500,000 - 17,500,000	9
50,000,000 - 75,000,000	16	10,000,000 - 12,500,000	8
37,500,000 - 50,000,000	14	5,000,000 - 10,000,000	7
15,000,000 - 37,500,000	12	1,000,000 - 5,000,000	6
7,500,000 - 15,000,000	10	500,000 - 1,000,000	5
3,750,000 - 7,500,000	8	250,000 - 500,000	4
Below 3,750,000	5	Below 250,000	3

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)

Category	Marks Awarded	For Official Use
NCA 1	80 -100
NCA 2	70 -79
NCA 3	60 -69
NCA 4	50 -59
NCA 5	40 -49
NCA 6	to meet all the mandatory requrements

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)

Category	Marks Awarded	For Official Use
NCA 1	80 -100
NCA 2	60 -79
NCA 3	40 -59
NCA 4	to meet all the mandatory requrements

ANNEXURES.Table 12: Sub-Classes and Value Limits for Electrical, Electronic and Communications Engineering Works








CATEGORIZATION OF MECHANICAL WORKS

Class/Subclass	Scope	Category	Limit (Kshs)
Electrical Installation	Electrical Wiring, Installation of Fittings & Equipment, and Maintenance	NCA 1	UNLIMITED
		NCA 2	250,000,000.00
		NCA 3	100,000,000.00
		NCA 4	50,000,000.00
		NCA 5	20,000,000.00
		NCA 6	5,000.000.00
Generator Installation	Installation & Maintenance of Standby Power Generators	NCA 1	UNLIMITED
		NCA 2	50,000,000.00
		NCA 3	20,000,000.00
		NCA 4	5,000.000.00
Lifts & Escalators and Travellator Installation	Installation and Maintenance of Lifts and Elevators	NCA 1	UNLIMITED
		NCA 2	50,000,000.00
		NCA 3	20,000,000.00
		NCA 4	5,000.000.00
Solar PV Installation	Installation of Solar Power Systems	NCA 1	UNLIMITED
		NCA 2	50,000,000.00
		NCA 3	20,000,000.00
		NCA 4	5,000.000.00
Construction ofPower Lines	Power Distribution,PowerTransmission, Sub-StationConstruction	NCA 1	UNLIMITED
		NCA 2	250,000,000.00
		NCA 3	100,000,000.00
		NCA 4	50,000,000.00
		NCA 5	20,000,000.00
		NCA 6	5,000.000.00
Wireless Communication Systems	Installation of GSM,TDMA & CDMA Telecommunication Systems, Radio Communications, Broadcast Equipment,	NCA 1	UNLIMITED
		NCA 2	250,000,000.00
		NCA 3	100,000,000.00
		NCA 4	50,000,000.00
		NCA 5	20,000,000.00
		NCA 6	5,000.000.00
Structured Cabling and IP Telephony Installation	Data/Voice Cabling, Network Equipment, IP Telephon), Fibre Optic Installations, Building Management Systems (BMS)	NCA 1	UNLIMITED
		NCA 2	250,000,000.00
		NCA 3	100,000,000.00
		NCA 4	50,000,000.00
		NCA 5	20,000,000.00
		NCA 6	5,000.000.00
Audio Visual Systems	Conference Systems, Public Address, Video Conference Systems	NCA 1	UNLIMITED
		NCA 2	50,000,000.00
		NCA 3	20,000,000.00
		NCA 4	5,000.000.00
Instrumentation and Programmable Logic Control (PLC) Systems	Elecffonic Control Systems, Digital Display System	NCA 1	UNLIMITED
		NCA 2	50,000,000.00
		NCA 3	20,000,000.00
		NCA 4	5,000.000.00
Security & Access Control Systems	CCTV Surveillance System, Access Control, Alarm Systems, Parking Management System	NCA 1	UNLIMITED
		NCA 2	250,000,000.00
		NCA 3	100,000,000.00
		NCA 4	50,000,000.00
		NCA 5	20,000,000.00
		NCA 6	5,000.000.00

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.

Table 1: Mandatory requirements

	Mandatory requirements		For Official Use
(a)	Receipt of the payment of application form
(b)	Society name/ Company name, Address and Contacts
(c)	Certificate of registration with societies /Certificate of Incorporation and memorandum of association
(d)	Valid Business Permit
(e)	CR 12
(f)	Valid work permit for foreign staff
(g)	Application form duly completed including all annexes
(h)	Declaration signed, witnessed and stamped
(i)	Tax compliance certificate
(j)	Referees - Should be defined

RefereesThese should be fully defined—

(a)recommendation letters from clients and consultants for completed works;

(b)recommendation letters from former employers in related field.

Table 2: Additional mandatory requirements for mechanical contractors

For Mechanical Contractors, the following qualifications are mandatoty
Contractor		Minimum requirement	For Official Use
(a)Plumbing and Drainage.(b)Boilers, Incinerators and Pressure Vessels.(c)Bore Hole Drilling(d)Solar Water Installation		o Drain layers licenseo Plumbers licenseo Boilers Inspectors' License by DOSHo Bore hole drilling License by Ministry of Watero ERC license for solar heating

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 sheet

Technical director's professional qualification (1)	Marks to be awarded		Exp. In years (4)	% of total marks (5)
Technical director's professional qualification (1)	Basic Professional Qualification (2)	Industry Experience(3)	>1008-105-7<5	100806040
Bachelor's Degree.	1.5	2.0
Higher Diploma	1.25	1.5
Diploma	1.0	1.25
Certificate	0.75	1.0
Trade test	0.5	0.75
NB:Registration by relevant professional body will give technical staff 1 mark

Table 4: Other Directors Mark sheet

Other director's professional qualification (1)	Marks to be awarded		Exp. In years (4)	% of total marks (5)
Other director's professional qualification (1)	Basic Professional Qualification (2)	Industry Experience(3)	>1008-105-7<5	100806040
Bachelor's Degree.	0.5	0.75
Higher Diploma	0.4	0.5
Diploma	0.3	0.3
Certificate	0.2	0.2
Trade test	0.1	0.1
NB:Registration by relevant professional body will give technical staff 0.25 marks

(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 Staff

Technical staff professional qualtfications (1) (in related field of study)	Marks to be awarded		Exp. In years (4)	% of total marks (5)
	Basic Professional Qualification (2)	Experience in construction ( 3	>1008-105-7<5	100806040
Bachelor's Degree.	0.75	1.0
Higher Diploma/Diploma	0.5	0.5
Certificate/trade test	0.25	0.25
NB:Registration by relevant professional body will give technical staff 0.25 marks

Table 6: Evaluation of Other Staff

Other Staff		Marks
Accounts and Finance Department		0.5
Human Resource Department		0.5
Administration		0.5
Occupational Health and Safety Officer		0.5

(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 works

	No.	Marks for, contractor without specialized equipment	Marks for, contractor with specialized equipment	Marks for bore hole contractor (only)
Installation Equipment	18	9	4	3
Portable drilling machines	4
Pipe jointing formation equipment (fusion welder)	4
Generator (minimum 2HP)	4
Welding machines ( min. 225 AmP-AC)	4
Threading machine	4
Pressure testing pumP (@	2
Sheet metal workshoP	4
Pipe chains 14" to 24"	2
Hauling, & Transportation	6	4	4	0
Pick-ups (minimum lton)	4
Light trucks (minimum 3ton)	2
Miscellaneous	2	2	2	1
Assorted tools (Vices, Levels, Hand tools set, wrench, Pliers etc.)	1
Assorted electrical tools (Testers etc.)	1
TOTAL		15	l0	4

Table 7b: Additional equipment for Refrigeration, cold-rooms & AC/ventilation works

Refrigeration, cold-rooms & Aclventilation	No.	Marks
installation Equipment	8 5
Gas filling equipment	4
Copper handling equipment set (flaring tool,brazrng tools etc.)	4
TOTAL		5

Table 7c: Additional equipment for Boilers, Incinerators and pressure vessels works

Boilers, Incinerators and pressure vessels	No.	Marks
Installation Equipment	12 5
Hoisting equipment (min. 25QC	1
Telescopic inspection camera	2
1000V rated electrical screwdriver set	2
pressure vessel inspection kit	1
Differential thermometer	4
Electronic leak detector	2
TOTAL		5

Table 7d: Additional equipment for Bore hole drilling & equipping works

Bore hole drilling & equipping works	No.	Marks
Drilling Rigs	5	5
Rig capable of drilling over 500m	1
Rig capable of drilling up to 500m	1
Rig capable of drilline up to 300m	1
Rig capable of drilline up to 150m	1
Rig capable of drilling up to 100m	1

Compressor	2	1
Capacity ( Over 500) PSI	1
capacity ( 175 - 500) PSI	I

Mud pump	1	1
Mud Pump	1
Cementing Pump	1

Test Pumping Unit	6	1.5
Over 25m³/hr.	1
(11 - 25) m³/hr.	1
(0-10)m³/hr.	4

Hauling & Transportation	22	2.5
Truck mounted cranes (min. 250kg)	4
Pick-ups (minimum lton)	10
Light trucks (minimum 3ton)	4
Non-tipping trucks (10 tons, 4x4)	4

TOTAL		11

(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:

Projects Description and Value range (Kshs.)	Marks/ Score	Notes
100,000,000 +	20	Step 1: total of project values over last 5yrsStep 2; find range in column 1 that figures falls inStep 3; award points corresponding to column
200,000,000 up to 250,000,000	18
150,000,000 up to 200,000,000	16
100,000,000 up to 150,000,000	14
50,000,000 up to 100,000,000	12
25,000,000 up to 50,000,000	8
10,000,000 up to 25,000,000	5
Below 10,000,000	2

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:

Projects Description and Value range (Kshs.)	Marks/ Score	Notes
100,000,000 +	20	Step 1: total of project values over last 5yrsStep 2; find range in column 1 that figures falls inStep 3; award points corresponding to column
75,000,000 up to 100,000,000	18
50,000,000 up to 75,000,000	16
25,000,000 up to 50,000,000	14
10,000,000 up to 25,000,000	12
5,000,000 up to 10,000,000	8
2,500,000 up to 5,000,000	5
Below 2,500,000	2

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

		Marks awarded
workshop and yard		upto 3
office space		upto 2

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 Scheme

Annual Turn Over ( Kshs)	Marks	Cash Flow/ Workins Capital	Marks
Mechanical Works
200,000,000 - Above	20.0	75,000,000 - Above	10.0
150,000,000-200,000,000	17.5	50,O00,000 - 75,000,000	8.5
100,000,000 - 150,000,000	15.0	30,000,000 - 50,000,000	6.5
75,000,000 - I 00,000,000	12.5	20,000,000 - 30,000,000	5.0
50,000,000 - 7 5,000,000	10.0	5,000,000 - 20,000,000	3.0
25,000,000 -50,000,000 '	7 .5	2,500,000 - 5,000,000	3.0
10,000,000 - 25,000,000	5.0	1,250,000 - 2,500,000	2.0
Below 10,000,000	2.5	Below 1,250,000	2.0

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 10: Financial Evaluation Scheme

Annual Turn Over ( Kshs)	Marks	Cash Flow/ Workins Capital	Marks
75,000,000 - Above	20.0	50,000,000 - Above	10.0
50,000,000- 75,000,000	17.5	30,000,000 - 50,000,000	8.5
25,000,000 - 50,000,000	15.0	15,000,000 - 30,000,000	6.5
10,000,000 -25,000,000	12.5	7,500,000 - 15,000,000	5.0
5,000,000 - 10,000,000	10.0	2,500,000 - 7,500,000	3.0
2,500,000 -5,000,000	7.5	1,750,000 - 2,500,000	3.0

(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)

Category	Marks Awarded	For Official Use
NCA 1	80 -100
NCA 2	70 -79
NCA 3	60 -69
NCA 4	50 -59
NCA 5	40 -49
NCA 6	to meet all the mandatory requrements

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)

Category	Marks Awarded	For Official Use
NCA 1	80 -100
NCA 2	60 -79
NCA 3	40 -59
NCA 4	to meet all the mandatory requrements

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

Subclass	Category	Value of Works
Plumbing, Drainage and Sanitary Fittings;	NCA 1	UNLIMITED
plumbing & drainage works, water reticulation, pump installation, sanitary fitting installation, domestic water storage systems, domestic biodigesters and laboratory installations	NCA 2	250,000,000.00
	NCA 3	150,000,000.00
	NCA 4	100,000,000.00
	NCA 5	50,000,000.00
	NCA 6	20,000,000.00
Refrigeration, cold rooms, Air-Conditioning and Ventilation	NCA 1	UNLIMITED
AC works, natural & mechanical ventilation, fume cupboard installations, refuse disposals	NCA 2	250,000,000.00
	NCA 3	150,000,000.00
	NCA 4	100,000,000.00
	NCA 5	50,000,000.00
	NCA 6	20,000,000.00
Kitchen and Laundry Equipment	NCA 1	UNLIMITED
	NCA 2	100,000,000.00
	NCA 3	50,000,000.00
	NCA 4	20,000,000.00
Boilers, Incinerators and Pressure Vessels	NCA 1	UNLIMITED
	NCA 2	100,000,000.00
	NCA 3	50,000,000.00
	NCA 4	20,000,000.00
Boilers, Water Tanks, Treatment Plant and Pumping plant	NCA 1	UNLIMITED
plumbing & drainage works, water reticulation, pump installation, bulk water storage tanks installation and heavy duty pump installations	NCA 2	250,000,000.00
	NCA 3	150,000,000.00
	NCA 4	100,000,000.00
	NCA 5	50,000,000.00
	NCA 6	20,000,000.00
Compressed Air, Hydraulic, LP and Medical Gas Installation;	NCA 1	UNLIMITED
gas pipe handling, gas/air reticulation, medical gas equipment installation, hydraulic systems installation and LP gas installations	NCA 2	250,000,000.00
	NCA 3	150,000,000.00
	NCA 4	100,000,000.00
	NCA 5	50,000,000.00
	NCA 6	20,000,000.00
Cranes and Hoists installation services	NCA 1	UNLIMITED
gantry cranes and hoists installation/ maintenance, hydraulic systems installation and window cleaning system installations	NCA 2	250,000,000.00
	NCA 3	150,000,000.00
	NCA 4	100,000,000.00
	NCA 5	50,000,000.00
	NCA 6	20,000,000.00
Fire Engineering Services	NCA 1	UNLIMITED
Fire protection equipment installation/maintenance, automatic fire suppression systems installation and fire engineering sensitization services	NCA 2	100,000,000.00
	NCA 3	50,000,000.00
	NCA 4	20,000,000.00
Health club facilities	NCA 1	UNLIMITED
	NCA 2	100,000,000.00
	NCA 3	50,000,000.00
	NCA 4	20,000,000.00
Mobile shelving.	NCA 1	UNLIMITED
	NCA 2	100,000,000.00
	NCA 3	50,000,000.00
	NCA 4	20,000,000.00
Swimming pool construction & installation	NCA 1	UNLIMITED
	NCA 2	100,000,000.00
	NCA 3	50,000,000.00
	NCA 4	20,000,000.00
Oil & Gas storage, supply & pumping Reticulation	NCA 1	UNLIMITED
Installation and testing of gas/petrol station works, oil/gas reticulation, oil/gas storage tanks	NCA 2	250,000,000.00
	NCA 3	150,000,000.00
	NCA 4	100,000,000.00
	NCA 5	50,000,000.00
	NCA 6	20,000,000.00
Bore drilling and Equipping	NCA 1	UNLIMITED
	NCA 2	100,000,000.00
	NCA 3	50,000,000.00
	NCA 4	20,000,000.00
Solar heating systems	NCA 1	UNLIMITED
assorted fluids (eg water and air) heating using solar energy	NCA 2	100,000,000.00
	NCA 2	50,000,000.00
	NCA 3	20,000,000.00
Hospital Equipment	NCA 1	UNLIMITED
	NCA 2	250,000,000.00
	NCA 3	150,000,000.00
	NCA 4	100,000,000.00
	NCA 5	50,000,000.00
	NCA 6	20,000,000.00

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

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History of this document

31 December 2022 this version

Revised by 24th Annual Supplement

24 November 2017

Amended by National Construction Authority (Amendment) Regulations, 2017

Read this version

21 April 2017

Amended by National Construction Authority Corrigenda

Read this version

10 March 2017

Amended by National Construction Authority (Amendment) Regulations, 2017

Read this version

13 June 2014

Published in Kenya Gazette 71

Commenced

Read this version

The National Construction Authority Regulations

Legal Notice 74 of 2014

Related documents

LAWS OF KENYA

NATIONAL CONSTRUCTION AUTHORITY ACT

THE NATIONAL CONSTRUCTION AUTHORITY REGULATIONS

LEGAL NOTICE 74 OF 2014

Part I – PRELIMINARY

1. Citation

2. lnterpretation

Part II – REGISTRATION OF CONTRACTORS

3. Application for registration as contractor

4. Evaluation of application

5. Certificate of Registration

6. Exemption from registration for local contractors

7. Renewal of registration

8. Petition for review

9. Restriction

10. Application for upgrading

11. Transfer of records

12. Registration of foreign Contractors

13. Application for renewal

14. Continuous Professional Development

Part III – JOINT VENTURES

15. Registration of Joint ventures

16. Ration of ownership of joint ventures

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

17. Registration of construction works

18. Representative of the Owner

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

19. Accreditation

20. Classes of skilled construction workers

21. Classes of construction site supervisors

22. Eligibility for accreditation

23. Validity of accreditation

24. Rejection of application

Part VI – COLLECTION AND PAYMENT OF CONSTRUCTION LEVY

25. [Deleted by L.N 24/2017.]

26. [Deleted by L.N 24/2017.]

Part VII – ENFORCEMENT

27. Fees

28. Investigation of complaint or suspicion

29. Removal from register

SCHEDULE

Part I – EVALUATION CRITERIA FOR REGISTRATION OF BUILDING WORKS CONTRACTORS

Part II – EVALUATION CRITERIA FOR REGISTRATION OF ROAD WORKS CONTRACTORS

Part III

Part IV

Part V

History of this document

31 December 2022 this version

24 November 2017

21 April 2017

10 March 2017

13 June 2014

Related documents

Is amended by